Criminal Courts
Exam Solutions
Course Introduction
This course offers an in-depth examination of the structure, function, and procedures of criminal courts within the justice system. Students will explore the roles and responsibilities of key participants, such as judges, prosecutors, defense attorneys, and juries, and analyze the various stages of criminal proceedings from pretrial motions to sentencing. Attention is given to court organization, discretionary decision-making, legal rights of the accused, and the impact of societal and policy factors on judicial processes. The course also considers contemporary challenges facing criminal courts, including ethical issues, case backlogs, and reform initiatives.
Recommended Textbook Criminal Procedure 3rd Edition by Matthew Lippman
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15 Chapters
856 Verified Questions
856 Flashcards
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Page 2
Chapter 1: An Introduction to Criminal Procedure
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Sample Questions
Q1) If there is no precedent, circuit courts of appeals may look to rulings from other courts for advice in the form of persuasive authority.
A)True
B)False
Answer: True
Q2) Where must one look when the U.S. Supreme Court has yet to answer a question regarding the U.S. Constitution?
A)The U.S. Congress
B)State legislatures
C)Trial court judges
D)State supreme courts
Answer: D
Q3) Defense attorneys regularly file a motion for _____, which requires the prosecution to turn over relevant evidence for an upcoming trial.
Answer: discovery
Q4) The lowest level of the federal court system is made up of 94 _____.
Answer: district courts
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Chapter 2: The Sources of Criminal Procedure
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Sample Questions
Q1) The fundamental fairness approach to incorporation emphasizes that rights must be ensured that _____.
A)provide "equality for all"
B)preserve "liberty and fairness"
C)"level the playing field"
D)support the "infallibility of justice"
Answer: B
Q2) Why is equal protection of the law important?
Answer: It is a fundamental principle that all people should be treated equally, regardless of race, religion, or ethnicity.
Q3) During which decade did the U.S. Supreme Court decidedly shift from the fundamental fairness doctrine to total incorporation?
A)1860s
B)1910s
C)1940s
D)1960s
Answer: D
Q4) How can the crime control model of criminal procedure be summarized?
Answer: Purpose, informal procedures, determination of guilt.
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Chapter 3: Searches and Seizures
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Sample Questions
Q1) The Virginia Declaration of Rights (1776) was passed to prohibit general warrants.
A)True
B)False
Answer: True
Q2) Prohibited substances, such as illegal narcotics, are known most commonly as
A)instrumentalities of crime
B)fruits of crime
C)contraband
D)evidence
Answer: C
Q3) An officer stops a car for speeding. After approaching the vehicle, he detects the distinct scent of marijuana. He notices a baggy that appears to contain marijuana on the dashboard. Can he seize the bag?
A)Yes, officers can always seize drugs.
B)Yes, the officer has probable cause to believe the bag contains contraband.
C)No, he does not have a right to be there.
D)No the bag could contain other substances, such as oregano.
Answer: B
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Page 5
Chapter 4: Stop and Frisk
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Sample Questions
Q1) The level of proof necessary to conduct a stop and frisk is _____.
Q2) The practice of officers briefly stopping and frisking suspicious persons for weapons, leading to the landmark case of Terry v. Ohio, spiked in which decade?
A)1920s
B)1940s
C)1960s
D)1980s
Q3) Which of the following examples would be considered an unacceptable detention for a Terry stop?
A)Officers make a suspect wait 20 minutes at an airport for a drug dog.
B)An officer makes three suspects wait for 10 minutes while he calls for backup.
C)A traffic officer makes a suspect wait 3 hours in his vehicle for a drug dog.
D)After refusing an x-ray, officers make a suspected drug mule wait 12 hours before he passes cocaine-filled balloons.
Q4) The first profiles were developed to detect and track _____.
A)drunk drivers
B)drug traffickers
C)child molesters
D)serial killers
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Chapter 5: Probable Cause and Arrests
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Sample Questions
Q1) Which of the following is not an observation an officer may rely on when making a probable cause determination?
A)Smells
B)Direct observations
C)Intuition
D)Overheard statements
Q2) Which is not a good reason for issuing citations rather than arresting individuals?
A)Police prefer to arrest individuals to keep prisons and jails full at all times.
B)It is unreasonable to subject individuals to the inconvenience of an arrest for a minor offense.
C)An arrest consumes the time and energy of the criminal justice system.
D)Permitting arrests for minor crimes allows police to profile minorities and arrest people pretextually for minor offenses who they suspect are engaged in more serious offenses.
Q3) When/why is a warrant unnecessary for the public arrest of individuals?
Q4) Explain what may constitute probable cause.
Q5) An officer's sworn statement, submitted to apply for a warrant, is known as a/an
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Chapter 6: Searches and Seizures of Property
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Sample Questions
Q1) Which of the following is not one of the explanations frequently cited as justification for the knock-and-announce rule?
A)Minimization of neighborhood fear of police
B)Prevention of violence against the officers
C)Protection of privacy for the occupants
D)Prevention of destruction of property
Q2) The U.S. Supreme Court has held that officers need not knock and announce when investigating drug crimes due to the ease of destruction of evidence in such cases.
A)True
B)False
Q3) What standard of proof is required for police to search an automobile using the automobile exception?
A)Beyond a reasonable doubt
B)Probable cause
C)Preponderance of the evidence
D)Reasonable suspicion
Q4) Give examples of both constitutional and unconstitutional knock-and-talk searches.
Q5) The knock-and-announce rule has its origins in _____.
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Chapter 7: Inspections and Regulatory Searches
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Sample Questions
Q1) In order to search the home of a probationer, a probation officer must have reasonable suspicion that the probationer is engaged a drug or violent criminal offense.
A)True
B)False
Q2) If border patrol officers are functioning on the border's "functional equivalent" and not the physical border itself, they must possess reasonable suspicion in order to stop a vehicle and question its occupants.
A)True
B)False
Q3) What level of proof is required for school officials to search the property of students for contraband?
A)Probable cause
B)Modified probable cause
C)A preponderance of the evidence
D)Reasonable suspicion
Q4) Students are allowed their _____ Amendment rights as long as they do not substantially disrupt the learning environment.
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Chapter 8: Interrogations and Confessions
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Sample Questions
Q1) Which of the following amendments to the U.S. Constitution is not used by the Court to ensure that confessions result from fair and constitutional procedures?
A)Fifth
B)Sixth
C)Ninth
D)Fourteenth
Q2) In order to invoke the right to silence, a suspect must convey this to the officers _____.
A)in a "clear and unambiguous" manner
B)in a "manner reasonably understood" by officers
C)by refusing to speak at all
D)by requesting the presence of an attorney
Q3) The U.S. operates under a/an _____ system of criminal procedure, in which the prosecutor must establish guilt and the defendant cannot be compelled to testify against him/herself.
A)accusatorial
B)adversarial
C)constitutional
D)inquisitorial
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Page 10
Chapter 9: Eyewitness and Scientific Identifications
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Sample Questions
Q1) A suspect is to be granted the right to counsel at any "critical stage" of the criminal process.
A)True
B)False
Q2) The U.S. Supreme Court has held that the right to counsel does not apply to lineups conducted during the investigative stage (preindictment) due to the inherent inefficiency of an attorney's presence.
A)True
B)False
Q3) Lineups of photographs of a possible suspect among many other photos are known as _____.
Q4) Why should polygraph evidence be admissible or inadmissible at trial?
Q5) "Lie detector" tests are know by the technical name _____.
Q6) The U.S. Supreme Court has held that an attorney need not be present during a photographic lineup in which of the following situations?
A)When it's conducted before the indictment
B)When it's conducted after the indictment
C)When it's conducted before or after the indictment
D)When the suspect has previous convictions on his record
Page 11
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Chapter 10: The Exclusionary Rule and Entrapment
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Sample Questions
Q1) In Wolf v. Colorado, the U.S. Supreme Court _____.
A)incorporated the Fourth Amendment to the states
B)expanded the exclusionary rule to the states
C)held the silver-platter doctrine unconstitutional
D)held the fruit-of-the-poisonous-tree doctrine unconstitutional
Q2) When police seize evidence without a warrant, the burden of proof in regard to the admissibility of that evidence falls on the _____.
Q3) Under Sherman and Sorrells, what practices are likely prohibited under the objective test for entrapment?
Q4) Historically, some jurisdictions have allowed civilians to sit on a board of review of police conduct to investigate cases of suspected abuse of authority, with the power to enact disciplinary action if necessary.
A)True
B)False
Q5) When the exclusionary rule was applied to the states, what was the impact?
A)Only five states had been enforcing it.
B)The states rebelled.
C)Many of the states were already enforcing it.
D)None of the states had been enforcing it.
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Chapter 11: Civil and Criminal Remedies for Constitutional Violations
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Sample Questions
Q1) Which is not an element of a Bivens action?
A)Excessive force
B)Color of law
C)Constitutional right
D)Reasonableness
Q2) A violation of which of the following will not allow a victim to file a § 1983 action against an officer?
A)The U.S. Constitution
B)A state constitution
C)A federal law
D)A victim may file a § 1983 action for a violation of any of the above.
Q3) Which amendment provides immunity for state governments and agencies from § 1983 suits?
A)First Amendment
B)Seventh Amendment
C)Ninth Amendment
D)Eleventh Amendment
Q4) What is the significance of the word "pattern" or "practice" in regard to the depravation of constitutional rights? Give examples of when this concept might come into play.
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Chapter 12: The Initiation of the Legal Process, Bail, and the Right to Counsel
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Sample Questions
Q1) The primary purpose of bail is to ensure _____.
A)a fair trial
B)the smooth operation of justice
C)the defendant's appearance for trial
D)the profitability of the courts
Q2) The U.S. Supreme Court has noted that prosecutorial authority is "_____" but not "_____."
A)broad, unlimited
B)limited, reviewable
C)specific, cumbersome
D)vague, unconstitutional
Q3) Historically, under English common law, which defendants were entitled to counsel?
A)All defendants
B)Those accused of a felony
C)Those accused of a misdemeanor
D)No defendant
Q4) What is the two-pronged test for ineffective assistance of counsel? Do you think this is a good measure? Can you think of ways to improve the analysis?
Page 14
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Chapter 13: The Courtroom: The Pretrial and Trial Process
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Sample Questions
Q1) Discovery is used primarily to ensure that the defense is aware of all _____.
A)relevant evidence
B)interesting evidence
C)exculpatory evidence
D)available evidence
Q2) According to the U.S. Supreme Court's holdings and justifications, which of the following state juries is both sufficiently large and has sufficient unanimity to convict a defendant?
A)A 12-member jury voting 7-5
B)A 10-member jury voting 9-1
C)A 6-member jury voting 5-1
D)A 5-member jury voting 5-0
Q3) In which case did the U.S. Supreme Court hold that grand jury indictments were not required for all criminal cases?
A)Green v. United States
B)Hawkins v. Superior Court
C)Hurtado v. California
D)Vazquez v. Hillery
Q4) Explain the dual sovereignty doctrine and give an example in which it would apply.
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Chapter 14: Sentencing and Appeals
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Sample Questions
Q1) An offender is convicted of misdemeanor vandalism, but instead of being sentenced to jail, she is given 200 hours of community service, much of which is spent cleaning up her own graffiti and similar acts of vandalism. This is an example of which purpose of punishment?
A)Deterrence
B)Incapacitation
C)Rehabilitation
D)Restitution
Q2) The right of habeas corpus is found in _____.
A)Article 1 of the U.S. Constitution
B)Article 2 of the U.S. Constitution
C)the First Amendment
D)the Fourteenth Amendment
Q3) The various states have granted different levels of discretion to judges in regard to how they may or may not sentence defendants. List, define, and explain these sentencing schemes.
Q4) _____ is the purpose of punishment where punishment is used to remove offenders from society.
Q5) _____ is the purpose of punishment based on the concept of just deserts.
Q6) Explain the Three Strikes and You're Out Law and its unintended consequences.
Page 16
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Chapter 15: Counterterrorism
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Sample Questions
Q1) So-called sneak-and-peek searches have typically been used to investigate homicide.
A)True
B)False
Q2) The prohibition of communication between criminal investigator and intelligence agents, struck down by the USA PATRIOT Act, is known as _____.
Q3) Which of the following is not one of the primary purposes of the USA PATRIOT Act?
A)To introduce procedural reforms making it easier to investigate acts of terrorism
B)To introduce procedural reforms making it easier to deter acts of terrorism
C)To define new federal criminal offenses related to terrorism
D)To create a new federal agency to oversee the security of the country
Q4) One flaw noted by the U.S. Supreme Court with military commissions is that hearsay evidence was allowed.
A)True
B)False
Q5) What is an enemy combatant for purposes of the CSRT process?
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Page 17