Legal Studies: Criminal Procedure
Practice Questions
Course Introduction
Legal Studies: Criminal Procedure explores the principles and processes that govern the investigation and prosecution of criminal offenses within the justice system. The course examines constitutional protections afforded to individuals, including search and seizure laws, arrest procedures, the rights to counsel and due process, and the exclusion of evidence obtained unlawfully. Students analyze key Supreme Court decisions, statutory frameworks, and policy debates that shape the conduct of law enforcement and the rights of the accused. Emphasis is placed on understanding the balance between community safety and individual liberties, as well as the procedural steps from investigation and arrest through trial, verdict, and appeal.
Recommended Textbook
Criminal Procedure 3rd Edition by Matthew Lippman
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Chapter 1: An Introduction to Criminal Procedure
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Sample Questions
Q1) Defense attorneys regularly file a motion for _____, which requires the prosecution to turn over relevant evidence for an upcoming trial.
Answer: discovery
Q2) Which organization has the legal authority to interpret and apply the rules established in the U.S. Constitution?
A)The U.S. Congress
B)The U.S. Supreme Court
C)The U.S. president
D)State governors
Answer: B
Q3) The U.S. Constitution holds that if a case is brought before the U.S. Supreme Court and no precedent is found to guide the Court's decision, it is to look to rulings on the issue from courts in England, Spain, and France.
A)True
B)False
Answer: False
Q4) The lowest level of the federal court system is made up of 94 _____.
Answer: district courts
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3
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) Each of the following amendments have been incorporated at least partially except which?
A)Second
B)Third
C)Sixth
D)Eighth Answer: B
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Chapter 3: Searches and Seizures
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Sample Questions
Q1) Explain why a warrant is not necessary to search through someone's trash.
Answer: It's abandoned property.
Q2) The U.S. Supreme Court has also recognized a "plain feel" and "plain smell" doctrines, similar to "plain view."
A)True
B)False
Answer: True
Q3) The Fourth Amendment prohibits _____ searches without a warrant.
A)"all"
B)"unconstitutional"
C)"secret"
D)"unreasonable"
Answer: D
Q4) When does a Fourth Amendment seizure of a person occur?
Answer: A Fourth Amendment seizure occurs when a law enforcement officer detains an individual and restricts his or her freedom of movement
Q5) For which kind of police-citizen interaction do officers not need justification?
Answer: encounters
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Chapter 4: Stop and Frisk
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Sample Questions
Q1) Which of the following factors is not considered in the determination of reasonable suspicion?
A)The race of the individual in question
B)Evading the police
C)Acting nervous during an encounter with the police
D)A high-crime area
Q2) Explain what factors judges consider in instances in which a suspect threatens an officer's safety and the police resort to physical force, to displaying a weapon, or to detaining an individual in a squad car.
Q3) Race can be considered when using a profile, as long as it is one of many factors used.
A)True
B)False
Q4) Which of the following is one of the seven primary characteristics of Markonni's drug profile?
A)Carrying little or no luggage or large quantities of empty suitcases
B)Immediately making a telephone call after deplaning
C)Leaving a false or fictitious call-back telephone number with the airline
D)Excessively frequent travel to source or distribution cities
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Chapter 5: Probable Cause and Arrests
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Sample Questions
Q1) The requirement that warrants must specify what area is to be searched for which items or which item or person is to be seized is known as the _____ requirement.
A)specificity
B)particularity
C)individuality
D)Franks
Q2) If a suspect has so much as a finger or a toe outside a doorway to the home, the arrest is no longer considered an arrest "in the home."
A)True
B)False
Q3) Which of the following is not an observation an officer may rely on when making a probable cause determination?
A)Smells
B)Direct observations
C)Intuition
D)Overheard statements
Q4) An officer's sworn statement, submitted to apply for a warrant, is known as a/an
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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) Officers are allowed to conduct a complete search of an automobile in the form of an inventory, but only if it is not a pretext to an investigative search.
A)True
B)False
Q3) The U.S. Supreme Court has ruled that officers are required to inform individuals of their rights to refuse to consent to a search.
A)True
B)False
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Chapter 7: Inspections and Regulatory Searches
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Q1) When observed in plain view during a valid administrative search, evidence of criminal activity _____.
A)may be immediately seized by police
B)may be seized by police if they obtain consent from the owner
C)can serve to show probable cause to obtain a warrant to seize the item(s)
D)must be ignored by police
Q2) The U.S. Supreme Court has held that administrative warrants to search a house may be based on "_____."
Q3) Which of the following would not be considered a legitimate reason to establish a motor vehicle checkpoint?
A)Checking vehicles for illegal aliens
B)Checking the sobriety of drivers
C)Checking vehicles for smuggled narcotics
D)All of the above are valid.
Q4) Special-needs searches are more likely than administrative inspections to be carried out by a police officer.
A)True
B)False
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Chapter 8: Interrogations and Confessions
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Sample Questions
Q1) What are the four interrelated purposes of the voluntariness test?
Q2) The Sixth Amendment applies to government actors at which point in the criminal process?
A)Once an investigation has begun
B)Once an investigation focuses on a specific individual
C)Once a suspect has been brought in for questioning
D)Once judicial proceedings have been initiated against a suspect
Q3) The constitutional right to counsel during interrogation stems from the Fifth Amendment.
A)True
B)False
Q4) The Sixth Amendment right against self-incrimination applies to _____.
A)communicative evidence
B)the taking of blood samples
C)the examination of scars
D)all of the above
Q5) One common concern when it comes to confessions is that a suspect's IQ may be too low for him/her to fully appreciate the situation.
A)True
B)False
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Chapter 9: Eyewitness and Scientific Identifications
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Sample Questions
Q1) "Lie detector" tests are know by the technical name _____.
Q2) The U.S. Supreme Court has held that the right to counsel applies to which of the following?
A)A preindictment corporeal identification lineup
B)A postindictment corporeal identification lineup
C)A preindictment noncorporeal identification lineup
D)A postindictment noncorporeal identification lineup
Q3) The Frye test is used to determine _____.
A)how well a scientific technique meshes with the defendant's rights
B)whether a scientific technique has been carried out by a sufficiently trained individual
C)whether a scientific technique is explained clearly enough to a jury
D)whether a scientific technique is sufficiently established and accepted
Q4) Some state courts have taken broad steps to ensure the reliability of eyewitness identification, yet the Supreme Court held that courts are not required to screen such evidence for reliability absent suggestive identification procedures created by the police. Why do you think there is a disconnect, and should we do more to ensure accurate suspect identification?
Q5) Lineups of photographs of a possible suspect among many other photos are known as _____.
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Chapter 10: The Exclusionary Rule and Entrapment
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Sample Questions
Q1) In Wolf v. Colorado, the U.S. Supreme Court _____.
A)incorporated the Fourth Amendment to the states
B)expanded the exclusionary rule to the states
C)held the silver-platter doctrine unconstitutional
D)held the fruit-of-the-poisonous-tree doctrine unconstitutional
Q2) Any evidence that is discovered as a result of other any other evidence is known as
A)derivative evidence
B)indirect evidence
C)secondary evidence
D)fruit of the poisonous tree
Q3) Which of the following is true regarding any evidence seized as a result of unconstitutionally seized evidence is inadmissible at trial?
A)It is admissible in state court upon a showing of necessity.
B)It is inadmissible at trial.
C)It is admissible but only during jury deliberation.
D)It is inadmissible unless the prosecution requests its admission.
Q4) Evidence that is obtained as a derivation of other evidence that was obtained unconstitutionally is known as _____.
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Chapter 11: Civil and Criminal Remedies for Constitutional Violations
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Q1) The U.S. Supreme Court has held that when hiring potential law enforcement officers, local governments must thoroughly investigate their backgrounds so as to ensure safety of the citizens and to protect the government from a § 1983 suit.
A)True
B)False
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) Parole officers and probation officers are granted _____ from § 1983 suits.
Q4) An allegation against the police investigated by internal affairs will be ruled not sustained if the evidence does not sufficiently clearly prove or disprove the allegation.
A)True
B)False
Q5) Police officers possess official immunity from tort actions.
A)True
B)False
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Chapter 12: The Initiation of the Legal Process, Bail, and the Right to Counsel
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Q1) Which of the following is not a reason judges are extremely reluctant to review prosecutorial decisions to prosecute?
A)The lack of prosecutorial experience on the part of the judges
B)The traditional roles of judges going back to English common law
C)The large amount time and money required for such oversight
D)Separation of powers between the executive and judicial branches
Q2) The U.S. Supreme Court requires lawyers to conduct an investigation into possible mitigating circumstances in which cases?
A)All felonies
B)All homicides
C)First-degree murder cases
D)Capital cases
Q3) In the same amendment that prohibits "cruel and unusual" punishment, one can find a provision barring "_____" bail.
Q4) The provision barring "excessive bail" is found in the _____.
A)Equal Protection Clause
B)Sixth Amendment
C)Seventh Amendment
D)Eighth Amendment
Page 14
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Chapter 13: The Courtroom: The Pretrial and Trial Process
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Q1) According to the U.S. Supreme Court's holdings and justifications, which of the following state juries is both sufficiently large and has sufficient unanimity to convict a defendant?
A)A 12-member jury voting 7-5
B)A 10-member jury voting 9-1
C)A 6-member jury voting 5-1
D)A 5-member jury voting 5-0
Q2) In order for the exclusion of a certain group from jury venire to be unconstitutional, the exclusions must be systematic.
A)True
B)False
Q3) A grand jury indictment is required to possess all but which of the following?
A)The essential legal elements of the crime
B)Defendant's criminal intent
C)Defendant's criminal acts
D)Exculpatory evidence
Q4) 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?
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Chapter 14: Sentencing and Appeals
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Q1) An offender is convicted of misdemeanor vandalism, but instead of being sentenced to jail, she is given 200 hours of community service, much of which is spent cleaning up her own graffiti and similar acts of vandalism. This is an example of which purpose of punishment?
A)Deterrence
B)Incapacitation
C)Rehabilitation
D)Restitution
Q2) The various states have granted different levels of discretion to judges in regard to how they may or may not sentence defendants. List, define, and explain these sentencing schemes.
Q3) Which of the following was not given by the U.S. Supreme Court in Kennedy v. Mendoza-Martinez as a consideration as to whether a law is or is not criminal?
A)Whether the penalty imposed has been viewed as criminal in the past
B)Whether the population considers the action as deserving of criminal punishment
C)Whether the penalty involves a significant restraint on individual freedom
D)Whether the penalty is imposed due to an individual's intentional wrongdoing
Q4) _____ is the purpose of punishment based on the concept of just deserts.
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Chapter 15: Counterterrorism
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Q1) Terrorism involving individuals from more than one country or terrorism that involves the territory of more than one country is known as _____.
Q2) The primary purpose of a FISA warrant must be to investigate a threat to national security or _____.
A)a threat of espionage
B)a threat of sedition
C)a threat of terrorism
D)a threat of treason
Q3) What are enhanced interrogation techniques? When can they be used? Do you agree with their use?
Q4) In order to issue a material witness warrant, the government must establish evidence of the subject's flight risk to a "near certainty."
A)True
B)False
Q5) When conducting military commissions of enemy combatants, President Bush urged the commissions to institute full court-martial procedures.
A)True
B)False
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