Criminal Procedure Exam Review
Course Introduction
Criminal Procedure is a foundational course that examines the rules and principles governing the investigation and prosecution of crimes within the criminal justice system. This course covers constitutional protections afforded to individuals, including search and seizure, arrest procedures, the right to counsel, interrogation and confessions, and the exclusionary rule. Students will analyze landmark Supreme Court decisions, understand the roles of law enforcement, prosecutors, defense attorneys, and courts, and explore the practical application of procedural safeguards designed to ensure fairness and justice throughout the criminal process.
Recommended Textbook
Criminal Law 1st Edition by John L. Worrall
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13 Chapters
807 Verified Questions
807 Flashcards
Source URL: https://quizplus.com/study-set/2168
Page 2
Chapter 1: The Basics of Criminal Law
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60 Verified Questions
60 Flashcards
Source URL: https://quizplus.com/quiz/43254
Sample Questions
Q1) List all of the court levels in the United States and discuss the jurisdiction and responsibilities of each. Which court is the highest court in the land?
Answer: Should include the listing of each local (city and county) court, state courts, and federal courts, as well as the jurisdiction of each and the identification of the Supreme Court as the highest court in the land.
Q2) How many federal district courts are there in the U.S.?
A)10
B)89
C)92
D)94
Answer: D
Q3) _____________ is a private wrong or injury, for which a court will provide a remedy in the form of an "action," or a lawsuit, between the two parties.
Answer: A TORT
Q4) An ________________ is the rationale for an appellate court's decision subscribed to by the majority of judges or justices, usually authored by one judge or justice.
Answer: opinion
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3
Chapter 2: Limitations on the Criminal Law
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59 Verified Questions
59 Flashcards
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Sample Questions
Q1) The bedrock principle underlying the First Amendment is that the government may prohibit the expression of an idea because the majority of society finds the idea offensive.
A)True
B)False
Answer: False
Q2) In <i>Blockburger v. United States</i>, the ____________ _________developed a test that states that "[w]here the same act or transaction constitutes a violation of two distinct statutory provisions, the test to be applied to determine whether there are two offenses or only one, is whether each requires proof of an additional fact, which the other does not."
Answer: Supreme Court
Q3) The Supreme Court decided in favor of the state in Solem v. Helm with a ruling that the verdict was not cruel and unusual punishment.
A)True
B)False
Answer: False
Q4) ____________ is a law that criminalizes conduct without the benefit of a trial.
Answer: Bill of attainder
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Chapter 3: The Elements of Criminal Liability
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63 Verified Questions
63 Flashcards
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Sample Questions
Q1) Which crimes are complete when the criminal act and criminal intent concur and there is no requirement for resulting harm?
A)Conduct
B)Action
C)Heinous
D)Assaultive
Answer: A
Q2) List and define the culpable mental states required to develop probable cause that a person committed a crime. Discuss why each mental state determines what level of sanction will be levied against an accused.
Answer: Intentionally, knowingly, willingly, recklessly, and negligence, sanctions for punishment that fits the crime.
Q3) ?????????????__________________ is when the consequences of a person's actions are desired.
Answer: Direct intent
Q4) __________________ exists when the defendant claims to misunderstand the law as it applies to the specific circumstances.
Answer: Mistake of law
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Chapter 4: Justification Defenses
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Sample Questions
Q1) In general, people are authorized to use spring guns or any other mechanical device of the sort based on the rules applicable to protecting one's domicile.
A)True
B)False
Q2) At common law, the victim of an unlawful arrest could use as much force necessary to resist an illegal arrest with the exception of _________________.
Q3) A person intentionally shoots another person. The victim dies. However, the prosecution fails to prove that the suspect intended to kill the victim. The suspect will be set free.
A)True
B)False
Q4) What is a defendant's acquittal as the result of the prosecution failing to prove one or more of the elements of the crime or leaving reasonable doubt in the mind of the jury?
A)Failure of proof defense
B)Failure of defense
C)Failure of proof affidavit
D)None of the above
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6
Chapter 5: Excuse Defenses
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Sample Questions
Q1) A person who is coerced or accidentally ingests an intoxicant is considered to be involuntarily intoxicated.
A)True
B)False
Q2) What does it mean if, during a trial, evidence is introduced that leads the jury to believe that the suspect was temporarily not responsible for his or her actions?
A)The suspect may have been temporarily insane.
B)The suspect's physical impairment because of the intoxication caused crime.
C)The suspect's body weight versus the rate of consumption caused the crime.
D)None of the above.
Q3) Intoxication is formally defined as a "disturbance of mental or physical capacities resulting from the introduction of any substance into the body."
A)True
B)False
Q4) The entrapment defense is based on the belief that someone should not be convicted of a crime that the government instigated.
A)True
B)False
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Chapter 6: Complicity and Vicarious Liability
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Sample Questions
Q1) ________________ applies to one who assists in the commission of a criminal act, who may choose to withdraw from the collaborative effort or otherwise choose not to participate in the crime.
Q2) The accomplice's <i>mens rea </i>must match the _____________ of the underlying offense.
Q3) Define vicarious liability and compare it with accomplice liability. Evaluate the two conditions that make vicarious liability different from accomplice liability. Analyze corporate vicarious liability and evaluate the influence from deferred prosecution agreements and civil law developments.
Q4) What does the Model Penal Code does use to define the common law terms <i>accessory or principal</i>?
A)One who acts in the same accord as the principal
B)One who solicits another to commit an offense
C)One who forces another to commit an offense
D)None of the above
Q5) Discuss the term actus reus and evaluate the relevance of this term to a person who assists a principal in the commission of a crime. Analyze the three means by which assistance to commit a crime is typically provided. What role does each play in assisting in the commission of a crime?
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Chapter 7: Inchoate Crimes
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Sample Questions
Q1) ______________ is a requirement in some states that defendants have a corrupt motive in order to commit the crime of conspiracy.
Q2) What rule allows that the defendant can be charged both with the crime of conspiracy and the completed offense?
A)Pinkerton rule
B)Smith rule
C)Conspiracy rule
D)Complicity rule
Q3) A suspect shooting a person who is already dead is an example of "hybrid legal impossibility."
A)True
B)False
Q4) What is an agreement that is entered into with an evil purpose in order to commit the crime of conspiracy?
A)Non-motives Doctrine
B)Felony motives Doctrine
C)Corrupt Motives Doctrine
D)None of the above
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Chapter 8: Homicide
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Sample Questions
Q1) Criminal Negligence Manslaughter and Criminal Act Manslaughter are two types of what type of offense?
A)Voluntary manslaughter
B)Involuntary manslaughter
C)Second-degree murder
D)None of the above
Q2) The common law "year-and-a-day" rule is still followed in U.S. courts today.
A)True
B)False
Q3) Most jurisdictions continue to retain the common law definition of the beginning of life, but Massachusetts and several other states have begun to treat viable fetuses as
Q4) What term applies to someone who acts when his or her emotions are running high and such actions lead that person to extreme violence?
A)Sudden extreme emotion
B)Sudden extreme anger
C)Sudden heat of passion
D)None of the above
Q5) Discuss felony murder and analyze the limitations of felony murder.
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Chapter 9: Assaultive Offenses
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Sample Questions
Q1) What was the sentence given to offender Anthony Ireland subsequent to his conviction by the Superior Court, Fresno County, California in People v. Ireland?
A)100 years
B)25 years
C)100 years, with four consecutive sentences of 25-years-to-life
D)50 years
Q2) Sam is working his typical racket of picking victims pockets and purses during concerts at the local convention center. However, one victim notices Sam's slight of hand and attempts to close her purse to secure the personal property within. Sam reacts by grabbing the purse with his other hand and threatening to stab the victim unless she lets Sam take the purse. A security guard sees the scuffle and takes Sam into custody. Sam may be charged with __________________.
Q3) Rape shield laws restrict the admissibility of the victim's past sexual history during a trial.
A)True
B)False
Q4) Inappropriate touching, forced kissing, indecent exposure, and a variety of other acts may constitute ______________.
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Page 11
Chapter 10: Property Damage and Invasion
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70 Flashcards
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Sample Questions
Q1) The mens rea for arson varies by statute, but typically requires what element?
A)Reckless conduct without intent
B)Negligent conduct without intent
C)Intent and knowledge
D)None of the above
Q2) John sees some appealing watermelons in a pasture along the highway. However a five-foot high, barbed-wire fence blocks any entry to outsiders. John ignores the obstacles, climbs the fence, retrieves a beautiful watermelon, and returns to his vehicle, driving away with prize in hand. What charges may be filed against John?
A)Criminal mischief
B)Trespassing
C)Illegal entry
D)None of the above
Q3) Some states include special statutes designed to prevent criminal mischief, theft, or other illegal acts after dark and before sunrise in _______________.
Q4) In the State of Texas, if a person who has to climb a fence to enter property without the owner's permission may be charged with ___________________.
Q5) One of the primary cybercrime uses of the computer is ________________.
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Chapter 11: Theft and Analogous Offenses
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Sample Questions
Q1) The mens rea of larceny requires intent to permanently deprive the owner/possessor of the property.
A)True
B)False
Q2) What is blackmail, which consists of taking another's property by threats of future harm?
A)Embezzlement
B)Fencing
C)Extortion
D)None of the above
Q3) The key element of extortion or blackmail is the threat of future harm.
A)True
B)False
Q4) George took an antique saddle from Sallie's home, but left Sallie cash that covered the value of the saddle. Since he did not intend to deprive Sallie of the value of the saddle George is not guilty of a crime.
A)True
B)False
Q5) The trespass element of larceny stems from the Latin term _________________.
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Chapter 12: Public Order, Morality, and Vice Crimes
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Sample Questions
Q1) ____________________ was the federal government's first effort to criminalize opium and cocaine.
Q2) According to the laws in every state, anyone under the age of ______________ is prohibited from purchasing, possessing, and/or consuming alcohol.
Q3) What do complicity, primary offender, and accomplice have to do with riots, unlawful assembly, gang activity, and rout? Discuss the differences between riots and unlawful assembly.
Q4) Which of the following is one of the offenses that fall under the category of Public Order Crimes?
A)Riots
B)Unlawful assembly
C)Certain gang activity
D)All the above
Q5) What law addresses Internet Child Pornography and has been upheld by the U.S. Supreme Court?
A)Child Pornography Act (CPA.
B)Child Health Incident Legal Development (CHILD)
C)PROTECT Act
D)None of the above
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Chapter 13: Terrorism and Offenses Against the State
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60 Flashcards
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Sample Questions
Q1) What is advocating, or with knowledge of its contents knowingly publishing, selling, or distributing any document which advocates, or with knowledge of its purpose, knowingly becoming a member of any organization, which advocates the overthrow or reformation of the existing form of government by violence or unlawful means?
A)Treason
B)Sedition
C)Tyranny
D)None of the above
Q2) __________________ refers to altering the underlying conditions that terrorists use to justify their attacks.
Q3) Congress has authority to regulate certain types of conduct that take place beyond the territorial borders of the United States.
A)True
B)False
Q4) The U.S. Supreme Court has held that the Fifth and Sixth Amendment rights of due process and access to jury trials apply to _______________.
Q5) ____________________ is the only crime defined in the U.S. Constitution, Article III, Section 3.
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