Legal Aspects of Criminal Justice Exam Bank
Course Introduction
This course explores the foundational legal principles and frameworks that govern the criminal justice system. Students will examine the structure and function of criminal law, the rights of the accused, due process, and the constitutional safeguards that impact law enforcement, courts, and corrections. Through the analysis of statutes, case law, and legal procedures, the course provides a comprehensive understanding of how laws are created, interpreted, and applied within the context of criminal justice. Key topics include search and seizure, arrest procedures, the role of legal professionals, and the impact of recent judicial decisions on criminal justice practices.
Recommended Textbook
Criminal Evidence Principles and Cases 8th Edition by Thomas J. Gardner
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18 Chapters
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Chapter 1: History and Development of the Law of Criminal Justice
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Sample Questions
Q1) The prosecution can subpoena that defendants testify at their criminal trials. A)True
B)False
Answer: False
Q2) In all states, a defendant has a right to grand jury review of the charges.
A)True
B)False
Answer: False
Q3) 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
Q4) The right of habeas corpus is protected by the U.S.Constitution. A)True
B)False
Answer: True
Page 3
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Chapter 2: Important Aspects of the American Criminal Justice System
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Sample Questions
Q1) The U.S.____________ is the supreme law of the land.
Answer: Constitution
Q2) In 1975, Congress enacted the ____________, which had great influence on state rules of evidence.
A)National Standards of Evidence
B)Federal Code of Criminal Evidence
C)National Rules of Evidence
D)Federal Rules of Evidence
Answer: D
Q3) The United States was the first country in the world to utilize a federal form of government.
A)True
B)False
Answer: True
Q4) At a trial, the ___________ solves questions of law.
Answer: judge
Q5) In a/n ____________ system of justice, a trial is a battle between two opponents.
Answer: adversary
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Chapter 3: Using Evidence to Determine Guilt or Innocence
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Q1) A guilty plea where the defendant refuses to admit committing the crime is called a/n ____________ plea.
Answer: Alford
Q2) All states allow a plea of not guilty by reason of insanity.
A)True
B)False
Answer: False
Q3) Of the cases that go to trial, about 20 percent are tried before a ____________. Answer: judge
Q4) In a typical conditional plea, the defendant pleads guilty but reserves the right to A)appeal certain issues.
B)a jury trial.
C)a bench trial.
D)a speedy and public trial.
Answer: A
Q5) In using the insanity defense, most defendants also enter a not guilty plea. A)True
B)False
Answer: True
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Chapter 4: Direct and Circumstantial Evidence and the Use of Inferences
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Sample Questions
Q1) Describe three inferences that are permitted under the law of evidence.What fact is each of these inferences attempting to establish?
Q2) A full confession about the crime would be an example of direct evidence.
A)True
B)False
Q3) Direct evidence is evidence that proves a fact
A)without the need of inferences or presumptions.
B)by the drawing of inferences.
C)by the use of inductive or deductive reasoning.
D)by judicial notice.
Q4) A defendant is found in possession of a very large quantity of illegal drugs.It is permissible to draw the inference that the possession was A)with intent to deliver.
B)due to insanity.
C)unknowing.
D)accidental.
Q5) _________________ indicates a crime has been committed.
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Q6) Means, opportunity, and _____________ are frequently used as circumstantial evidence of guilt.
Chapter 5: Witnesses and the Testimony of Witnesses
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Q1) If a party does not want a witness to answer a question, that party must object to the question.
A)True
B)False
Q2) Under the Sixth Amendment, the defendant has a right to ____________ and cross-examine witnesses.
Q3) The conduct or attitude of a witness is called their "_____________."
Q4) The right to subpoena witnesses is found in the Sixth Amendment.
A)True
B)False
Q5) A criminal defendant's right to confront and cross-examine witnesses is found in the __________ Amendment.
A)Fourth
B)Fifth
C)Sixth
D)Seventh
Q6) A defendant's right to testify does not include the right to commit ____________.
Q7) Defendants who testify at their trial waive their ____________ against self-incrimination.
7
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Chapter 6: Judicial Notice, Privileges of Witnesses,
and Shield Laws
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Q1) The oldest confidential communication privilege known to the common law was the ____________ privilege.
A)attorney-client
B)priest-penitent
C)doctor-patient
D)reporter-source
Q2) All states and the federal government have some form of the marital privilege.
A)True
B)False
Q3) The privilege against self-incrimination can be asserted only in criminal proceedings.
A)True
B)False
Q4) Judicial _____________ is an exception to the traditional methods of presenting evidence.
Q5) The ________-client privilege was the first privilege recognized at common law.
Q6) The husband-wife privilege is also known as the _____________ privilege.
Q7) The physician-patient privilege did not exist at common law.
A)True
B)False Page 8
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Page 9
Chapter 7: The Use of Hearsay in the Courtroom
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Sample Questions
Q1) One of the requirements for a statement to be defined as hearsay is that the statement be assertive.
A)True
B)False
Q2) Hearsay can be written statements, communicative conduct, or A)oral statements.
B)intuition
C)hypnotically refreshed testimony.
D)telepathic communications.
Q3) In the definition of hearsay, the _____________ is the person who originally made the statement.
Q4) In terms of the problems they address, what do the rules against hearsay and Confrontation Clause have in common? Be sure to provide examples.
Q5) Statements offered to show knowledge, feelings, state of mind, or effect on the hearer are not hearsay.
A)True
B)False
Q6) The Federal Rules of Evidence contain ___________ exceptions to the hearsay rule.
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Chapter 8: The Confrontation Clause and Exceptions to the Hearsay Rule
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Q1) The Confrontation Clause requires that states create exceptions to the hearsay rule.
A)True
B)False
Q2) A person admitting the commission of a crime is making a statement against _________________.
Q3) Statements made to a physician for the purpose of diagnosis or treatment
A)may be both privileged and an exception to the hearsay rule.
B)are an exception to the hearsay rule only if part of an excited utterance.
C)are an exception only if offered in the form of medical records.
D)are not an exception in any jurisdiction.
Q4) There is a hearsay exception for business, government, and religious records as long as the records are
A)over ten years old.
B)handwritten.
C)regularly kept.
D)not stored on computers.
Q5) There are no exceptions to the hearsay rule in the Federal Rules of Evidence.
A)True
B)False
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Chapter 9: The Exclusionary Rule
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Q1) In Mapp v.Ohio, the U.S.Supreme Court made the federal exclusionary rule binding on the states.
A)True
B)False
Q2) The doctrine making the exclusionary rule applicable to evidence obtained indirectly from unconstitutional police conduct is termed the ___________ doctrine.
A)dissipation of the taint
B)attenuation
C)fruit of the poisonous tree
D)inevitable discovery
Q3) The U.S.Supreme Court made the exclusionary rule binding on the states in A)1902.
B)1914.
C)1961.
D)2000.
Q4) The fruit of the poisonous tree doctrine is also referred to as the derivative evidence rule.
A)True B)False
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Chapter 10: Where the Exclusionary Rule Does Not Apply
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Q1) The Georgia v.Randolph decision draws a "fine line" for third party consent to search.
A)True
B)False
Q2) The plain view doctrine requires that the officer legally be in the place from which the evidence is viewed.
A)True
B)False
Q3) Society pays a high price to secure the exclusionary rule's benefits.
A)True
B)False
Q4) Denial of ownership to the police can result in abandonment.
A)True
B)False
Q5) Consent is not needed in abandoned nor _______________ circumstances.
Q6) Under the Fourth Amendment, police may lawfully search and seize garbage left at the curb for pickup without a warrant.
A)True
B)False
Q7) When does an individual lose their expectation of privacy in rental property?
Page 13
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Chapter 11: Special Needs and Administrative Searches
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Q1) What are the two types of drug testing of peace officers that have been allowed by courts in the absence of a warrant or probable cause? Do you agree with the decisions of those courts? Explain your position.
Q2) Fourth Amendment protections are weaker when the government is protecting its _____________ needs than when it is investigating crime.
Q3) The U.S.Supreme Court upheld the search by a probation officer of a parolee under a Wisconsin statute that authorized searches on the basis of ________suspicion.
Q4) Sham roadblocks have been held to be
A)a violation of the Fourth Amendment.
B)a violation of the Fifth Amendment.
C)a violation of the Sixth Amendment.
D)constitutional.
Q5) Courts have upheld statutes requiring mandatory DNA samples from persons arrested or indicted for ______crimes.
A)misdemeanor
B)felony
C)heinous
D)administrative
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Chapter 12: Obtaining Statements and Confessions for Use
As Evidence
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Q1) In a single criminal trial, the _______ rule generally involves situations where there are multiple defendants involved in a single criminal defense.
Q2) Brutality and violence are not consistent with due process.
A)True
B)False
Q3) The Miranda rule is based on the Fifth and Sixth Amendments.
A)True
B)False
Q4) Sometimes even silence can constitute an incriminating statement
A)True
B)False
Q5) Under what circumstances may a confession be deemed unconstitutional? Discuss each.
Q6) Explain the Bruton rule and give an example.What are some of the things the prosecution can do to deal with Bruton problems?
Q7) __________does not apply to routine booking questions.
Page 15
Q8) Once a Miranda waiver is given, it may not be withdrawn.
A)True
B)False
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Page 16
Chapter 13: The Law Governing Identification Evidence
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Q1) Many businesses, apartment buildings, schools and public places have _________ cameras, which can be used as sources of obtaining identification evidence.
Q2) Facts that show that a crime has actually taken place is referred to as the __________ of the case.
A)corpus delicti
B)burden of proof
C)totality of the circumstances
D)preponderance of the evidence
Q3) In 2007, due to the use of DNA in criminal cases, the ___ person was found innocent.
A)75
B)120
C)200
D)100
Q4) What are the rules for lineups as identification as defined by the National Council of Judges?
Q5) A one-on-one demonstration between a victim or witness and a suspect is called a
Q6) Define the AMBER alert system.
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Chapter 14: Obtaining Physical and Other Evidence
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Q1) Stop and frisk require that the officer have, at a minimum,
A)reasonable suspicion.
B)probable cause.
C)reasonable cause.
D)proof beyond a reasonable doubt.
Q2) The purpose of a frisk is to find
A)evidence of crime.
B)identification information.
C)weapons
D)contraband.
Q3) ___________searches are therefore not searches for incriminating evidence.
A)Consent
B)Inventory
C)Custodial
D)Private
Q4) A Terry stop is a brief, investigative detention (short of an arrest).
A)True
B)False
Q5) Warrantless searches and seizures inside a __________ are presumptively (generally) unreasonable under the Fourth Amendment.
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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) If police fear violence or destruction of evidence when executing a search warrant, they can request a ____________ warrant.
A)general
B)anticipatory
C)no-knock
D)participatory
Q2) The Fourth Amendment requires that warrants be based on reasonable suspicion.
A)True
B)False
Q3) Much of the law of wiretapping and electronic surveillance was changed by the USA _____________ Act.
A)PATRIOT
B)Anti-Terrorism
C)Electronic Interceptions
D)Communications Control
Q4) The broadcast portion of cell phone conversations is not covered by federal law.
A)True
B)False
Q5) Discuss overheard conversations in terms of evidence collection. Page 19
Q6) Discuss using Global Positioning Systems (GPS) in evidence collection.
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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) Proof of chain of custody of evidence is not required in most _______ cases.
A)sexual assault
B)drug
C)drug paraphernalia
D)theft and shoplifting
Q3) All arrest and search warrants require, at a minimum,
A)reasonable suspicion.
B)probable cause.
C)clear and convincing evidence.
D)proof beyond a reasonable doubt.
Q4) The hot-pursuit exception to the warrant requirement does not apply to homes.
A)True
B)False Page 21
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Chapter 17: Videotapes, Photographs, Documents, and Writings As Evidence
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Q1) The party seeking to have a writing or document admitted must show that it is genuine or _____________.
A)complicit
B)exculpatory
C)authentic
D)replicable
Q2) The silent witness method is used to authenticate ___________ evidence.
Q3) The following types of circumstantial evidence may be used to show that documents are authentic and genuine.
Q4) 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
Q5) Under the ancient documents rule, the document must be at least ___________ years old.
Q6) The best evidence rule is also known as the ____________ document rule.
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Chapter 18: Scientific Evidence
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Q1) Describe the Federal DNA Act.
Q2) In response to its decision in Daubert, the U.S.Supreme Court created Rule 702 of the Federal Rules of Evidence.
A)True
B)False
Q3) DNA is an acronym for Disulfide acid.
A)True
B)False
Q4) One of the factors in Rule 702 is the extent to which the scientific testimony will aid the trier of fact.
A)True
B)False
Q5) For many years prior to 1993, federal courts utilized the ____________ test for the admissibility of scientific evidence.
A)Ginsburg
B)Alito
C)Connor
D)Frye
Q6) The field of _______________ involves the study of blood.
Page 24
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