Introduction to Criminal Law Exam Preparation Guide
Course
Introduction
Introduction to Criminal Law provides students with a foundational understanding of the principles, purpose, and scope of criminal law within the legal system. The course examines the nature of crime, elements of criminal responsibility, and various categories of offenses, including crimes against persons, property, and the state. Students will analyze the development of criminal law, key legal concepts such as actus reus and mens rea, and the distinction between felonies and misdemeanors. Attention is also given to defenses, justifications, and excuses in criminal liability. Through case studies and critical discussions, students will gain insight into statutory interpretation and the evolving role of criminal law in society.
Recommended Textbook Criminal Evidence 8th Edition by Judy Hails
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Chapter 1: Introduction
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Q1) The prosecutor told the defense attorney the overage was due to a bank error and asked the judge to drop the charges.The defense attorney contacted the bank and learned that the information given to the prosecutor was wrong.Connie told her attorney that she closed her account before she wrote the check.Writing a check on a closed account is a more serious offense in the state where this occurred than writing a check with insufficient funds.
A)The defense attorney should tell the judge that he has discussed the case with the bank and agrees with the prosecutor's request to drop the charges.
B)The defense attorney should tell the judge that the prosecutor has inaccurate information but should not mention what Connie said about the closed account.
C)The defense attorney should tell the judge about the bank's error and that Connie admitted writing a check on a closed account.
D)The defense attorney should adamantly profess his client's innocence.
Answer: B
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3
Chapter 2: The Role of the Courts
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Q1) If an appellate court reverses a case based on insufficient evidence, the prosecutor:
A)can re-file the case based on his/her own discretion.
B)can re-file the case if it has evidence that was not admitted at the first trial.
C)can re-file the case as long as the new filing is based on lesser charges than the original case.
D)cannot re-file the case or file lesser included offenses.
Answer: D
Q2) Should Gwen file a Petition for Habeas Corpus
A)Yes, if the Petition for Habeas Corpus is granted the court will hold hearing and Gwen will be able to present all her evidence to a new jury.
B)Yes, if she wins the Petition for Habeas Corpus her conviction will be reversed.
C)No, she does not qualify for habeas corpus because she is in prison.
D)No, habeas corpus is used to challenge illegal confinement, not to reverse a conviction.
Answer: D
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4
Chapter 3: The Adjudication Process
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Q1) What is the purpose of a suppression hearing When is a suppression hearing usually held What occurs at a suppression hearing
Answer: The suppression hearing considers whether specific items of evidence will be admissible at trial.Most involve searches or confessions.Guilt is not considered.The defense usually requests a suppression hearing between the end of the preliminary hearing and the beginning of the trial.Both sides file legal briefs arguing their side of the issues prior to the hearing.Witnesses testify at the suppression hearing about the circumstances surrounding the seizure of the evidence or the interrogation that resulted in the confession.The defense usually calls the police officers involved.If the defendant testifies, the statements made at the hearing will not be admissible at trial.Other witnesses who observed the events in question may also be called.The attorneys make legal arguments to the judge after the witnesses have testified in an attempt to persuade him/her to rule in their favor.The judge normally takes the matter under submission; a written decision is given to the attorneys before trial begins.Many states provide for pre-trial appeals of the judge's decision on a suppression motion.
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Page 5
Chapter 4: Types of Evidence
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Q1) An example of corroborative evidence would be:
A)testimony of two witnesses whose description of the scene to almost identical.
B)a fact that is established by the use of a rebuttable presumption.
C)a fact that is established when the judge took judicial notice.
D)real (physical) evidence that supports the testimony of a witness.
Q2) When a piece of evidence is referred to as "material," "material" means:
A)it is relevant and more than remotely connected to the fact.
B)it is relevant to an important fact in the case.
C)the prosecution cannot win a conviction without this piece of evidence.
D)relevant and material are synonymous - any fact that is relevant is also material.
Q3) A judge can take judicial notice:
A)of any fact introduced at trial.
B)only if an attorney requests that the judge take judicial notice of a fact.
C)of any relevant fact that is "commonly known" in the scientific community.
D)judges can take judicial notice in civil cases but not criminal cases
Q4) Relevant evidence may be excluded if its probative value is substantially outweighed by the danger of misleading the jury.
A)True
B)False
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Chapter 5: Direct and Circumstantial Evidence
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Q1) The fact that Alice was a gourmet chef can be introduced as:
A)Circumstantial Evidence of Intent.
B)Circumstantial Evidence of Guilt.
C)Circumstantial Evidence of Ability to Commit the Crime.
D)Other Acts evidence.
Q2) The jury is allowed to consider the fact that the defendant previously threatened the victim:
A)whenever the defendant does not deny making the threat.
B)if the threat was made shortly prior to the crime and was very specific.
C)only if the threats can be confirmed by someone other than the victim.
D)only if the defendant had previously threatened other people.
Q3) The jurors decide how much weight to give individual pieces of evidence.
A)True
B)False
Q4) 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.
Q5) The character traits of the victim are irrelevant in a criminal trial.
A)True
B)False
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Chapter 6: Witnesses
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Q1) Will Becky be allowed to testify at trial
A)No, she is under the age of 7.
B)No, she is unable to give a verbal narrative of what happened.
C)Yes, as long as she can communicate with the jury.
D)Yes, crime victims are always allowed to testify at criminal trials.
Q2) An attorney is not allowed to call an expert witness if the jurors are capable of evaluating the evidence without the assistance of an expert.
A)True
B)False
Q3) Should Lonnie be allowed to testify about how fast the blue Ford was driving
A)Yes, he saw the car drive away.
B)Yes, he can testify that the car "laid rubber" but he cannot give an estimate of the vehicle's speed.
C)Yes he can because he sees many cars drive on that driveway every day.
D)No, only an expert witness can testify about how fast a car was going.
Q4) Children under 7 are never considered competent to testify at a criminal trial.
A)True
B)False
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Page 8
Chapter 7: Crime Scene Evidence and Experiments
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Q1) How can the prosecution authenticate the pubic hair recovered during the "rape kit" exam
A)Have an expert in hair identification testify about the unique characteristics only found in pubic hair.
B)Have an expert testify about mtDNA tests performed on the pubic hair.
C)Have the person who performed the "rape kit" exam of the victim testify about retrieving the hair and placing it in the evidence envelope.
D)Testimony from all of these individuals is necessary to authenticate the pubic hair.
Q2) At trial, the first step in laying the foundation for the introduction of a gun is to have someone:
A)identify the gun being introduced at trial and testify where it was found.
B)identify the gun being introduced at trial as the gun found in the possession of the defendant.
C)identify the gun being introduced at trial as the one the defendant used while committed the crime he/she is now charged with committing.
D)identify the gun and explain the results of tests they conducted on it.
Q3) Explain the importance of scientific evidence in criminal trials.
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Page 9
Chapter 8: Documentary Evidence, Models, Maps, and Diagrams
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Q1) The prosecution wants to introduce several checks drawn on Carl's personal checking account that bear Carl's signature to show that the signature on the allegedly forged will was not made by Carl.How can these signatures be authenticated
A)The checks can be used for this purpose only if someone testifies that they saw Carl sign them.
B)The checks can be used for this purpose only if a forensics document examiner testifies that they are authentic.
C)The jury can compare the checks to the will and decide if they were made by the same person.
D)The checks can be used only if the bank employee who witnessed Carl sign the signature card for the checking account testifies.
Q2) Stock market reports in the New York Times are not admissible to show the value of stock unless they are authenticated by employees of the New York Stock Exchange.
A)True
B)False
Q3) Explain the role of a forensic documents examiner in introducing documents in court.
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Page 10
Chapter 9: Hearsay and Its Exceptions
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Q1) The declarant is the person who originally made the statement.
A)True
B)False
Q2) The Former Testimony Exception to the Hearsay Rule allows a transcript of sworn testimony to be used at trial.This would apply to testimony taken at:
A)A preliminary hearing in the same case
B)Any criminal or civil proceeding in the same jurisdiction
C)A previous trial of the same defendant on any type of charges
D)All of these would qualify under the Former Testimony Exception to the Hearsay Rule
Q3) Will Kim be allowed to testify that Mike, a mutual friend, told her that Jerry told him that he planned to sell the painting for $1 million
A)Yes, Kim's statement falls under co-conspirator statements.
B)Yes, Jerry's statement is an admission.
C)No, what Jerry told Mike is double hearsay.
D)No, Kim lacks credibility because she is a co-conspirator.
Q4) Hearsay is admissible in court only if the declarant is unavailable to testify.
A)True
B)False
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Page 11
Chapter 10: Privileged Communications
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Q1) The clergy-penitent privilege is unique in that it has no exceptions.
A)True
B)False
Q2) Nearly all states give newspaper reporters a statutory right to refuse to testify about the source of information that he/she collected for a story which was not published.
A)True
B)False
Q3) A confidential conversation loses its status as privileged if the holder of the privilege voluntarily discloses the content of the conversation to someone not covered by the privilege.
A)True
B)False
Q4) The physician-patient privilege only applies if the patient sought the help of an M.D.for treatment of an existing illness.
A)True
B)False
Q5) The attorney-client privilege only applies to preparation of the case for trial. A)True
B)False
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Chapter 11: Developing Law of Search and Seizure
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Q1) Describe the process for obtaining a search warrant.
Q2) When are the police allowed to search people when executing a search warrant
A)police can thoroughly search everyone on the premises whenever they execute a search warrant
B)police can do a pat-down for weapons on every person present when they execute a search warrant
C)police can do a thorough search of people on the premises only if the warrant specifically authorizes the search of those individuals
D)police cannot search people when executing a search warrant unless they are arresting them
Q3) Can Officer Allen search Dan and Eric for weapons
A)Yes, search warrants include the right to search everyone present for weapons.
B)Yes, officers are allowed to conduct a search for their protection if they suspect people are armed.
C)No, officers may not conduct any type of search not specifically mentioned in the search warrant.
D)No, Dan and Eric may be detained but they cannot be searched.
Q4) List five exceptions to the Exclusionary Rule and explain why the Supreme Court created them.
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Chapter 12: Field Interviews, Arrests, and Jail Searches
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Q1) Explain an officer's rights based on Terry v.Ohio: (1) search a person; and (2) search a vehicle the person was in when stopped.
Q2) Did Officer Knight have the right to stop Jack for questioning
A)Yes, Officer Knight is allowed to stop anyone who is behaving suspiciously and verify that what they are doing is legal.
B)Yes, the specific facts that Officer Knight observed would lead any reasonable officer to believe that Jack was about to start a fight.
C)No, Officer Knight does not have the right to stop Jack unless a crime has occurred.
D)No, Officer Knight did not have probable cause to arrest Jack at the time he yelled at Jack to step back and put his hands up.
Q3) The right to use force is based on a "reasonable person." The reasonable person is:
A)the person who is about to use force
B)a person who never get emotionally involved
C)a person who in the same situation as the person in question
D)a person who was saw a video about the situation
Q4) Explain the Fourth Amendment standard for the use of force.
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Page 14
Chapter 13: Plain View, Consent, Vehicles, and Administrative Searches
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Q1) Police may search a car when it is stopped because there is reasonable suspicion the occupants are engaged in criminal activity:
A)Automatically
B)If there is reasonable suspicion there are weapons in the vehicle
C)Only if there is probable cause there are weapons in the vehicle
D)There is no right to search car when stop is based on reasonable suspicion
Q2) Consent given by a person with apparent authority over the area to be searched is valid.
A)True
B)False
Q3) The person who gives consent for a search can revoke the consent at any time. A)True
B)False
Q4) List three types of vehicle searches and distinguish these searches from similar situations not involving vehicles.
Q5) Explain the rules on obtaining administrative warrants.Distinguish this process from the one used to obtain the search warrant specifically mentioned in the Fourth Amendment.
Q6) Explain the rules for consent searches.
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Chapter 14: Usa Patriot Act, Foreign Intelligence, and Other Electronic Surveillance
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Q1) The Wiretap Act of 1968 was repealed by the USA PATRIOT Act.
A)True
B)False
Q2) The police do NOT need to obtain a warrant before equipping an undercover officer with a "body wire" that transmits conversations to a back-up team.
A)True
B)False
Q3) In order to obtain a warrant authorizing the use of a "pen register," the police must certify that:
A)information likely to be obtained is relevant in an ongoing criminal investigation.
B)if they use ordinary investigative techniques they will not be able to discover information needed in the investigation.
C)the phone line the device will be attached to belongs to an international crime ring.
D)All of these are necessary to obtain an authorization for a "pen register."
Q4) What activities does the Foreign Intelligence Surveillance Act (FISA) currently cover Contrast FISA with the Wiretap Act.
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Page 16
Chapter 15: Self-Incrimination
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Q1) State the Miranda warnings and explain the standard for a waiver.
Q2) Miranda warnings are required when officers stop and question a suspect based on reasonable suspicion.
A)True
B)False
Q3) Miranda warnings are required prior to both direct and indirect questioning of a suspect who is in custody.
A)True
B)False
Q4) The privilege against self-incrimination only applies to testimonial communication. A)True
B)False
Q5) Volunteered statements are admissible even though Miranda warnings were not given.
A)True
B)False
Q6) The Fifth Amendment can be used as grounds to refuse to give a voice exemplar. A)True
B)False
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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) What is the lowest level of suspicion that must be present for the police to take a person to the station to participate in a lineup
A)Police have the authority to detain people to participate in lineups based on their subjective opinions
B)Reasonable suspicion
C)Probable Cause
D)Proof beyond a reasonable
Q3) Discuss the defendant's Sixth Amendment rights during showups, lineups, and photographic lineups.
Q4) A photographic lineup consists of a group of pictures which the eyewitness is asked to look at and tell the officer if the suspect is in the group.
A)True
B)False
Q5) Does the Fifth Amendment apply to showups, lineups, and photographic lineups Explain.
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Chapter 17: Preparing the Case for Court
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Q1) The police officer in charge of the case should:
A)develop a method to keep track of all the evidence in the case.
B)rely on the prosecutor to keep track the evidence in the case.
C)use a database maintained by the lab that conducts tests on the evidence.
D)rely on each witness to keep track of evidence he/she will need in court.
Q2) The police should evaluate the evidence and only present the most favorable facts to the prosecutor.
A)True
B)False
Q3) If an item of evidence is not in the courtroom when a witness is testifying about it:
A)the judge is required to grant a recess so the attorney can bring it to the courtroom.
B)the attorney can be held in contempt of court for failing to bring the evidence at the time it is needed.
C)the witness will not be allowed to testify about the evidence.
D)the judge may rule that the item may not be admitted into evidence.
Q4) Explain what an officer should do to prepare for presenting the case to the prosecutor.
Q5) Explain the proper way officers should interact with jurors at the courthouse.
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