Judicial Process
Test Bank
Course Introduction
This course examines the structure, functions, and dynamics of the judicial system, with a focus on how courts operate within the broader legal and political framework. Topics include the organization and jurisdiction of various courts, the roles of judges, attorneys, and other legal actors, and the processes involved in civil and criminal litigation. Students will explore theoretical perspectives on judicial behavior, the impact of precedent and interpretation in decision-making, and the complex relationship between the judiciary, other branches of government, and society. Through case studies and analysis, students will gain insights into the practical and philosophical issues shaping the modern judicial process.
Recommended Textbook
Criminal Evidence Principles and Cases 8th Edition by Thomas J. Gardner
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Chapter 1: History and Development of the Law of Criminal Justice
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Q1) Under American law, defendants have a right to a ________ trial.
A)perfect (error free)
B)fair
C)bench
D)inquisitorial
Answer: B
Q2) Extensive listing of individual rights are found in the Fifth and _______ Amendments.
Answer: Sixth
Q3) A presentment jury is the same as a trial or petit jury.
A)True
B)False
Answer: False
Q4) Habeas corpus was established under the Magna Carta.
A)True
B)False
Answer: False
Q5) The English __________________ of 1215 was an important step in limiting government power and granting rights.
Answer: Magna Carta
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Chapter 2: Important Aspects of the American Criminal Justice System
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Q1) In terms of lost, misplaced, or destroyed evidence, the Supreme Court has held that a violation of due process has not occurred unless the following is shown:
Answer: Bad faith on the part of the police or other law enforcement official: The Court held that "unless a criminal defendant can show bad faith on the part of the police, failure to preserve potentially useful evidence does not constitute a denial of due process of law." The evidence also would be of likely significance to the defendant's defense: The Court held that "[the] evidence must both possess an exculpatory value that was apparent before the evidence was destroyed, and be of such a nature that the defendant would be unable to obtain comparable evidence by other reasonably available means."
Q2) In the U.S., no state ever requires that the defendant reveal information or possible defenses to the prosecution.
A)True
B)False
Answer: False
Q3) The scope of federal criminal jurisdiction under the ____________ Clause is contentious.
Answer: Commerce
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Chapter 3: Using Evidence to Determine Guilt or Innocence
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Q1) If a defendant and prosecutor agree to a plea bargain and guilty plea, the judge cannot lawfully refuse the plea and plea bargain.
A)True
B)False
Answer: False
Q2) Briefly trace the steps in a typical state felony case from commission of the crime to habeas corpus.Briefly describe what happens at each step.What are the legal methods by which someone convicted in state court could challenge their conviction in a federal court?
Answer: Criminal cases begin with a criminal complaint filed in misdemeanour crimes, or indictments in felony cases where grand juries are used.After arrest, the defendant is arraigned before a judge or magistrate, a plea is taken, and the case is bound over for trial.A preliminary hearing is usually held, where a judge decides only if sufficient evidence exists to justify a trial.A state prisoner ordinarily uses a writ of habeas corpus in attempting to get his or her case into the federal courts.To do this, a violation of a right under the U.S.Constitution must be shown.Because there are very few violations (or errors) of this type, few habeas corpus hearings are granted.
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Chapter 4: Direct and Circumstantial Evidence and the Use of Inferences
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Q1) Discuss corpus delicti in relation to circumstantial evidence.
Q2) Direct evidence is evidence that proves a fact in issue by the use of inferences.
A)True
B)False
Q3) Every essential element of the crime charged must be proved by the government beyond reasonable __________in order to convict and punish a defendant for the crime charged.
A)doubt
B)conclusion
C)presumption
D)assumption
Q4) A conviction cannot be valid if it is based solely on circumstantial evidence.
A)True
B)False
Q5) Evidence that the defendant was seen running from the scene of the crime shortly after the crime occurred would be circumstantial evidence of guilt.
A)True
B)False
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Chapter 5: Witnesses and the Testimony of Witnesses
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Q1) Under the Sixth Amendment, the defendant has a right to ____________ and cross-examine witnesses.
Q2) The first witnesses to testify in a criminal case are prosecution witnesses.
A)True
B)False
Q3) The general rule is that ordinary (non-expert) witnesses may not give their conclusions or opinions.
A)True
B)False
Q4) Defendants who testify at their trial waive their ____________ against self-incrimination.
Q5) At common law, no child under the age of fourteen was eligible or competent to testify as a witness.
A)True
B)False
Q6) Adult witnesses are presumed to be competent witnesses.
A)True
B)False
Q7) Discuss the purposes of redirect examination.
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Q8) To be admissible, testimony must be relevant, competent, and ____________.
Chapter 6: Judicial Notice, Privileges of Witnesses, and Shield Laws
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Q1) The privilege against self-incrimination is found in the Fifth Amendment.
A)True
B)False
Q2) The physician-patient privilege applies only when the physician is being paid.
A)True
B)False
Q3) The purpose of judicial notice is to protect the privilege against self-incrimination.
A)True
B)False
Q4) Prosecutors generally have a privilege not to reveal the
A)exculpatory evidence in their possession.
B)agency by which they are employed.
C)identity of confidential informants.
D)fact that they were working undercover.
Q5) The husband-wife privilege does not apply when one spouse has committed a crime against the other spouse.
A)True
B)False
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Q6) The privilege against self-______________ is found in the Fifth Amendment.
Chapter 7: The Use of Hearsay in the Courtroom
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Q1) A conspiracy is an agreement between two or more people to commit an illegal act.
A)True
B)False
Q2) 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
Q3) The abuses of using hearsay at criminal trials were highlighted in the 1603 trial of
Q4) One famous scholar stated that the development of the hearsay rule was the second greatest contribution of the English legal system next to
A)the grand jury.
B)the jury trial.
C)the right to notice of the charges.
D)the right to an attorney.
Q5) Discuss the co-conspirator rule and provide an example.
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Chapter 8: The Confrontation Clause and Exceptions to the Hearsay Rule
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Q1) In 2004, the U.S.Supreme Court decision in ____________ v.Washington made major changes in the law of hearsay and the confrontation clause.
Q2) The Confrontation Clause requires that states create exceptions to the hearsay rule.
A)True
B)False
Q3) The hearsay exceptions, reliable or not, can no longer be used as a _________for cross-examination under the Confrontation Clause for "testimonial" statements.
A)substitute
B)limitation
C)modifier
D)presumptive exclusion
Q4) Police interrogations can produce both testimonial and non-testimonial evidence.
A)True
B)False
Q5) There is a hearsay exception for statements about then existing mental, emotional, or physical ____________.
Q6) Modern _________exceptions occur frequently in sexual abuse cases.
Page 10
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Chapter 9: The Exclusionary Rule
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Q1) Evidence obtained illegally by wiretapping or electronic eavesdropping is not subject to the exclusionary rule.
A)True
B)False
Q2) Define and discuss three exceptions to the exclusionary rule and/or fruit of the poisonous tree doctrine.Be sure to provide examples.
Q3) If ___________ statements are made or evidence discovered from consensual talks between police and citizens, the statements or evidence may be used in criminal prosecutions.
A)inflammatory
B)incriminating
C)coerced
D)alibi
Q4) The U.S.Supreme Court has concluded that the inevitable discovery exception has the same basic justification as the independent _____________ rule.
Q5) The fruit of the poisonous tree doctrine is also known as the ___________ evidence rule.
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Chapter 10: Where the Exclusionary Rule Does Not Apply
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Q1) Unless the government is somehow involved, the Fourth Amendment does not apply to evidence obtained in a search by a ____________ person.
Q2) The exclusionary rule applies to evidence obtained in a consent search.
A)True
B)False
Q3) Rental agreements which have expired are considered abandoned and are not subject to the exclusionary rule.
A)True
B)False
Q4) Society pays a high price to secure the exclusionary rule's benefits.
A)True
B)False
Q5) ____________ cases occur when an officer, who is where he or she has a right to be, sees contraband or evidence of a crime.
A)Plain view
B)Voluntary consent
C)Extreme duress
D)Honest alibi
Q6) Consent is not needed in abandoned nor _______________ circumstances.
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Chapter 11: Special Needs and Administrative Searches
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Q1) In cases involving automatic, mandatory drug testing for candidates for public office, and where criminal prosecution was possible, the U.S.Supreme Court held that the laws were
A)unconstitutional under the Fourth Amendment.
B)constitutional only if there was reasonable suspicion.
C)unconstitutional under the Sixth Amendment.
D)unconstitutional as they violated the privilege against self-incrimination.
Q2) Drug testing of law enforcement and correctional personnel and certain categories of public school students may be done without a warrant if done
A)randomly or based on individualized reasonable suspicion.
B)with an area warrant or a writ of habeas corpus.
C)pursuant to a capias or attachment.
D)after at least one person in the category has been arrested for a drug offense.
Q3) Some courts hold that security screenings at airports, courthouses, and other public facilities can be justified on the theory that the persons involved consent to the search and seizure by attempting to use the facility.
A)True
B)False
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Chapter 12: Obtaining Statements and Confessions for Use
As Evidence
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Q1) To be admissible as evidence, confessions and statements must be made ________ and freely.
A)faithfully
B)voluntarily
C)accusatory
D)prejudicial
Q2) The requirement that only voluntary confessions be admitted grows out of the ____________ Amendment.
A)Fourth
B)Fifth
C)Sixth
D)Eighth
Q3) The courts look at the ___________ of the circumstances to decide if a confession is voluntary.
Q4) 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
Q5) The Massiah rule is based on the ____________ Amendment.
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Chapter 13: The Law Governing Identification Evidence
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Q1) That the defendant was the perpetrator of the crime may be proved by direct or ______________ evidence.
Q2) If a witness is shown only a single photograph and identifies the person in the photo as the perpetrator, the identification
A)may be suppressed because it is too suggestive.
B)will always be suppressed unless the defendant's attorney was present.
C)will not have to be suppressed if the defendant waives the privilege against self-incrimination.
D)cannot be admitted.
Q3) 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.
Q4) The leading U.S.Supreme Court case on due process and eyewitness testimony is Neil v._____________.
Q5) A one-on-one demonstration between a victim or witness and a suspect is called a
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Chapter 14: Obtaining Physical and Other Evidence
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Q1) The first clause of the Fourth Amendment prohibits unreasonable searches and seizures.
A)True
B)False
Q2) In the year _____ the Supreme Court in Carroll v.U.S.first recognized the automobile exception to the warrant clause.
Q3) The automobile exception to the warrant requirement requires, at a minimum,
A)reasonable suspicion.
B)probable cause.
C)a valid checkpoint.
D)clear and convincing evidence.
Q4) Discuss, describe, compare, and contrast the legal requirements for voluntary encounters and Terry stops.Be sure to provide examples.
Q5) Search and seizure protections are found in the ____________ Amendment.
Q6) Discuss the exceptions to the Fourth Amendment's search warrant requirement recognized by the Supreme Court.
Q7) Inventory searches are ___________-type searches, not searches for incriminating evidence or weapons.
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Q8) At a minimum, stop and frisk require that the officer have __________ suspicion.
Chapter 15: Obtaining Evidence From Computers or by Use
of Search Warrants, Wiretapping, or Dogs Trained to
Indicate an Alert
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Q1) A search warrant authorizing officers to enter a home or office does not authorize the officers to search a computer found in the premises, unless the search warrant identifies the __________as part of the authorized search
A)peripheral
B)file
C)owner
D)computer
Q2) In Illinois v.____________, the Supreme Court allowed the use of drug dogs during routine traffic stops.
Q3) Although illegal child pornography is one of the fastest-growing businesses on the Internet, most of the illegal websites are _________.
A)run by hackers
B)overseas
C)secured by firewalls
D)free
Q4) Discuss daytime and nighttime warrant executions and no-knock entries.What problems do you believe are inherent with each? Do you agree with the courts? Why or why not?
Q5) Discuss overheard conversations in terms of evidence collection. Page 17
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Chapter 16: The Crime Scene, The Chain of Custody
Requirement, and the Use of
Fingerprints and Trace Evidence
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Q1) If police lawfully enter premises during some emergency and have probable cause to seize the item, incriminating items may be admissible under the ____________ exception to the warrant requirement.
A)plain view
B)consent
C)inculpatory evidence
D)automobile
Q2) The term "____________" is used to describe minute or microscopic pieces of evidence.
A)invisible
B)latent
C)largesse
D)trace
Q3) Discuss how bite marks may be useful as evidence.
Q4) Proof of chain of custody is required for admissibility of DNA evidence.
A)True
B)False
Q5) Fingerprint evidence is circumstantial evidence rather than direct evidence.
A)True
B)False Page 19
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Chapter 17: Videotapes, Photographs, Documents, and Writings As Evidence
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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 ____________ Amendment contains a privilege against self-incrimination.
Q3) The ____________ Amendment protects persons from being forced to produce and authenticate any documents that are incriminating.
A)Fourth
B)Fifth
C)Sixth
D)Eighth
Q4) Like maps and diagrams, photographs and videotapes are forms of _____________ evidence.
Q5) A witness may identify a photograph by testimony showing any one or more of the following:
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Q6) The __________witness method is sometimes used to authenticate videotapes.
Chapter 18: Scientific Evidence
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Q1) DNA genetic profiling has received such wide acceptance among criminal justice professionals that it is frequently called ________fingerprinting.
Q2) These tests, called _______fingerprinting, can sometimes lead to a match between the bullet fragments and the weapon used to fire the bullet.
A)blood.
B)hair.
C)skin.
D)ballistic
Q3) DNA is available in about ___ percent of the crimes committed.
A)20
B)50
C)30
D)10
Q4) Explain the biological theory underlying DNA testing and how such evidence is usually presented in court.
Q5) The Frye test is known as the general acceptance test.
A)True
B)False
Q6) Describe ballistic fingerprinting and its limitations.
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