Criminal Law and Procedure
Mock Exam
Course Introduction
Criminal Law and Procedure provides a comprehensive overview of the foundational principles governing criminal liability, including the elements of major crimes, defenses, and the general structure of criminal statutes. The course delves into the procedural aspects of the criminal justice system, covering topics such as the investigation and prosecution of criminal offenses, constitutional protections for the accused, pre-trial motions, trial processes, sentencing, and post-conviction remedies. Through case law analysis and practical applications, students gain a thorough understanding of both substantive and procedural dimensions essential for navigating the criminal justice 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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Page 2
Chapter 1: An Introduction to Criminal Procedure
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61 Verified Questions
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Sample Questions
Q1) Which organization has the legal authority to interpret and apply the rules established in the U.S. Constitution?
A)The U.S. Congress
B)The U.S. Supreme Court
C)The U.S. president
D)State governors
Answer: B
Q2) List and explain some of the objectives of criminal procedure and why they are important.
Answer: Students should mention at least one of the following: accuracy, efficiency, respect, fairness, equality, adversarial, participation, appeals, and justice.
Q3) State constitutions are allowed to remove some of the rights granted by the U.S. Constitution.
A)True
B)False
Answer: False
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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60 Flashcards
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Sample Questions
Q1) Which of the approaches to incorporation is being used in the United States today?
A)Fundamental fairness
B)Total incorporation
C)Total incorporation plus
D)Selective incorporation
Answer: D
Q2) Why was the Fourteenth Amendment added to the constitution?
A)To establish the separate-but-equal policy in the United States
B)To establish that federal law took precedence over state law
C)To guarantee equal treatment and opportunity for African Americans
D)To guarantee women the right to vote
Answer: C
Q3) Which of the following is most likely to be a criticism leveled at the fundamental fairness doctrine by one who is supportive of total incorporation?
A)Fundamental fairness is unfair to ethnic minorities.
B)Fundamental fairness is unfair to women.
C)Fundamental fairness is too specific.
D)Fundamental fairness is too general.
Answer: D
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Page 4
Chapter 3: Searches and Seizures
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57 Verified Questions
57 Flashcards
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Sample Questions
Q1) Which of the following is not a feature that distinguishes curtilage from open fields?
A)Access
B)Enclosure
C)Function
D)Protection
Answer: A
Q2) Police are allowed to use a low-flying airplane to view into the curtilage, but not if they are also using a telephoto lens or some other vision enhancer.
A)True
B)False
Answer: False
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
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Chapter 4: Stop and Frisk
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Sample Questions
Q1) Which of the following is not one of the ways in which race can be considered by law enforcement officers?
A)Neighborhood "racial incongruity"
B)One aspect of an identification
C)One aspect of a profile
D)None of the above are allowed.
Q2) Due to the landmark case that established the test for such a stop, a stop and frisk is known in legal vernacular as a _____.
Q3) Which of the following is not considered a source of secondhand information?
A)Informants
B)Eyewitnesses
C)Officer observations
D)Police bulletins
Q4) In order to seize narcotics during a frisk, what test must be employed?
A)There must be no doubt that the item is a narcotic.
B)It must be immediately apparent that the item is a narcotic.
C)The officer must have probable cause to believe the item is a narcotic.
D)The officer must be reasonably certain the item is a narcotic.
Q5) What is a major limitation to the seizure of narcotics under the plain feel doctrine?
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Chapter 5: Probable Cause and Arrests
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Sample Questions
Q1) Why is Atwater v. Lago Vista significant?
A)This case held that deadly force could be used against any criminal suspect who disobeyed an officer's order.
B)This case held that all misdemeanors should be dealt with by issuing citations and hefty fines.
C)This case is significant for allowing states to continue to give police officers the choice whether to arrest individuals for minor offenses.
D)This case is significant because it outlined specific circumstances in which citations and custodial arrests must be made.
Q2) An arrest warrant is typically issued by a _____.
A)magistrate
B)prosecutor
C)police chief
D)none of the above
Q3) Only a trained judge/magistrate can issue an arrest warrant.
A)True
B)False
Q4) How may the legality of an arrest warrant be challenged?
Q5) What level of force may be used when an officer is making an arrest?
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Chapter 6: Searches and Seizures of Property
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59 Verified Questions
59 Flashcards
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Sample Questions
Q1) To pass constitutional muster, consent given to allow for a consent search must be all but which of the following?
A)Voluntary
B)Well informed
C)Not the result of coercion
D)Consent must be all of the above.
Q2) When arresting a suspect for a misdemeanor, the officer must have reasonable suspicion to believe the suspect is dangerous to conduct a search incident to arrest.
A)True
B)False
Q3) The U.S. Supreme Court has held what in regard to the search of a suspect's crotch area?
A)Consent to search a person includes any area of the body
B)Consent to search a person includes any outer area, but not the body cavities
C)Special permission must be obtained to search an individual's crotch area
D)Officers must obtain specific permission from the individual to search any body part
Q4) The area that may be searched via a search incident to arrest is known as the _____.
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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) 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) A warrant that authorizes the search of every building of a particular age or design is known as which of the following?
A)Blanket warrant
B)Block warrant
C)Modified warrant
D)Area warrant
Q4) Routine searches at the border can be conducted without reasonable suspicion using the _____.
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9
Chapter 8: Interrogations and Confessions
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Sample Questions
Q1) What has the U.S. Supreme Court held in regards to how clearly a suspect must invoke his Miranda rights? Use examples from the text (or other cases outside the text) to support your answer. How might these rulings affect police procedure when conducting interrogations? What, if anything, has the Court done to address any concerns on the part of the police and civil rights advocates?
Q2) 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
Q3) By what level of proof is the prosecution required to show that the defendant knowingly, voluntarily, and intelligently waved his/her Miranda rights?
A)Probable cause
B)Modified probable cause
C)Preponderance of the evidence
D)Reasonable suspicion
Q4) According to Inbau, many criminal cases can only be solved through _____.
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Page 10
Chapter 9: Eyewitness and Scientific Identifications
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55 Verified Questions
55 Flashcards
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Sample Questions
Q1) One common practice the court condemned in United States v. Wade was that of shining a slightly brighter light on the suspect than the other individuals in a lineup as a means of influencing the process.
A)True
B)False
Q2) List the three main provisions established by the Wade-Gilbert rule.
Q3) Which of the following methods of eyewitness identification is thought to produce the most accurate identification?
A)Lineups with each person speaking a phrase
B)Lineups without each person speaking a line
C)Photographic lineups
D)Sequential showups
Q4) Of the three stages of eyewitness identification, remembering what happened is also known as perception.
A)True
B)False
Q5) 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.
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Chapter 10: The Exclusionary Rule and Entrapment
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55 Verified Questions
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Sample Questions
Q1) According to the text, the exclusionary rule has led police departments to better train their officers and stress the importance of _____.
A)duty
B)oversight
C)professionalism
D)responsibility
Q2) The text lists several alternatives to the exclusionary rule. List some of these options and explain why you believe they would/wouldn't work. Can you come up with any alternatives?
Q3) When police seize evidence without a warrant, the burden of proof in regard to the admissibility of that evidence falls on the _____.
Q4) Evidence obtained by police forcing a suspect to vomit up swallowed evidence was ruled inadmissible at trial because the actions taken by police were said to have "_____ and violated the Due Process Clause of the Fourth Amendment."
Q5) In federal court, when entrapment is argued, the emphasis is placed on the actions of the government.
A)True
B)False
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Chapter 11: Civil and Criminal Remedies for Constitutional Violations
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Sample Questions
Q1) 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.
Q2) 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.
Q3) A § 1983 Section suit can be filed against _____.
A)any individual
B)any law enforcement officer
C)federal law enforcement officers
D)state law enforcement officers
Q4) The U.S. Supreme Court has held that when hiring potential law enforcement officers, local governments must thoroughly investigate their backgrounds so as to ensure safety of the citizens and to protect the government from a § 1983 suit.
A)True
B)False
Q5) Parole officers and probation officers are granted _____ from § 1983 suits.
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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) 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
Q2) A prosecutor who increases the charges or severity of the charges against an individual who has asserted his/her constitutional rights has engaged in _____.
A)discriminatory prosecution
B)ominous prosecution
C)selective prosecution
D)vindictive prosecution
Q3) The legal assumption that prosecutors honestly, fairly, and responsibly exercise their authority except where there exists clear evidence to the contrary is known as the _____.
A)blessing of the state
B)presumption of regularity
C)prosecutor's authority
D)prosecutorial trust principle
Q4) Supreme Court Justice Jackson observed that the _____ is likely the most powerful person in the criminal justice system.
Page 14
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Chapter 13: The Courtroom: The Pretrial and Trial Process
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Sample Questions
Q1) Which of the following is not a criticism put forth of the grand jury system?
A)The grand jury works closely with the prosecutor.
B)Laypersons lack the expertise to determine the existence of probable cause.
C)The defendant has no ability to challenge the facts presented by the prosecutor.
D)All of the above.
Q2) 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.
Q3) 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
Q4) During a probable cause hearing, it is to be determined whether there is a "_____" of the facts in question.
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Page 15
Chapter 14: Sentencing and Appeals
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Sample Questions
Q1) Explain what the right of allocution is and what a victim impact statement is. Do you think these in court processes are important? Why or why not?
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) Trial errors reviewed in an appeal are reviewed under the _____.
A)constitutionality standard
B)consumptive violation standard
C)harmless error standard
D)probable cause of damage standard
Q4) Mandatory drug laws are criticized for increasing the prison population.
A)True
B)False
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) 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
Q2) 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
Q3) In which case did the U.S. Supreme Court rule that all detainees held at Guantanamo are entitled to habeas corpus?
A)Boumediene v. Bush
B)Hamdan v. Rumsfeld
C)Hamdi v. Rumsfeld
D)Rasul v. Bush
Q4) What is an enemy combatant for purposes of the CSRT process?
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Page 17