Rights of the Accused Review Questions https://quizplus.com/study-set/1338 15 Chapters 900 Verified Questions
Rights of the Accused Review Questions Course Introduction This course explores the constitutional and legal rights afforded to individuals accused of crimes within the criminal justice system. Topics include the presumption of innocence, the right to counsel, protection against self-incrimination, the right to a fair and speedy trial, standards for lawful searches and seizures, and the protections against cruel and unusual punishment. Through analysis of landmark Supreme Court decisions and statutory frameworks, students will examine how these rights are applied in practice and discuss contemporary debates surrounding criminal procedure and due process.
Recommended Textbook Criminal Procedure for the Criminal Justice Professional 12th Edition by John N. Ferdico
Available Study Resources on Quizplus 15 Chapters 900 Verified Questions 900 Flashcards Source URL: https://quizplus.com/study-set/1338
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Chapter 1: Individual Rights Under the United States Constitution Available Study Resources on Quizplus for this Chatper 60 Verified Questions 60 Flashcards Source URL: https://quizplus.com/quiz/26682
Sample Questions Q1) The primary significance of the Marbury v. Madison decision is that it _____. A) created the judicial branch of government and asserted its independence B) declared that it is the duty of the judiciary to expound and interpret the law C) established the power and authority of the Chief Justice position on the Court D) applied the provisions in the Bill of Rights to state proceedings Answer: B Q2) The Sixth Amendment provides a right to be represented by counsel only in criminal prosecutions that may result in imprisonment. A)True B)False Answer: False Q3) Although there is inherent tension between the crime control and due process models, _____. A) criminal justice has consistently focused more on crime control B) criminal justice has consistently focused more on due process C) the relative emphasis on crime control or due process has shifted over time D) activities during the 1960s caused a marked shift towards crime control Answer: C To view all questions and flashcards with Page answers, 3 click on the resource link above.
Chapter 2: Criminal Courts, Pretrial Processes, and the Exclusionary Rule Available Study Resources on Quizplus for this Chatper 60 Verified Questions 60 Flashcards Source URL: https://quizplus.com/quiz/26683
Sample Questions Q1) The prosecutor's failure to disclose evidence which would show the defendant to be not guilty is a violation of the ______________. Answer: Brady Rule Q2) The primary duty of the ______________ is to receive complaints in criminal cases, hear the evidence put forth by the state, and return an indictment when a majority of the grand jury is satisfied that there is probable cause that the defendant has committed an offense. Answer: grand jury Q3) When a defendant stands mute, a plea of _____ is entered on his or her behalf. A) not guilty B) guilty C) nolo contendere D) innocent Answer: A Q4) In felony cases, the purpose of the initial appearance is to accept the defendant's plea. A)True B)False Answer: False
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Chapter 3: Basic Underlying Concepts: Property, Privacy, Probable Cause, and Reasonableness Available Study Resources on Quizplus for this Chatper 60 Verified Questions 60 Flashcards Source URL: https://quizplus.com/quiz/26684
Sample Questions Q1) Katz v. U.S. (1967) held that a person's Fourth Amendment rights are implicated wherever the person has an expectation of __________which society is prepared to recognize as reasonable. Answer: privacy Q2) Third party information is often referred to as ________. Answer: hearsay Q3) A criminal informant's ________is never presumed but must be established, usually by demonstrating the informant's track record of having given accurate information in the past. Answer: credibility Q4) The Gates v. Illinois (1983) decision abandoned rigid adherence to the Aguilar-Spinelli criteria in favor of a __________ approach to determining probable cause. Answer: "totality of the circumstances" Q5) The elements of the __________ two-pronged test are important considerations in determining the existence of probable cause based on informant testimony. Answer: Augilar-Spinelli 5 click on the resource link above. To view all questions and flashcards with Page answers,
Chapter 4: Criminal Investigatory Search Warrants Available Study Resources on Quizplus for this Chatper 60 Verified Questions 60 Flashcards Source URL: https://quizplus.com/quiz/26685
Sample Questions Q1) In the case of Franks v. Delaware, the Court determined that if a search warrant was issued based on some inadvertent exaggeration by the applying officer of the factual basis for the warrant, the seized items must be suppressed as evidence. A)True B)False Q2) Relating to arrest and search warrants, the doctrine of severability _____. A) enables total suppression of evidence in instances where a warrant is deficient B) allows co-defendants to be charges separately C) allows a defendant with multiple counts to be tried separately on each count D) allows problematic clauses of a warrant to be redacted while preserving the remaining clauses Q3) If a portion of a warrant is deficient with respect to the probable cause and particularity requirements then the entire warrant will be judged to be constitutionally invalid. A)True B)False Q4) What is meant by the "curtilage" around a home? Briefly explain what is meant by appurtenant property. To view all questions and flashcards with answers, click on the resource link above. Page 6
Chapter 5: Searches for Electronically Stored Information and Electronic Surveillance Available Study Resources on Quizplus for this Chatper 60 Verified Questions 60 Flashcards Source URL: https://quizplus.com/quiz/26686
Sample Questions Q1) Prior to the passing of Title III of the Omnibus Crime Control and Safe Streets Act of 1968, the United States Government utilized a "national security exception" to conduct warrantless electronic surveillance of foreign powers. In 1978, the Foreign Intelligence Surveillance Act (FISA) was passed as a result of the _____. A) Watergate scandal B) abuses of the Vietnam war C) Iranian Hostage Crisis D) violent acts by student groups Q2) The __________ provides that any person may intercept an electronic communication made through a system that is configured so that the communication is readily accessible to the general public. Q3) Compare and contrast an interception order under Title III of the Wiretap Act and an ordinary search warrant. Q4) The case of Dalia v. United States ruled that a judicial order to place an eavesdropping device by law enforcement in a business or residence need not have a separate order specifically authorizing the __________ entry to install the device. Q5) Outline the two stage process used for most searches of electronically stored information.
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Chapter 6: Administrative and Special Needs Searches Available Study Resources on Quizplus for this Chatper 60 Verified Questions 60 Flashcards Source URL: https://quizplus.com/quiz/26687
Sample Questions Q1) There is _____ at any U.S. borders or their functional equivalents, such as airline terminals or cruise ship terminals. A) no reasonable expectation of privacy B) reasonable expectation of privacy C) little use for the Constitution D) greater expectations of privacy Q2) Which statement about the opinion of the Court in Safford Unified School District v. Redding (2009) is true? A) The Court ruled that the definition of a "strip search" includes who was looking and how much was seen. B) The Court ruled that the school officials exceeded the scope of a reasonable search. C) The Court ruled the strip search to be unconstitutional. D) The Court ruled that, in this instance, there was no strip search. Q3) Warrantless searches are allowed for certain licensed and __________ industries. Q4) Relate the Court's decision in the Ferguson v. Charleston (2001) case. What was the essential problem with the hospital's policy? Q5) Explain the differences between a criminal search and an administrative search. To view all questions and flashcards with answers, click on the resource link above. Page 8
Chapter 7: Arrests, Searches Incident to Arrest, and Protective Sweeps Available Study Resources on Quizplus for this Chatper 60 Verified Questions 60 Flashcards Source URL: https://quizplus.com/quiz/26688
Sample Questions Q1) For a search incident arrest to be constitutionally valid, the search must be contemporaneous to the arrest. What does this mean? A) the search must be conducted at the exact time that the arrest occurs. B) the search is conducted at the same time, or shortly thereafter, the point at which probable cause to arrest develops. C) the search is conducted at the same time, or shortly thereafter, the point at which reasonable suspicion to arrest develops. D) the search must be conducted at the exact time and location that the arrest occurs. Q2) Why are exceptions to the warrant requirement sometimes allowed? Do you feel exceptions should be permitted? Explain your reasoning. Q3) An officer has made an investigative stop based on reasonable suspicion. The officer has put the suspect in handcuffs in the back seat of the patrol car, but has not resolved her original suspicions. This would be considered a seizure __________. Q4) State the elements of a formal arrest. Illustrate by way of example the difference between the concepts tantamount to an arrest and formal arrest. To view all questions and flashcards with answers, click on the resource link above.
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Chapter 8: Stops and Frisks Available Study Resources on Quizplus for this Chatper 60 Verified Questions 60 Flashcards Source URL: https://quizplus.com/quiz/26689
Sample Questions Q1) An officer observes an individual leaving a place the officer believes to be a drug house. As the officer approaches, the man makes furtive gestures, reacts nervously, and changes course quickly before the officer yells out for the man to stop. The man stops. The man is carrying a locked case. Given this scenario, select the true statement. A) The officer is justified to immediately pry open the case and search it. B) The officer is justified to temporarily detain the man and case and have the case sniffed by a drug canine. C) The officer cannot temporarily detain the person, but is justified in detaining the case. D) The officer has probable cause and is justified to place the man under arrest. Q2) Explain how the courts have defined reasonableness, as the concept relates to stops and to frisks. Q3) An officer stops a vehicle for a minor equipment violation in order to investigate a more serious crime involving the occupants. This is often referred to as a(n) _____________. Q4) What is the difference between a frisk and a full search? Q5) Describe the distinctions between a stop and a formal arrest. To view all questions and flashcards with answers, click on the resource link above.
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Chapter 9: Consent Searches Available Study Resources on Quizplus for this Chatper 60 Verified Questions 60 Flashcards Source URL: https://quizplus.com/quiz/26690
Sample Questions Q1) If police state truthfully that they will obtain a warrant if consent is withheld, the consent is considered _________. Q2) Officers knock on an apartment door looking for a male suspect. A female opens the door and the officers learn from her that the suspect is not present and that she is his live-in girlfriend. The officers want valid consent to search. What legal options do the officers' have? A) they must wait till the suspect returns and ask him. B) they may obtain consent from the girl only if she pays at least part of the rent. C) they may, without further inquiry, obtain consent from the girl. D) they may ask the apartment manager. Q3) An employer may consent to a search of any part of the employer's premises over which the employer has exclusive control, but may not consent to a search of an area that the employer has joint authority and control together with a particular employee. A)True B)False Q4) Explain the limitations on consent to search that pertain to the expressed object of the search. To view all questions and flashcards with answers, click on the resource link above.
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Chapter 10: The Plain View Doctrine and Special Needs Searches Available Study Resources on Quizplus for this Chatper 60 Verified Questions 60 Flashcards Source URL: https://quizplus.com/quiz/26691
Sample Questions Q1) What is meant by a controlled delivery and why is it used? Q2) If the contents of a container can be inferred from its outward appearance, distinctive configuration, transparency or other characteristic, the container may be ____________________ by law enforcement officers. If the officer has probable cause to believe items in the container constitute illegal contraband, the officer may seize the container along with these items. Q3) 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 Q4) Officers who are lawfully on premises in hot pursuit of a fleeing suspect may seize items that they have handled, moved, and manipulated to make a determination that the evidence is seizable. A)True B)False Q5) Explain the distinction between a plain view observation and a search. Q6) Define what is meant by a hot pursuit and legal searches surrounding these Page 12 incidents. Q7) Briefly describe the plain view doctrine. To view all questions and flashcards with answers, click on the resource link above.
Chapter 11: Search and Seizure of Vehicles and Containers Available Study Resources on Quizplus for this Chatper 60 Verified Questions 60 Flashcards Source URL: https://quizplus.com/quiz/26692
Sample Questions Q1) Not all drivers and passengers have an expectation of privacy in terms of the items contained in a vehicle. Under the Fourth Amendment these vehicle occupants would be said to lack __________ to challenge a particular vehicle search by police. Q2) Name at least three different scenarios that the courts have ruled that it is within the authority of the police to impound a vehicle. Q3) Select the true statement. A) A person's expectation of privacy in an automobile is the same as a person's expectation of privacy in the contents of mobile luggage. B) A person's expectation of privacy in an automobile is greater than a person's expectation of privacy in the contents of mobile luggage. C) The mere fact that luggage is on wheels does not mean that a warrantless search of the luggage is justified under the principles of Carroll. D) Before luggage can be searched, a warrant is needed in all situations regardless of exigency. Q4) Officers may seize contraband or other items subject to seizure that they observe open to view under the __________ doctrine. To view all questions and flashcards with answers, click on the resource link above.
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Chapter 12: Open Fields and Abandoned Property Available Study Resources on Quizplus for this Chatper 60 Verified Questions 60 Flashcards Source URL: https://quizplus.com/quiz/26693
Sample Questions Q1) A police officer rummages through the garbage of a suspect without probable cause, without a warrant, and without reasonable suspicion. The officer finds incriminating evidence. Unless there is a state law to the contrary, what is the most likely determining factor in the admissibility of the evidence? A) whether the owner of the garbage expected that no one would rummage through the garbage B) whether the garbage was located within the curtilage of the residence C) whether the garbage was located inside or outside of the living quarters D) whether the garbage was placed in a garbage can or left out of the can Q2) Curtilage typically includes _____. A) the fenced area immediately surrounding a house B) the area enclosed by a fence even if it is not near the house C) the fenced area around a house and the immediately adjacent posted fields D) the fenced area around a house and anywhere from which the house can be seen Q3) Some courts use a rule of thumb that the curtilage ends approximately __________ feet from the main dwelling. Q4) Under the plain view doctrine, an officer must be concerned about the validity of the entry into a __________ protected area but under open fields doctrine the officer need not be concerned. To view all questions and flashcards with answers, click on the resource link above. Page 14
Chapter 13: Interrogations, Admissions, and Confessions Available Study Resources on Quizplus for this Chatper 60 Verified Questions 60 Flashcards Source URL: https://quizplus.com/quiz/26694
Sample Questions Q1) The essential ingredient which must be present for a statement to be considered involuntary is police __________. 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) The major issues of Miranda hinge on the meaning of four terms. Which of the following is NOT one of the four? A) custody B) interrogation C) warning D) arrest To view all questions and flashcards with answers, click on the resource link above. Page 15
Chapter 14: Pretrial Visual Identification Procedures Available Study Resources on Quizplus for this Chatper 60 Verified Questions 60 Flashcards Source URL: https://quizplus.com/quiz/26695
Sample Questions Q1) In which of the following circumstances would it be appropriate to use a showup identification? A) Police apprehend a suspect near the scene of the crime shortly after commission of the crime. B) Police take a description from the eyewitness and have probable cause to believe that she is describing a known suspect. C) The witness refuses to go to the police station for a lineup. D) Police are unable to find any volunteers to participate in a lineup. Q2) Briefly discuss the problems that may be associated with multiple line-ups or photo arrays. Q3) Name three of the five factors in Neil v. Biggers, 1972, that the court stated should be considered in evaluating the likelihood of misidentification. Q4) Explain the concept of incomplete sensory acquisition. Q5) Briefly explain what is meant by cross-racial identification bias. Q6) The people who appear in a lineup or photo array other than the suspect are called __________. Q7) Give two examples that the courts have stated that may be prejudicial when presenting a photo array to a victim of a crime. Page 16 To view all questions and flashcards with answers, click on the resource link above.
Chapter 15: Criminal Trials, Appeals, and Postconviction Remedies Available Study Resources on Quizplus for this Chatper 60 Verified Questions 60 Flashcards Source URL: https://quizplus.com/quiz/26696
Sample Questions Q1) The best evidence rule means that to prove the content of a writing, recording, or photograph, the original is generally required since copies are too easily altered. A)True B)False Q2) The prosecution is not permitted to introduce additional evidence after the defense has closed its case-in-chief. A)True B)False Q3) Which of the following is not a criterion to be viewed competent to serve as a witness in a criminal trial? A) capable of understanding the duty to tell the truth B) personal knowledge of the matter about which he or she is testifying C) capable of understanding and speaking the English language D) capable of expressing himself or herself so as to be understood by the jury Q4) Certain types of delay are not counted toward the time periods specified in the Speedy Trial Act. These delays that are not counted are called __________. Q5) Explain the differences between an appeal, a habeas corpus filing, and a civil action under § 1983.
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