Criminal Law and Procedure Exam Bank
Course Introduction
Criminal Law and Procedure provides a comprehensive overview of the fundamental principles governing criminal responsibility, substantive offenses, and the procedural rules that dictate the criminal justice process. The course explores the elements of major crimes, defenses to criminal liability, and the constitutional underpinnings of criminal procedure, including arrest, search and seizure, interrogation, and trial rights. Through case analysis and hypothetical scenarios, students gain an in-depth understanding of both the theoretical and practical applications of criminal law, the roles of law enforcement and the courts, and the safeguards designed to protect individual rights within the legal system.
Recommended Textbook
Criminal Procedure 3rd Edition by Matthew Lippman
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15 Chapters
856 Verified Questions
856 Flashcards
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Chapter 1: An Introduction to Criminal Procedure
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61 Verified Questions
61 Flashcards
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Sample Questions
Q1) The U.S. Constitution holds that if a case is brought before the U.S. Supreme Court and no precedent is found to guide the Court's decision, it is to look to rulings on the issue from courts in England, Spain, and France.
A)True
B)False
Answer: False
Q2) A decision is made by the State Supreme Court of New York, located in New York City. The precedent established by that court applies to _____.
A)New York City
B)New York state
C)the circuit in which New York is located
D)the entire country
Answer: D
Q3) The U.S. Supreme Court has the authority to tell any state how to interpret all matters regarding both the U.S. Constitution and the state's constitution.
A)True
B)False
Answer: False
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3
Chapter 2: The Sources of Criminal Procedure
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60 Flashcards
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Sample Questions
Q1) How can the due process model of criminal procedure be summarized?
Answer: Purpose, formal procedures, determination of guilt.
Q2) Proponents of total incorporation emphasize the fundamental nature of the rights granted in the U.S. Constitution and the Bill of Rights.
A)True
B)False
Answer: True
Q3) "Freestanding due process" is another term for which approach to incorporation?
Answer: fundamental fairness
Q4) To settle concerns over how the courts deal with past cases once a new rule has been decided by the U.S. Supreme Court, the courts apply the _____.
A)ex post facto rule
B)previous docket rule
C)retroactivity rule
D)former cases doctrine
Answer: C
Q5) 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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57 Verified Questions
57 Flashcards
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Sample Questions
Q1) Explain why a warrant is not necessary to search through someone's trash.
Answer: It's abandoned property.
Q2) 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
Q3) In old England, general warrants were used to search _____.
A)certain places regarding a certain crime
B)certain places and people regarding a certain crime
C)any place regarding a certain crime
D)any place for any reason at any time
Answer: D
Q4) A "seizure" of a person is always the equivalent to an arrest.
A)True
B)False
Answer: False
Page 5
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Chapter 4: Stop and Frisk
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Sample Questions
Q1) In order to justify a stop and frisk, an officer must be able to present specific facts to support his/her actions. This requirement is known as the requirement of _____
Q2) Explain what factors judges consider in instances in which a suspect threatens an officer's safety and the police resort to physical force, to displaying a weapon, or to detaining an individual in a squad car.
Q3) The purpose of a frisk is to check a suspicious person for weapons and contraband.
A)True
B)False
Q4) As a general rule, which common law enforcement item can an officer not use while making a Terry stop?
A)Flashlight
B)Handcuffs
C)Firearm (brandishing, not firing)
D)Drug dog
Q5) Police bulletins are classified as secondhand information.
A)True
B)False
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6
Chapter 5: Probable Cause and Arrests
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Sample Questions
Q1) In which of the following circumstances must an officer obtain a warrant?
A)When an officer suspects someone may be engaging in criminal behavior based on his reputation alone
B)When police have probable cause that they are in hot pursuit of a suspect
C)When there is a threat to public safety
D)When there is probable cause that evidence might be destroyed
Q2) Probable cause may be based on either direct observations or hearsay.
A)True
B)False
Q3) Police may make a warrantless arrest if they reasonably believe that to fail to do so would place the public safety in jeopardy.
A)True
B)False
Q4) Explain what may constitute probable cause.
Q5) The U.S. Supreme Court has held that an arrest inside a home must be made with a warrant (barring exigent circumstances). Explain why this is. How does this logic apply to doorways to the home, common hallways, and hotels and why?
Q6) An officer's sworn statement, submitted to apply for a warrant, is known as a/an
Page 7
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Chapter 6: Searches and Seizures of Property
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Sample Questions
Q1) Which of the following is a reasonable amount of time to wait before an officer forcibly enters the home after notifying the inhabitants of his presence?
A)30 seconds
B)As many as 5 minutes
C)The amount of time varies with the circumstances.
D)It depends on the nature of the offense in question.
Q2) The Supreme Court decisions in Robinson and Gustafson establish a bright-line rule. The fact of an arrest authorizes a search incident to an arrest regardless of the offense for which a suspect is arrested. Why did the Supreme Court adopt this bright-line approach?
Q3) Which of the following cases held that the area within the immediate control of the arrestee may properly be searched, but there is no justification for police to search rooms other than the one in which the arrest occurred?
A)Chimel v. Alabama
B)Chimel v. California
C)Riley v. California
D)Dodd v. The People
Q4) The knock-and-announce rule has its origins in _____.
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Page 8
Chapter 7: Inspections and Regulatory Searches
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Sample Questions
Q1) In which of the following circumstances would a suspicionless stop and search by a roving patrol be constitutional?
A)Within 30 miles of an international border
B)In areas where profiling is practiced
C)At the border or the functional equivalent of the border
D)In an area known to house illegal immigrants
Q2) The U.S. Supreme Court has established a variety of rules regarding the administrative inspections of various structures and businesses. Explain the concepts of and reasons behind "modified probable cause," "area warrants," and "closely regulated businesses."
Q3) What level of proof that an individual possess a weapon is required for a more intrusive search via an airport screening?
A)modified probable cause
B)a preponderance of the evidence
C)reasonable suspicion
D)mere indication
Q4) What does in loco parentis mean? Do you believe schools do/should act in this capacity? What is the primary case that explored the boundaries of searches and seizures in schools?
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Chapter 8: Interrogations and Confessions
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Sample Questions
Q1) The U.S. Supreme Court has held that when reading a suspect his/her Miranda rights, it is important that _____.
A)the police use the proper terminology as outline in Miranda
B)the police clearly inform the suspect of his/her rights
C)the police verify that the suspect completely understands these rights
D)the police at least attempt to convey the suspect his/her rights
Q2) An innocent suspect who accepts the police's version of the facts and comes to believe he has committed the crime can be categorized as a/an _____.
A)voluntary false confessor
B)compliant false confessor
C)internalized false confessor
D)factually false confessor
Q3) The U.S. Supreme Court has stated that the objective of the voluntariness test is to provide _____.
Q4) What does it mean to say we operate within an adversarial system instead of an inquisitorial legal system?
Q5) The U.S. Supreme Court has condemned and banned the process of obtaining confessions through extreme physical and psychological abuse of suspects known as the _____.
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Chapter 9: Eyewitness and Scientific Identifications
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55 Flashcards
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Sample Questions
Q1) DNA was first used in criminal cases in which decade?
A)1940s
B)1960s
C)1980s
D)1990s
Q2) When attempting to determine the identity of the criminal, police may present a single suspect to a victim or witness. This type of identification procedure is known as a/an _____.
A)lineup
B)showup
C)confrontational identification
D)identification scheme
Q3) The Frye test is used to determine _____.
A)how well a scientific technique meshes with the defendant's rights
B)whether a scientific technique has been carried out by a sufficiently trained individual
C)whether a scientific technique is explained clearly enough to a jury
D)whether a scientific technique is sufficiently established and accepted
Q4) The test of scientific techniques in which the judge is to make the determination him/herself is known as the _____.
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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) 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
Q3) Evidence that is obtained as a derivation of other evidence that was obtained unconstitutionally is known as _____.
Q4) Which case established the precedent that evidence obtained as a result of an invalid warrant is admissible at trial if the police reasonably believed the warrant to be valid?
A)Arizona v. Evans
B)Illinois v. Krull
C)Massachusetts v. Sheppard
D)United States v. Leon
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Chapter 11: Civil and Criminal Remedies for Constitutional Violations
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Sample Questions
Q1) What is the name of the exception to the rule that the police do not have a duty to intervene due to the fact that the police have exposed an individual to danger that he/she would not otherwise confront?
Q2) According to the U.S. Supreme Court, police have an affirmative duty to intervene to protect which of the following from acts of private individuals?
A)Life
B)Liberty
C)Property
D)None of the above
Q3) The equivalent to a § 1983 suit when a federal official is the tortfeasor is known as a Bivens suit.
A)True
B)False
Q4) Which of the following federal officials is not granted absolute immunity?
A)Judges
B)Prosecutors
C)Presidential aides
D)All of the above are granted absolute immunity.
Q5) What is the difference between absolute immunity and qualified immunity?
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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) Which of the following is not a reason judges are extremely reluctant to review prosecutorial decisions to prosecute?
A)The lack of prosecutorial experience on the part of the judges
B)The traditional roles of judges going back to English common law
C)The large amount time and money required for such oversight
D)Separation of powers between the executive and judicial branches
Q2) 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?
Q3) The practice of posting bail was important to the Founding Fathers because such a right was completely unheard of in England at the time.
A)True
B)False
Q4) Individuals being held in pretrial detention are _____ until trial.
A)held in the local prisons
B)held in short-term jails
C)placed under house arrest
D)unable to leave the state
Q5) A defendant who is unable to reasonably afford counsel is said to be _____.
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Chapter 13: The Courtroom: The Pretrial and Trial Process
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Sample Questions
Q1) During the preliminary hearing, which of the following occurs?
A)The prosecutor files a written formal charge that is reviewed by a judge.
B)The grand jury decides whether to issue an indictment.
C)The proceeding commences with opening statements made by the prosecution and defense counsel.
D)Sentencing for a defendant found to be guilty during the preliminary hearing.
Q2) A grand jury indictment is required to possess all but which of the following?
A)The essential legal elements of the crime
B)Defendant's criminal intent
C)Defendant's criminal acts
D)Exculpatory evidence
Q3) The voir dire process is yet another aspect of the criminal justice system deemed central to the concept of justice. Why, then, are peremptory challenges allowed? Explain why an attorney may or may not use a peremptory challenge. Explain the process of challenging a peremptory challenge. Why might this process be difficult in and of itself?
Q4) Should a judge or justice be unable to render a fair verdict/finding for whatever reason, that judge or justice should _____ him/herself from the case.
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15
Chapter 14: Sentencing and Appeals
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Sample Questions
Q1) Explain the increasing controversy surrounding mandatory minimums and the studies that indicate problems with these laws.
Q2) An offender is sentenced to 2 years in prison for aggravated robbery so as to send a message to other potential robbers of what will happen should they commit this crime. This is an example of which purpose of punishment?
A)Deterrence
B)Rehabilitation
C)Restitution
D)Retribution
Q3) Mandatory drug laws are criticized for increasing the prison population.
A)True
B)False
Q4) Old English common law punished felonies _____.
A)with the death penalty
B)with life in prison
C)by placing the offender in stocks
D)variably, depending on the specific offense
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) In 2004, the U.S. Supreme Court issued two important decisions regarding President Bush's designation of Guantanamo detainees as unlawful enemy combatants. What were they and what were their implications?
Q2) The FISA Act was passed in response to the U.S. Supreme Court's ruling in which of the following cases?
A)United States v. United States District Court (Keith)
B)United States v. Brown
C)Keith v. United States District Court
D)United States District Court v. United States Supreme Court
Q3) To prevent a subject of a national security letter from discussing the investigation, the FBI may impose a/an _____.
Q4) Which of the following is not a primary characteristic of the U.S. State Department's definition of terrorism?
A)Political motivation
B)Violence perpetrated against noncombatants
C)Intended to kill high numbers of victims
D)Carried out by a sub-national group
Q5) What is an enemy combatant for purposes of the CSRT process?
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