Introduction to Criminal Law
Chapter Exam Questions
Course Introduction
Introduction to Criminal Law offers students a foundational understanding of the principles, purposes, and processes of criminal law within the legal system. The course examines the nature of crime, the elements required to establish criminal liability, defenses to criminal charges, and the classification of criminal offenses. Students will explore topics such as mens rea (criminal intent), actus reus (criminal act), and the distinction between felonies and misdemeanors. Through analysis of statutes, case law, and contemporary issues, the course provides essential knowledge for understanding how criminal laws are created, interpreted, and enforced within society.
Recommended Textbook
Criminal Evidence 8th Edition by Judy Hails
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Chapter 1: Introduction
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Q1) A criminal defense attorney must present every possible defense even though he/she believes a particular defense is frivolous.
A)True
B)False
Answer: False
Q2) A prosecutor is ethically required to give the defense all evidence that he/she has that tends to show that the accused may be not guilty.
A)True
B)False
Answer: True
Q3) The prosecutor has an ethical duty to:
A)make reasonable efforts to assure that the accused has been advised of the right to have an attorney present in court.
B)offer plea bargains to the defendant in person.
C)keep all evidence confidential until it is presented in court.
D)all of these
Answer: A
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Chapter 2: The Role of the Courts
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Q1) Police officers have qualified immunity from suit under the Civil Rights Act of 1871:
A)for all actions done in the line of duty.
B)only for actions mandated by state law.
C)for all actions done in good faith.
D)they do not have qualified immunity.
Answer: C
Q2) Discretionary appeals in criminal cases:
A)must allege that the initial appellate court abused its discretion in deciding the case.
B)can only be used to seek the reversal of a conviction.
C)are heard only if the justices of the higher court agree to consider the case.
D)are automatically filed after the direct appeal.
Answer: C
Q3) Proof beyond a reasonable doubt is required by Due Process in:
A)criminal trials.
B)civil trials.
C)both criminal and civil trials.
D)neither criminal nor civil trials.
Answer: A
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Chapter 3: The Adjudication Process
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Q1) Most juries in criminal cases are sequestered for the duration of the trial.
A)True
B)False
Answer: False
Q2) A judge can impose a sentence that is longer than the base sentence established by the legislature:
A)judge is allowed to use his/her discretion and do this in all cases
B)only if the jury found the facts used to determine the longer sentence were true
C)whenever state legislation gives the judge the authority to do so
D)never
Answer: B
Q3) If the defendant enters a plea of nolo contendere at the preliminary hearing the criminal court will treat it the same as a plea of guilty.
A)True
B)False
Answer: False
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Chapter 4: Types of Evidence
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Q1) An item of evidence introduced by the prosecution at trial has probative value if:
A)it proves a fact without the need for additional evidence.
B)it proves a fact with the use of an inference.
C)it makes it appear that a fact probably occurred.
D)it must do all of these in order to have probative value.
Q2) Something is "at issue" in a trial if it relates to:
A)any disputed element of a crime that is charged.
B)any act of the defendant after the allege crime occurred.
C)any other crime committed by the defendant.
D)any prior conviction of the defendant .
Q3) If the attorneys stipulate to a fact, no evidence will be introduced at trial about that fact.
A)True B)False
Q4) Explain the use of testimonial evidence.Give two (2) examples of testimonial evidence that do not involve a witness testifying during a trial.
Q5) All relevant evidence is admissible
A)True
B)False
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Chapter 5: Direct and Circumstantial Evidence
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Q1) In a jury trial, who determines if a witness is telling the truth
A)judge
B)jury
C)prosecutor
D)defense attorney
Q2) The jurors decide how much weight to give individual pieces of evidence.
A)True
B)False
Q3) At trial, character is introduced by:
A)a psychologist who specializes in behavioral disorders.
B)someone who is familiar with what people in the community say about the person in question.
C)the person in question testimonies about his/her own lifestyle.
D)character can be introduced by any of the above witnesses.
Q4) The defendant's offer to plead guilty is not admissible at trial.
A)True
B)False
Q5) Explain the rule about introducing evidence of the defendant's ability to commit the crime.Give three examples of evidence that can be used for this purpose.
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Chapter 6: Witnesses
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Q1) Any experienced gun collector can testify as a ballistics expert.
A)True
B)False
Q2) Witnesses who are impeached for lying while testifying are immediately removed from the stand.
A)True
B)False
Q3) Should Mike be allowed to testify
A)Yes, he can testify as a lay witness and describe what he saw.
B)Yes, he can testify as a law witness and give his opinion that Ian had mental problems.
C)No, only mental health professionals can testify when the defendant is trying to establish Not Guilty by Reason of Insanity.
D)No, the only information from clinical interviews is admissible when the defendant is trying to establish Not Guilty by Reason of Insanity.
Q4) Corroborative evidence merely restates what has already been introduced into evidence.
A)True
B)False
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Chapter 7: Crime Scene Evidence and Experiments
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Q1) A ballistics expert is used exclusively to determine if a bullet was fired from a particular gun.
A)True
B)False
Q2) It is now easier to have latent prints examined than it was 60 years ago because:
A)we now have more people who specialize in print comparison.
B)we have a larger data base to search.
C)computers can assist with the comparison.
D)all of these are correct
Q3) The purpose of an experiment is to:
A)determine what occurs under controlled conditions.
B)prove that an event can occur more than once.
C)produce evidence that will obscure the facts of the case.
D)All of these
Q4) To be admissible, an experiment must be conducted under the same conditions as those that existed at the time of the crime (or event in question).
A)True
B)False
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Chapter 8: Documentary Evidence, Models, Maps, and Diagrams
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Q1) In legal terms, "photographs" includes:
A)photostatic copies.
B)X-ray films.
C)electronic recordings.
D)all of these
Q2) Computer-generated animation is admissible in court only if it is based on photographs of the scene in question.
A)True
B)False
Q3) The prosecution wants to show that Hal under-reported the company's sales in order to qualify for bankruptcy.Can invoices be admitted under the Business Records Exception to the Hearsay Rule for this purpose
A)Yes because all records from a retail business qualify for the Business Records Exception to the Hearsay Rule.
B)Yes but only if the sales staff testify and authenticate each receipt.
C)No, the missing invoices indicate that the company's records are not trustworthy.
D)No, the Business Records Exception to the Hearsay Rule cannot be used in a criminal prosecution.
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Chapter 9: Hearsay and Its Exceptions
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Q1) Prior inconsistent statements are admissible to impeach and prior consistent statements can be used to rehabilitate a witness who has been impeached.Discuss the benefit of using these statements at trial versus the confusion they may cause the jurors.
Q2) A statement may be introduced as a declaration against interest only if the person who made the statement testifies at trial.
A)True
B)False
Q3) Explain how the Admissions Exception to the Hearsay Rule applies to statements by the Defendant.Explain how the Admission Exception to the Hearsay Rule applies to statements made by the defendant that are not covered by Miranda.
Q4) Some states allow police officers to testify to hearsay at the preliminary hearing even though the same testimony would be inadmissible hearsay at trial.Discuss the pros and cons of having an officer testify instead of the crime victim in light of the Former Testimony Exception to the Hearsay Rule.
Q5) The declarant is the person who originally made the statement.
A)True
B)False
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Chapter 10: Privileged Communications
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Q1) A privilege covers:
A)face-to-face conversations.
B)telephone calls.
C)messages sent by fax.
D)all of these.
Q2) Some states allow the wife to decide whether to invoke the privilege not to testify against a spouse but others vest the privilege in the husband.
A)True
B)False
Q3) An attorney who has had a privileged conversation with a client can be compelled to disclose:
A)names and dates of consultations
B)reason for the consultation
C)copy of retainer agreement
D)all of these
Q4) The clergy-penitent privilege applies to communications with the clergy regardless of the denomination's doctrines.
A)True
B)False
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Chapter 11: Developing Law of Search and Seizure
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Q1) Information supporting issuing a search warrant must be:
A)obtained by eye witnesses.
B)made under oath or affirmation.
C)Notarized.
D)all of these are required in order to obtain a search warrant
Q2) A search warrant for a house gives the police authority to search all closets and cabinets in the house.
A)True
B)False
Q3) List five exceptions to the Exclusionary Rule and explain why the Supreme Court created them.
Q4) Officers are exempt from the knock-and-announce procedure if they are executing a valid warrant in a commercial building.
A)True
B)False
Q5) Evidence seized in violation of the Fourth and Fifth Amendments may be used:
A)at a Grand Jury hearing
B)at a trial in civil court
C)at a parole revocation hearings
D)the evidence will be admissible at all of these proceedings
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Chapter 12: Field Interviews, Arrests, and Jail Searches
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Q1) A "citizen's arrest" can be made by anyone who observed a misdemeanor being committed.
A)True B)False
Q2) If a person in a car is arrested, officers may conduct a thorough search of the entire vehicle.
A)True B)False
Q3) Was the seizure of the cocaine legal
A)Yes, Officer Mertz is allowed to search Lonnie's fanny pack incident to arresting him.
B)Yes, Officer Mertz is allowed to search Lonnie's fanny pack because she had reasonable suspicion he was hiding more marijuana in it.
C)No, Officer Mertz is not allowed to search Lonnie's fanny pack unless he is arrested for a felony.
D)No, only the booking officer is allowed to search a fanny pack.
Q4) Explain a correctional officer's right to search a person and items in the person's possession: (1) at the time of booking; and (2) while the person is in jail.
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Chapter 13: Plain View, Consent, Vehicles, and Administrative Searches
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Q1) Police officers do not have to obtain a search warrant for a car if they have probable cause it contains contraband.
A)True
B)False
Q2) Building inspectors do not need to obtain warrants in order to inspect buildings and make sure that relevant codes are being complied with.
A)True
B)False
Q3) Under the Plain View Doctrine, officers may examine items to find serial numbers so they can check to see if they are stolen.
A)True
B)False
Q4) Police officers must advise suspects of their right to refuse to give consent. A)True
B)False
Q5) Explain the rules for consent searches.
Q6) If a car is legally impounded, the police may inventory its contents. A)True
B)False
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Chapter 14: Usa Patriot Act, Foreign Intelligence, and Other Electronic Surveillance
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Q1) Warrants to conduct physical searches under the Foreign Intelligence Surveillance Act apply to:
A)physically seizing documents.
B)reproducing documents.
C)alternation of information.
D)All of these can be authorized
Q2) "Roving" warrants can be issued under the Wiretap Act that are not restricted to one specific phone.
A)True
B)False
Q3) Secrets revealed to the police by a suspect's confidant are admissible under the Misplaced Reliance Doctrine.
A)True
B)False
Q4) The USA PATRIOT Act expanded the Wiretap Act of 1968 to include warrants for the seizure of:
A)voicemail stored on telephone company equipment.
B)records stored by Internet providers.
C)credit card numbers used to pay for telephone service.
D)all of these are all correct
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Chapter 15: Self-Incrimination
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Q1) Police violate the suspect's Miranda rights if they do not immediately obtain an attorney for the suspect when he/she asks for one.
A)True
B)False
Q2) The Fifth Amendment can be used as grounds to refuse to give a voice exemplar.
A)True
B)False
Q3) State the Miranda warnings and explain the standard for a waiver.
Q4) The first Miranda warning states: You have the right to remain silent.This right applies:
A)If you do not invoke the right to remain silent at the start of questioning you do not have the right to invoke it later If you waive the right to remain silent, you cannot invoke it again.
B)If you waive the right to remain silent, you have the right to invoke it at any time during police questioning.
C)The Fifth Amendment right to remain silent applies to questioning by federal agents but does not apply to actions by state law enforcement agents.
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Chapter 16: Identification Procedures
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Q1) The Due Process standard for lineups and showups is the same.
A)True
B)False
Q2) Due Process mandates that all of the participants in a lineup:
A)Have similar physical characteristics
B)Be under arrest
C)Have attorneys present
D)All of these are required to satisfy Due Process
Q3) Explain the following issues related to people who observe showups, lineups, and photographic lineups: actions of police and witnesses while observing the procedure; testimony in court regarding procedure; in-court identification of suspect.
Q4) Discuss the defendant's Sixth Amendment rights during showups, lineups, and photographic lineups.
Q5) Does the Fifth Amendment apply to showups, lineups, and photographic lineups Explain.
Q6) Probable cause is required in order to conduct a photographic lineup.
A)True
B)False
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Chapter 17: Preparing the Case for Court
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Q1) If the police want to talk to the defendant between the arraignment and the trial they:
A)may question the defendant as long as it is not done at the police station.
B)must have the prosecutor present during any contact with the defendant.
C)must call the defense attorney and arrange for a meeting with the defendant.
D)should contact the prosecutor and ask the prosecutor to contact the defense attorney.
Q2) The police should release information about the case to the media:
A)All facts of the case should be provided upon request
B)Facts should be stated accurately without making inflammatory statements
C)All facts of the case should be released except evidence that court has ruled is inadmissible
D)Police should not give information to the media
Q3) What steps should be taken to subpoena Kevin, the out-of-state witness
A)Ian should prepare a subpoena and sign it.
B)Judge in courthouse where trial will be held must approve the subpoena.
C)Judge in state where Kevin lives must approve the subpoena.
D)All of these steps are required for an out-of-state witness.
Q4) Explain what an officer should do to prepare for presenting the case to the prosecutor.
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