Criminal Law and Procedure Exam Review
Course Introduction
This course provides a comprehensive examination of the principles and practices of criminal law and criminal procedure. Students will explore the foundations of criminal liability, including elements of major offenses, defenses to criminal charges, and the structure of criminal statutes. The course also covers the constitutional protections afforded to individuals during the investigation, arrest, prosecution, and adjudication of criminal cases, highlighting key procedural requirements such as due process, search and seizure, arrest, interrogation, and the right to counsel. Through case studies and analysis of landmark judicial decisions, students will gain an understanding of the interplay between substantive criminal law and procedural safeguards in the justice system.
Recommended Textbook
Criminal Procedure for the Criminal Justice Professional 11th Edition by John
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15 Chapters
900 Verified Questions
900 Flashcards
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N. Ferdico
Chapter 1: Individual Rights Under the United States
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60 Verified Questions
60 Flashcards
Source URL: https://quizplus.com/quiz/17240
Sample Questions
Q1) Which of the following is most consistent with the principles of the Crime Control Model?
A) a strong appellate court system with multiple layers of appeals and habeas corpus filings
B) confidence in the police and prosecutors' judgments
C) a skepticism toward the decisions of police and prosecutors
D) opposition to additional resources to build more prisons and fund more police officers on patrol
Answer: B
Q2) There is an inherent tension between Crime Control and Due Process needs.Which of the following is a true statement about the focus of criminal justice over time?
A) The criminal justice has always been focused more on crime control.
B) The criminal justice has always been focused more on due process.
C) The emphasis has shifted over time between crime control and due process.
D) There was a crime control revolution in the 1960s.
Answer: C
Q3) The power of the government to acquire private property is called ___________.
Answer: eminent domain
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Chapter 2: Criminal Courts,Pretrial Processes,and the
Exclusionary Rule
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60 Verified Questions
60 Flashcards
Source URL: https://quizplus.com/quiz/17241
Sample Questions
Q1) The main purpose of the arraignment is to
A) indict the defendant.
B) accept a plea from the accused.
C) set bail for the accused.
D) determine probable cause.
Answer: B
Q2) In felony cases,the purpose of the initial appearance is to accept the defendant's plea.
A)True
B)False
Answer: False
Q3) Information not contained in the body of the complaint,or that comes from witnesses other than the complainant,may be brought to the court's attention in the form of a(n)__________.
Answer: affidavit
Q4) A ______ is issued to a person accused of a crime to compel attendance at a criminal proceeding to answer to charges.
Answer: summons
Q5) An affidavit can be described as a ______________.
Answer: sworn statement
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Chapter 3: Basic Underlying Concepts: Privacy, Probable
Cause, and Reasonableness
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60 Verified Questions
60 Flashcards
Source URL: https://quizplus.com/quiz/17242
Sample Questions
Q1) The term ____________ means strengthening or confirming the information supplied by the informant with supporting information obtained by law enforcement officers.
A) attenuation
B) corroboration
C) discovery
D) verification
Answer: B
Q2) In terms of applying the privacy right that exists under the Fourth Amendment,the amendment is said to protect __________,not __________.
Answer: people; places
Q3) Other Fourth Amendment considerations,such as warrants,reasonableness,exigency,and good faith,are factors that are considered subservient to probable cause.
A)True
B)False
Answer: False
Q4) Third party information is often referred to as ________.
Answer: hearsay
Page 5
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Chapter 4: Criminal Investigatory Search Warrants
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60 Verified Questions
60 Flashcards
Source URL: https://quizplus.com/quiz/17243
Sample Questions
Q1) A _______ of property occurs when there is some meaningful interference with an individual's possessory interests in that property.
Q2) In a situation where the officer acts in reckless disregard for the truth when applying for a warrant:
A) the entire warrant will automatically be deemed constitutionally defective.
B) some clauses from the deficient parts of the warrant may be severed or redacted.
C) the officer will automatically be civilly liable in any Section 1983 claim that is filed. D) the admissibility of the evidence will not be impacted because the exclusionary rule does not apply to this situation.
Q3) Explain the process of applying for a search warrant.Identify the considerations a law enforcement officer must be aware of if (s)he is to be successful in obtaining a search warrant.
Q4) Explain when law enforcement authorities may be legally authorized to make a "sneak and peak" covert entry into private property.Explain the use of "sneak and peak" warrants by law enforcement prior to the passing of the USA PATRIOT ACT.
Q5) Explain 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
Source URL: https://quizplus.com/quiz/17244
Sample Questions
Q1) Explain the jurisdiction and procedures of the Foreign Intelligence Surveillance Court (FISC).
Q2) Title III does apply to the use of electronic devices emitting signals that enable law enforcement officials to track the location of objects and persons.
A)True
B)False
Q3) The _____________________ provides that any person may intercept an electronic communication made through a system that is configured so that the communication is readily accessible to the general public.
Q4) A(n)___________ is defined as " a transfer containing the human voice at any point between and including the point of origin and the point of reception."
Q5) The __________ showing required for electronic surveillance is the same as that required by the Fourth Amendment for a search warrant.
A) reasonable suspicion
B) probable cause
C) absolute cause
D) absolute suspicion
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Chapter 6: Administrative and Special Needs Searches
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60 Verified Questions
60 Flashcards
Source URL: https://quizplus.com/quiz/17245
Sample Questions
Q1) If evidence of criminal activity is discovered during the course of a valid administrative search and the evidence is readily viewable by the inspector:
A) the evidence cannot be seized even if a warrant is obtained.
B) the evidence cannot be seized without first obtaining a warrant.
C) the evidence may be immediately seized because probable cause is not necessary in an administrative search.
D) the evidence may be immediately seized under the plain view doctrine.
Q2) All states permit probation officers to conduct warrantless,suspicionless searches of persons on probation.
A)True
B)False
Q3) Random manual searches of would-be passengers on an airline and his or her belongings for weapons or explosives is
A) unconstitutional.
B) a search that would require a warrant absent exigent circumstances.
C) biased and inflammatory towards citizens.
D) not a violation of the Fourth Amendment.
Q4) Explain the differences between a criminal search and an administrative search.
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Chapter 7: Arrests, Searches Incident to Arrest, and Protective Sweeps
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60 Verified Questions
60 Flashcards
Source URL: https://quizplus.com/quiz/17246
Sample Questions
Q1) Modern definitions of the crime of resisting arrest usually requires:
A) shooting, striking, pushing, or some other form of active opposition.
B) only lack of cooperation by the suspect.
C) a substantial risk to the safety of someone other than the arresting officer.
D) testimony of at least one non law enforcement witness.
Q2) A county sheriff's deputy in hot pursuit outside his county has
A) the same authority to arrest as an ordinary citizen.
B) the same authority to arrest as within his county if he is on duty.
C) the same authority to arrest as within his county even if he is off duty.
D) the same authority to arrest as a bondsman.
Q3) What basic element distinguishes formal arrest from seizure tantamount to arrest?
A)Officers intent
B) Suspects belief
C) Miranda
D) Custody
Q4) The courts have ruled that a(n)_____ may occur without any physical touching if the officer makes a show of authority and the person to be detained submits to this authority.
Q5) Define fresh pursuit and a hot pursuit.
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Chapter 8: Stops and Frisks
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60 Verified Questions
60 Flashcards
Source URL: https://quizplus.com/quiz/17247
Sample Questions
Q1) An officer stops a person travelling in their car based on reasonable suspicion.The officer requests that the person step out of the vehicle and the person complies.The officer immediately notices a tattoo on the arm of the person that is common among members of a particular gang in the area known to engage in violence toward officers,thus giving the officer reasonable suspicion to believe the person may be armed.The officer has not secured the person.At this point the officer:
A) can frisk the person, but cannot search any part of the vehicle.
B) can frisk the person and search the entire car for weapons.
C) can frisk the person and search any part of the passenger compartment where a weapon could be kept.
D) can frisk the person and search any part of the passenger compartment or locked trunk where a weapon could be kept.
Q2) Before conducting a frisk,an officer must believe which of the following to be true?
A) he is dealing with an armed and dangerous individual
B) he must visibly see a weapon present
C) he must possess probable cause to proceed on with the search
D) he believes the suspect is guilty of traffic violations
Q3) What is meant by a show of authority?
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10
Chapter 9: Consent Searches
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60 Verified Questions
60 Flashcards
Source URL: https://quizplus.com/quiz/17248
Sample Questions
Q1) The authority that justifies third-party consent to search based on mutual use of the property by those who have joint access or control for most purposes is called
Q2) A high school principal summons the police to be present when the locker of one of the students is opened.The student was suspended for stealing from other students and the principal wants to see if there is any stolen property in the locker.The officer should advise the principal
A) to get permission from the student before opening it.
B) to get consent from the student's parent's.
C) to open the locker immediately, because no consent is needed.
D) to open the locker only if the principal has probable cause.
Q3) Briefly describe what is meant by "common authority."
Q4) A person voluntarily consenting to a search may later contest the search on constitutional grounds,even though consent was given.
A)True
B)False
Q5) A person's consent to an officer's request to enter his or her residence ________________ grant the officer a right to search.
Q6) Courts use the ____________________ test to determine voluntariness.
Page 11
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Chapter 10: The Plain View Doctrine
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60 Verified Questions
60 Flashcards
Source URL: https://quizplus.com/quiz/17249
Sample Questions
Q1) An officer makes a Terry stop of a person and develops reasonable suspicion to believe the person may be armed and dangerous.During a pat-down,the officer feels an item,but the true nature of the item is not immediately apparent.The officer:
A) has probable cause and can detain the suspect indefinitely to wait for a warrant to be issued.
B) cannot, without further justification, retrieve the object from the person's clothing without consent.
C) has probable cause and can detain the suspect temporarily to wait for a warrant to be issued.
D) can immediately, and without further justification, retrieve the object from the person's pocket.
Q2) The ___________ is grounded on the proposition that once police officers are lawfully in a position to observe an item first-hand,the owner's privacy interest in that item is lost.
Q3) Name the three requirements that officers must satisfy in order to justify a seizure of evidence under the plain view doctrine.
Q4) Briefly describe the plain view doctrine.
Q5) The plain view doctrine is justified on the basis of _____________________.
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Chapter 11: Search and Seizure of Vehicles and Containers
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60 Verified Questions
60 Flashcards
Source URL: https://quizplus.com/quiz/17250
Sample Questions
Q1) If possible,warrantless searches under the ________ doctrine should be conducted immediately at the scene where the vehicle is stopped.
Q2) When faced with the possibility of impounding a vehicle,the officer has a constitutional requirement to choose a less intrusive means if it is available.
A)True
B)False
Q3) Explain the rationale and the scope of searches allowed under the Carroll doctrine regarding automobile exceptions to search warrants.
Q4) The scope of the automobile exception may include a police search of the trunk of an automobile recently occupied by the arrestee.
A)True
B)False
Q5) During an inventory,an officer picks up a jacket from the seat of the vehicle.Underneath the jacket was a clear baggie containing drugs.The doctrine which allows the officer to seize the drug evidence is the plain view doctrine.
A)True
B)False
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13
Chapter 12: Open Fields and Abandoned Property
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60 Verified Questions
60 Flashcards
Source URL: https://quizplus.com/quiz/17251
Sample Questions
Q1) Anything without a "No Trespassing" sign posted is an open field that the police may search.
A)True
B)False
Q2) If a law enforcement officer,acting lawfully,seizes objects that have been voluntarily discarded on the street,in a public park,or in some other location not protected by the Fourth Amendment,the seizure is legal under the plain view doctrine.
A)True
B)False
Q3) The U.S Supreme Court has found that warrantless police surveillance from the air of curtilage __________ the Fourth Amendment.
Q4) The _________ is part of the open fields.
A) curtilage
B) dwelling
C) attached garage
D) forest around the home
Q5) The term _________ may include any unoccupied or undeveloped area outside of the curtilage.
Q6) Curtilage means the ________________________________.
14
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Chapter 13: Interrogations, Admissions, and Confessions
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60 Verified Questions
60 Flashcards
Source URL: https://quizplus.com/quiz/17252
Sample Questions
Q1) Officers place George Jetson under arrest,but they don't immediately read the Miranda warnings.George immediately breaks down and confesses to the crime without any prompting from the officers.George's confession is:
A) inadmissible because when people are placed under arrest, Miranda warnings must be read.
B) inadmissible because officers are required to read Miranda warnings whenever dealing with persons during any type of police-citizen interaction.
C) admissible because this type of statement is beyond the reach of Miranda.
D) admissible because the police did nothing to break the will of the suspect.
Q2) Both confessions and admissions are incriminating statements.
A)True B)False
Q3) The warnings required by Miranda must be given before police question a person who is in custody or deprived of his or her _______________________________.
Q4) Describe and provide a court case as an example to illustrate Miranda's limitation regarding testimonial evidence.
Q5) Briefly explain the right to counsel clause of the Sixth Amendment.
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Page 15
Chapter 14: Pretrial Visual Identification Procedures
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60 Verified Questions
60 Flashcards
Source URL: https://quizplus.com/quiz/17253
Sample Questions
Q1) Police are in the initial stages of investigating a suspect for involvement in a criminal offense.The suspect has not been indicted.Police arrange for a lineup,but don't provide counsel for the defendant.In the course of conducting the lineup,police followed certain procedures that were highly suggestive to the witness called upon to participate in the lineup.Which of the following is true?
A) No constitutional violation occurred.
B) A 6th Amendment violation occurred, because police failed to provide an attorney.
C) A 5th Amendment violation occurred, because of the suggestive nature of the process.
D) Both a 5th and 6th Amendment violation occurred.
Q2) Briefly explain what is meant by cross-racial identification bias.
Q3) Which of the following statements is not true about perception?
A) Memory is dependent on perception.
B) Perception is a highly selective "interpretive" process.
C) Perception is dependent upon the accuracy of physical senses, but not upon psychological processes.
D) One of the most important factors that impact our ability to perceive is the sheer volume of sensory stimulation we receive.
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Page 16
Chapter 15: Criminal Trials, Appeals, and Other
Post-Conviction Remedies
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60 Verified Questions
60 Flashcards
Source URL: https://quizplus.com/quiz/17254
Sample Questions
Q1) Privileged communications protect confidential discussions in certain relationships in which we want to foster open,honest communications.The law usually recognizes all the following privileged relationships except:
A) attorney and client
B) clergy-member and penitent
C) brother and sister
D) lawfully-married husbands and wives
Q2) Certain types of delay are not counted toward the time periods specified in the Speedy Trial Act.These delays that are not counted are called ______________.
Q3) Explain how the right to a speedy trial depends on whether a formal accusation has been made.
Q4) Out-of-court statements are testimonial-and,therefore,are subject to the Confrontation Clause.
A)True
B)False
Q5) Describe the sequence of events that take place at trial.Begin with the opening statement and end at the point that the jury reads the verdict.
Page 17
Q6) Write a brief paragraph describing what takes place during voir dire.
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