Judicial Process Study Guide
Questions
Course Introduction
The course "Judicial Process" provides an in-depth exploration of how courts function within the broader legal system, with a focus on the structures, procedures, and roles underpinning judicial decision-making. Students examine the organization and hierarchy of court systems, judicial selection and behavior, the interplay between courts and other branches of government, and the norms guiding the interpretation and application of the law. Emphasizing both theoretical frameworks and practical realities, the course investigates the impact of factors such as precedent, social context, and institutional constraints on the administration of justice. By the end of the course, students gain a comprehensive understanding of the judiciary's central role in shaping law and public policy.
Recommended Textbook
Criminal Procedure for the Criminal Justice Professional 11th Edition by John N. Ferdico
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15 Chapters
900 Verified Questions
900 Flashcards
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Chapter 1: Individual Rights Under the United States
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60 Verified Questions
60 Flashcards
Source URL: https://quizplus.com/quiz/17240
Sample Questions
Q1) A person has filed a lawsuit on equal protection grounds claiming racial discrimination.Which of the following standards of review will be used to resolve the issue of law?
A) Fair and adequate notification test
B) Strict Scrutiny
C) Intermediate scrutiny
D) Rational Basis Test
Answer: B
Q2) The Supreme Court of the 1960s made policing the police,as well as state courts,a distinctly federal concern.Today,we refer to this shift in policy as the _____________ of the 1960s.
Answer: due process revolution
Q3) The concepts of due process and equal protection are the same.Everyone has due process rights and anyone can win a lawsuit for an equal protection violation.
A)True
B)False
Answer: False
Q4) The power of the government to acquire private property is called ___________.
Answer: eminent domain
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Chapter 2: Criminal Courts,Pretrial Processes,and the
Exclusionary Rule
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60 Verified Questions
60 Flashcards
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Sample Questions
Q1) The main purpose of the arraignment is to
A) indict the defendant.
B) accept a plea from the accused.
C) set bail for the accused.
D) determine probable cause.
Answer: B
Q2) The exclusionary rule applies to all errors stemming from police negligence in maintaining warrant databases.
A)True
B)False
Answer: False
Q3) In felony cases,the purpose of the initial appearance is to accept the defendant's plea.
A)True
B)False
Answer: False
Q4) The purpose of the grand jury is to reach a verdict in a criminal case.
A)True
B)False
Answer: False
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Chapter 3: Basic Underlying Concepts: Privacy, Probable
Cause, and Reasonableness
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60 Verified Questions
60 Flashcards
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Sample Questions
Q1) The method of establishing probable cause through the use of an informant's information is sometimes referred to as:
A) informant method.
B) the 3rd party method.
C) the indirect discovery method.
D) the hearsay method.
Answer: D
Q2) Which of the following concepts is so important that it has been referred to as the "touchstone" of the Fourth Amendment?
A) the exclusionary rule
B) privacy
C) reasonableness
D) probable cause
Answer: C
Q3) Probable cause is evaluated by examining the __________ in the possession of the police at the time of the arrest or search,not merely the personal knowledge of the arresting or searching officer.
Answer: collective knowledge
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Chapter 4: Criminal Investigatory Search Warrants
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60 Verified Questions
60 Flashcards
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Sample Questions
Q1) Explain "knock and announce" and why this rule exists.
Q2) A ___________ search allows items discovered during the execution of a covert entry warrant to be seized if there is a "reasonable necessity for the seizure."
Q3) If a mistake is made in specifying the address on a search warrant,the warrant is automatically invalid.
A)True
B)False
Q4) For Fourth Amendment purposes,a seizure of property occurs whenever there is a(n)
A) invasion of a constitutionally protected area.
B) interference with a person's possessory interests in that property.
C) interference with a person's reasonable expectation of privacy.
D) infringement on a person's house, papers, and effects.
Q5) Proper execution of an anticipatory search warrant is dependent upon:
A) a triggering condition.
B) reasonable suspicion.
C) reasonable suspicion and a triggering condition.
D) witness testimony and reasonable suspicion.
Q6) Explain the purpose and nature of Rule 41.
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Chapter 5: Searches for Electronically Stored Information
and Electronic Surveillance
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60 Verified Questions
60 Flashcards
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Sample Questions
Q1) Briefly describe what the Foreign Intelligence Surveillance Act (FISA)is.
Q2) A ____________ allows for interception of a particular suspect's communications wherever they are made,dispensing with the normal requirement that interceptions be limited to a fixed location.
A) geographical wiretap
B) roving wiretap
C) non-specific wiretap
D) roaming wiretap
Q3) Although e-mail has replaced telephone communication in many spheres,it is not considered a 'wire communication' for Title III purposes.
A)True
B)False
Q4) If a conversation takes place in public where other parties can overhear the conversation,there is no reasonable expectation of privacy.However,any recording of such a conversation would violate Title III.
A)True
B)False
Q5) Explain the two stage process used for most searches of electronically stored information.
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Chapter 6: Administrative and Special Needs Searches
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60 Verified Questions
60 Flashcards
Source URL: https://quizplus.com/quiz/17245
Sample Questions
Q1) In response to the terrorist attacks on September 11,2001,cities across the United States took steps to increase security to protect buses,trains,ferries,and other forms of public transportation from terrorist attack.To date,the courts:
A) have been antagonistic toward these measures.
B) have been supportive of these measures.
C) have refused to review appeals from these cases.
D) have not been asked to address this issue.
Q2) Which of the following is true about the U.S.Supreme Court case concerning Customs Service regulations requiring employees seeking transfers or promotions to certain positions within the service to submit to urinalysis testing?
A) The Court upheld the policy of the Customs Service.
B) The Court upheld the policy of the Customs Service, but only under certain narrowly tailored circumstances.
C) The Court ruled that the regulations were unconstitutional.
D) The Court upheld the policy of the Customs Service, but only if the employee signed a consent form.
Q3) Explain the differences between a criminal search and an administrative search.
Q4) Define what is meant by a special needs search and give two examples.
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Page 8
Chapter 7: Arrests, Searches Incident to Arrest, and Protective Sweeps
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60 Verified Questions
60 Flashcards
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Sample Questions
Q1) Define fresh pursuit and a hot pursuit.
Q2) Explain what is meant when the courts have ruled that the police may search within the immediate control of an individual.With respect to search incident to arrest of a suspect who has just exited a motor vehicle,explain the New York v.Belton (1981)ruling and how the decision in Arizona v.Gant (2009)altered the law established by the Belton case.
Q3) In general,if a police officer makes a warrantless arrest for a felony based on probable cause and it turns out that the arrestee did not commit the suspected offense,the officer is not civilly liable,provided no negligence was involved in making the arrest.
A)True
B)False
Q4) A(n)____________ is a court order demanding someone to appear in court to respond to charges.
Q5) For an officer to make a warrantless arrest for a misdemeanor
A) the officer must have a warrant.
B) the offense must have been committed in the officer's presence.
C) the offense must in fact have been committed and involve a breach of the peace.
D) the officer need only probable cause that the offense was committed.
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Chapter 8: Stops and Frisks
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60 Verified Questions
60 Flashcards
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Sample Questions
Q1) If a show of authority by a law enforcement officer does not result in a halting or submission by the person being confronted,there is _______________ under the Fourth Amendment.
A) no seizure
B) seizure
C) limited seizure
D) an arrest
Q2) A law enforcement officer may detain property for a brief time if the officer has a ________________________ that the property contains items subject to seizure.
Q3) A law enforcement officer's power to detain and question suspicious persons dates back to
A) the common law of England.
B) the Magna Carta.
C) the Peelian Reforms.
D) biblical times.
Q4) The police may conduct a checkpoint for general law enforcement purposes.
A)True
B)False
Q5) Define what is meant by a furtive gesture and give two examples.
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Chapter 9: Consent Searches
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60 Flashcards
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Sample Questions
Q1) ?Which of the following statements is true?
A) In some situations consent obtained through threat of force may be deemed voluntarily given.
B) Police do not need to first tell a person that they are "free to go" before a consent can be deemed voluntarily given.
C) Voluntary consent to search must be given orally.
D) Voluntariness of consent is not affected by the physical, mental, or emotional condition and the intelligence or educational level of the person giving consent.
Q2) A _______ is a person in possession of someone else's personal property with the lawful permission of the rightful owner.
Q3) A high school principal summons the police to be present when the locker of one of the students is opened.The student was suspended for stealing from other students and the principal wants to see if there is any stolen property in the locker.The officer should advise the principal
A) to get permission from the student before opening it.
B) to get consent from the student's parent's.
C) to open the locker immediately, because no consent is needed.
D) to open the locker only if the principal has probable cause.
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11
Chapter 10: The Plain View Doctrine
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60 Verified Questions
60 Flashcards
Source URL: https://quizplus.com/quiz/17249
Sample Questions
Q1) Under the plain view doctrine,an officer viewing illegal drugs on a coffee table while executing an arrest warrant may seize the drugs.
A)True
B)False
Q2) An officer's use of a pair of binoculars to develop probable cause for plain view searches and seizures is conceptually distinct from an officer's use of a flashlight for the same purpose.This is because:
A) there are no conceptual distinction between binoculars and flashlights.
B) binoculars allow people to observe what could not be observed without their use.
C) flashlights require batteries to become operational.
D) binoculars allow areas to be viewed that may not otherwise have been viewable without an impermissible intrusion into a protected zone of privacy.
Q3) Define what is meant by a hot pursuit and legal searches surrounding these incidents.
Q4) What is meant by a controlled delivery and why is it used?
Q5) It is important to remember that the Fourth Amendment does not prohibit searches and seizures,only _________ searches and seizures.
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Page 12
Chapter 11: Search and Seizure of Vehicles and Containers
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60 Verified Questions
60 Flashcards
Source URL: https://quizplus.com/quiz/17250
Sample Questions
Q1) ?To use the automobile exception as the basis for a warrantless search:
A) the vehicle must be inherently capable of movement, the officer must have probable cause, and there must exist an additional exigent situation.
B) the vehicle must be inherently capable of movement, but the officer does not need probable cause to search.
C) the vehicle must be inherently capable of movement and there must exist an additional exigent situation.
D) the vehicle must be inherently capable of movement and the officer must have probable cause.
Q2) ?Courts have created exceptions to the warrant requirement for motor vehicles because of their
A) mobility and greater expectation of privacy.
B) mobility and lesser expectation of privacy.
C) periodic inspections and lesser expectation of privacy.
D) windows and greater expectation of privacy.
Q3) If an officer has probable cause to search only a particular container placed in a vehicle or a particular area of the vehicle,the officer may search that container or area without a warrant,but may not search _______________.
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13
Chapter 12: Open Fields and Abandoned Property
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60 Verified Questions
60 Flashcards
Source URL: https://quizplus.com/quiz/17251
Sample Questions
Q1) ?The open fields doctrine allows police officers to search for and seize evidence in the open fields
A) if they have probable cause that the items are concealed within the curtilage.
B) if they have a warrant, probable cause or some other justification.
C) with a warrant or probable cause, having reasonable suspicion.
D) without a warrant, probable cause, or any other justification.
Q2) The word "house" in the Fourth Amendment is interpreted to mean A) open fields.
B) the private areas of residential and commercial premises.
C) posted property surrounded by the open fields.
D) space outside the curtilage.
Q3) Which of the following would not be considered an intention to abandon an object?
A) Leaving the object unattended for an unreasonable period of time
B) Leaving it unprotected in the care of no one
C) Placing the object in a garbage can within the curtilage
D) Discarding the object out of consciousness of guilt or fear of apprehension
Q4) ______________ is the foundational U.S.Supreme Court case addressing abandoned property.
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Page 14
Chapter 13: Interrogations, Admissions, and Confessions
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60 Verified Questions
60 Flashcards
Source URL: https://quizplus.com/quiz/17252
Sample Questions
Q1) Name two of the unexpected benefits of the Miranda decision that were not foreseen at the time.
Q2) Suspects who are interrogated without being Mirandized first:
A) may have the evidence ruled inadmissible, but will not be able to win a Section 1983 civil rights lawsuit.
B) may have the evidence ruled inadmissible and may be able to win a Section 1983 civil rights lawsuit.
C) will have the evidence ruled admissible, but may be able to win a Section 1983 civil rights lawsuit.
D) have no equitable or compensatory recourse available to them.
Q3) Both confessions and admissions are incriminating statements.
A)True
B)False
Q4) Volunteered statements
A) should be interrupted for Miranda warnings.
B) need not be interrupted for Miranda warnings.
C) need to be interrupted for Miranda warnings if the Edwards rule applies.
D) need to be interrupted for Miranda warnings if the person is in custody.
Q5) What is the Miranda Warning?
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Chapter 14: Pretrial Visual Identification Procedures
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60 Verified Questions
60 Flashcards
Source URL: https://quizplus.com/quiz/17253
Sample Questions
Q1) A lineup should be conducted
A) as close to trial as practicable.
B) as soon after arrest as practicable.
C) as close to arraignment as practicable.
D) as soon after indictment as practicable.
Q2) The _____ states that at a pretrial,_____ lineup,the suspect has a right to assistance of counsel.
A) Stovall v. Denno case ; preindictment
B) U.S. v. Wade case ; judicial proceeding
C) Wade-Gilbert rule ; preindictment
D) Wade-Gilbert rule ; postindictment
Q3) Briefly discuss the problems that may be associated with multiple line-ups or photo arrays.
Q4) An officer conducting a lineup should allow the defense attorney at the lineup to do all but which of the following?
A) take notes
B) observe all the proceedings
C) control any part of the proceedings
D) tape record the proceedings
Q5) Describe what is meant by sensory overload.
Page 16
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Chapter 15: Criminal Trials, Appeals, and Other
Post-Conviction Remedies
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60 Verified Questions
60 Flashcards
Source URL: https://quizplus.com/quiz/17254
Sample Questions
Q1) Which of the following is not a criterion to be viewed competent to serve as a witness in a criminal trial?
A) must be capable of understanding the duty to tell the truth
B) must have personal knowledge of the matter about which he or she is testifying
C) must be capable of understanding and speaking the English language
D) must be capable of expressing himself or herself so as to be understood by the jury
Q2) Which of the following is not a true statement about the venire?
A) Federal law and the law of most states require that no citizen be excluded from service as a juror on account of race, color, religion, gender, national origin, or economic status.
B) The venire must be a perfect mirror of the community or accurately [reflect] the proportionate strength of every identifiable group.
C) The venire is supposed to be representative of society as a whole.
D) The prospective jurors who are summoned comprise the venire.
Q3) The final,authoritative determination or decision of a court upon a matter within its jurisdiction is called _____________________.
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Page 17