Criminal Law and Procedure
Final Exam Questions
Course Introduction
Criminal Law and Procedure introduces students to the foundational principles of criminal law, including the elements of criminal offenses, defenses, and the structure of criminal liability. The course examines the stages of the criminal justice process, from investigation and arrest through trial, sentencing, and appeals. Students explore both substantive and procedural aspects, focusing on constitutional protections, due process rights, and the roles of various legal actors. Case law analysis helps illustrate how laws are interpreted and applied in real situations, providing a comprehensive understanding of how society defines and addresses criminal behavior.
Recommended Textbook
Criminal Procedure 3rd Edition by Matthew Lippman
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856 Verified Questions
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Page 2
Chapter 1: An Introduction to Criminal Procedure
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Sample Questions
Q1) The criminal justice process is lengthy and, some may argue, arduous. Conceptually explain why this is so and why it is important.
Answer: Students should mention some of the following: an effort to create a system of criminal procedure that strikes a balance between the interests of society in investigating and detecting crime and in convicting criminals on one hand and the interest in protecting the right of individuals to be free from intrusions into their privacy and liberty on the other hand. Criminal procedure also seeks to achieve a range of other objectives, including accuracy, efficiency, public respect, fairness, and equality, all of which together promote the ultimate goal, which is to ensure justice.
Q2) The ability granted to police officers, prosecutors, judges, and juries to make independent decisions regarding the social interest in keeping a person in the criminal justice process is known as discretion.
A)True
B)False
Answer: True
Q3) The lowest level of the federal court system is made up of 94 _____. Answer: district courts
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Page 3
Chapter 2: The Sources of Criminal Procedure
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Sample Questions
Q1) A person who favors a strong central government yet supports only those rights clearly written in the Bill of Rights would most likely support which of the following approaches of incorporation?
A)Fundamental fairness
B)Fundamental principles
C)Total incorporation
D)Total incorporation plus
Answer: C
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) The first 10 amendments to the U.S. Constitution are known as the _____.
Answer: Bill of Rights
Q4) "Freestanding due process" is another term for which approach to incorporation?
Answer: fundamental fairness
Q5) How can the due process model of criminal procedure be summarized?
Answer: Purpose, formal procedures, determination of guilt.
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Chapter 3: Searches and Seizures
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Sample Questions
Q1) 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
Q2) Define the home, curtilage, and open fields as they apply to the Fourth Amendment and expectations of privacy. Why are the distinctions among these three important?
Answer: Students should define each concept and note how they differ from one another.
Q3) The level of the burden that must be satisfied to justify a stop depends on the _____.
A)experience level of the officer
B)level of interference with the individual's freedom
C)jurisdiction where the stop takes place
D)reason for which the individual has been stopped
Answer: B
Q4) The Fourth Amendment protects citizens from _____ searches and seizures.
Answer: unreasonable
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Chapter 4: Stop and Frisk
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Sample Questions
Q1) Explain how stop and frisk practices were historically implemented prior to Terry v. Ohio.
Q2) When determining what is the level of proof necessary for some action (e.g., probable cause, reasonable suspicion), which of the following are the two opposing factors that must be balanced against one another?
A)An officer's ability to prevent crime and the intrusion on citizen privacy
B)An officer's ability to prevent crime and the safety of nearby citizens
C)The severity of the offense in question and the intrusion on citizen privacy
D)The safety of nearby citizens and the intrusion on citizen privacy
Q3) When determining the reasonableness of a Terry stop, the facts must be judged in accordance to what a reasonable person would have believed. This is known as _____.
A)the average, reasonable person rule (or TARP rule)
B)the reasonable officer rule
C)the subjective standard
D)the objective standard
Q4) Officers are allowed to seize any contraband during a frisk.
A)True
B)False
Q5) The level of proof necessary to conduct a stop and frisk is _____.
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Chapter 5: Probable Cause and Arrests
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Sample Questions
Q1) As a general rule, defendants do not have a right to confront _____ at trial.
A)victims
B)witnesses
C)children
D)informants
Q2) Explain what may constitute probable cause.
Q3) 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
Q4) A hearing to determine whether an officer had probable cause when he/she engaged in a warrantless arrest is known as a _____.
A)post hoc warrant hearing
B)probable cause hearing
C)McLaughlin hearing
D)Gerstein hearing
Q5) When/why is a warrant unnecessary for the public arrest of individuals?
Q6) An alternative to an arrest for a misdemeanor offense is a/an _____.
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Chapter 6: Searches and Seizures of Property
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Q1) A rule established by the U.S. Supreme Court that is clearly established and defined (very "black and white") is known as a _____ rule.
Q2) The _____ permits the police to conduct warrantless searches of automobiles when there is probable cause to believe that the vehicle contains contraband or evidence related to criminal activity.
Q3) Give examples of both constitutional and unconstitutional knock-and-talk searches.
Q4) 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?
Q5) 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
Q6) Explain when it is reasonable for the police to break down the door to a home.
Q7) What is the purpose of an inventory, and why is warrant not required in order for one to be conducted?
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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) 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) Articulate the difference between and give examples of routine and nonroutine border searches and the differing levels of suspicion required by each.
Q4) Any evidence of criminal activity discovered during a lawful special-needs search can be seized and used as evidence in a criminal trial.
A)True
B)False
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9
Chapter 8: Interrogations and Confessions
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Q1) The U.S. Supreme Court has adopted which test to determine whether a custodial interrogation has taken place?
A)An objective test
B)A subjective test
C)A reasonableness test
D)The custody test
Q2) The state must show that a suspect _____ waived his/her Miranda rights, meaning that the suspect did not do so due to threats, tricks, or pressure.
Q3) When police interrogate a suspect using the "question first and warn later" technique, which statements are admissible at trial?
A)Any statements before and after the warning are admissible.
B)Only the statement after the warning is admissible.
C)The statement after the warning is admissible, if the suspect understands that the initial statements are not.
D)Neither set of statements is admissible.
Q4) Explain the three types of false confessors and give examples of each.
Q5) What are the four interrelated purposes of the voluntariness test?
Q6) According to Inbau, many criminal cases can only be solved through _____.
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Chapter 9: Eyewitness and Scientific Identifications
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Q1) The method of eyewitness identification in which neither the administrator nor the eyewitness is aware of the identity of the suspect is known as a/an _____
A)blind administration
B)double-blind administration
C)controlled administration
D)experimental administration
Q2) The U.S. Supreme Court has applied different rules for lineups before and after indictment and for photographic lineups. What are these rules? What are some of the legal arguments against some of these holdings, especially those where the right to counsel does not attach. Do you believe these criticisms to be valid? Why or why not?
Q3) Identify at least three steps that can be taken to minimize the possibility of bias in a photographic lineup. Explain how these steps can help reduce bias/misidentification.
Q4) "Lie detector" tests are know by the technical name _____.
Q5) Reliability is the central question in determining whether identification violates due process. Explain the six factors that are taken into consideration when making this determination.
Q6) Why should polygraph evidence be admissible or inadmissible at trial?
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Page 11
Chapter 10: The Exclusionary Rule and Entrapment
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Q1) According to past rulings by the U.S. Supreme Court, which of the following individuals has a reasonable (objective and subjective) expectation of privacy?
A)An individual who has placed items in a bag belonging to someone else
B)A passenger in an automobile who has stored items in the glove compartment
C)An individual who has rented a hotel room for the purpose of attending a business meeting
D)An overnight guest at the home of a friend
Q2) Under Sherman and Sorrells, what practices are likely prohibited under the objective test for entrapment?
Q3) Which of the following is true regarding any evidence seized as a result of unconstitutionally seized evidence is inadmissible at trial?
A)It is admissible in state court upon a showing of necessity.
B)It is inadmissible at trial.
C)It is admissible but only during jury deliberation.
D)It is inadmissible unless the prosecution requests its admission.
Q4) What is the difference between the subjective and objective tests for entrapment? Under which test is a defendant more likely to prevail?
Q5) Explain the process one might use to invoke the exclusionary rule.
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Chapter 11: Civil and Criminal Remedies for Constitutional Violations
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Q1) In order for an officer to be sued under § 1983, the officer must be acting under
Q2) One situation in which police have a duty to intervene is if an individual has been exposed to a danger and the police are at fault for that exposure.
A)True
B)False
Q3) Which is not a punishment that may be imposed by a chief of police?
A)Prison
B)Counseling
C)Fine
D)Demotion
Q4) Which amendment provides immunity for state governments and agencies from § 1983 suits?
A)First Amendment
B)Seventh Amendment
C)Ninth Amendment
D)Eleventh Amendment
Q5) Explain what an injunction is, its purpose, and the standard used when determining whether it is proper to be granted.
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Chapter 12: The Initiation of the Legal Process, Bail, and the Right to Counsel
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Q1) 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
Q2) Supreme Court Justice Jackson observed that the _____ is likely the most powerful person in the criminal justice system.
Q3) A defendant does not have a right to be represented by an individual who is not a member of the bar.
A)True
B)False
Q4) Preventive detention is designed to hold for trial all but which of the following?
A)Defendants who pose a risk to the community
B)Defendants who are deemed a flight risk
C)Defendants who cannot afford to post bail
D)Preventive detention is designed to hold all of the above.
Q5) In the same amendment that prohibits "cruel and unusual" punishment, one can find a provision barring "_____" bail.
Page 14
Q6) The prosecutor is a member of which branch of government?
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Chapter 13: The Courtroom: The Pretrial and Trial Process
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Q1) Should a prosecutor's peremptory challenges be challenged by the defense, the defense must first demonstrate how the prosecutor's actions are discriminatory by certain factors.
A)True
B)False
Q2) 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
Q3) In a clear case of jury nullification, how may a judge respond to correct it?
A)Declare a mistrial and order a new trial
B)Hold the jury in contempt
C)Order the jury to redeliberate
D)The judge can do nothing
Q4) Explain the dual sovereignty doctrine and give an example in which it would apply.
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15
Chapter 14: Sentencing and Appeals
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Q1) _____ is the purpose of punishment where punishment is used to remove offenders from society.
Q2) In order to successfully challenge a seemingly neutral law of possessing a discriminatory impact, it must be shown that the law _____.
A)was created with discriminatory intent
B)has a discriminatory impact
C)has both a discriminatory impact and intent
D)was used against a defendant in a discriminatory manner
Q3) Which of the following guidelines are mandatory rather than advisory?
A)State and federal sentencing guidelines
B)State sentencing guidelines only
C)Federal sentencing guidelines only
D)Neither state nor federal sentencing guidelines
Q4) _____ is the purpose of punishment where punishment is intended to reform offenders.
Q5) The burden of proof of a habeas corpus hearing rests on the petitioner.
A)True
B)False
Q6) _____ is the purpose of punishment based on the concept of just deserts.
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Q7) Explain the Three Strikes and You're Out Law and its unintended consequences.
Chapter 15: Counterterrorism
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Q1) In order to prevent a subject of a national security letter from discussing the investigation, the FBI may _____.
A)ask the subject to sign a nondisclosure agreement
B)impose a gag order on the subject
C)place surveillance on the subject
D)place the subject in protective custody
Q2) According to the 2006 amendment to the USA PATRIOT Act, the standard delay of notification of a sneak-and-peek search is set at _____.
A)12 hours
B)7 days
C)30 days
D)90 days
Q3) The USA PATRIOT Act allows noncitizens to be detained for how long without being charged with a criminal or immigration violation?
A)12 hours
B)7 days
C)30 days
D)Indefinitely
Q4) What is an enemy combatant for purposes of the CSRT process?
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