Criminal Procedure (Minus Cases)

Front 1

The theory of incorporation finally adopted by the Supreme Court was_____ incorporation.

Back 1

Selective

Front 2

The doctrine of _____allows to jurisdictions to try an individual for the same offense without violating double jeopardy

Back 2

dual sovereignty

Front 3

The judicial power of the Federal gov't is created in article _____ of the constitution

Back 3

III

Front 4

What clause of the 14th amendment was the vehicle for incorporation of rights against the states?

Back 4

Due process

Front 5

If a court has a legal authority teach your case, this means that the court has:

Back 5

jurisdiction

Front 6

The ban on cruel and unusual punishment an excessive fines and bail is found in the ___amendment.

Back 6

Eighth

Front 7

The right to speedy, public and a jury trials, and to confront inverse witnesses are found in the _____ amendment.

Back 7

Sixth

Front 8

In easily extensible source of court decisions is the:

Back 8

Internet

Front 9

U.S. District court opinions are published in the

Back 9

Federal Supplement

Front 10

Jurisdiction refers to

Back 10

the power of a court to try a case

Front 11

The protection against double jeopardy is found in the _____amendment.

Back 11

Fifth

Front 12

The concept of venue refers to:

Back 12

the place where the case will be tried

Front 13

The court of last resort in most states for both civil and criminal cases is called the:

Back 13

supreme court

Front 14

Stare decisis is the principle that:

Back 14

in cases should be decided in a fashion consistent with the law established in prior cases

Front 15

The U.S. supreme court has _____ members.

Back 15

Nine

Front 16

The U.S. supreme court hears all its cases:

Back 16

En banc

Front 17

The number of justices that must agree in order for a case to be heard on its merits by the U.S. Supreme Court is:

Back 17

Four

Front 18

Under the rule of law:

Back 18

no person is above the law

Front 19

The judicial review is the power of a court to:

Back 19

void laws are official acts which are inconsistent with the U.S. constitution

Front 20

In a case citation, the name of the parties is called:

Back 20

the case title

Front 21

The number of U.S. supreme court justice votes required when a case in the U.S. supreme court when all nine justices are voting is:

Back 21

five

Front 22

The protection against self incrimination is found in the _____amendment.

Back 22

fifth

Front 23

Defendants are entitled to a lawyer at a plea bargaining under the _____amendment.

Back 23

Sixth

Front 24

The person who decides it imposes senses in most states it is

Back 24

the judge

Front 25

The document that leads to the issuance of an arrest warrant is a:

Back 25

complaint

Front 26

The process by which personal and identifying information is gathered by police from a person who is then arrested is called:

Back 26

booking

Front 27

23 of the 50 states use ______ as the sole source of names for jury duty

Back 27

the voter registration list

Front 28

Most arrest in the us are made ______.

Back 28

Without a warrant

Front 29

A preliminary hearing is usually held for what three main purposes?

Back 29

Determination of probable cause, discovery, decision on "binding over."

Front 30

A grand jury hearing:

Back 30

may result in an indictment of probable cause a shown

Front 31

A ______ occurs when the defendant agrees to plead guilty in return for promises or concessions from the prosecutor

Back 31

plea bargain

Front 32

A question that suggests to the witness the desire to answer is known as a:

Back 32

leading question

Front 33

Rebuttal evidence are arguments by party are designed to:

Back 33

cast doubt on the opposing parties evidence or witnesses

Front 34

A plea of ______ has the same effect as a plea of guilty, except that it cannot be used against the defendant in sub sequence civil action involving the same event.

Back 34

nolo contendere

Front 35

The raid an accusation prepared by prosecutors called a/an:

Back 35

information

Front 36

A venire is a/an:

Back 36

assembled a group of perspective jurors

Front 37

A complaint is a charge made before proper law enforcement or judicial officer alleging:

Back 37

a crime is being committed

Front 38

A writ by which convex challenge their convictions after exhausting all of their appeals is:

Back 38

habeas corpus

Front 39

The dismissal of a juror based on reason specified by the laws known as:

Back 39

challenge for cause

Front 40

Which of the following does not require probable cause?

Back 40

Stop and frisk

Front 41

Which of the following does the court consider what evaluating information given by informants?

Back 41

Both quality and credibility of the information

Front 42

Which amendment is most concerned with probable cause?

Back 42

The fourth

Front 43

When an officer seeks to obtain a warrant from a magistrate, it is important that all the information necessary to establish probable cause can be included in the:

Back 43

affidavit

Front 44

What level of proof is required for an officer to conduct a stop and frisk?

Back 44

A reasonable suspicion

Front 45

An officer can use which of the following to establish probable cause?

Back 45

All of these

Front 46

An initial determination of probable cause by a police officer may be subject to review by the court if the defendant files a:

Back 46

motion to suppress evidence

Front 47

The Federal exclusionary rule may be triggered by violation of which of the following?

Back 47

The fourth amendment

Front 48

The prosecution my show beyond a reasonable doubt that the evidence erroneously admitted did not contribute to the conviction in order to prove:

Back 48

harmless error

Front 49

The silver platter doctrine:

Back 49

has been overruled by the Supreme Court

Front 50

In order for person to invoke the exclusionary rule, they must have:

Back 50

standing

Front 51

The exclusionary rule provides evidence obtained by the gov't officials in violation of the fourth amendment ban on unreasonable searches and seizures is not admissible in:

Back 51

a criminal proceeding as evidence of guilt

Front 52

The purpose of the exclusionary rule is to:

Back 52

deter police misconduct

Front 53

Historically, the exclusionary rule

Back 53

originated in the U.S.

Front 54

If the police make an honest and reasonable a error or mistake which violates the fourth amendment, the evidence may still be admissible under application of the ______ exception.

Back 54

Good faith

Front 55

Which exception applies when the prosecution can show that police would later I found the evidence in question anyway using lawful means?

Back 55

Inevitable discovery

Front 56

Which of the following is an argument in favor of the exclusionary rule?

Back 56

It deters police misconduct

Front 57

Which the following is an argument against exclusionary rule?

Back 57

It make society pay for an officer's mistakes

Front 58

If the motion to exclude evidence fails during appeal, a defendant may still invoke the exclusionary rule through a:

Back 58

habeas corpus proceeding

Front 59

The primary purpose of the exclusionary rule is two deter misconduct by:

Back 59

police

Front 60

If risk as a pad down of the outer clothing to find:

Back 60

weapons

Front 61

For stop and frisk to be valid, there must be reasonable suspicion:

Back 61

to stop

Front 62

The fourth amendment forbids:

Back 62

unreasonable searches and seizures

Front 63

The supreme court held that unprovoked flight upon observing the police may constitute a reasonable suspicion sufficient to justify a/an:

Back 63

stop

Front 64

Reasonable suspicion can be based on a tip from informer only if that the tip:

Back 64

carries some indicia of reliability

Front 65

stopping a person based on ethnic identity is called:

Back 65

racial profiling

Front 66

Although the court is not directly addressed this issue, it is safe to say that which of the following is unconstitutional?

Back 66

Stopping a motorist based on race alone

Front 67

A stop becomes an arrest when it is:

Back 67

longer than necessary

Front 68

A _____ must be limited initially to a pat down of a person's outer clothing:

Back 68

frisk

Front 69

An officer may seize an item during a frisky if it is immediately apparent that the item is:

Back 69

a weapon or contraband

Front 70

_____ is defined as the taking of a person and a custody against his or her well for the purpose of criminal prosecution or interrogation?

Back 70

Arrest

Front 71

Which of the following is not one of the elements of arrest?

Back 71

Perception of the officer

Front 72

What are two types of seizure?

Back 72

Actual and constructive

Front 73

What must a police officer present to a magistrate to obtain an arrest warrant?

Back 73

a complaint

Front 74

An arrest warrant which has a detailed description of the suspect that does not have the suspects name is known as a/an ______ warrant.

Back 74

John Doe

Front 75

In general, before serving or executing an arrest or search warrant at a residence, the officer must:

Back 75

knock and announce our identity and purpose

Front 76

Taking a person into custody by the use of firearms is a type of:

Back 76

actual seizure

Front 77

Which of the following is a court order or a writ which commands that police officer take a person into custody?

Back 77

Capias

Front 78

In most states, warrants are issued by:

Back 78

judges

Front 79

A writ from a court ordering a person to appear in court in a specific time is known as a:

Back 79

citation

Front 80

Searches and seizures of things are governed by:

Back 80

the fourth amendment

Front 81

Which of the following is not a recognized exception of the search warrant requirement?

Back 81

Crime scene

Front 82

The common factor in all special needs searches is that they:

Back 82

are not initiated by police

Front 83

Which of the following is not a special needs search?

Back 83

Exigent circumstances

Front 84

The term contraband generally means:

Back 84

items which are illegal for anyone to possess

Front 85

One way in which search warrants are different from arrest warrants is that search warrants:

Back 85

can expire

Front 86

Under the fourth amendment, a search is a/an:

Back 86

intrusion into an area where a person has a reasonable expectation of privacy

Front 87

Under the fourth amendment, a seizure is:

Back 87

a meaningful interference with the possessory interest in property

Front 88

Which of the following is mere evidence?

Back 88

Bloodstained clothing and shoes

Front 89

Which of the following may be searched after a valid arrest?

Back 89

Both their body and the immediate area

Front 90

A search warrant is issued by magistrate on the basis of a _____ signed in prepared by a police officer.

Back 90

Sworn affidavit

Front 91

A police officer who wanted to obtain a warrant immediate lead to search a location, on the expectation that contraband will arrive there later, would seek a/an _____ search warrant.

Back 91

Anticipatory

Front 92

Which of the following is not an exception to the warrant requirement?

Back 92

Search of a home

Front 93

Searches and seizures by private citizens acting solely on their own:

Back 93

are not covered by the fourth amendment

Front 94

Under the exception for search incident to a lawful arrest, officers may search:

Back 94

the area in which the suspect could reach to obtain a weapon or to destroy evidence

Front 95

Warrantless searches with consent are valid, but the consent must be witch of the following

Back 95

voluntary

Front 96

The exception for exigent circumstances applies when there's some kind of emergency situation that makes _____ dangers, useless, or unnecessary.

Back 96

Obtaining a search warrant

Front 97

Which of the following groups have undiminished constitutional rights?

Back 97

College students

Front 98

Airport searches require which of the following?

Back 98

None of the above

Front 99

The contents of an affidavit must be sufficient to allow an independent evaluation of probable cause by a

Back 99

magistrate

Front 100

The U.S. supreme court held that the only requirement for public high school officials need for a valid search of students is

Back 100

reasonable grounds

Front 101

In searches and seizures without a warrant, who has the burden of proof regarding probable cause?

Back 101

The police

Front 102

A custodial search may be deemed incident to arrest even when carried out later than the time of arrest, if:

Back 102

there was a valid reason for the delay

Front 103

In 2005, the U.S. supreme court held that a dog sniffed conducted during a lawful traffic stop that reveals no information other than the location of an illegal substance that no individual has any right to possess does not violate the:

Back 103

fourth amendment

Front 104

Under the fourth amendment, which of the following is not a valid purpose for setting up a roadblock?

Back 104

Drug detection

Front 105

A stop by a police officer for no reason or without any justification is:

Back 105

illegal

Front 106

In pretext stops, the test for a validity concerns:

Back 106

whether ordinarily the police officers could have made the stop

Front 107

The vehicle stopped is a fourth amendment:

Back 107

the seizure of persons and property

Front 108

The minimum requirement for a vehicle stopped, with regard to particular vehicle or driver is:

Back 108

reasonable suspicion

Front 109

The minimum requirement for an officer to arrest the passengers of a car along with the driver is:

Back 109

probable cause

Front 110

The two requirements for the vehicle or automobile exception to the one requirement are:

Back 110

probable cause in the vehicle be mobile

Front 111

An officer makes a valid traffic stop and issues a valid ticket for the traffic violation. Officer has no additional information of criminal activity, and without permission from the driver, the officer searches the vehicle. And the fourth amendment, this search is:

Back 111

invalid because there is neither probable cause nor consent

Front 112

In general, the justification for a vehicle stop is:

Back 112

reasonable suspicion

Front 113

_____ searches of vehicles are valid that most followed departmental rules.

Back 113

Inventory

Front 114

Police may not see is abandoned property if

Back 114

illegal police activity caused the abandonment

Front 115

The _____ doctrine states that items that are within the site of an officer who was lawfully in the place from which the view is made me properly be seized without a warrant--as long as such items are immediately recognized as being subject to seizure.

Back 115

Plain view

Front 116

Under the _____ doctrine, open areas outside of the curtilage are not protected by the fourth amendment.

Back 116

Open fields

Front 117

An officer's activity and looking at an item from a place where the officer has a right to be is covered under the

Back 117

plain view doctrine

Front 118

In which of the following situations where plain view not apply?

Back 118

An officer has secretly entered the suspects home

Front 119

Yards, garages, fenced areas, Barnes, and outbuildings are usually deemed to be part of

Back 119

the curtilage

Front 120

Under the plain view doctrine an officer must have gained awareness of the item solely by

Back 120

sight

Front 121

In 1998, the Federal gov't opened a national _____ database.

Back 121

DNA

Front 122

Due process and align it means that the line it must not be

Back 122

both a and B are correct (unfair; impermissibly suggestive)

Front 123

The suspect is not entitled to Miranda warnings before being put into a lineup because

Back 123

there's no interrogation a testimonial evidence from the suspect

Front 124

Due process requires that identification procedures be basically

Back 124

totally non suggestive

Front 125

Which of the following identification procedures is generally the most likely to be suggestive?

Back 125

Show up

Front 126

Miranda warnings must be give in to any suspect in police custody who is

Back 126

questioned by police

Front 127

The due process requirement for fairness is violated if identification procedures are

Back 127

impermissibly sugestive

Front 128

The privilege against self incrimination does not apply to identification procedures, because that privilege applies only to _____ evidence

Back 128

real or physical

Front 129

Which of the following types of evidence has a strong to scientific foundation?

Back 129

DNA testing

Front 130

The role of the suspects Atty. in the lineup is to

Back 130

tried to ensure the line us is fair

Front 131

According to the Wade-Gilbert rule, if the suspect cannot afford a lawyer,

Back 131

the state must appoint one

Front 132

The process of brain fingerprinting involves assessing a suspects response

Back 132

to stimuli in the form of words and pictures presented on a computer monitor

Front 133

The rule that a defendant is not entitled to the presence and advice of a lawyer during the lineup for other face to face confrontation because he's not been formally charged with an offence is known as the

Back 133

Wade-Gilbert rule

Front 134

Which of the following procedures is not admissible in court

Back 134

polygraph test results

Front 135

What standard is required for the gov't to demonstrate that an admission of a confession is harmless error?

Back 135

Beyond a reasonable doubt if the

Front 136

In an interrogation situation, a suspect may have two different sources of our right to counsel, Miranda and the _____ amendment

Back 136

fifth

Front 137

Just for the statements taken in violation of Miranda May be used

Back 137

to impeach the credibility of a defendant who testifies

Front 138

Under the Edwards rule, even if a suspect has invoked their right to an Atty. under Miranda, the police may RE interrogate the suspect if

Back 138

the suspect initiates contact with the police

Front 139

The former Ada, the courts decided on the admissibility of confessions in admissions on a case by case basis, based on

Back 139

the public safety exception

Front 140

Miranda warnings are required in place custodial interrogations because of concerns about

Back 140

fifth amendment privilege against self incrimination

Front 141

Miranda warnings must be given any suspect who is

Back 141

in police custody and interrogated by the police

Front 142

To be valid, a Miranda waiver must be

Back 142

intelligent and to knowing

Front 143

For Miranda purposes, in custody usually means the person is under arrest or

Back 143

deprived of freedom in a significant way

Front 144

Murray and in the privilege against self incrimination do not apply to identification procedures because the warnings and privilege apply only to

Back 144

physical evidence

Front 145

The Miranda warnings must be given one a suspect is interrogated for which of the following offenses?

Back 145

Felony and misdemeanor

Front 146

Which of the following is not a valid technique for controlling pre judicial publicity in a criminal case?

Back 146

Closing the trial to the public and media

Front 147

Under the sixth amendment, in state criminal cases, the minimum number of jurors required is

Back 147

six

Front 148

Which of the following guilty verdict jury votes has been upheld by the U.S. Supreme Court?

Back 148

Seven of 12

Front 149

The statute that prohibits prosecution for crime if the person is not prosecuted within a certain amount of time is called a statute of

Back 149

limitation

Front 150

A change of venue, sequestering of the jury, constituents, gag rules and controls on the media are all mechanisms which, under certain circumstances, judges may use to

Back 150

control prejuducual publicity

Front 151

Immunity from prosecution, were the witnesses assured only that his or her testimony and evidence derived from it will not be used against him or her in a subsequent prosecution is called:

Back 151

use and derivative use immunity

Front 152

Which of the following is not one of the three main methods that governments use to provide attorneys for indigent criminal defendants?

Back 152

Retained counsel

Front 153

At trial, the defendant testifies in his or her own behalf. Under the fifth amendment, the defendant

Back 153

can be cross examined by the prosecution and ask incriminating questions only if granted immunity

Front 154

From the defendant's perspective, the best kind of immunity to have is _____

Back 154

transactional immunity

Front 155

If a prosecutor a defense Atty. used peremptory challenges to remove potential jurors solely on the basis of that potential jurors race or gender, it would be a violation of

Back 155

the equal protection clause

Front 156

A defendant has sixth amendment right to an Atty.

Back 156

At preliminary hearings

Front 157

The test for whether an error by a trial counsel constitutes ineffective assistance of counsel is whether

Back 157

the defendant could've gotten a better deal by plea bargaining

Front 158

The defendant in a criminal cases the right not to take the stand and not testify. This is known as

Back 158

the privilege of the accused

Front 159

Immunity that provides the witness can no longer be prosecuted for any offense whatsoever arising out of that actor transactions called

Back 159

transactional immunity

Front 160

The amendment that guarantees the right to trial by jury of peers is the

Back 160

sixth amendment

Front 161

The right to a fair and impartial trial comes from what amendment to the constitution?

Back 161

Both the fifth and 14th

Front 162

A defense lawyers loyalty is to _____, not to society

Back 162

the client

Front 163

Before nick use can be permitted to waive council and represent himself or herself, which of the following constitutional requirements must be met?

Back 163

All of these (Awareness, express waiver, competency)

Front 164

Sentences are imposed by

Back 164

judges or juries

Front 165

Sentencing goals and objectives generally fall into four categories. Which of the following is not one of those categories?

Back 165

Vengeance

Front 166

Giving sentencing authorities discretion reflects the philosophy of the:

Back 166

positive school of criminology

Front 167

Different sentencing given for similar crimes is known as

Back 167

sentencing disparity

Front 168

Cruel and unusual punishment is prohibited by the eighth amendment to the U.S. constitution, but is a generally plan which of the following

Back 168

sentences

Front 169

Which the following is not one of the five general categories of criminal senses

Back 169

fine, torture, and restitution

Front 170

Jails are places of confinement usually reserved for which of the following?

Back 170

Detainees

Front 171

Prisoners' the United States used the viewed as virtual

Back 171

slaves of the state

Front 172

Which of the following reasons were used to justify the hands off policy towards prisoners?

Back 172

All of the above

Front 173

The release of a prisoner prior to the end of his or her prison term but subject to supervision is known as

Back 173

parole

Front 174

A convicted offender is allowed to remain free in the community subject to court impose conditions and under supervision is on

Back 174

probation

Front 175

Which of the following is a type of probation?

Back 175

Both shock and intensive

Front 176

Which of the following is not a common condition of probation

Back 176

report to the court monthly

Front 177

In addition a hearing on a probation revocation, probationers are given such basic rights as

Back 177

all of these

Front 178

The right to a lawyer during revocation proceedings is

Back 178

decided on a case by case basis

Front 179

A fine is defined as

Back 179

in monetary punishment imposed by a lawful tribunal upon a person convicted of crime

Front 180

In monetary penalty is defined as

Back 180

a sum of money exacted for the doing or failure to perform some act

Front 181

Sentencing is the formal pronouncement of punishment in a criminal prosecution following:

Back 181

conviction

Front 182

Property is taken from a person as a result of committing a crime has been

Back 182

forfeited

Front 183

Returning a person to his or her original situation prior to a loss or injury is

Back 183

restitution

Front 184

As of 2012, how many states had death penalty laws?

Back 184

33

Front 185

Which of the following sentence is constitutes cruel and unusual punishment?

Back 185

A grossly disproportionate sentence

Front 186

Vague and broad criminal laws can be challenged as unconstitutional because

Back 186

they fail to properly inform a potential offender of the prohibited conduct and are therefore unfair

Front 187

Removing or remediating presumed causes of crime by providing economic, psychological, are socialization assistance to do offenders to reduce the likelihood of continuing crime is the goal and objective of sentencing known as

Back 187

rehabilitation

Front 188

Punishing offenders to express societal disapproval of criminal behavior without specific regard to prevention of crime by the offender or among the general public has a goal and objective of sensing known as

Back 188

retribution

Front 189

Separating offenders from the community to reduce opportunity for further commission of crime is the goal and objective of sensing known as

Back 189

incapacitation that

Front 190

Sanctioning convicted offender cert is crime by making the public in the offender aware of the certainty and severity of punishment for criminal behavior is the goal and objective of sensing known as

Back 190

deterrence

Front 191

Rules that set out a uniform sentencing policy for convicted defendants are called

Back 191

sentencing guidelines

Front 192

The doctrine that holds the gov't functions are owed to the general public that not to specific individuals is the

Back 192

public duty doctrine

Front 193

Which defense, in section 1983 cases, holds that an offer is not civilly liable unless here she violated a clearly establish statutory and constitutional right of which a reason all person would known

Back 193

the qualified immunity defense

Front 194

The use of power possessed by virtue of law and made possible only because officers clothed with the authority of the state is known as

Back 194

Acting under color of law

Front 195

Title 42 of the U.S. code, section 1980 three's commonly referred to as

Back 195

the civil rights law

Front 196

The main difference between assault and battery is that

Back 196

the assault as generally menacing conduct that results in a person's fear of imminently

Front 197

To obtain money damages from a police officer under section 1983, the plaintiff must prove the officer was acting under color of the law and that the officer

Back 197

violated a constitutional right or one given by Federal law

Front 198

A tort is

Back 198

a civil wrong in which the action of one person causes injury to the person or property of another person in violation of the duty imposed by law

Front 199

The breach of a common law or statutory duty to act to reasonably to those who may foreseeable be harmed by once conduct is known as a/an

Back 199

negligence tort

Front 200

False arrest, false imprisonment, assault, and battery are examples of

Back 200

intentional torts

Front 201

Which of the following is not one of the threesome categories of legal liabilities under Federal and state laws?

Back 201

Public

Front 202

Which of the following is not a requirement to establish the official immunity defense in state court actions?

Back 202

Special relationship

Front 203

One exception to the public duty doctrine occurs when there is

Back 203

a special relationship

Front 204

Two categories of types of force used by police officers are

Back 204

not deadly and deadly

Front 205

A section 1983 cases filed under

Back 205

Federal law

Front 206

Most state agencies, by law or official policy, provide representation to the state law enforcement officers in civil actions. Such a representation is usually undertaken by

Back 206

the state Atty. general

Front 207

Assault is

Back 207

both the apprehension of offensive conduct and the threat to inflict bodily harm

Front 208

Battery is

Back 208

the intentional infliction of harmful offensive body contact

Front 209

The main purpose of the exclusionary rule is

Back 209

deter police misconduct

Front 210

The term police supervisors includes

Back 210

all of these (Sergeants, captains, sheriffs)

Front 211

Which defense, and section 1983 cases, holds that the officer acted in the honest belief that the action taken or the decision was appropriate under the circumstances?

Back 211

The good faith defense