Course Introduction
Criminal Law
Exam Materials
Criminal Law examines the foundational principles and rules governing conduct that is classified as crimes by society. This course covers the elements of major offenses, such as homicide, theft, and assault, as well as general doctrines like mens rea (criminal intent) and actus reus (criminal act). Students will explore defenses to criminal liability, the structure of the criminal justice system, and the philosophical and ethical underpinnings of criminal sanctions. Emphasis is placed on statutory interpretation, landmark cases, and the policy considerations behind the creation and enforcement of criminal laws.
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
61 Flashcards
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Sample Questions
Q1) What are the various types of judicial opinions that can be issued and that establish legal precedent?
Answer: Majority opinion (constitutes precedent), concurring opinion, plurality opinion, dissenting opinion, per curiam.
Q2) The U.S. Supreme Court derives its authority to create federal rules of criminal procedure from _____.
A)the president
B)the U.S. Congress
C)the U.S. Constitution
D)common law
Answer: B
Q3) State constitutions are allowed to provide more rights than are granted by the U.S. Constitution.
A)True
B)False
Answer: True
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 Verified Questions
60 Flashcards
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Sample Questions
Q1) Those supporting extending the Bill or Rights to the states with additional rights, such as health care, are supporting which approach to incorporation?
A)Fundamental fairness
B)Total incorporation
C)Total incorporation plus
D)Selective incorporation
Answer: C
Q2) In which constitutional amendment is the Due Process Clause?
A)First
B)Ninth
C)Fourteenth
D)Seventeenth
Answer: C
Q3) How can the crime control model of criminal procedure be summarized?
Answer: Purpose, informal procedures, determination of guilt.
Q4) Equal protection under the law is not found in the original U.S. Constitution due in large part to what common feature of life at the time?
Answer: slavery
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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 court-recognized category of police-citizen interaction?
A)Arrest
B)Detention
C)Investigative stop
D)Encounter
Answer: B
Q2) The Fourth Amendment holds that people shall be secure against unreasonable searches and seizures, meaning that searches and seizures must be carried out with the support of a warrant.
A)True
B)False
Answer: False
Q3) When does a Fourth Amendment seizure of a person occur?
Answer: A Fourth Amendment seizure occurs when a law enforcement officer detains an individual and restricts his or her freedom of movement
Q4) For which kind of police-citizen interaction do officers not need justification?
Answer: encounters
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Chapter 4: Stop and Frisk
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60 Verified Questions
60 Flashcards
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Sample Questions
Q1) If a suspect flees from the police, officers can consider that act when determining whether reasonable suspicion exists to perform a Terry stop.
A)True
B)False
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) About half of all state supreme courts have held that officers need reasonable suspicion to order a passenger out of a stopped vehicle.
A)True
B)False
Q4) Explain how stop and frisk practices were historically implemented prior to Terry v. Ohio.
Q5) The level of proof necessary to conduct a stop and frisk is _____.
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Page 6
Chapter 5: Probable Cause and Arrests
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60 Verified Questions
60 Flashcards
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Sample Questions
Q1) Police are allowed to enter a home and make an arrest without a search or an arrest warrant in order to prevent the imminent destruction of evidence.
A)True
B)False
Q2) An arrest is entered into an individual's criminal record, regardless of whether charges are filed.
A)True
B)False
Q3) When/why is a warrant unnecessary for the public arrest of individuals?
Q4) Which of the following is not considered a direct observation?
A)An officer hears but does not see a gunshot
B)An officer hears a suspect confess a crime
C)An officer hears a victim give a statement
D)An officer hears a suspect make an incriminating statement
Q5) An alternative to an arrest for a misdemeanor offense is a/an _____.
Q6) The standard by which probable cause is established varies depending on whether the warrant is for a search or for an arrest.
A)True
B)False
Page 7
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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) 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
Q2) 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.
Q3) Which of the following is not one of the standard justifications for allowing a warrantless search incident to arrest?
A)Maintain the safety of the officer
B)Maintain the safety of the suspect
C)Prevent the suspect from fleeing
D)Prevent the concealment of evidence
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8
Chapter 7: Inspections and Regulatory Searches
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60 Verified Questions
60 Flashcards
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Sample Questions
Q1) Special-needs searches are not conducted as a search to collect evidence of a specific crime, committed by a specific individual.
A)True
B)False
Q2) Which of the following is not a justification for warrantless searches of vehicles at driver checkpoints?
A)Drivers are informed of the checkpoints by signs as they approach so they aren't taken by surprise.
B)Drivers are surprised and subjected to unnecessary delay.
C)The stops are brief, and they minimize the stress and fear experienced by motorists.
D)Police do not single out particular motor vehicles for inspection.
Q3) Motor vehicle checkpoints can be established to search vehicles for smuggled narcotics.
A)True
B)False
Q4) Explain the evolution of the Court's approach to the rights of prisoners in correctional institutions ranging from the "hands-off" approach to Holt v. Hobbs.
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9
Chapter 8: Interrogations and Confessions
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Sample Questions
Q1) One common concern when it comes to confessions is that a suspect's IQ may be too low for him/her to fully appreciate the situation.
A)True
B)False
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) Once a suspect has invoked his/her Miranda rights, police may continue questioning the suspect _____.
A)after 24 hours have passed
B)if the suspect initiates contact with the police
C)if the suspect's attorney refuses to meet with the suspect
D)only once an attorney is present
Q4) What are the four interrelated purposes of the voluntariness test?
Q5) What is the difference between testimonial and nontestimonial evidence? Give examples of each.
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Chapter 9: Eyewitness and Scientific Identifications
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55 Verified Questions
55 Flashcards
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Sample Questions
Q1) The results from a polygraph tests are admissible in _____.
A)nearly every state
B)about half of the states
C)one state
D)none of the states
Q2) Why are suspects not entitled to legal representation at the showup following their arrest?
Q3) DNA was first used in criminal cases in which decade?
A)1940s
B)1960s
C)1980s
D)1990s
Q4) The test of scientific technique in which judges are asked to study the research and expert views to reach their own conclusions as to whether a technique will be applicable and helpful is known as the _____ test.
A)Daubert
B)Frye
C)Mahone
D)Merrell
Q5) "Lie detector" tests are know by the technical name _____.
Page 11
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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) Which is the leading case in regard to the independent-source exception to the exclusionary rule?
A)Murray v. State
B)Nix v. Williams
C)Silverthorne Lumber Company v. United States
D)United States v. Pardue
Q2) Which test for entrapment focuses on the predisposition of the defendant?
A)The subjective test
B)The objective test
C)The due process test
D)The reasonableness test
Q3) 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
Q4) Under Sherman and Sorrells, what practices are likely prohibited under the objective test for entrapment?
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Chapter 11: Civil and Criminal Remedies for Constitutional Violations
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55 Verified Questions
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Sample Questions
Q1) A violation of which of the following will not allow a victim to file a § 1983 action against an officer?
A)The U.S. Constitution
B)A state constitution
C)A federal law
D)A victim may file a § 1983 action for a violation of any of the above.
Q2) Explain what an injunction is, its purpose, and the standard used when determining whether it is proper to be granted.
Q3) An allegation against the police investigated by internal affairs will be ruled not sustained if the evidence does not sufficiently clearly prove or disprove the allegation.
A)True
B)False
Q4) A court order that directs an individual or government to stop an unlawful activity is known as a/an _____.
Q5) Parole officers and probation officers are granted _____ from § 1983 suits.
Q6) In order for an officer to be sued under § 1983, the officer must be acting under _____.
Q7) Prosecutors and judges 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) The defendant is informed of the charges against him/her during the probable cause hearing.
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) Which of the following does not occur at the initial appearance?
A)The defendant is informed of his/her right to counsel.
B)The defendant is informed of his/her right to pretrial release.
C)The defendant is informed of his/her right to a speedy trial.
D)The defendant is informed of his/her right of postconviction appeals.
Q4) The first appearance is triggered by the filing of a complaint, which is a sworn statement by the prosecutor charging the defendant with a specific offense. What are the four primary purposes of the initial appearance and why is each important?
Page 14
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Chapter 13: The Courtroom: The Pretrial and Trial Process
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Sample Questions
Q1) The purpose of a preliminary hearing is to _____.
A)inform the defendant of the charges
B)formally indict the suspect
C)determine if the defense is ready to proceed to trial
D)determine if there is sufficient evidence to charge the suspect
Q2) The remedy for a violation of the right to a speedy trial is which of the following?
A)Reversal of the conviction
B)Dismissal of the charges
C)Restitution
D)An automatic appeal process
Q3) Should a defendant fear he/she may not be able to obtain a fair trial due to extensive media coverage, he/she would likely file a motion for _____.
A)a change of representation
B)a change on venue
C)discovery
D)suppression of evidence
Q4) The American trial system is inquisitorial in design.
A)True
B)False
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Chapter 14: Sentencing and Appeals
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Sample Questions
Q1) Most states view the prohibition against cruel and unusual punishment as a concept that evolves with time.
A)True
B)False
Q2) Which of the following sentences has not been deemed cruel and unusual via the Eighth Amendment?
A)Branding
B)Flogging
C)Hanging
D)Whipping
Q3) _____ is the purpose of punishment where punishment is intended to reform offenders.
Q4) Which of the following is not contained within a presentence report?
A)Aggravating and mitigating circumstances
B)Financial information
C)Criminal history
D)The thoughts and impressions of the jury in the criminal trial
Q5) The various states have granted different levels of discretion to judges in regard to how they may or may not sentence defendants. List, define, and explain these sentencing schemes.
Page 16
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Chapter 15: Counterterrorism
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55 Verified Questions
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Sample Questions
Q1) In order to issue a material witness warrant, the government must establish evidence of the subject's flight risk to a "near certainty."
A)True
B)False
Q2) So-called sneak-and-peek searches have typically been used to investigate homicide.
A)True
B)False
Q3) 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
Q4) What is the relationship between FISA and the USA PATRIOT Act? What is the purpose of the USA PATRIOT Act and how is it achieved?
Q5) The prohibition of communication between criminal investigator and intelligence agents, struck down by the USA PATRIOT Act, is known as _____.
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