Procedures in Criminal Justice Practice Exam
Course Introduction
Procedures in Criminal Justice provides an in-depth exploration of the formal steps and legal processes that govern the handling of criminal cases from investigation through trial and appeal. The course examines constitutional protections, arrest procedures, search and seizure laws, interrogation rights, arraignment, bail, plea bargaining, pretrial motions, trial methodologies, sentencing, and post-conviction remedies. Students analyze landmark court decisions, procedural rules, and the roles of various criminal justice professionals to gain a comprehensive understanding of how these procedures work together to balance the interests of society, the state, and the individual.
Recommended Textbook
Criminal Evidence 8th Edition by Judy Hails
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Chapter 1: Introduction
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Q1) Compare and contrast the roles of the prosecutor as part of the adversary system and as required by Due Process.
Answer: Adversary system: file charges; vigorously negotiate plea bargain; present evidence at trial; make objections during trial; seek to persuade judge at sentencing.Due Process: not file charges if there is no probable cause to support them; give defense exculpatory evidence; work to free defendant if prosecutor learns of evidence indicating that he/she was wrongly convicted
Q2) The rules we currently use for admitting evidence at trial are very similar to the ones used in England at the time the United States declared its independence.
A)True
B)False
Answer: False
Q3) It is unethical for a defense attorney to represent a person charged with a crime if the attorney does not personally believes that the person is innocent.
A)True
B)False
Answer: False
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Chapter 2: The Role of the Courts
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Q1) The largest portion of the workload of the trial courts is related to:
A)processing warrants.
B)pre-trial events.
C)trials.
D)sentencing.
Answer: B
Q2) Geographical jurisdiction of a court in a criminal case is based on the location where the crime was committed.
A)True
B)False Answer: True
Q3) Section 1985 (Civil Rights Act) applies to anyone who deprives a person of his/her constitutional rights.
A)True
B)False
Answer: True
Q4) A federal judge can be impeached if convicted of a felony.
A)True
B)False
Answer: True
Page 4
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Chapter 3: The Adjudication Process
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Q1) The sentencing hearing is usually held immediately after the jury verdict is read in court.
A)True
B)False
Answer: False
Q2) The criminal complaint is filed by the prosecution to start the criminal court proceedings.
A)True
B)False
Answer: True
Q3) Detective Dan has asked Paula the Prosecutor to file embezzlement charges against Eric, an employee who failed to put money from sales into the cash register.What will Paula consider
A)How much money was taken.
B)How many credible witnesses can testify about the case.
C)Whether Eric's employer wants the case to go to court.
D)All of these will be considered
Answer: D
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Chapter 4: Types of Evidence
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Q1) Which would be considered direct evidence
A)Mike's testimony that he saw the theft occur.
B)Nate's testimony that he discovered the ring was missing.
C)Owen's testimony the Rick tried to pawn a ring.
D)Patty's testimony that she threw a ring at Ricky.
Q2) What would provide the best corroboration for Mike's testimony
A)Nate's testimony that the display case was empty after Ricky left the store.
B)Owen's testimony that Ricky tried to pawn a ring.
C)Patty's testimony that Mike was not present when she threw her engagement ring at Ricky.
D)Mike's testimony cannot be corroborated unless Ricky takes the stand and confesses.
Q3) When a piece of evidence is referred to as "material," "material" means:
A)it is relevant and more than remotely connected to the fact.
B)it is relevant to an important fact in the case.
C)the prosecution cannot win a conviction without this piece of evidence.
D)relevant and material are synonymous - any fact that is relevant is also material.
Q4) List three (3) types of substitutes for evidence and explain their use in court.Why are substitutes for evidence used in the courtroom
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Page 6
Chapter 5: Direct and Circumstantial Evidence
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Q1) The defendant's offer to plead guilty is not admissible at trial.
A)True
B)False
Q2) Both direct and circumstantial evidence require the jury to draw an inference in order to establish the fact.
A)True
B)False
Q3) The fact that Alice threw the EpiPen in the trash can be introduced as:
A)Circumstantial Evidence of Intent.
B)Circumstantial Evidence of Guilt.
C)Circumstantial Evidence of Ability to Commit the Crime.
D)Other Acts evidence.
Q4) The fact that the defendant failed to testify at trial cannot be used as circumstantial evidence of his/her guilt.
A)True
B)False
Q5) Explain the rules about introducing circumstantial evidence of intent to commit the crime.Give three examples of evidence that can be used for this purpose.
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Chapter 6: Witnesses
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Q1) In most states, if a psychiatrist testifies as an expert in a case where the defendant entered a plea of Not Guilty by Reason of Insanity, he/she may give:
A)professional opinion that defendant is insane.
B)description of how mental illness likely effected the defendant's behavior.
C)personal opinion that the defendant is not responsible for his/her actions.
D)all of these
Q2) Bias or prejudice can be shown by:
A)friendship.
B)racism.
C)having a financial interest in the outcome of the case.
D)all of these can be used to show bias or prejudice
Q3) Witnesses can be impeached only if they are biased or prejudiced against the defendant.
A)True
B)False
Q4) A mental evaluation will be conducted if there is a question about the competency of a person who is being called to testify as a witness at trial.
A)True B)False
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Chapter 7: Crime Scene Evidence and Experiments
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Q1) Access to the crime scene should be restricted to as few people as possible because:
A)it prevents the media from erroneously reporting the facts.
B)it eliminates the chances of someone planting evidence.
C)it prevents people from removing evidence.
D)All of these are important reasons for limiting access to crime scene.
Q2) In cases involving seizures of large quantities of controlled substances, all the drugs seized must be tested to establish their identity.
A)True
B)False
Q3) Under the Federal Rules of Evidence, experiments:
A)must follow a rigid set of standards.
B)are treated the same as any other type of evidence.
C)not admissible in federal court.
D)are admissible if the person who conducted them qualifies as an expert witness.
Q4) Identification based on blood typing is more accurate than DNA testing.
A)True
B)False
Q5) Explain the importance of scientific evidence in criminal trials.
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Chapter 8: Documentary Evidence, Models, Maps, and Diagrams
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Q1) A forensic documents examiner can tell someone altered a document and determine what the document originally said:
A)if a razor blade was used to remove what a part of the document originally said.
B)if sandpaper was used to remove what a part of the document originally said.
C)if chemicals were used to obliterate portions of the original document.
D)no matter what technique was used.
Q2) A notarized document is self-authenticating if:
A)it is signed by a senior notary.
B)the notary attaches a statement that states what the document is intended for.
C)the person who made the document signs a statement that states what the document is intended for.
D)notarized documents are not self-authenticating.
Q3) All documents stored on computers used by a business are covered by the Business Records Exception to the Hearsay Rule if a technician testifies that the system has not been "hacked."
A)True
B)False
Q4) Explain how the Business Records Exception to the Hearsay Rule..
Page 10
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Chapter 9: Hearsay and Its Exceptions
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Q1) The Dying Declaration Exception to the Hearsay Rule is one of the best known rules of evidence.Explain how a police officer would go about obtaining an admissible Dying Declaration.
Q2) Will Pat's statement to the 911 operator be admissible
A)Yes, it is testimonial hearsay.
B)Yes, it was an excited utterance.
C)No, she was not qualified to determine how serious the injuries were.
D)No, she is not qualified to evaluate Oscar's intent.
Q3) Will Kim be allowed to testify that Mike, a mutual friend, told her that Jerry told him that he planned to sell the painting for $1 million
A)Yes, Kim's statement falls under co-conspirator statements.
B)Yes, Jerry's statement is an admission.
C)No, what Jerry told Mike is double hearsay.
D)No, Kim lacks credibility because she is a co-conspirator.
Q4) A statement qualifies as a spontaneous statement only if it was made while the declarant was still under the stress and excitement of the event.
A)True
B)False
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Chapter 10: Privileged Communications
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Q1) The clergy-penitent privilege currently applies:
A)only to statements made in the confessional.
B)to all private conversations between the clergy and members of their congregation.
C)to confidential communications for the religious guidance in compliance with the denomination's doctrines.
D)only to the confidential conversation between a member of the clergy and members of his/her congregation.
Q2) All attorneys are mandated to disclose threats of violence made by their clients regardless of any privileged relationship that exists.
A)True
B)False
Q3) The prosecution's use of a privilege that was not part of the common law in order to prevent testimony from being introduced at a criminal trial violates the defendant's Sixth Amendment rights.
A)True
B)False
Q4) Explain the defendant's constitutional rights to information in the hands of the police.
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Page 12
Chapter 11: Developing Law of Search and Seizure
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Q1) The facts presented to a judge to support issuing a search warrant should be very detailed because:
A)only one request for a search warrant is allowed per case.
B)the judge will use them to independently decide if there is probable cause.
C)they must establish beyond a reasonable doubt where the evidence is located.
D)the prosecutor will rely on them at the Preliminary Hearing.
Q2) Officers may conduct a protective sweep when executing a search warrant only if they have prior authorization from a judge.
A)True
B)False
Q3) What documents should Officer Allen have given Judge Crawford in order to obtain a valid search warrant
A)The police report
B)An affidavit
C)A Return
D)Officer Allan should have given Judge Crawford all of these items.
Q4) Search warrants are issued by the prosecutor.
A)True
B)False
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Chapter 12: Field Interviews, Arrests, and Jail Searches
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Q1) Did Officer Mertz violate Lonnie's right when she did not give him Miranda warnings prior to asking if he had been smoking
A)Yes, Officer Mertz is required to give Miranda warnings before questioning anyone.
B)Yes, Officer Mertz is required to give Miranda warnings whenever she asks questions during a Terry stop.
C)No, Officer Mertz is not required to give Miranda warnings when she stops someone for a Vehicle Code violation and does not arrest them.
D)No, Officer Mertz is only required to give Miranda warnings when questioning someone at the police station.
Q2) Explain a correctional officer's right to search a person and items in the person's possession: (1) at the time of booking; and (2) while the person is in jail.
Q3) A patdown for weapons may be done if there is reasonable suspicion that a person is armed.
A)True
B)False
Q4) Explain the Fourth Amendment standard for the use of force.
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Chapter 13: Plain View, Consent, Vehicles, and Administrative Searches
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Q1) Consent given by a person with apparent authority over the area to be searched is valid.
A)True
B)False
Q2) The Supreme Court has approved administrative warrants to be used for searches for:
A)violation of the building code
B)violations of sanitation codes
C)search for undocumented workers in factories
D)all of these have been approved
Q3) A warrantless search of a vehicle based on probable cause:
A)is only permitted if there is an emergency that makes it impossible to obtain a search warrant before the car leaves the jurisdiction.
B)must be done at the scene immediately after the vehicle is detained.
C)can be done after the car is impounded.
D)is not allowed without a search warrant.
Q4) Police officers must advise suspects of their right to refuse to give consent.
A)True
B)False
Q5) Explain the search and seizure rules which apply to abandoned property.
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Chapter 14: Usa Patriot Act, Foreign Intelligence, and Other Electronic Surveillance
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Q1) The Exclusionary Rule that is part of the Wiretap Act of 1968 states that information obtained using wiretaps that were not obtained in compliance with this Act is not admissible:
A)in criminal trials.
B)during Grand Jury hearings.
C)before any government agency.
D)in any hearing, trial or other proceeding.
Q2) The police can prohibit private persons from taking pictures of police making arrests. A)True B)False
Q3) The Foreign Intelligence Surveillance Act (FISA) of 1978, as amended by the USA PATRIOT Act, provides the framework for obtaining electronic surveillance warrants for: A)use of electronic surveillance inside the United States for foreign intelligence
B)investigation of criminal activity by foreign countries and their citizens .
C)gathering intelligence on activities of foreign countries outside the United States.
D)all of these are all correct
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Chapter 15: Self-Incrimination
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Q1) Compare and contrast interrogation during a stop based on reasonable suspicion and one after arrest.
Q2) Officers must stop questioning immediately if a suspect makes an ambiguous request to have an attorney present during questioning.
A)True
B)False
Q3) Can Lonnie assert the Fifth Amendment as grounds to refuse to participate in a line-up
A)Yes, being picked out of a line-up is incriminating.
B)Yes, Lonnie can invoke his Miranda rights and refuse to participate in any activity the police are engaged in.
C)No, the right to refuse to participate in a line-up does not apply prior to arraignment or indictment.
D)No, participation in a line-up is not a form of testimonial communication.
Q4) Statements obtained from the defendant in violation of Miranda can be used for impeachment as long as the statements were made voluntarily.
A)True
B)False
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Chapter 16: Identification Procedures
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Q1) Only one lineup is allowed in a case.
A)True
B)False
Q2) A suspect has a Sixth Amendment right to have an attorney present at a lineup that is conducted after the preliminary hearing.
A)True
B)False
Q3) A photographic lineup consists of a group of pictures which the eyewitness is asked to look at and tell the officer if the suspect is in the group.
A)True
B)False
Q4) When a suspect exercises his/her Sixth Amendment right to have an attorney present during a lineup, the attorney can:
A)Observe the lineup
B)Give the police instructions on how to conduct the lineup
C)Cross examine the eyewitnesses who viewed the lineup
D)The attorney can do all of these
Q5) Explain the Due Process standards that apply to showups, lineups and photographic lineups.
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Chapter 17: Preparing the Case for Court
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Q1) If a police officer displays hostility toward the defendant while testifying, the officer may be impeached for:
A)unprofessional conduct.
B)bias, motive or prejudice.
C)prior inconsistent statements.
D)Officers cannot be impeached unless they lie under oath.
Q2) Officers should not talk to jurors outside the courtroom.
A)True
B)False
Q3) When presenting a case to the prosecutor, a police officer should discuss the witnesses:
A)and report their statements in the best possible light.
B)give the prosecutor copies of their statements and make no comments.
C)tell the prosecutor both the strengths and weaknesses of each witness.
D)tell the prosecutor only his/her personal opinions about the witnesses.
Q4) The police officer in charge of the case should:
A)develop a method to keep track of all the evidence in the case.
B)rely on the prosecutor to keep track the evidence in the case.
C)use a database maintained by the lab that conducts tests on the evidence.
D)rely on each witness to keep track of evidence he/she will need in court.
Page 19
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