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Introduction to Criminal Law Practice Questions - 856 Verified Questions

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Introduction to Criminal Law Practice Questions

Course Introduction

Introduction to Criminal Law provides students with a foundational understanding of the principles and concepts governing the criminal justice system. This course explores the definitions and classifications of crimes, the elements required for criminal liability, and the distinctions between felonies, misdemeanors, and infractions. Students will examine the roles of criminal statutes, the underlying purposes of punishment, and key defenses used in criminal cases. Emphasis is placed on case law analysis, statutory interpretation, and the procedural aspects of prosecuting and defending criminal cases, fostering a critical appreciation for how criminal law functions within society.

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Criminal Procedure 3rd Edition by Matthew Lippman

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15 Chapters

856 Verified Questions

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Chapter 1: An Introduction to Criminal Procedure

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Sample Questions

Q1) State constitutions are allowed to provide more rights than are granted by the U.S. Constitution.

A)True

B)False

Answer: True

Q2) Which of the following is the most common repercussion for a law enforcement officer who violates internal police regulations?

A)The officer will face criminal charges.

B)The officer will be sued civilly.

C)The officer will be removed from the agency.

D)The officer will face internal disciplinary measures.

Answer: D

Q3) Give three examples of differences between law in action and law on the books.

Answer: Defendants may choose to plead guilty, waive their constitutional right to challenge an unlawful search, or waive their right to be tried before a jury. Defense attorneys may not vigorously defend their clients. Prosecutors may choose to charge some defendants with criminal offenses while dropping the charges against other defendants charged with the same crime.

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Chapter 2: The Sources of Criminal Procedure

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Sample Questions

Q1) In which constitutional amendment is the Due Process Clause?

A)First

B)Ninth

C)Fourteenth

D)Seventeenth Answer: C

Q2) Powell v. Alabama, also known as the Scottsboro Boys case, was a major turning point in the change of focus from fundamental fairness to total incorporation.

A)True

B)False Answer: False

Q3) A person who believes in the federalist notion of states' rights would most likely support which of the following approaches of incorporation?

A)Fundamental fairness

B)Fundamental principles

C)Total incorporation

D)Total incorporation plus Answer: A

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Chapter 3: Searches and Seizures

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Sample Questions

Q1) The level of the burden that must be satisfied to justify a stop depends on the

A)experience level of the officer

B)level of interference with the individual's freedom

C)jurisdiction where the stop takes place

D)reason for which the individual has been stopped

Answer: B

Q2) When does a police-citizen interaction not constitute a seizure?

Answer: The police may engage in informal contacts or encounters without being required to meet the probable cause or reasonable suspicion standard. This provides the police with the flexibility to engage in criminal investigations without being required to satisfy the probable cause or reasonable suspicion requirements of the Fourth Amendment.

Q3) What level of expectation of privacy does an individual have for abandoned property?

Answer: no expectation

Q4) For which kind of police-citizen interaction do officers not need justification?

Answer: encounters

Q5) The Fourth Amendment protects citizens from _____ searches and seizures.

Answer: unreasonable

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Chapter 4: Stop and Frisk

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Sample Questions

Q1) In Terry v. Ohio, the U.S. Supreme Court found the detective's actions reasonable because after the defendants engaged in a series of innocent acts, they then engaged in one overtly criminal act, which aroused the detective's suspicions.

A)True

B)False

Q2) Probable cause has been defined by the Court as those actions that "warrant a man of reasonable caution in the belief that the action taken was appropriate."

A)True

B)False

Q3) Explain the totality of the circumstances test used to determine whether an anonymous tip is credible.

Q4) Race can be considered when using a profile, as long as it is one of many factors used.

A)True

B)False

Q5) During a Terry stop, a suspect cannot be locked in a police car.

A)True

B)False

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Chapter 5: Probable Cause and Arrests

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Q1) An alternative to an arrest for a misdemeanor offense is a/an _____.

Q2) An arrest is entered into an individual's criminal record, regardless of whether charges are filed.

A)True

B)False

Q3) Only a trained judge/magistrate can issue an arrest warrant.

A)True

B)False

Q4) When/why is a warrant unnecessary for the public arrest of individuals?

Q5) What level of force may be used when an officer is making an arrest?

Q6) Which of the following is required for the police to act on a tip from an informant?

A)Independent corroboration

B)The name of the informant

C)The basis of the informant's information

D)None of the above

Q7) Police may make a warrantless arrest if they reasonably believe that to fail to do so would place the public safety in jeopardy.

A)True

B)False

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Chapter 6: Searches and Seizures of Property

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Sample Questions

Q1) In which of the following scenarios is it most likely that voluntary consent to submit to a search will be found?

A)An officer asks a suspect six times for permission before he grants it

B)A suspect refuses to answer an officer's request for permission but then does not object when the officer searches his bag

C)Police interrogate an elderly suspect for 12 straight hours before asking once for permission to search and he grants it

D)A suspect voluntarily turns himself in to the police and submits to a search in the police station after being taken into custody

Q2) A search will likely be deemed constitutional if police obtained permission from an individual that they reasonably but mistakenly believed to have common authority in a home.

A)True

B)False

Q3) An officer's subjective motivations need not be considered in regard to the Fourth Amendment justifications for an arrest.

A)True

B)False

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Chapter 7: Inspections and Regulatory Searches

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Q1) A nonroutine border search involves a greater invasion of privacy than a routine search and thus requires _____.

A)probable cause

B)a preponderance of the evidence

C)reasonable suspicion

D)articulable suspicion

Q2) In which of the following circumstances would a suspicionless stop and search by a roving patrol be constitutional?

A)Within 30 miles of an international border

B)In areas where profiling is practiced

C)At the border or the functional equivalent of the border

D)In an area known to house illegal immigrants

Q3) Articulate the difference between and give examples of routine and nonroutine border searches and the differing levels of suspicion required by each.

Q4) In order to search the home of a probationer, a probation officer must have reasonable suspicion that the probationer is engaged a drug or violent criminal offense.

A)True

B)False

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Chapter 8: Interrogations and Confessions

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Sample Questions

Q1) List and explain at least five of the factors to be considered in determining whether an individual would believe he/she is subject to a custodial interrogation.

Q2) Miranda v. Arizona established one of the few situations in which a defendant must be informed of his/her rights. Using the Court's reasoning, explain why they did so. Additionally, consider the many exceptions to Miranda covered in the text. Explain a few of these exceptions and explain why the Court chose to carve out these exceptions instead of simply reversing or overturning the Miranda requirement.

Q3) In order to invoke the right to silence, a suspect must make a _____ and _____statement.

Q4) According to Inbau, many criminal cases can only be solved through _____.

Q5) By what level of proof is the prosecution required to show that the defendant knowingly, voluntarily, and intelligently waved his/her Miranda rights?

A)Probable cause

B)Modified probable cause

C)Preponderance of the evidence

D)Reasonable suspicion

Q6) Explain the three types of false confessors and give examples of each.

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Chapter 9: Eyewitness and Scientific Identifications

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Q1) By what level of proof must the defense show that a photographic identification was suggestive?

A)Beyond a reasonable doubt

B)By a preponderance of the evidence

C)Probable cause

D)Reasonable suspicion

Q2) The U.S. Supreme Court has held that the right to counsel does not apply to lineups conducted during the investigative stage (preindictment) due to the inherent inefficiency of an attorney's presence.

A)True

B)False

Q3) At which point in the criminal process does the right to counsel during a lineup attach?

A)At any stage in the criminal process

B)Once police have focused on one suspect

C)Once charges have been filed

D)At any stage, so long as the victim is present at the lineup

Q4) The test of scientific techniques in which the judge is to make the determination him/herself is known as the _____.

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Chapter 10: The Exclusionary Rule and Entrapment

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Q1) The U.S. Supreme Court established the aptly named "shocks the conscience" standard in which case?

A)Bivens v. Six Unknown Named Agents

B)Elkins v. United States

C)Rochin v. California

D)Unicted States v. Calandra

Q2) The federal courts follow which test for entrapment?

A)The subjective test

B)The objective test

C)The due process test

D)The reasonableness test

Q3) 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

Q4) In federal court, when entrapment is argued, the emphasis is placed on the actions of the government.

A)True

B)False

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Chapter 11: Civil and Criminal Remedies for Constitutional Violations

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Q1) What is the difference between internal affairs and civilian review? Do you think both are effective or necessary?

Q2) Which of the following federal officials is not granted absolute immunity?

A)Judges

B)Prosecutors

C)Presidential aides

D)All of the above are granted absolute immunity.

Q3) Which amendment provides immunity for state governments and agencies from § 1983 suits?

A)First Amendment

B)Seventh Amendment

C)Ninth Amendment

D)Eleventh Amendment

Q4) In order for an officer to be sued under § 1983, the officer must be acting under _____.

Q5) Prosecuting police officers in criminal court can be very challenging. Explain why this is so and how the courts and prosecutors have worked to remedy this situation.

Q6) Prosecutors and judges are granted _____ from § 1983 suits.

Q7) Parole officers and probation officers 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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Q1) The primary purpose of bail is to ensure _____.

A)a fair trial

B)the smooth operation of justice

C)the defendant's appearance for trial

D)the profitability of the courts

Q2) While a defendant does have a right to counsel, he may not choose a specific lawyer. Why do you think this is? Do you think there would be fewer ineffective-assistance-of-counsel claims if defendants were able to choose specific counsel?

Q3) In which case did the U.S. Supreme Court establish the requirement of "effective" counsel for both indigent and nonidigent defendants?

A)Glover v. United States

B)Kimmelman v. Morrison

C)Strickland v. Washington

D)United States v. Cronic

Q4) By means of the Sixth Amendment right to counsel, an indigent defendant charged with any nontraffic offense is entitled to counsel.

A)True

B)False

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Chapter 13: The Courtroom: The Pretrial and Trial Process

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Sample Questions

Q1) Which of the following is not a standard form of plea bargain?

A)Prosecution agrees to drop one or more of many charges against defendant

B)Prosecution agrees to reduce the severity of the charge(s) against defendant

C)Prosecution agrees not to challenge defendant's sentencing requests

D)Prosecution agrees not to charge defendant with future offenses

Q2) What are some of the basic guidelines for the selection of the jury venire? Do you think they are important? Can you think of any additional guidelines that should be followed?

Q3) Which of the following is not one of the components of the burden of proof?

A)The burden of going forward

B)The burden of evidence

C)The burden of persuasion

D)All of the above are components of the burden of proof.

Q4) One of the dangers in allowing jury nullification is that juries can both find guilty defendants not guilty and innocent defendants guilty.

A)True

B)False

Q5) Explain the dual sovereignty doctrine and give an example in which it would apply.

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Chapter 14: Sentencing and Appeals

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Sample Questions

Q1) _____ is the purpose of punishment where punishment is used to remove offenders from society.

Q2) Explain what the right of allocution is and what a victim impact statement is. Do you think these in court processes are important? Why or why not?

Q3) An offender is convicted of rape and sentenced to 30 years in prison. The judge says he would have imposed a greater sentence had the court been able if for no other reason than to remove the rapist from society for as long as possible. This is an example of which purpose of punishment?

A)Deterrence

B)Incapacitation

C)Restitution

D)Retribution

Q4) A ruling on an appeal in favor of the defendant automatically reverses the conviction and requires a new trial.

A)True

B)False

Q5) What are the four different approaches to sentencing listed in the text and how do they operate? Which do you think makes the most sense?

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Chapter 15: Counterterrorism

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Sample Questions

Q1) The USA PATRIOT Act has come under extreme fire since its passage back in 2001. Explain, from the material provided in the text, what the USA PATRIOT Act does and does not allow federal investigators to do. Does this information here strike you as too much authority for the government? Why of why not?

Q2) In which case did the U.S. Supreme Court rule that all detainees held at Guantanamo are entitled to habeas corpus?

A)Boumediene v. Bush

B)Hamdan v. Rumsfeld

C)Hamdi v. Rumsfeld

D)Rasul v. Bush

Q3) One flaw noted by the U.S. Supreme Court with military commissions is that hearsay evidence was allowed.

A)True

B)False

Q4) Material witness warrants have been subject to criticism. Several reforms have been proposed. List and explain these reforms. Can you come up with any alternatives?

Q5) Guantanamo detainees have been and will likely continue to be tried before _____.

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