To claim successfully that their Fifth Amendment right against self-incrimination was
violated, defendants have to prove three elements. Which of the following is NOT one
of these three elements?
a. Compulsion
b. Abuse by law enforcement officers
c. Testimony
d. Incrimination
The Sixth Amendment guarantees which of the following?
a. The right to be free from unreasonable searches.
b. The right against double jeopardy.
c. The right to an impartial jury.
d. The right to due process of law.
According to the Supreme Court opinion in Mapp v. Ohio(1961), involving a police
search for a bombing suspect:
a. only a handful of states had adopted the exclusionary rule by legislation or judicial
opinion.
b. the exclusionary rule applies to the states through the Fourteenth Amendment due
process clause.
c. whether states had adopted the exclusionary rule was irrelevant in deciding whether
that rule applies to the states through the Fourteenth Amendment due process clause.
d. the police may not seize evidence relating to pornography when they are looking for
a bombing suspect.
Concerning the functioning of twelve member juries, social scientists have found that:
a. twelve member juries are right less often than smaller juries.
b. twelve member juries are right more often than smaller juries.
c. there is no difference in the reliability of verdicts between twelve member and
smaller juries.
d. jury verdicts cannot be studied using social science methods
The U.S. Supreme Court has the power to manage how the lower federal courts conduct
their business. This is called the Court’s:
a. power of judicial review.
b. due process standard.
c. supreme power.
d. supervisory power.
The Constitution always binds the government.
a. True
b. False
The “bright line rule,” is also referred to as the _______rule.
a. proper
b. pro forma
c. per se
d. in forma pauperis
Concerning mandatory minimum sentencing laws, evaluations conducted by the U.S.
Sentencing Commission found that:
a. mandatory minimum sentences eliminate discretion.
b. mandatory minimum sentences actually introduce disparity in sentencing.
c. mandatory minimum sentencing provisions are used in almost all cases for
sentencing.
d. offenders sentenced to mandatory minimum sentences have higher recidivism rates.
________refers to the perception of an event when information is first entered into a
person’s memory.
a. Recall
b. Acquisition
c. Suggestion
d. Retention
In the Supreme Court case County of Riverside v. McLaughlin, involving a defendant
who argued the state took too long to effectuate a judicial determination of probable
cause after his warrantless arrest, the Court held that the test for determining if there has
been a “prompt” judicial determination of probable cause is whether the arrestee was
brought before a judicial officer:
a. without unreasonable delay, under all the circumstances.
b. within 36 hours of arrest, ordinarily.
c. within 48 hours of arrest, ordinarily.
d. within 24 hours of arrest, ordinarily.
Under the state-created danger exception to the no-duty-to-protect rule, a law
enforcement officer can be held liable under section 1983 if his actions created a special
danger to the general public.
a. True
b. False
The justification that excluding evidence obtained in violation of the Constitution
prevents illegal law enforcement conduct is called the deterrence justification.
a. True
b. False
The USA Patriot Act:
a. eliminates the constitutional balance between government power and individual
privacy.
b. tips the balance in favor of individual privacy and liberty.
c. reinforces the balance between government power and individual liberty that was in
effect before 9/11.
d. modifies the balance between government power and individual liberty in the
government’s favor.
What percentage of cases are dropped because of the exclusionary rule?
a. less than 2%
b. about 5%
c. about 10%
d. about 15%
The U.S. Supreme Court decided in Tennessee v. Garner (1985) that:
a. police cannot shoot a fleeing suspect if he poses no imminent danger.
b. suspects can be engaged with deadly force in the presence of bystanders who could
possibly be harmed.
c. lethal force can be applied against non-dangerous criminal suspects.
d. lethal force is permitted against misdemeanor offenders.
Perry v. New Hampshire (2012) ruled that:
a. the due process clause does not require a hearing into the reliability of eyewitness
identification procedures that were not arranged by the police.
b. accidental showups constitute “fruit of the poisonous tree” and cannot be used at trial.
c. accidental show-ups are preferably to organized line-ups.
d. accidental show-ups are a highly successful tool of law enforcement.
Which of the following is NOT a direct exception to the exclusionary rule?
a. Knock-and-announce
b. Cross-examination
c. Non-trial proceedings
d. The case-in-chief part of the trial
This rationale for due process is based on the idea that admitting unreliable evidence
denies defendants the right to their life. This is referred to as the forced confessions
rationale.
a. True
b. False
The twopronged test of privacy to determine whether or not a police action is actually a
search” is referred to as the:
a. Subjective and Objective Privacy tests
b. Moral and Legal Privacy tests
c. Prosecutorial and Defense Privacy tests
d. Habeas Corpus and the Corpus Delicti tests
The right to counsel approach to confessions has never been accepted by a majority of
the U.S. Supreme Court.
a. True
b. False
In _________cases, prosecutors agree to drop the case before formal judicial
proceedings begin, on the condition that suspects participate in and complete a
program.
a. diversion
b. validated
c. discretion-laden
d. selective
Courts explain the rationale for the case decision in the:
a. judgment.
b. opinion.
c. decision.
d. facts.
Pro bonocounsel is:
a. an attorney admitted to practice before the Supreme Court.
b. a lawyer who represents someone in court without a fee.
c. court appointed counsel for those who cannot hire their own attorney.
d. another term for retained counsel.
In which of the following situations DOES there exist an expectation of privacy?
a. Standing on the street and looking into the living room through open curtains.
b. Climbing over a backyard fence.
c. Observing someone carrying a briefcase.
d. Overhearing a conversation on the street.
In which document did the U.S. Congress gave the President the authority “to use all
necessary force against those nations, organizations, or persons he determines planned,
authorized, committed, or aided the terrorist attacks” on 9/11/2001?
a. The Terrorist Surveillance Program
b. The Authorization for Use of Military Force
c. The Military Order of November 13, 2001
d. The Presidential Proclamation
According to the Supreme Court opinion in Manson v. Braithwaite (1977), involving
identifying a man from a single photograph whom the identifier had seen only once in
poor light for several minutes:
a. such evidence must always be excluded if it is suggestive.
b. reliability is the linchpin in determining the admissibility of identification testimony.
c. photographic identification procedures are perseunconstitutional.
d. no identification based on a single photograph is ever reliable.
Which of the following is NOT a source of criminal procedural law?
a. State court opinions
b. Model Code of Pre-Arraignment Procedure
c. Administrative agency regulations
d. State rules of criminal procedure
Whether Fourth Amendment seizures are stops or arrests depends on:
a. duration, invasiveness, location, the officer’s subjective intent.
b. duration, invasiveness, and location.
c. duration and invasiveness.
d. invasiveness and the officer’s subjective intent.
According to the Supreme Court in Anderson v. Creighton, involving a lawsuit for
damages stemming from the FBI’s warrantless search of a house, police officers are
entitled to qualified immunity for their illegal acts:
a. never.
b. when they acted in subjective good faith.
c. when they can establish that a reasonable officer could have believed that the search
did not violate the Fourth Amendment, even though it actually did.
d. even if they violate a clearly established right.
Most searches take place pursuant to warrants.
a. True
b. False
The reliability of lineups depends in part on making sure there are enough people in
them and that the people in the lineups share similar characteristics.
a. True
b. False