In Berkemer v. McCarty, the case involving whether Mirandawarnings must be given to
stopped motorists, the Court:
a. recognized a misdemeanor offense exception to Miranda.
b. said all motorists must be Mirandizedwhen stopped.
c. said a motorist never has to be given Miranda.
d. said a routine traffic stop was not custody for purposes of Miranda.
According to the moral seriousness standard, the Sixth Amendment right to a jury trial
extends to crimes that:
a. are petty and can be punished by more than six months imprisonment
b. are considered serious felonies with long imprisonment terms
c. can be punished by less than six months imprisonment but that courts have
determined have a certain “moral quality” that requires a jury trial
d. involve sexual assault
The jurisdiction of military commissions applies only to noncitizens.
a. True
b. False
The vast majority of arrests are made:
a. with deadly force.
b. without the use of any force.
c. with the use of nondeadly force.
d. with the use of unreasonable force.
According to the Supreme Court, identification evidence is automatically inadmissible
if the identification procedure was unnecessarily suggestive.
a. True
b. False
The procedural history of the case refers to the:
a. informal procedural steps the case has taken.
b. indictment phase of the case.
c. formal procedural steps the case has taken.
d. appeals portion of the case.
The constitutional basis for the law of confessions includes:
a. the due process clause of the Fourteenth Amendment and the Eighth Amendment
right against cruel and unusual punishment.
b. the Eighth Amendment right against cruel and unusual punishment.
c. the due process clause of the Fourteenth Amendment, the Sixth Amendment right-to
counsel, and the Fifth Amendment right against self incrimination.
d. only the Fifth Amendment right against self incrimination.
The government and its officers have a constitutional duty to protect individuals from
other private individuals who violate their rights.
a. True
b. False
The voluntariness test for deciding when a citizen has given lawful consent to search
reflects a balance between the competing concerns of lawful enforcement’s need for
consent searches and citizens’ right to be free from police coercion.
a. True
b. False
The term “parallel rights” refers to:
a. rights guaranteed by a state constitution that are similar to the rights guaranteed by
the U.S. Constitution.
b. rights guaranteed by a state constitution that include rights not guaranteed by the U.S.
Constitution.
c. rights guaranteed by state statute that are similar to the rights included in the state
constitution.
d. state rights that have been replaced by federal rights.
Most of the Bill of Rights’ guarantees have now been made applicable to and binding on
the states through the due process clause of the Fourteenth Amendment.
a. True
b. False
According to the accusatory system rationale:
a. forced confessions are admissible as long as no physical force is used.
b. forced confessions are admissible to impeach testimony or to attack credibility.
c. forced confessions are admissible as long as due process is not violated.
d. forced confessions violate due process even if they are true, since the government has
to prove guilt beyond a reasonable doubt.
The total incorporation doctrine has been accepted by the majority of the Supreme
Court.
a. True
b. False
Research suggests that jurors consistently believe mistaken identification evidence
when faced with witnesses who are confident about their eyewitness identifications.
a. True
b. False
The purpose of a frisk is to protect officers or other people from death or injury.
a. True
b. False
In determining probable cause, police officers must rely solely on direct information.
a. True
b. False
When courts decide cases based on legal precedent, their decisions increase society’s
sense of:
a. discretion.
b. stability, predictability and fairness.
c. stability.
d. predictability.
In the case of Wilson v Arkansas (1995), what did the court decide?
a. The police can never enter a home to execute a warrant without knocking first.
b. Searches of automobiles did not require probable cause because of the “mobility
factor.”
c. Officers can only “pat” someone down, and the pat-down can only be for weapons.
d. The issue of allowing police to enter without knocking was reasonable but the state
courts were remanded to determine reasonableness for the use of a “no-knock” entry.
Which of the following are always protected by absolute immunity from civil lawsuits
while they are performing their official duties?
a. Judges
b. Prosecutors
c. Juries
d. Police officers
_____________bargaining occurs when the prosecutor agrees not to challenge the
defendant’s version of the facts or not to reveal aggravating facts to the judge.
a. Fact
b. Charge
c. Plea
d. Sentence
The exclusionary rule is a vehicle to protect the _______Amendment.
a. First
b. Fourth
c. Eighth
d. Fourteenth
According to the interest in fact-finding and the search for truth, the greater the
deprivation the decision imposes, the greater the factual foundation required to support
it.
a. True
b. False
Besides notification of charges against the accused, what is the other procedural
element that was required to satisfy the definition of a fair trial” under the Fundamental
Fairness Doctrine?
a. Hearing of the facts before sentencing.
b. Presence of effective defense counsel at trial
c. Timely sentencing upon conviction
d. Right to appeal if found guilty
According to the privacy doctrine, the Fourth Amendment protects places, not persons.
a. True
b. False
Criminal procedures are the rules government must follow in enforcing the criminal
law.
a. True
b. False
The Supreme Court has ruled that all jury verdicts in criminal cases must be unanimous
to be constitutional.
a. True
b. False
Reid v. Georgia (1980) ruled that:
a. the drug courier profile by itself cannot amount to reasonable suspicion.
b. illegal alien status is, by itself, enough to amount to reasonable suspicion.
c. travelling from a known drug-trafficking county is, by itself, enough to amount to
reasonable suspicion.
d. as long as the DEA has 7 primary and 4 secondary characteristics as part of its drug
courier profile, that is enough to amount to reasonable suspicion.
In a trial before a military commission created in the wake of 9/11, an accused does not
have the presumption of innocence.
a. True
b. False
The objective basis for stops and frisks is:
a. the same as for arrests.
b. higher than for arrests.
c. lower than for arrests.
d. the same as for full searches of a person.
Although practices vary among jurisdictions, ordinarily an indigent accused is
appointed an attorney:
a. by the police at time of arrest.
b. by a magistrate at the first appearance.
c. by a judge at the preliminary hearing.
d. by a judge at trial.
Police officers at the scene of a fire:
a. Do not need a warrant to remain in a burned building to look for injured victims, do
not need a warrant to remain in a burned building to investigate the cause of the fire or
explosion, must get a warrant to search for evidence of crime once they determine the
cause of the fire, and can search suspicious onlookers without a warrant.
b. Do not need a warrant to remain in a burned building to look for injured victims, do
not need a warrant to remain in a burned building to investigate the cause of the fire or
explosion, but must get a warrant to search for evidence of crime once they determine
the cause of the fire.
c. Can search suspicious onlookers without a warrant.
d. Do not need a warrant to search for evidence of a crime even after the cause of the
fire is determined.
Research shows that jurors:
a. tend to overestimate the accuracy of a witness’s lineup identification.
b. tend to question the accuracy of eye witness identification.
c. understand the problems involved in administering identification procedures.
d. are aware of the research about eyewitness identification.