Criminal Procedure
Final Exam Questions
Course Introduction
Criminal Procedure explores the rules and principles governing the investigation, prosecution, and adjudication of criminal offenses, with a particular focus on the constitutional protections afforded to individuals in the criminal justice process. The course covers topics such as police powers, search and seizure, arrest procedures, pretrial rights, the right to counsel, bail, plea bargaining, trial procedures, and appeals. Students will examine key statutes and landmark Supreme Court decisions, emphasizing the balance between effective law enforcement and the protection of individual rights. Through case analysis and hypothetical scenarios, participants will develop a critical understanding of procedural safeguards in both federal and state criminal justice systems.
Recommended Textbook
Criminal Law and Procedure for the Paralegal 4th Edition by James W. H. McCord
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15 Chapters
674 Verified Questions
674 Flashcards
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Page 2
Chapter 1: Foundations of Criminal Law
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Sample Questions
Q1) Enumerated powers are those powers given to the states in the U.S.Constitution.
A)True
B)False
Answer: False
Q2) What is the purpose of criminal law?
Answer: The purpose of criminal law is to define,prevent,and punish criminal conduct.
Q3) The Tenth Amendment is the basis for the police powers held by the states and allows the states broad powers that include the power to determine what constitutes a crime and how it should be punished.
A)True
B)False
Answer: True
Q4) Many of the rights embodied in the Bill of Rights have been selectively incorporated and thus are applicable to the states as well as the federal government.
A)True
B)False
Answer: True
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3
Chapter 2: Administration of Criminal Justice and the Role
of the Paralegal
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Sample Questions
Q1) Defense counsel may attempt to undermine the testimony of a witness who the attorney believes is telling the truth
A)in all situations
B)if it is for the purpose of putting the state to its proof
C)if the prosecution appears to be winning
D)if the prosecution has undermined the testimony of a defense witness
Answer: B
Q2) Defense attorneys should not accept so many cases that they cannot give each client effective representation.
A)True
B)False
Answer: True
Q3) Federal law enforcement agencies include all except the
A)Federal Bureau of Investigation
B)Bureau of Alcohol,Tobacco,Firearms & Explosives
C)Bureau of Postal Inspection
D)Federal Emergency Management Agency
Answer: D
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Chapter 3: Components of a Crime
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Sample Questions
Q1) An _______________________________ is one who aids and abets the primary actor through encouragement or active involvement in the commission of a crime.
Answer: accomplice
Q2) What is the definition of general and specific intent and how do these two concept differ?
Answer: <b>General intent</b> refers only to the act itself and does not require that the results be intended.To be guilty of arson,a general intent crime,one only need have malicious intent to set the fire and not necessarily the intent to burn down the house.<b>Specific intent</b> refers to carrying out the act for the purpose of achieving the resulting harm.
Q3) Actus reus can include all except
A)words
B)omissions
C)status
D)possession
Answer: C
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Chapter 4: Crimes Against Persons and Crimes Against Habitation
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Sample Questions
Q1) Provocation in manslaughter includes all except A)insults
B)mutual combat
C)adultery
D)threat of deadly force
Q2) A capital murder charge requires the consideration of both aggravating and mitigating circumstances.
A)True
B)False
Q3) A dangerous weapon in aggravated assault and battery
A)must be an instrument commonly used as a weapon,such as a gun or knife
B)has to be under the defendant's control
C)qualifies if it is in the defendant's possession without being used
D)usually must be among those listed in the statute
Q4) The Unborn Victims of Violence Act established
A)criminal sanctions for abortion
B)that life begins at conception
C)the death penalty for harming a fetus
D)harming a fetus is a separate federal crime
Q5) What are three provisions of the Violence Against Women Act of 1994?
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Chapter 5: Crimes Against Property, public Order and
Safety, public Morals and Justice and Public Administration
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Sample Questions
Q1) _______________________________________ is a crime that involves computers as targets,tools and a vehicle to commit the crime.
Q2) Blackmail,also known as ______________________,is a form of larceny that puts the victim in danger of harm.
Q3) In most jurisdictions embezzlement can be committed only by someone who has a duty to another to act in their best interest.This person is called a A)arsonist
B)robber
C)bailee
D)fiduciary
Q4) Federal terrorism statutes were expanded by the A)PROTECT Act
B)Privacy Act
C)PATRIOT Act
D)Hate Crimes Prevention Act
Q5) The act of misappropriating property of another that has been left in your care or custody is called ___________________________.
Page 7
Q6) Why is obscenity so difficult to define in a legal context?
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Chapter 6: Incohate and Organized Crime
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Sample Questions
Q1) Impossibility is a defense to conspiracy.
A)True
B)False
Q2) What is the rationale behind the prosecution of inchoate crimes? What compensates for the lack of actual harm?
Q3) Conspiracy is the same as aiding and abetting.
A)True
B)False
Q4) The actus reus of solicitation is
A)an agreement
B)an overt act
C)words of inducement
D)there is no actus reus in solicitation
Q5) Laws against criminal gangs
A)are too vague to be constitutional
B)are usually patterned after RICO statutes
C)are upheld when they prohibit specific behavior
D)criminalize tattoos
Q6) What are the elements of a RICO conspiracy?
Q7) What is the last conspirator defense and how is it changing?
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Chapter 7: Defenses
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Sample Questions
Q1) List three factors that can be used to show predisposition in refuting an entrapment defense.
Q2) Alibi can be a missing element defense.
A)True
B)False
Q3) Double jeopardy is a criminal defense when
A)civil damages have already been paid
B)a defendant is charged twice for the same conduct,victim,and elements
C)two defendants face the same charges
D)one defendant is charged with two or more crimes at the same time
Q4) Consent of the victim is a defense in most violent crimes.
A)True
B)False
Q5) Entrapment is a defense most often used against charges of
A)violent crimes
B)fraud
C)consensual crimes
D)rape
Q6) Why is substantive due process an important constitutional protection?
Q7) What are the subjective and objective tests for reasonable self-defense?
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Chapter 8: Intake and Drafting the Complaint
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Sample Questions
Q1) Using the word alleged helps raise consciousness
A)that a complaint might not be filed
B)of the presumption of innocence
C)of the possibility of an error in the complaint
D)that the complainant's information is not believable
Q2) Most criminal incidents are reported directly to prosecutors by victims.
A)True
B)False
Q3) Prosecutors are members of
A)the executive branch of government
B)the judicial branch of government
C)the legislative branch of government
D)an agency independent of the other branches of government
Q4) After the complaint is drafted,correct procedure includes all of the following except
A)review by the prosecuting attorney
B)signature by the prosecuting attorney
C)filing with the judge
D)filing with the clerk of the court
Q5) What are the limits on prosecutors' decisions to bring criminal charges?
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Chapter 9: Search and Seizure: History, warrant
Requirements, legislative Development and the
Exclusionary Rule
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Sample Questions
Q1) A police search that violates the Fourth Amendment is the uninvited
A)observation from a sidewalk
B)entry into an apartment building foyer
C)entry into the front hallway of a house
D)observation from a porch
Q2) Before a search can be done,the existence of probable cause must be determined by the law enforcement official investigating the case.
A)True
B)False
Q3) An ___________________ is a written statement made by an individual who has sworn to tell the truth before an official legally authorized to administer an oath.
Q4) What must be shown to establish probable cause for an arrest warrant? For a search warrant?
Q5) Probable cause is
A)a preponderance of the evidence
B)proof beyond a reasonable doubt
C)clear and convincing evidence
D)more than a suspicion,less than justification for conviction
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Chapter 10: Search and Seizure: Exceptions to the Warrant Requirement
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Sample Questions
Q1) According to Minnesota v.Dickerson (1993),if a patdown reveals identifiable contraband it may
A)not be seized
B)be seized only with a warrant
C)be seized on the spot
D)be seized only if it was in plain view
Q2) What is the motor vehicle exception,why does it exist,what type of vehicles are included in this exception,and what justification must a police officer have to make such a search?
Q3) A search incident to arrest is limited to the area within the immediate grasp of the arrestee.
A)True
B)False
Q4) A search incident to an arrest can be done with which type of arrest?
A)an arrest made to protect police officers
B)an arrest made to prevent the destruction of evidence
C)any lawful arrest
D)an arrest involving a serious offense
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Q5) In order to validly consent to a search,that consent must be
Chapter 11: Confessions and Pretrial Identification
Procedures
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Sample Questions
Q1) Presence of counsel is required at
A)pre-Miranda questioning
B)photo identification procedures
C)lineups after indictment
D)emergency identification procedures
Q2) The right to counsel is stated in the Seventh Amendment.
A)True
B)False
Q3) In a coercive setting,delaying Miranda warnings to elicit a confession is
A)good police strategy
B)acceptable as long as the confession is repeated after the warning
C)acceptable only if an arrest has been made
D)a violation of the right to remain silent
Q4) Interrogation is
A)any question from a police officer
B)questioning of a witness at trial
C)questioning of a defendant at a preliminary hearing
D)police action intended to elicit an incriminating response
Q5) List five main points of the Miranda decision.
Q6) Summarize the decision in Chavez v.Martinez. Page 13
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Page 14
Chapter 12: Pretrial Initial Appearance to Preliminary Hearing
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Sample Questions
Q1) List three general types of conditions that are placed on defendants under supervised pretrial release.
Q2) Preliminary hearing questions should elicit information about the elements of the crime charged.
A)True
B)False
Q3) Pretrial detention is meant to be punishment for the crime.
A)True
B)False
Q4) Medical information release forms must conform to standards of A)HIPPO
B)HIPAA
C)PHIP
D)NLRB
Q5) A police records check requires only one quick Web site visit.
A)True
B)False
Q6) What is accomplished at the initial appearance?
Q7) What are the restrictions on interlocutory appeals?
Q8) Name and define three of the five types of pretrial release or bail. Page 15
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Page 16
Chapter 13: Pretrial: Grand Jury to Pretrial Conference
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Sample Questions
Q1) An in camera inspection of prosecution files for exculpatory evidence should be conducted when
A)discovery begins
B)the defense requests exculpatory evidence and the prosecution claims there is none
C)the defense establishes a basis to believe that exculpatory evidence exists
D)a motion for discovery is pending
Q2) List three grand jury tasks for the prosecution paralegal and three for the defense paralegal.
Q3) Before accepting a guilty plea,the judge does all except
A)determine whether the plea is knowingly given
B)determine whether the plea is voluntarily given
C)remind the defendant of the right to bail
D)ask the prosecution for the factual basis for the charge
Q4) List four tips for subpoena practice.
Q5) The final version of the indictment signed by the grand jury foreman is called a A)true bill
B)bill of particulars
C)information of charges
D)grand jury verdict
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Chapter 14: Trial Rights, procedure, tasks
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Sample Questions
Q1) It is not necessary for the defense to present any evidence.
A)True
B)False
Q2) Article III of the Constitution establishes the right to a jury trial.
A)True
B)False
Q3) Having a defendant in shackles at trial is
A)a violation of the presumption of innocence
B)a provision of Federal Rules of Criminal Procedure 26
C)a violation of the Second Amendment
D)a good strategy for the defense to gain the sympathy of the jury
Q4) Federal criminal trials may be televised.
A)True
B)False
Q5) The right of a defendant to be present at trial is based on procedural due process.
A)True
B)False
Q6) What is the importance of the right to confrontation?
Q7) List five sources of information about prospective jurors.
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Chapter 15: Sentencing,punishment and Review
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Sample Questions
Q1) What is the advantage and disadvantage of victim impact statements? What Supreme Court cases reflect each side?
Q2) Fines are reserved for insignificant offenses.
A)True
B)False
Q3) The federal system uses
A)indefinite sentences
B)indeterminate sentences
C)concrete sentences
D)definite sentences
Q4) The result of the Sentencing Reform Act of 1984 was
A)uniformity of sentencing among states
B)federal sentencing guidelines
C)more flexible sentencing
D)parole was declared unconstitutional
Q5) Defenses to forfeiture include
A)necessity
B)innocent owner
C)claim of right
D)legitimate business defense
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