Judicial Process
Final Exam Questions
Course Introduction
The Judicial Process course examines the structure, functions, and dynamics of the judiciary within the broader context of the legal and political systems. It explores the organization of courts, the roles and behavior of judges, lawyers, and litigants, and the processes through which legal decisions are made and enforced. The course delves into the interaction between law and society, the factors influencing judicial decision-making, and the impact of judicial rulings on policy and social change. Students will also study landmark cases and contemporary issues to understand the complexities and significance of the judiciary in the administration of justice.
Recommended Textbook
Criminal Evidence Principles and Cases 8th Edition by Thomas J. Gardner
Available Study Resources on Quizplus
18 Chapters
1131 Verified Questions
1131 Flashcards
Source URL: https://quizplus.com/study-set/2343 Page 2
Chapter 1: History and Development of the Law of Criminal Justice
Available Study Resources on Quizplus for this Chatper
63 Verified Questions
63 Flashcards
Source URL: https://quizplus.com/quiz/46581
Sample Questions
Q1) Under American law, defendants have a right to a ________ trial.
A)perfect (error free)
B)fair
C)bench
D)inquisitorial
Answer: B
Q2) The rules of evidence are important not only to safeguard the rights of accused persons in a fair trial but also to ensure
A)the interests of the public in the proper functioning of the criminal justice system.
B)that the accused receives a perfect trial.
C)jurors are protected from distressing evidence.
D)there is no chance of an appeal.
Answer: A
Q3) The Sixth Amendment contains a right to counsel.
A)True
B)False
Answer: True
Q4) The First ten Amendments to the U.S.Constitution are called the ____________.
Answer: Bill of Rights
3
To view all questions and flashcards with answers, click on the resource link above.
Chapter 2: Important Aspects of the American Criminal Justice System
Available Study Resources on Quizplus for this Chatper
63 Verified Questions
63 Flashcards
Source URL: https://quizplus.com/quiz/46582
Sample Questions
Q1) What is the Brady rule? Provide an example of a violation of this rule.What are the consequences of a violation of the Brady rule?
Answer: The Brady rule requires that a prosecutor has a duty to disclose evidence favorable to an accused upon request, where the evidence is material to guilt or innocence.Where such evidence is in the exclusive possession of the prosecution, it must be disclosed even when there is no request for disclosure by the defense if such evidence is "clearly supportive of a claim of innocence." An example of a violation of the Brady rule would be where the prosecution failed to notify the defense that a key witness was a paid informant.If a Brady violation occurs, the penalty often will be more severe, and could be a new trial or even a complete dismissal of the criminal charges.
Q2) The Federal Rules of Evidence must be followed in all state trials.
A)True B)False
Answer: False
Q3) The American system of criminal justice is an adversarial one, not a/n ____________ one.
Answer: inquisitorial
To view all questions and flashcards with answers, click on the resource link above.
Page 4
Chapter 3: Using Evidence to Determine Guilt or Innocence
Available Study Resources on Quizplus for this Chatper
63 Verified Questions
63 Flashcards
Source URL: https://quizplus.com/quiz/46583
Sample Questions
Q1) Although an appellate court may find that errors were committed at the trial, only ____________ errors will result in a new trial.
Answer: reversible
Q2) In most appeals,
A)the appeal takes the form of a new trial.
B)the appeals court reviews the records for errors.
C)the defendant usually is ordered to be acquitted.
D)the prosecution must again prove that the defendant was guilty beyond a reasonable doubt.
Answer: B
Q3) The Constitution never allows a judge to accept an Alford plea.
A)True
B)False
Answer: False
Q4) One of the goals of the criminal justice system is seeking retribution for victims. A)True
B)False
Answer: False
To view all questions and flashcards with answers, click on the resource link above. Page 5
Chapter 4: Direct and Circumstantial Evidence and the Use of Inferences
Available Study Resources on Quizplus for this Chatper
63 Verified Questions
63 Flashcards
Source URL: https://quizplus.com/quiz/46584
Sample Questions
Q1) The term res ipsa loquitur means "the thing speaks for itself."
A)True
B)False
Q2) Describe three inferences that are permitted under the law of evidence.What fact is each of these inferences attempting to establish?
Q3) A conviction cannot be valid if it is based solely on circumstantial evidence.
A)True
B)False
Q4) Due process requires that criminal guilt be proven by the government beyond a reasonable doubt.
A)True
B)False
Q5) An inference of _____should not be drawn when a defendant or suspect asserts the Fifth Amendment privilege against self-incrimination.
Q6) The burden of proof states the level of proof a part must meet to A)defeat affirmative defenses. B)ultimately win the case.
C)avoid a directed verdict against them.
D)get the case to the jury.
To view all questions and flashcards with answers, click on the resource link above. Page 6
Chapter 5: Witnesses and the Testimony of Witnesses
Available Study Resources on Quizplus for this Chatper
63 Verified Questions
63 Flashcards
Source URL: https://quizplus.com/quiz/46585
Sample Questions
Q1) Describe and discuss the Sixth Amendment rights of defendants with regard to witnesses.
Q2) Expert testimony based on handwriting analysis is generally ___________in both federal and state courts under Federal Rules of Evidence 702 and similar state rules
A)inadmissible
B)excluded
C)subjective
D)admissible
Q3) The first witnesses to testify in a criminal case are prosecution witnesses. A)True
B)False
Q4) To be admissible, testimony must be relevant, competent, and ____________.
Q5) To be deemed a competent witness, the witness must have the capacity to A)speak the English language.
B)observe, remember, narrate, and understand the obligation to be truthful.
C)be a citizen of the United States.
D)be capable of reading and writing in any language.
Q6) List the three elements that all evidence must be in order to be allowed into a trial.
To view all questions and flashcards with answers, click on the resource link above. Page 7
Chapter 6: Judicial Notice, Privileges of Witnesses, and Shield Laws
Available Study Resources on Quizplus for this Chatper
62 Verified Questions
62 Flashcards
Source URL: https://quizplus.com/quiz/46586
Sample Questions
Q1) Which of the following is an exception to the marital privilege? A)when one spouse has committed a crime against another B)when one of the spouses has been unfaithful to the other C)when one of the spouses has committed a crime D)when one spouse has been married before
Q2) Why is the attorney-client privilege essential to the proper functioning of our judicial process?
Q3) The physician-patient privilege applies only when the physician is being paid. A)True
B)False
Q4) The U.S.Supreme Court has recognized a reporter-source privilege. A)True B)False
Q5) The privilege against self-incrimination can be asserted only in criminal proceedings. A)True B)False
B)False Page 8
Q6) All states and the federal government have some form of the marital privilege. A)True
To view all questions and flashcards with answers, click on the resource link above.
Page 9
Chapter 7: The Use of Hearsay in the Courtroom
Available Study Resources on Quizplus for this Chatper
63 Verified Questions
63 Flashcards
Source URL: https://quizplus.com/quiz/46587
Sample Questions
Q1) Statements that would otherwise be testimonial and require that the defendant have the right to __________ under the rule of Crawford v.Washington
A)rebuttal
B)objection
C)confront
D)omission
Q2) In the Federal Rules of Evidence, one form of statement that is specifically excluded from the definition of hearsay is termed the _____________ rule.
Q3) The law of hearsay evidence and its exceptions is relatively simple.
A)True
B)False
Q4) The Constitution's ____________ Clause and rule against hearsay protect similar values.
A)Self-incrimination
B)ex post facto
C)Confrontation
D)Venue
Q5) The hearsay rule forbids only statements offered to prove the ______of the matter asserted.
To view all questions and flashcards with answers, click on the resource link above. Page 10
Chapter 8: The Confrontation Clause and Exceptions to the Hearsay Rule
Available Study Resources on Quizplus for this Chatper
63 Verified Questions
63 Flashcards
Source URL: https://quizplus.com/quiz/46588
Sample Questions
Q1) Ohio v.Roberts is still apparently good law if the hearsay statement involved is not
Q2) Regularly kept business records, public records, records of religious organizations, and family records are admissible under certain federal rules, known as the A)regularly kept records exception.
B)notarized document exception.
C)public data exception.
D)confidential data exception.
Q3) What are the concerns common to both the hearsay rule and the confrontation clause? Be sure to provide examples.
Q4) If the declarant makes a statement that could subject them to criminal charges, the statement would probably be admissible under the exception for statements A)of exculpation.
B)against penal interest.
C)contrary to reputational security.
D)contrary to Miranda rights.
Q5) There is a hearsay exception for statements about then existing mental, emotional, or physical ____________.
To view all questions and flashcards with answers, click on the resource link above. Page 11
Chapter 9: The Exclusionary Rule
Available Study Resources on Quizplus for this Chatper
63 Verified Questions
63 Flashcards
Source URL: https://quizplus.com/quiz/46589
Sample Questions
Q1) If the government can satisfy the attenuation of the taint doctrine, the fruit of the poisonous tree doctrine does not apply.
A)True
B)False
Q2) In Nix v.Williams, the inevitable discovery rule was adopted.
A)True
B)False
Q3) Courts have had conflicting opinions about the application of the ____________________ doctrine when improper police conduct consists of the failure to give the Miranda warning.
Q4) The exclusionary rule exacts a social cost when it is used to exclude relevant, reliable evidence.
A)True
B)False
Q5) When the exclusionary rule applies, the evidence will be _____________.
A)truncated
B)didacted
C)assimilated
D)excluded
To view all questions and flashcards with answers, click on the resource link above. Page 12
Chapter 10: Where the Exclusionary Rule Does Not Apply
Available Study Resources on Quizplus for this Chatper
63 Verified Questions
63 Flashcards
Source URL: https://quizplus.com/quiz/46590
Sample Questions
Q1) The Fourth Amendment generally does not apply to property that is voluntarily abandoned.
A)True
B)False
Q2) Denial of ____________ can result in abandonment.
Q3) Define the concept of standing.When does a defendant have standing to challenge a police search of a place or things? Be sure to provide examples.
Q4) If a person abandons property, they
A)have no Fourth Amendment rights with regard to that property.
B)have no Fourth Amendment rights if they attempt to claim the property after the police have seized it.
C)have a right to sue police who seize the property.
D)can sue police if police damage the property.
Q5) Society pays a high price to secure the exclusionary rule's benefits. A)True B)False
Q6) What are the four factors the U.S.Supreme Court listed in U.S.v.Dunn to help distinguish open fields from the curtilage? Give examples of each.What difference does it make whether property is open fields of curtilage?
Page 13
To view all questions and flashcards with answers, click on the resource link above.
Chapter 11: Special Needs and Administrative Searches
Available Study Resources on Quizplus for this Chatper
63 Verified Questions
63 Flashcards
Source URL: https://quizplus.com/quiz/46591
Sample Questions
Q1) In O'Connor v._____________, the Supreme Court allowed suspicionless searches in government workplaces.
Q2) In Illinois v._____________ (2004), the Court upheld a roadblock to gather information about a hit-and-run accident in that area.225)
Q3) The U.S.Supreme Court has specifically approved the use of vehicle checkpoints for drug interdiction.
A)True
B)False
Q4) Evidence obtained as a result of the administrative _________is admissible if performed within the guidelines established by law.
A)function
B)mandates
C)routine
D)omission
Q5) Probationers and parolees have less Fourth Amendment protection than ordinary citizens.
A)True B)False
Q6) Public schools may randomly drug test student _____________.
Page 14
To view all questions and flashcards with answers, click on the resource link above.
Chapter 12: Obtaining Statements and Confessions for Use
As Evidence
Available Study Resources on Quizplus for this Chatper
63 Verified Questions
63 Flashcards
Source URL: https://quizplus.com/quiz/46592
Sample Questions
Q1) Miranda v._________requirements were added to the law regardin interrogation.
A)Illinois.
B)Pennsylvania.
C)Montana.
D)Arizona.
Q2) Private citizens who are acting totally on their own and interrogating suspects do not have to give Miranda warnings.
A)True
B)False
Q3) Undercover law enforcement officers do not plan on making an arrest they not have to give Miranda warnings and do not have to disclose their true identity.
A)True
B)False
Q4) Once a Miranda waiver is given, it may not be withdrawn.
A)True
B)False
Q5) Under what circumstances may a confession be deemed unconstitutional? Discuss each.
Q6) Discuss Miranda in relation to questioning during a booking procedure.
To view all questions and flashcards with answers, click on the resource link above. Page 15
Chapter 13: The Law Governing Identification Evidence
Available Study Resources on Quizplus for this Chatper
63 Verified Questions
63 Flashcards
Source URL: https://quizplus.com/quiz/46593
Sample Questions
Q1) It is a violation of the privilege against self-incrimination for a suspect to be required to speak at a lineup using the same words used by the perpetrator.
A)True
B)False
Q2) In U.S.v.Wade and Gilbert v.California, there were constitutional violations in the lineup because
A)the lineups were unreasonably suggestive.
B)police dropped hints as to who to identify.
C)no attorney was present for the defendant.
D)there were only three suspects in the lineups.
Q3) Composite sketches developed by police are used for identification by A)victims.
B)witnesses.
C)perpetrators
D)both victims and witnesses.
Q4) Many wrongful convictions based on faulty eyewitness testimony have been overturned because of the increased use of ____________ evidence.
Q5) What are the possible causes of mistaken eyewitness identification? Discuss each.
To view all questions and flashcards with answers, click on the resource link above. Page 16
Chapter 14: Obtaining Physical and Other Evidence
Available Study Resources on Quizplus for this Chatper
62 Verified Questions
62 Flashcards
Source URL: https://quizplus.com/quiz/46594
Sample Questions
Q1) Inventory searches are ___________-type searches, not searches for incriminating evidence or weapons.
Q2) The Fourth Amendment only prohibits ____________ searches and seizures.
A)unreasonable
B)evidence-gathering
C)searches on less than a compelling necessity
D)warrantless
Q3) Discuss, describe, compare, and contrast the legal requirements for voluntary encounters and Terry stops.Be sure to provide examples.
Q4) At a minimum, an arrest requires A)suspicion.
B)reasonable suspicion.
C)probable cause.
D)clear and convincing evidence.
Q5) Brief investigative detentions based on reasonable suspicion are referred to as _____________ stops.
Q6) There are no exceptions to the knock and announce rule for executing warrants. A)True
B)False
To view all questions and flashcards with answers, click on the resource link above. Page 17
Chapter 15: Obtaining Evidence From Computers or by Use
of Search Warrants, Wiretapping, or Dogs Trained to
Indicate an Alert
Available Study Resources on Quizplus for this Chatper
63 Verified Questions
63 Flashcards
Source URL: https://quizplus.com/quiz/46595
Sample Questions
Q1) In general, suspects do not have a right to privacy for their conversations that take place in police cars or jails.
A)True
B)False
Q2) Child pornography web sites generate more than $3 billion annually of illegal money.
A)True
B)False
Q3) In Katz v.U.S., the Court held that interceptions of communications were neither a Fourth Amendment search nor a Fourth Amendment seizure.
A)True
B)False
Q4) The Fourth Amendment requires that warrants be based on reasonable suspicion.
A)True
B)False
Q5) The statutory exclusionary rule for unlawfully intercepted telephone conversations does not apply to _______.
Q6) The law of electronic surveillance was modified by the USA ____________ Act. Page 18
Q7) Discuss using Global Positioning Systems (GPS) in evidence collection.
To view all questions and flashcards with answers, click on the resource link above. Page 19
Chapter 16: The Crime Scene, The Chain of Custody
Requirement, and the Use of Fingerprints and Trace Evidence
Available Study Resources on Quizplus for this Chatper
63 Verified Questions
63 Flashcards
Source URL: https://quizplus.com/quiz/46596
Sample Questions
Q1) Discuss three exceptions to the warrant requirement that would permit police to enter a home (where evidence might be seen in plain view).Give examples of each.
Q2) Fingerprints are used less and less as other forms of identification are both plentiful and accurate.
A)True
B)False
Q3) The USA _______ACT of 2001 expanded the authority of government to use many of these measures in combating terrorism.
Q4) Discuss the ways in which a person may alter a crime scene in order to obstruct officers from conducting an investigation.
Q5) Minute or microscopic evidence is referred to as ____________ evidence.
Q6) According to Brendlin v.CA, a passenger in a vehicle could not object to the lawfulness of a traffic stop.
A)True
B)False
B)False Page 20
Q7) It can be determined by fingerprint analysis if a person has touched drugs. A)True
To view all questions and flashcards with answers, click on the resource link above.
Page 21
Chapter 17: Videotapes, Photographs, Documents, and Writings As Evidence
Available Study Resources on Quizplus for this Chatper
63 Verified Questions
63 Flashcards
Source URL: https://quizplus.com/quiz/46597
Sample Questions
Q1) The majority of documents and writings introduced for use as evidence in criminal trials are proven authentic and genuine by ______evidence or by the contents of the document or writing itself.
A)circumstantial
B)real
C)direct
D)presumptive
Q2) The best evidence rule is also known as the ____________ document rule.
Q3) Generally, anything that conveys a message is a ___________.
A)conveyance
B)document.
C)transmission
D)declaration
Q4) Videotapes that are made when no person is present making the tape (e.g.security camera that is not contemporaneously monitored) can be admitted through use of the _____________ witness method.
A)silent
B)absent
C)remote
D)conspicuous
To view all questions and flashcards with answers, click on the resource link above. Page 22
Chapter 18: Scientific Evidence
Available Study Resources on Quizplus for this Chatper
62 Verified Questions
62 Flashcards
Source URL: https://quizplus.com/quiz/46598
Sample Questions
Q1) A judge can take judicial notice of the validity of the theories and techniques underlying scientific evidence.
A)True
B)False
Q2) There are a number of agencies or sources providing the collecting, correlating, and coordination of evidence.Name and discuss at least three of these.
Q3) The field of serology involves the study of A)blood.
B)hair.
C)skin.
D)fingerprints.
Q4) The Federal Rules of Evidence that deals with the admissibility of scientific evidence is Rule _________.
Q5) In federal courts, the Frye test was replaced by the ____________ test.
Q6) Describe ballistic fingerprinting and its limitations.
Q7) The two major forms of DNA testing are PCR and RFLP.
A)True
B)False
To view all questions and flashcards with answers, click on the resource link above. Page 23
Q8) Rule 702 has already resulted in changes in how _________evidence is received.