31 Jan At arraignment, judges

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?