Courts and the Criminal Justice System
Final Test Solutions
Course Introduction
This course provides a comprehensive overview of the structure, functions, and processes of courts within the criminal justice system. It examines the roles and responsibilities of key courtroom participants, including judges, prosecutors, defense attorneys, and juries, while exploring how legal procedures and constitutional principles shape criminal proceedings. Students will analyze the interaction between law enforcement, corrections, and the judiciary, as well as the impact of landmark decisions on justice, fairness, and public policy. Through case studies and contemporary issues, the course encourages critical thinking about challenges facing the courts and the pursuit of equitable justice.
Recommended Textbook
Criminal Procedure for the Criminal Justice Professional 12th Edition by John N. Ferdico
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15 Chapters
900 Verified Questions
900 Flashcards
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Chapter 1: Individual Rights Under the United States Constitution
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60 Verified Questions
60 Flashcards
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Sample Questions
Q1) The _____ Amendment emphasizes that the Constitution did not intend, by expressly guaranteeing certain rights of the people, to grant the government unlimited power to invade other rights of the people.
A) Ninth
B) Third
C) Seventh
D) Tenth
Answer: A
Q2) Freedom from double jeopardy is guaranteed by the _____.
A) Second Amendment
B) Third Amendment
C) Fourth Amendment
D) Fifth Amendment
Answer: D
Q3) Rules and regulations set forth by a government agency that is empowered through statutory law to make such rules are categorized as _____________________ law.
Answer: administrative
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Page 3
Chapter 2: Criminal Courts, Pretrial Processes, and the
Exclusionary
Rule
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60 Verified Questions
60 Flashcards
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Sample Questions
Q1) Circumstantial evidence _____.
A) indirectly infers a fact at issue
B) directly establishes a fact at issue
C) can be physical, tangible evidence, but not testimonial evidence
D) can be testimonial evidence, but not physical, tangible evidence
Answer: A
Q2) A(n) ______________ is issued to a person accused of a crime to compel attendance at a criminal proceeding to answer to charges.
Answer: summons
Q3) To challenge the admissibility of evidence, a defendant must ______.
A) have legal representation because only lawyers can make challenges
B) have exhausted all appeals because challenges can only be made in appeals
C) have standing, which refers to the ability to raise a legal claim
D) get permission from the prosecution which must be in writing
Answer: C
Q4) In felony cases, the purpose of the initial appearance is to accept the defendant's plea.
A)True
B)False
Answer: False
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Chapter 3: Basic Underlying Concepts: Property, Privacy,
Probable Cause, and Reasonableness
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60 Verified Questions
60 Flashcards
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Sample Questions
Q1) The Katz v. United States (1967) case _____.
A) expanded Fourth Amendment protections
B) did away with the idea of "reasonable expectation of privacy"
C) broadened search to include interference with possessory interests
D) restricted the ability of defendants to argue privacy violations occurred
Answer: A
Q2) Following the decision in Illinois v. Gates (1983), _____.
A) all states and the federal government have adopted the totality of circumstances approach
B) all states adopted totality of circumstances, but the federal government retained the Aguilar-Spinelli criteria
C) the totality of circumstances approach was subsequently overruled
D) some states rejected the Gates decision and retained the Aguilar-Spinelli criteria on the basis of their own state constitutions
Answer: D
Q3) The Gates v. Illinois (1983) decision abandoned rigid adherence to the Aguilar-Spinelli criteria in favor of a __________ approach to determining probable cause.
Answer: "totality of the circumstances"
Page 5
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Chapter 4: Criminal Investigatory Search Warrants
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60 Verified Questions
60 Flashcards
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Sample Questions
Q1) Proper execution of an anticipatory search warrant is dependent upon _____.
A) a triggering condition
B) reasonable suspicion
C) reasonable suspicion and a triggering condition
D) witness testimony and reasonable suspicion
Q2) Probable cause to search has two requirements that probable cause to arrest does not: _____.
A) that the information must not be stale and particularity regarding place and items
B) that the information must not be stale and that the applying officer must have applied Aguilar/Spinelli
C) that the information was NOT from an informant and particularity regarding place and items
D) reasonable suspicion and particularity regarding place and items
Q3) Probable cause must be based on _____.
A) Aguilar/Spinelli
B) fact
C) reasonable suspicion
D) proof beyond a reasonable doubt
Q4) What is the purpose and nature of Rule 41?
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Chapter 5: Searches for Electronically Stored Information and
Electronic Surveillance
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60 Verified Questions
60 Flashcards
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Sample Questions
Q1) Title III of the Wiretap Act does not cover video surveillance using video cameras that record only images and not aural communications.
A)True
B)False
Q2) Assess the requirements that some courts impose on applications for search warrants for electronically stored information. Identify the limitations in place and explain the rationale of these limitations.
Q3) In Berger v. New York (1967) the issue was the constitutionality of a New York statute that authorized electronic surveillance pursuant to a judicial warrant. In the case, the Court:
A) validated the law because the government had probable cause and the intrusion was reasonably related to what the government was looking for
B) validated the law because it properly limited the nature, scope, or duration of the electronic surveillance
C) invalidated the law because the government did not establish probable cause
D) invalidated the law because it failed to properly limit the nature, scope, or duration of the electronic surveillance
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Page 7
Chapter 6: Administrative and Special Needs Searches
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60 Verified Questions
60 Flashcards
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Sample Questions
Q1) Even at the borders of the United States, there is a reasonable expectation of privacy that has to be observed by the government.
A)True
B)False
Q2) Assume that a regulatory inspector is conducting a justified, routine inspection of a tightly regulated business. The inspector, while standing in a spot that he has a legal right to be in and without moving anything, sees evidence of criminal activity. What are the options of the inspector?
Q3) If evidence of criminal activity is discovered during the course of a valid administrative search and the evidence is readily viewable by the inspector, the evidence _____.
A) cannot be seized even if a warrant is obtained
B) cannot be seized without first obtaining a warrant
C) may be immediately seized because probable cause is not necessary in an administrative search
D) may be immediately seized under the plain view doctrine
Q4) In the context of the Fourth Amendment, explain the differences between students who participate in extracurricular activities and those who do not participate in such activities.
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Chapter 7: Arrests, Searches Incident to Arrest, and Protective Sweeps
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60 Verified Questions
60 Flashcards
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Sample Questions
Q1) Generally speaking, a search is said to be __________ with an arrest if the search is at the same time that probable cause to arrest develops or is conducted shortly thereafter.
Q2) A law enforcement officer observes an individual walking in a residential neighborhood at night with a crowbar and flashlight. The officer briefly detains the person to ask a few questions to determine what the individual is doing. What is the officer's action classified as?
A) a formal arrest.
B) a stop.
C) an informal arrest.
D) a seizure tantamount to arrest.
Q3) A police officer has informed a man seated at a desk in his home that he is under arrest. The desk top is cluttered and the desk has many drawers within easy reach of the arrestee. One drawer is locked. As incident to the arrest, what may the officer search besides the man?
A) not the desk.
B) the top of the desk in plain sight but not the drawers of the desk.
C) the desk top and the unlocked drawers of the desk.
D) the desk top and all the drawers of the desk.
Page 9
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Chapter 8: Stops and Frisks
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60 Flashcards
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Sample Questions
Q1) A law enforcement officer may detain property for a brief time if the officer has a ______________ that the property contains items subject to seizure.
Q2) During the initial stages of a frisk, an officer feels a soft object about the size of a quarter in the suspect's coat pocket. Realizing that it is not a weapon and unable to conclude that the item is contraband, courts have ruled that without further probable cause the officer should:
A) proceed on with the search.
B) call for a narcotics officer and get his expertise.
C) cease and desist with the search once he realizes that it is not a weapon.
D) use the feel of the item as probable cause to obtain a warrant.
Q3) Name some of the justifications given by the courts as to when a law enforcement officer can frisk a person.
Q4) The case that established the foundation for stop and frisk is:
A) Terry v. Ohio
B) United States v. Dortch
C) United States v. Sharpe
D) United States v. Place
Q5) Define and give an example of a pretextual stop.
Q6) Define what is meant by a furtive gesture and give two examples.
Page 10
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Chapter 9: Consent Searches
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60 Flashcards
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Sample Questions
Q1) To establish that consent was valid, the prosecutor must show
A) only that the consenter had authority.
B) that the consenter had authority and gave consent voluntarily.
C) that the consenter had authority, gave consent voluntarily, and was informed by police of his right to refuse consent.
D) that probable cause existed regardless of the consent.
Q2) Provide at least two situations where a third-party may give consent to search property even though they are not the person against whose interest the search is being conducted.
Q3) Officers knock on a door of an apartment being rented by a male suspect. A female opens the door and the officers ask her if the suspect is home. She says "Not right now," but the officers don't believe her and want permission to enter and look for themselves. They have no warrant or other justification. What should the officer's do first?
A) ask her if she will consent to their search.
B) ask her if she lives there.
C) ask her to step out of the apartment, since there might be trouble.
D) ask her when he will return, since she can't give permission.
Q4) Courts use the __________ test to determine voluntariness.
Q5) Summarize the Schneckloth rule concerning voluntary consent searches.
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Chapter 10: The Plain View Doctrine and Special Needs Searches
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60 Verified Questions
60 Flashcards
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Sample Questions
Q1) If the police lack ________ that an object in plain view is contraband without conducting some further search of the object, the plain view doctrine cannot justify its seizure.
Q2) The requirements of the plain view doctrine do not include that the _____.
A) officer, as a result of a prior valid intrusion, must be in a position in which he or she has a legal right to be
B) officer must not unreasonably intrude on any person's reasonable expectation of privacy
C) officer may develop probable cause to believe that the item is subject to seizure by handling and thoroughly examining the item
D) discovery of the item of evidence by the officer need not be inadvertent
Q3) Once a container has been found to a certainty (through legal means) to contain illicit drugs, the contraband becomes like objects physically within the plain view of the police, and the claim to privacy is lost.
A)True
B)False
Q4) The plain view doctrine is justified on the basis of police _____________________ and ____________________.
Page 12
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Chapter 11: Search and Seizure of Vehicles and Containers
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Sample Questions
Q1) Officers driving behind a car observe the driver weaving across the double yellow line and apparently drinking from a can of beer. The officers are about to stop the driver when he turns into his driveway and parks the car in his garage. Given this scenario, the officers _____.
A) are too late to take any action
B) are too late to make a Carroll search but may arrest the driver
C) need a warrant or consent to search the vehicle
D) may make a Carroll search of the vehicle and arrest the driver
Q2) Which of the following is true about police inventory of a vehicle?
A) Police are not permitted to search for evidence of crime.
B) Police may not seize contraband or other items that they observe open to view.
C) Police need probable cause to inventory a vehicle.
D) Inventories are governed by principles that relate to search procedures permitted by the U.S. Supreme Court.
Q3) If an officer has probable cause to search only a particular container placed in a vehicle or a particular area of the vehicle, the officer may search that container or area without a warrant, but may not search the __________.
Q4) A valid inventory search requires neither __________ nor a(n) __________.
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Chapter 12: Open Fields and Abandoned Property
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60 Flashcards
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Sample Questions
Q1) Fourth Amendment protections do not apply to abandoned property.
A)True
B)False
Q2) What is the primary difference between the abandonment doctrine and the plain view doctrine?
A) The plain view doctrine is dictated by the nature of the item under consideration, whereas abandonment concerns the location of the item.
B) Plain view applies to police officer retrieval of an object, whereas the abandonment doctrine applies broadly to all citizens who retrieve an object.
C) Plain view applies only to vehicular searches, whereas the abandonment doctrine applies to homes and public places.
D) Under plain view, the location of the item is protected; whereas under the abandonment doctrine, the location is not protected.
Q3) The term __________ may include any unoccupied or undeveloped area outside of the curtilage.
Q4) Discuss the findings in California v. Ciraolo, 1986, regarding aerial warrantless observations by the police.
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14
Chapter 13: Interrogations, Admissions, and Confessions
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60 Flashcards
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Sample Questions
Q1) Explain the "focus of investigation test" of Escobedo v. Illinois, 1964, that preceded the Miranda decision.
Q2) Police detectives begin to interrogate a criminal suspect without having read the Miranda warnings. During this initial questioning, the suspect makes an incriminating statement. The detectives, after hearing the incriminating statement, make the suspect aware of his Miranda rights. Questioning continues and the suspect repeats the incriminating information. How are the courts most likely to view the statement?
A) The incriminating statement is inadmissible.
B) The incriminating statement is admissible, but any derivative evidence that can be gathered from the information in the statement is inadmissible.
C) The incriminating statement is inadmissible, but any derivative evidence that can be gathered from the information in the statement is admissible.
D) The incriminating statement is admissible, as is any derivative evidence that can be gathered from the information in the statement.
Q3) What is the Miranda Warning?
Q4) Briefly explain the right to counsel clause of the Sixth Amendment.
Q5) Provide a definition of "custody."
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Page 15
Chapter 14: Pretrial Visual Identification Procedures
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60 Flashcards
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Sample Questions
Q1) What is the generic term applied to any type of presentation of a suspect in person to a victim to identify the perpetrator?
A) confrontation
B) showup
C) lineup
D) booking
Q2) Unarranged, spontaneous showups are considered impermissibly suggestive for constitutional law purposes.
A)True
B)False
Q3) Describe the first stage of the memory acquisition, or encoding, process.
Q4) The people who appear in a lineup or photo array other than the suspect are called
Q5) In a criminal prosecution the accused has a Sixth Amendment right to _____.
A) assistance of counsel at all times
B) silence at all times
C) assistance of counsel at all critical stages
D) due process of law
Q6) Briefly explain what is meant by cross-racial identification bias.
Page 16
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Chapter 15: Criminal Trials, Appeals, and Postconviction
Remedies
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Sample Questions
Q1) Which of the following is not a criterion to be viewed competent to serve as a witness in a criminal trial?
A) capable of understanding the duty to tell the truth
B) personal knowledge of the matter about which he or she is testifying
C) capable of understanding and speaking the English language
D) capable of expressing himself or herself so as to be understood by the jury
Q2) What is the process of questioning jurors to determine if they are prejudiced regarding a particular case called?
A) voir dire
B) venire
C) challenge for cause
D) peremptory challenge
Q3) Select the true statement regarding federal sentencing guidelines.
A) They are mandatory in all federal cases.
B) They are advisory in all federal cases.
C) They are mandatory in federal felony cases, but advisory in federal misdemeanor cases.
D) They are mandatory in cases where a judge resolved a question of fact.
Q4) Identify and describe three different rules of evidence.
Q5) Explain the difference between determinate and indeterminate sentencing.
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