Courts and Criminal Justice
Midterm Exam
Course Introduction
This course explores the role of courts within the broader criminal justice system, examining the structure and function of federal and state courts, the roles of judges, prosecutors, defense attorneys, and other court personnel, as well as the processes from arrest to sentencing. Students will analyze how courts ensure due process, interpret laws, and balance the interests of the state and defendants. Key topics include the adjudication process, plea bargaining, the impact of legal precedents, and contemporary challenges such as case backlog and judicial discretion. The course also considers the courts' interactions with law enforcement, corrections, and the affected communities.
Recommended Textbook
Criminal Evidence 8th Edition by Judy Hails
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925 Verified Questions
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Chapter 1: Introduction
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Q1) Rulings in opinions from a state's highest court are automatically used to update state statutes so that the codes people purchase are up-to-date.
A)True
B)False
Answer: False
Q2) The prosecution has learned that there was a computer error at the bank and Connie did in fact have enough money in her account to cover the check.
A)The prosecutor should ask the court to dismiss the charges.
B)The prosecutor should proceed with the case as long as the police had objective facts to establish probable cause at the time of the arrest.
C)The prosecutor should offer the defense a plea bargain with a reduced sentence. D)The prosecutor should proceed with the case if the bank insists on it.
Answer: A
Q3) Hearsay was not admissible in criminal trials prior to the American Civil War.
A)True
B)False
Answer: False
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Chapter 2: The Role of the Courts
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Sample Questions
Q1) The reporter's transcript is a verbatim record of what was said at the trial court.
A)True
B)False
Answer: True
Q2) A Petition for Writ of Habeas Corpus should be filed:
A)with the court in jurisdiction where conviction was entered.
B)with the court in jurisdiction where person is currently confined.
C)with the appellate court in state where conviction was entered.
D)with the U.S.Supreme Court.
Answer: B
Q3) Geographical jurisdiction of a court in a criminal case is based on the location where the crime was committed.
A)True
B)False
Answer: True
Q4) The sole authority of the U.S.Supreme Court is to rule on constitutional issues.
A)True
B)False
Answer: False
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Chapter 3: The Adjudication Process
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Sample Questions
Q1) The defendant has a Sixth Amendment right to a trial before 12 jurors.
A)True
B)False
Answer: False
Q2) Anthony told Mark that Sandy would be impeached if she took the witness stand.Why would Anthony say this
A)Sandy may be biased because she is the defendant's sister
B)Sandy is a federal judge
C)Sandy is a minor
D)Sandy has never testified at a trial before Answer: A
Q3) Bail will be denied if the judge rules that the defendant should be "held to answer" at the end of the preliminary hearing.
A)True
B)False
Answer: False
Q4) If a jury is unable to "reach a verdict," it is referred to as a "hung jury."
A)True
B)False
Answer: True
Page 5
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Chapter 4: Types of Evidence
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Sample Questions
Q1) Something is "at issue" in a trial if it relates to:
A)any disputed element of a crime that is charged.
B)any act of the defendant after the allege crime occurred.
C)any other crime committed by the defendant.
D)any prior conviction of the defendant .
Q2) The Federal Rules of Evidence mandate that a judge take judicial notice of:
A)facts that can be readily determined from a source whose accuracy is beyond dispute.
B)any fact that both sides request that the judge take notice of.
C)facts that have been established by the testimony of two or more witnesses.
D)all of these
Q3) What would be considered testimonial evidence
A)All of these would be testimonial evidence.
B)Larry's statement made during a telephone call to Devin.
C)Julie's notes in the children's medical records.
D)Isabel's statements made at the civil court hearing.
Q4) A judge takes judicial notice only if an attorney has requested it.
A)True
B)False
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Chapter 5: Direct and Circumstantial Evidence
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Sample Questions
Q1) The jurors may consider the demeanor of a witness when assessing his/her credibility.
A)True
B)False
Q2) Which of the following can be used as circumstantial evidence of guilt
A)Carl filed a false police report about Donna's abduction.
B)Carl was an experienced cement mason.
C)Carl had an affair with Eve.
D)Donna's body was found under a cement patio floor.
Q3) The prosecution may introduce evidence to establish modus operandi:
A)whenever the defendant has a prior conviction for the same type of crime.
B)anytime the defense has introduced evidence to show that the defendant lacks the mental capacity to commit the crime.
C)only if the defendant has taken the stand and denied committing the crime.
D)only if the defendant previously committed crimes that were substantially similar to the current offense.
Q4) Facts are admissible to establish guilt but motive is not.
A)True
B)False
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Chapter 6: Witnesses
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Q1) What will happen if the judge holds a voir dire hearing prior to deciding if Dr.Nora is qualified to testify
A)Prosecution and defense will ask Dr.Nora questions so the judge can evaluate whether she is qualified to testify as an expert in this case.
B)Judge will read all of the reports she wrote for the prosecution and/or the defense to make sure she is not biased.
C)The judge will attempt to impeach Dr.Nora.
D)All of these will happen at the voir dire hearing.
Q2) A person testifying as a ballistic expert can testify that:
A)pattern of lands and groves indicates the bullet was fired from the defendant's gun.
B)tests indicate the defendant fired the bullet that killed the victim.
C)the ownership of the gun that was tested.
D)a ballistic expert would be allowed to testify to all of these
Q3) Rehabilitation occurs at trial only if the witness was impeached.
A)True
B)False
Q4) Explain two ways to introduce testimony if the witness claims to have no memory of the incident.
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Page 8
Chapter 7: Crime Scene Evidence and Experiments
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Q1) Familial DNA testing is used to establish paternity but is not admissible in criminal court.
A)True
B)False
Q2) Examination of a recovered bullet produces useful information only if the gun from which it was fired has been recovered.
A)True
B)False
Q3) When deciding which items to collect at the crime scene, an officer should consider:
A) space in evidence locker is limited, so only most important items should be retained. B) it is much better to have many items in the evidence locker that are not used than to discover that something that is needed was not kept.
C) biological evidence should be photographed but not retained because it will degrade and contaminate the evidence locker.
D) All of the these factors should be considered when decided what evidence to collect.
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9
Chapter 8: Documentary Evidence, Models, Maps, and Diagrams
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Sample Questions
Q1) Explain how the Business Records Exception to the Hearsay Rule..
Q2) The prosecution obtained digital personnel records from the computer in the accounting office of Hal's company.Can these records be introduced at trial in federal court
A)Prosecution must call forensics computer examiner who witnessed the records being printed out.
B)Federal Rules of Evidence allow a printout to be introduced as an original document.
C)Prosecution must call someone from Information Technology at Hal's company to testify about the software used to create the files.
D)Prosecution must do all of these in order to have the records admitted in federal court.
Q3) Explain the terms primary evidence and secondary evidence as they relate to introducing documents at trial.Give an example of each.
Q4) The "original" is the document itself and any copies the person making the document intended to have the same effect as the original.
A)True
B)False
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Page 10
Chapter 9: Hearsay and Its Exceptions
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Q1) Statements made by crime victims are admissible at trial only if they are considered testimonial.
A)True
B)False
Q2) Which is more important under the Dying Declaration Exception to the Hearsay Rule
A)Doctor's prognosis that death is near
B)Injured person's subject belief death is near
C)Injured person's objective belief that death is near
D)All of these receive equal weight when evaluating if the Dying Declaration Exception can be used at trial
Q3) Statements admitted under the Mental and Physical State Exception to the Hearsay Rule can be used to:
A)Establish a motive for committing the crime
B)Establish that a person's memory is not impaired
C)Prove the person is not paranoid by showing that prior events actually occurred
D)Statements about all of the these can be admitted under the Mental and Physical State Exception to the Hearsay Rule
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Chapter 10: Privileged Communications
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Sample Questions
Q1) Some states refuse to allow the privilege for confidential communications between husband and wife to be invoked during a trial that is held after the marriage has ended.
A)True
B)False
Q2) Can Pete successful prevent Robin from testifying about a conversation they had before their divorce in which he said he wanted to join North American Man/Boy Love Association (NAMBLA)
A)Yes, if the statement was made in a confidential setting.
B)Yes, all conversations between husband and wife are privileged.
C)No, they are no longer married.
D)No, he did not belong to NAMBLA at the time.
Q3) The privilege for confidential communications between husband and wife cannot be invoked if the husband is charged with:
A)domestic violence against his wife
B)child abuse against his step-children
C)bigamy
D)all of these
Q4) What other evidentiary issues must be considered in conjunction with privileges
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Page 12
Chapter 11: Developing Law of Search and Seizure
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Sample Questions
Q1) The affidavit for a search warrant is a document completed under oath stating facts to establish probable cause.
A)True
B)False
Q2) Did Officer Allen conduct a search when he went to the store and looked at items in the display case
A)Yes, he was there searching for evidence that Brian sold stolen jewelry.
B)Yes, Brian's store was private property.
C)No, he did not invade Brian privacy by looking at items on display for the public to view.
D)No, he did not remove anything from the display case.
Q3) The "strict scrutiny" test is used to determine if an affidavit contains sufficient facts to establish probable cause.
A)True
B)False
Q4) Officers may conduct a protective sweep when executing a search warrant only if they have prior authorization from a judge.
A)True
B)False
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Chapter 12: Field Interviews, Arrests, and Jail Searches
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Q1) An arrest warrant is needed to enter the suspect's home to arrest him/her except in emergency situations.
A)True
B)False
Q2) Inmates in prisons have no privacy interest in the personal possessions they keep in their cells.
A)True
B)False
Q3) Explain the Fourth Amendment standard for the use of force.
Q4) If police officers shoot at non-violent fleeing suspects, they are violating the Fourth Amendment.
A)True
B)False
Q5) Explain an officer's rights based on Terry v.Ohio: (1) search a person; and (2) search a vehicle the person was in when stopped.
Q6) The Supreme Court held that officers may conduct strip searches whenever someone is being booked for a felony.
A)True
B)False
Page 14
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Chapter 13: Plain View, Consent, Vehicles, and Administrative Searches
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Q1) The Plain View Doctrine only applies if officers are legally at the location where the observation is made.
A)True
B)False
Q2) Explain the rules for consent searches.
Q3) When conducting aerial surveillance under the Plain View Doctrine, a helicopter may fly:
A)anywhere the FAA (Federal Aviation Administration) allows helicopters to fly
B)only in areas where the police routinely use helicopter patrols
C)only where the police have reasonable suspicion that criminal activity is occurring
D)only where the police have probable cause a crime is being committed
Q4) Police officers do not have to obtain a search warrant for a car if they have probable cause it contains contraband.
A)True
B)False
Q5) Police officers must advise suspects of their right to refuse to give consent. A)True
B)False
Q6) Explain the search and seizure rules which apply to abandoned property.
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Chapter 14: Usa Patriot Act, Foreign Intelligence, and Other Electronic Surveillance
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Q1) Was a wiretap warrant required for Officer Morris to wear the voice transmitter
A)Yes, a warrant is required if officers want to use electronic devices without notifying all parties that that their conversation is being monitored.
B)Yes, a warrant is required whenever officers use electronic surveillance devices.
C)No, a warrant is not required when the Misplaced Reliance Doctrine applies.
D)No, warrants are required to record telephone conversations but not face-to-face conversations.
Q2) Agent Smith also wants permission to enter the group's headquarters when it is closed and photograph documents.The request should be:
A)granted only if the search will be done when federal agents are installing surveillance equipment at the group's headquarters.
B)Granted; FISA warrants can be issued for physical searches as well as electronic surveillance.
C)Denied; FISA only provides for warrants authorizing wiretaps and electronic surveillance devices.
D)Denied; physical searches authorized by FISA can only be conducted in foreign countries.
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Page 16
Chapter 15: Self-Incrimination
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Sample Questions
Q1) If Miranda warnings are given correctly and the suspect does not invoke his/her rights, officers may conduct more than one interrogation session without giving Miranda warnings again.
A)True
B)False
Q2) Miranda warnings are not required:
A)During a field interview based on reasonable suspicion (Terry stop)
B)When an inmate is questioned by an inmate/informant
C)When an inmate is questioned by an undercover officer
D)All of these are situations in which Miranda warnings are not required
Q3) How is the privilege against self-incrimination invoked prior to arrest
A)Refuse to answer questions and tell the officers that you are claiming your Fifth Amendment rights
B)Refuse to go to the police station and do not provide information for the police
C)Insist the police meet with your attorney instead of you
D)You cannot invoke the privilege against self-incrimination before you are arrested
Q4) State the Miranda warnings and explain the standard for a waiver.
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Chapter 16: Identification Procedures
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Q1) A suspect has a Sixth Amendment right to have an attorney present at a showup held prior to an arrest.
A)True
B)False
Q2) When a suspect exercises his/her Sixth Amendment right to have an attorney present during a lineup, the attorney can:
A)Observe the lineup
B)Give the police instructions on how to conduct the lineup
C)Cross examine the eyewitnesses who viewed the lineup
D)The attorney can do all of these
Q3) Lineups must be done under conditions (such as lighting) that replicate what the witness saw at the crime scene.
A)True
B)False
Q4) Probable cause is required in order to conduct a photographic lineup.
A)True
B)False
Q5) Does the Fifth Amendment apply to showups, lineups, and photographic lineups Explain.
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Chapter 17: Preparing the Case for Court
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Q1) Explain the proper way officers should interact with jurors at the courthouse.
Q2) Who is usually responsible for preserving the physical evidence until trial
A)Police
B)Prosecution
C)Courts
D)Independent firm
Q3) When presenting a case to the prosecutor, a police officer should discuss the witnesses:
A)and report their statements in the best possible light.
B)give the prosecutor copies of their statements and make no comments.
C)tell the prosecutor both the strengths and weaknesses of each witness.
D)tell the prosecutor only his/her personal opinions about the witnesses.
Q4) Explain the investigating officer's duties regarding trial witnesses.
Q5) Officers should answer questions as rapidly as possible so the jury will be impressed with their knowledge of the case.
A)True
B)False
Q6) Explain what an officer should do to prepare for presenting the case to the prosecutor.
Q7) Discuss how a police department should deal with reporters.
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