A valid plea cannot be assumed from a silent record.
a. True
b. False
The Supreme Court has ruled that which test or standard applies to evaluating the
meaning of interrogation under the Fifth Amendment right guarantee against
compelling individuals to be witnesses against themselves?
a. Did the police deliberately tried to elicit a response
b. Did the police directly asked the suspect a question
c. Did the police use words or actions that that they knew would be likely to elicit a
response from the suspect
d. Did the police use force while questioning the suspect
According to the Supreme Court opinion in Tennessee v. Garner, involving the use of
deadly force to apprehend a fleeing burglary suspect, deadly force:
a. is not a Fourth Amendment seizure.
b. to prevent the escape of all felony suspects is constitutionally reasonable.
c. is a Fourth Amendment seizure
d. can never be used for a property crime.
How an appellate court disposes of a case is called its opinion.
a. True
b. False
Explain the rights that defendants waive when they enter a guilty plea and what
protection does a defendant have when making a guilty plea.
Which court case ruled that the U.S. Sentencing Guidelines are advisorybut that they
enjoy the presumption of reasonableness?
a. U.S. v. Booker
b. Rita v. U.S.
c. Apprendi v. New Jersey
d. Gall v. U.S.
The rights of jailed defendants awaiting trial are not watered down by their status of
being in jail.
a. True
b. False
The 1961 case that reversed Wolf v Coloradoand made the states follow the
exclusionary rule was:
a. Terry v Ohio
b. Mapp v Ohio
c. Mapp v Weeks
d. Miranda v. Arizona
A _______opinion is NOT a type of opinion that can be issued by an appellate court,
whether federal or state.
a. concurring
b. majority
c. plurality
d. judgment
It is agreed among scientists that DNA technology can:
a. distinguish between any two individuals, other than identical twins.
b. distinguish between general types of individuals.
c. distinguish within 35-40% accuracy between two individuals.
d. accurately identify the blood types of individuals.
In building probable cause, police officers may rely on what they:
a. see and hear only.
b. see, hear, and smell only.
c. see, hear, and taste only.
d. see, hear, smell, and taste.
The special need justifying routine border searches is the right to control who and what
comes in and leaves the country.
a. True
b. False
The Supreme Court ruled in Vernonia v. School District of Acton (1995):
a. drug testing of students participating in athletic programs violates the Fourth
Amendment.
b. drug testing of student athletes must be consensual in order to comply with the
Fourth Amendment.
c. random, suspicionless drug testing of student athletes does not violate the Fourth
Amendment.
d. the Fourth Amendment does not apply to drug testing of students.
In order to meet constitutional standards, an inventory search must:
a. be conducted only at police impound lots.
b. be done pursuant to written, established, police department procedures.
c. leave no room for police officer discretion in the search.
d. involve only a “plain view” search of the interior and exterior of the item being
searched.
The Mirandadecision required police to warn suspects whenever they arrest them.
a. True
b. False
When the defense agrees to not contest evidence introduced by the prosecutor, it is
called a(n):
a. formal agreement.
b. judgment.
c. presentation of evidence.
d. stipulation.
Full custodial arrest is not the most invasive type of arrest.
a. True
b. False
Crime control in a constitutional democracy depends on the balance between searching
for the correct result in criminal cases and the commitment to use fair procedures in
pursuing criminals.
a. True
b. False
The Supreme Court has adopted which of the following readings of the Fourth
Amendment regarding stops and frisks? The Fourth Amendment:
a. protects only full arrests and searches.
b. equates stops and arrests.
c. equates frisks and searches.
d. requires a lesser quantum of proof or suspicion for stop than for arrest.
Which of the following is NOT one of the five factors in the “totality of circumstances”
that should weigh heavily in determining whether the lineup or show-up procedure
created a likelihood of misidentification?
a. Witness level of certainty when identifying the suspects during the ID procedure.
b. Witness degree of attention at the time of the crime.
c. Witness age at the time of the crime.
d. Witness opportunity to observe.
Which constitutional amendment does NOT guarantee defendants the right to a public
trial?
a. Fifth Amendment
b. Sixth Amendment
c. Eighth Amendment
d. Fourteenth Amendment
Historically, before the second half of the Twentieth Century, U.S. prisoners:
a. had almost no rights under the Constitution.
b. have always been fully protected by the Constitution.
c. have been protected by the Constitution if they plead guilty.
d. have been protected by the Fourth Amendment in the privacy of their cells.
According to the text, a vast majority of citizens never go further than which of the
following legs of the criminal procedure road map?
a. Public places
b. Police stations
c. Prosecutor’s offices
d. Trial courts
Victims and witnesses are the source of most hearsay information the police obtain.
a. True
b. False
The probable cause needed to detain and the probable cause needed to go to trial require
the same amount of proof.
a. True
b. False
In Palko v. Connecticut (1937), what procedural issue is referenced by Justice Cardozo
in his opinion concerning the applicability of the Bill of Rights to the states?
a. Excessive bail
b. Double jeopardy
c. Fundamental fairness
d. Ineffective counsel
The Crime Control and Safe Streets Act placed an absolute ban on the interception of
all wire, oral, or electronic communications while there taking place.
a. True
b. False
In which case did the court rule that a person’s right to privacy outweighed their
location? That is, the person’s expectation of privacy as opposed to the place that would
have an expectation of privacy?
a. Tennessee v Garner
b. Mapp v Ohio
c. Katz v U.S.
d. Miranda v Arizona
Which case addressed the issue of whether “pretrial” conditions before convictions
constituted “punishment”?
a. Bell v Wolfish
b. U.S. v Leon
c. Terry v Ohio
d. Mapp v Ohio
A proceeding to review the constitutionality of detention or imprisonment is referred to
as stare decisis.
a. True
b. False