Criminal Law and Procedure
Question Bank
Course Introduction
Criminal Law and Procedure examines the foundational principles and practices of criminal law, focusing on the substantive rules that define criminal conduct and the procedural steps involved from investigation through prosecution, trial, sentencing, and appeal. The course explores core topics such as elements of crimes, defenses, and constitutional protections, as well as the roles of law enforcement, prosecutors, defense attorneys, and the courts. Emphasis is placed on the interpretation and application of criminal statutes, due process rights, evidentiary standards, and landmark judicial decisions shaping the criminal justice system. Through case studies and practical scenarios, students gain insights into both the theory and practice of criminal law and the procedures designed to ensure fairness and justice.
Recommended Textbook
Criminal Procedure for the Criminal Justice Professional 12th Edition by John N. Ferdico
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15 Chapters
900 Verified Questions
900 Flashcards
Source URL: https://quizplus.com/study-set/1338
Page 2
Chapter 1: Individual Rights Under the United States
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60 Verified Questions
60 Flashcards
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Sample Questions
Q1) The privilege against self-incrimination applies to compelling a person to _____. A) appear in a lineup in which all individuals will read a standard script
B) furnish a blood sample which might match that of the perpetrator
C) make a statement which indicates they might be guilty
D) furnish their fingerprints for comparison with the perpetrators
Answer: C
Q2) Substantive criminal law establishes legal prescriptions and proscriptions, whereas procedural criminal law sets forth the mechanisms through which substantive criminal laws are implemented.
A)True
B)False
Answer: True
Q3) In some situations, a second trial for the same offense is permitted.
A)True
B)False
Answer: True
Q4) Law made by judicial interpretation of statutes and regulations is called _____________________ law.
Answer: common
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Chapter 2: Criminal Courts, Pretrial Processes, and the
Exclusionary Rule
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60 Verified Questions
60 Flashcards
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Sample Questions
Q1) Which statement most accurately describes the "inevitable discovery" exception to the exclusionary rule?
A) If the government can show that the discovery of the tainted evidence was inevitable, the evidence will be admissible, even though it was initially illegally obtained.
B) If the defense can show that the evidence was obtained in violation of the Constitution, that evidence is not admissible, even though the contested evidence would have been discovered by lawful means in the absence of police misconduct.
C) The exclusionary rule does not apply if the officer made an illegal search but later obtained a search warrant that particularly described the evidence seized.
D) If the inevitable discovery exception is to apply as an exception to the exclusionary rule, the government must show beyond a reasonable doubt that the contested evidence would have been discovered by lawful means.
Answer: A
Q2) A(n) ______________ is issued to a person accused of a crime to compel attendance at a criminal proceeding to answer to charges.
Answer: summons
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Chapter 3: Basic Underlying Concepts: Property, Privacy,
Probable Cause, and Reasonableness
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60 Verified Questions
60 Flashcards
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Sample Questions
Q1) The preference that a search and/or seizure be authorized by a warrant is based on the idea that _____.
A) judgments should be made by a neutral and detached individual B) police are not qualified to make probable cause determinations C) courts may force police to take action when they otherwise would not D) prosecutors may inadvertently encourage less than honest behavior
Answer: A
Q2) The cases of Aguilar v. Texas (1964) and Spinelli v. United States (1969) established a process for evaluating probable cause based on informant information. According to this test, the informant _____.
A) need not be judged as credible
B) cannot be a criminal
C) must have a "sufficient basis" for the knowledge D) must have personally perceived the information
Answer: C
Q3) Probable cause to search means that there is a __________ probability that contraband or evidence of a crime will be found in a particular place.
Answer: fair
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Chapter 4: Criminal Investigatory Search Warrants
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60 Verified Questions
60 Flashcards
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Sample Questions
Q1) An officer about to execute a search warrant has a sudden feeling that the occupants might resist, making the officer fearful. The officer has no facts or circumstances to support this belief. The most legally sound course of action would be to _____.
A) break in without notice
B) surreptitiously enter
C) still knock and announce
D) get permission from a supervisor to break in
Q2) Officers must follow knock and announce requirements even if they believe no one is in the premises to be searched.
A)True
B)False
Q3) Legal issues surrounding search and seizures typically fall under the ____ Amendment?
A) First
B) Fourth
C) Eight
D) Fifth
Q4) What is the purpose and rationale underlying the concept of an anticipatory search warrant?
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Chapter 5: Searches for Electronically Stored Information
and Electronic Surveillance
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60 Verified Questions
60 Flashcards
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Sample Questions
Q1) Many courts have upheld requirements that forensic analysis of the computers had to be conducted within 90 days of the physical search.
A)True
B)False
Q2) The Foreign Intelligence Surveillance Act does not require a showing of probable cause to believe that a crime has been or is being committed.
A)True
B)False
Q3) Although e-mail has replaced telephone communication in many spheres, it is not considered a 'wire communication' for purposes of Title III of the Wiretap Act.
A)True
B)False
Q4) Searches conducted using wiretaps, bugs, or other devices to overhear conversations or obtain other kinds of information are collectively referred to as __________ surveillance.
Q5) Computer __________ uses the scientific methods for the preservation, collection, and analysis of digital sources of information.
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Chapter 6: Administrative and Special Needs Searches
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60 Verified Questions
60 Flashcards
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Sample Questions
Q1) Police cannot legally gain access to a student's living quarters on a private university for the purpose of searching, even if they have permission of university administration, unless they have a warrant issued. Why is this statement true?
A) Because the search is conducted by police, the purpose is a criminal investigation.
B) Because the university is private, not public.
C) Because college and university students are afforded absolute protection from unwanted searches and seizures.
D) Because there is no distinction in Fourth Amendment law between private and public universities.
Q2) In the context of the Fourth Amendment, explain the differences between students who participate in extracurricular activities and those who do not participate in such activities.
Q3) Once an administrative search focuses on gathering evidence for a criminal prosecution, a criminal search warrant must be obtained or the search must satisfy an exception to the warrant requirement.
A)True
B)False
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8
Chapter 7: Arrests, Searches Incident to Arrest, and Protective Sweeps
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60 Verified Questions
60 Flashcards
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Sample Questions
Q1) In __________ v. United States, the Supreme Court clearly stated that an officer's ulterior motives do not invalidate the officer's conduct that is justifiable on the basis of probable cause to believe that a violation of law has occurred.
Q2) A police officer has arrested a woman in her car for driving while intoxicated. What may the officer search incident to the arrest:
A) the officer may search the passenger compartment of the car and any open or closed containers therein, as well as the arrestee.
B) the officer may search the passenger compartment of the car and any open containers therein but not the closed containers.
C) the officer may search the passenger compartment of the car but none of the containers without a warrant.
D) the officer may not search in the car.
Q3) The police may, in some situations, delay a search incident to arrest.
A)True
B)False
Q4) A search incident to arrest is authorized by __________.
Q5) What is meant by the term exigent circumstance? Provide an example.
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Chapter 8: Stops and Frisks
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60 Verified Questions
60 Flashcards
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Sample Questions
Q1) Explain the importance of the concept of "flight" - both in terms of establishing reasonable suspicion and in the context of making a determination about whether a person has been seized or not.
Q2) Define and give an example of a pretextual stop.
Q3) Generally speaking, ______________ is needed to support an anonymous tip and provide reasonable suspicion to justify an investigatory stop.
Q4) Officers may stop a person or a vehicle on the basis of which of the following?
A) police flyer and bulletin, but not a radio dispatch
B) bulletin and radio dispatch, but not a police flyer
C) radio dispatch and police flyer, but not a bulletin
D) a police flyer, bulletin, or a radio dispatch
Q5) A law enforcement officer's power to detain and question suspicious persons dates back to _____.
A) the common law of England
B) the Magna Carta
C) the Peelian Reforms
D) biblical times
Q6) Name some of the justifications given by the courts as to when a law enforcement officer can frisk a person.
Page 10
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Chapter 9: Consent Searches
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60 Flashcards
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Sample Questions
Q1) When is consent will generally be held to be involuntary?
A) the consenter is the subject of an investigative stop.
B) the consenter is under arrest.
C) the consenter is the subject of an illegal arrest.
D) the consenter is the subject of a full search.
Q2) The officer tells a driver, stopped for a lawful traffic violation, that if he wants to he can attempt to repair a brake light to avoid a ticket. The driver opens the trunk and attempts a quick repair but in so doing exposes an illegal weapon in the trunk. The officer seizes the weapon and arrests the driver. At the suppression hearing, how is the court likely to 'hold' the search?
A) invalid because the driver failed to give affirmative consent to opening the trunk.
B) invalid because the officer failed to warn the driver that he did not have to open the trunk.
C) valid because the driver's actions indicate voluntariness.
D) valid because the driver was not under arrest.
Q3) Provide at least two situations where a third-party may give consent to search property even though they are not the person against whose interest the search is being conducted.
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Chapter 10: The Plain View Doctrine and Special Needs Searches
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60 Verified Questions
60 Flashcards
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Sample Questions
Q1) If the contents of a container can be inferred from its outward appearance, distinctive configuration, transparency or other characteristic, the container may be ____________________ by law enforcement officers. If the officer has probable cause to believe items in the container constitute illegal contraband, the officer may seize the container along with these items.
Q2) The prior valid intrusion requirement means that the officer must have lawfully arrived at the place from which (s)he perceived the item to be seized.
A)True B)False
Q3) A police officer legally enters a place and observes what he believes to be stolen merchandise. The officer can pick the item up to more closely examine it and then make a determination as to whether the item is evidence of a crime.
A)True
B)False
Q4) The plain view doctrine is justified on the basis of police _____________________ and ____________________.
Q5) What is meant by a controlled delivery and why is it used?
Q6) Briefly describe the plain view doctrine.
Page 12
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Chapter 11: Search and Seizure of Vehicles and Containers
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60 Flashcards
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Sample Questions
Q1) 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
Q2) Officers driving behind a car observe the driver weaving across the double yellow line and apparently drinking from a can of beer. The officers are about to stop the driver when he turns into his driveway and parks the car in his garage. Given this scenario, the officers _____.
A) are too late to take any action
B) are too late to make a Carroll search but may arrest the driver
C) need a warrant or consent to search the vehicle
D) may make a Carroll search of the vehicle and arrest the driver
Q3) 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
Q4) A valid inventory search requires neither __________ nor a(n) __________.
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Page 13
Chapter 12: Open Fields and Abandoned Property
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60 Flashcards
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Sample Questions
Q1) Explain what limitations are involved regarding the use of mechanical or electronic devices to obtain plain view by law enforcement officials.
Q2) Reasonable expectation of privacy is not a consideration when determining the extent of curtilage.
A)True
B)False
Q3) Law enforcement officers may make warrantless observations into constitutionally protected areas such a home or the curtilage without entering the constitutionally protected area. Given this scenario, select the true statement.
A) Any observation made cannot violate the reasonable expectation of privacy of the person whose premises or activities are being observed.
B) These plain view observations cannot independently provide the necessary probable cause to obtain a warrant.
C) These observations can be made from the open fields or a public vantage point, but not from the air.
D) These observations can be made from the public vantage point or from the air, but not from open fields.
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14
Chapter 13: Interrogations, Admissions, and Confessions
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60 Verified Questions
60 Flashcards
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Sample Questions
Q1) Violations of Miranda rights produce fewer consequences compared to those that are normally triggered by other violations of constitutional criminal procedure rights. A)True
B)False
Q2) What is the Miranda Warning?
Q3) Miranda warnings are required to be given anytime a person is arrested. A)True B)False
Q4) Do Terry-type investigative stops and ordinary traffic stops require a Miranda warning by the police? Explain why or why not.
Q5) Both confessions and admissions are incriminating statements. A)True B)False
Q6) The __________ is a(n) exception to Miranda's usual warning requirements, where the need for answers to questions in situations posing a threat to society outweighs the need to protect the Fifth Amendment's privilege against self-incrimination.
Q7) The term "__________" is a broad term meaning simply any oral or written declaration or assertion.
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Chapter 14: Pretrial Visual Identification Procedures
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60 Verified Questions
60 Flashcards
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Sample Questions
Q1) A __________ error is a belief that events that were imagined were actually perceived.
Q2) Unarranged, spontaneous showups are considered impermissibly suggestive for constitutional law purposes.
A)True
B)False
Q3) In determining the admissibility of identification evidence, the most important factor is whether _____.
A) procedural due process rights were violated
B) substantive due process rights were violated
C) the evidence is reliable
D) police abuses were incidental or intentional
Q4) Given the causes of misidentification, the United States Supreme Court has held that identifications that occur under questionable circumstances should _____.
A) be reviewed carefully by the courts for admission
B) not be admitted in court
C) always undergo a pretrial discovery hearing process
D) be admitted regardless in court for a jury to decide the validity of same
Q5) Describe the differences between a lineup and a showup.
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Chapter 15: Criminal Trials, Appeals, and Postconviction
Remedies
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60 Verified Questions
60 Flashcards
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Sample Questions
Q1) Appellate determinations of either plain error or prejudicial error normally result in a conviction being overturned.
A)True
B)False
Q2) A motion for _____ basically asks the judge to dismiss the case because no reasonable jury could find the defendant guilty beyond a reasonable doubt in light of the insufficient evidence presented by the prosecution.
A) a new trial
B) judgment of acquittal
C) a judgment notwithstanding the verdict
D) revision or correction of sentence
Q3) What was the primary reason the U.S. Congress passed the Sentencing Reform Act of 1984?
A) to prevent states from implementing indeterminate sentencing
B) to address concerns over disparate sentencing
C) to enact the federal three-strikes law
D) to implement mandatory sentencing for the crime of treason
Q4) Write a brief paragraph describing what takes place during voir dire.
Q5) Explain the difference between determinate and indeterminate sentencing.
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