31 Jan At arraignment, judges

JADM320 (Criminal Procedure)

Week 3 quiz

Question 1

(TCO 1) Which branch of government enacts laws?

Legislative

Judicial

Executive

All of the above

Question 2

(TCO 1) Unwritten or judge-made law is called

regulatory law.

common law.

substantive law.

constitutional law.

See Chapter 1 and the Week 1 Lecture.

Question 3

(TCO 1) Bright-line decisions by the Supreme Court

Only involve criminal matters.

are extremely rare.

hand down a specific rule.

are extremely rare and hand down a specific rule.

Question 4

(TCO 2) A crime is defined as

the commission of an act forbidden by law.

failure to take an action that is compelled by law.

both the commission of an act forbidden by law and failure to take an action that is compelled by law.

None of the above

Question 5

(TCO 2) Slick Martin is a local drug dealer. Working from reliable information from a confidential source, Detective Smith wants to enter Slick’s apartment to search for local drugs. Det. Smith will need a _____ to enter Slick’s apartment to search for drugs.

search warrant

subpoena

indictment

search warrant and subpoena

Question 6

(TCO 2) A right to counsel to indigent defendants was provided in

Mapp v. Ohio.

In re martin.

Gideon v. Wainright.

Clements v. Cooper.

Question 7

(TCO 3) To make an arrest, police will most likely use ____ force when a person is suspected of committing violent felony and there is a substantial risk the person will inflict harm on other persons.

minimal

requisite

deadly

All of the above

Question 8

(TCO 3) When conducting a Terry search, police are permitted to

use deadly force.

retrieve a weapon they feel.

pat down outer clothing.

Both B and C

Question 9

(TCO 3) Minnesota v. Dickerson established the standard of

plain touch and feel.

habeas corpus.

duality rule.

All of the above

Question 10

(TCO 3) The basic role of the _____ is to seek justice, not necessarily convictions.

prosecutor

defense attorney

judge

bailiff

Question 11

(TCO 2) Jeff Martin is arrested and will possibly be indicted for a felony count of murder. As the police arrest and process him, what constitutional rights are afforded to him under the Bill of rights? What rights will come into play when the police attempt to interview him?

Question 12

(TCO 3) Chris Leinhouser is a known drug dealer in the area. Police have been watching his residence, where he stays with his wife, for over a month. They have observed people coming and going at all hours. All of them only stay for a minute, or they exchange things when the door is answered. Over the month, police have become aware of what he and his wife look like. On one occasion in which Leinhouser was stopped by police while driving for a traffic violation, he introduced a female as his wife. One day, Officer Miller used a confidential informant to make a buy at the residence. After the informant comes back to the officer’s car with newly purchased drugs, Officer Miller exits his car and goes up to the residence. He knocks on the door and Leinhouser’s wife answers. Miller asks if he can come and conduct a search of the residence. She agrees. Miller finds a kilo of cocaine hidden in a guitar case with Leinhouser’s name on it. Leinhouser is charged with felony drug possession. His attorney files a motion to suppress evidence due to a lack of a search warrant. You are the judge in the case. How would you rule? What are the requirements for obtaining a search warrant for a residence? Can the residence be searched without a search warrant? Be sure to include relevant case law in your answer.

JADM320 (Criminal Procedure)

Week 5 quiz

Question 1

(TCO 4) Prior to conducting a custodial interrogation, law enforcement must provide _____ to a suspect.

statement of criminal violations

opportunity to speak to an attorney

Miranda warnings

All of the above

See Chapter 8 and the Week 4 Lecture.

Question 2

(TCO 4) The court in this case ruled that a person is not in police custody during a traffic stop.

Plessey v. Ferguson

Berkemer v. McCarty

In re Gault

None of the above

Question 3

(TCO 5) Slicky Willy burglarized Sally Murphy’s home. Willy was spotted by Murphy’s next door neighbor leaving the house. The neighbor, Ms. Cutter, provides police a description of Willy. After police are called, Willy is arrested two blocks away walking down the street. Police pick up Ms. Cutter and drive her over to where police are holding Willy in the back of a cruiser. Willy is taken out of the police car so Ms. Cutter can observe him. Police are conducting a(n) _____ for identification purposes.

on-spot identification

lineup

photo lineup

showup

Question 4

(TCO 5) Which are the two main forms of questions attorneys may ask witnesses during a court proceeding?

Direct examination

Cross examination

Both direct and cross examinations

None of the above

Question 5

(TCO 6) After arrest, some jurisdictions require a suspect to be brought before a judge or magistrate in a relatively short period of time. Which is this hearing called?

Due process

Probable cause

Judges

Initial appearance

Question 6

(TCO 6) In setting bail, a judge or magistrate may consider which factors pertaining to the suspect?

Financial status

Flight risk

Dangerousness

All of the above

Question 7

(TCO 7) Which is the primary role of a prosecutor?

Seek justice

Put defendants in jail

Convict people no matter what

All of the above

Question 8

(TCO 7) The role of a judge includes

hearing pretrial motions.

signing warrants.

sentencing defendants.

All of the above

Question 9

(TCO 7) Prosecutors are restricted from using their discretion to bring charges in which scenario?

When the decision is discriminatory in nature

When the prosecutor doesn’t like the defendant

When the prosecutor is a new attorney

When the defense attorney objects

See Chapter 11, page 344.

Question 10

(TCO 7) Bringing several charges against the same individual is called

severance.

res ipsa loquitur.

selection.

joinder.

Question 11

(TCO 7) Explain how a defendant’s right to counsel in a criminal proceeding has evolved in America. Please address both relevant judicial decisions and legislation in your answer.

Question 12

(TCO 4) Apply the protections of the Sixth Amendment to cases of deliberate elicitation. Be sure to discuss at least one Supreme Court case related to deliberate elicitation.

JADM320 (Criminal Procedure)

Week 8 Final Exam

Question 1

American law is based primarily upon _____ law.

expressed

tort

common

All of the above

Question 2 Which branch acts as a check and balance between the Legislative Branch and the Executive Branch of government?

Legislative

Judicial

Executive

None of the above

Question 3

Before obtaining a search warrant, law enforcement needs

reasonable suspicion.

probable cause.

habeas corpus.

All of the above

Question 4

An officer who approaches a suspicious person and frisks that person after speaking with him or her is conducting a _____.

stop and frisk

habeas corpus

benevolent hand

All of the above

Question 5 Minnesota v. Dickerson established the standard of _____.

plain touch and feel

habeas corpus

duality rule

All of the above

Question 6

When law enforcement officials inform suspects of their constitutional rights before a custodial interrogation, they are providing them their _____ rights.

habeas

trial

Miranda

None of the above

Question 7 A defense attorney may be _____ to assist in a defendant’s representation.

appointed

a public defender

retained

All of the above

Question 8

Typically, who determines if a charge is filed against a suspect?

Victim

Prosecutor

Judge

Defense attorney

Question 9

Who participates in the jury selection process?

Judge

Defense attorney

Prosecutor

All of the above

Question 10

(TCO 7) When a defendant is released from jail pending his or her trial, oftentimes the court has issued _____ in the case.

bail

pretrial decree

a severance motion

All of the above

Question 11

Most persons who get diversion are _____.

repeat offenders

first-time offenders

violent offenders

sex offenders

Question 12

A plea bargain may revolve around

counts.

charges.

sentencing.

All of the above

Question 13 Evidence that tends to be exculpatory is called _____.

relevant material

Brady material

inculpatory material

All of the above

Question 14

After a judge finds a defendant has violated probation, he or she may

send the defendant back to jail.

reinstate probation.

Add additional fines.

All of the above

Question 15

In deciding what sentence to impose, a judge may look at different factors when arriving at a decision. Select five factors a judge may consider, and state why these factors are important at arriving at a decision.

Question 16

What are the essential elements of a crime? Analyze how the prosecution uses these elements to establish the defendant’s guilt. Are motive and intent the same thing? Does the prosecutor have to prove motive?

Question 17

At arraignment, judges or magistrates often appoint or name counsel to serve defendants. What are their choices? How do the different types of attorneys differ?

Question 18

What are the problems with the bail process? Is it always fair? Can it discriminate against some persons? Why or why not?

Question 19

Discuss at least three of the different types of prison sentencing schemes used in the United States. How do they differ? How do they impact judicial discretion in deciding on an appropriate sentence?