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My Criminal Law Assignment




Philip V. Moore;BCJ 240;Procedures in the Justice System;Final Examination;BCJ 240 Procedures in the Justice System;71. Psychological research suggests that human memory goes through each of the following;stages, EXCEPT the __________ stage.;a. retention;b. processing;c. acquisition;d. retrieval;72. Studies referred to in the text have shown each of the following EXCEPT ______________.;a. mentioning an event enhances its likelihood of recall;b. post event suggestion can alter memory;c. mentioning nonexistent objects can cause witnesses to report having seen them;d. prior to any suggestion, children have better recall than adults;73. Proposals to improve lineups include each of the following EXCEPT ______________.;a. conducting lineups in a simultaneous manner;b. establishing double-blind procedures;c. lineups constructed by an officer who is the same race as the suspect;d. allowing testimony by expert witnesses;74. Under current federal law, the due process test of entrapment ______________.;a. is the equivalent of the objective test;b. has supplanted the subjective test;c. applies if government inducement occurs on the same day as the defendants;Criminal act;d. has been applied by courts;75. In practice, the entrapment defense ______________.;a. is widely used by defendants charged with drug crimes;b. is relied on uniformly in the states in proportion to the states population;c. is relied on mostly in all large population states, but not in low population states;d. varies in use over time with United States Supreme Court decisions;76. The outrageous conduct test of entrapment _____________.;a. has been applied by lower federal courts;b. is based on a courts supervisory power;c. was adopted by the United States Supreme Court in U.S. v. Russell (1973);d. was adopted by the United States Supreme Court in Hampton v. U.S. (1976);77. The Ohio Supreme Court gave each of the following reasons for selecting the subjective test;of entrapment, EXCEPT _____________.;a. the objective test can result in convicting otherwise innocent people;b. the objective test relies on a legal fiction;c. real criminals can be released under the objective test;d. in practice the objective test can lead to swearing contests;78. Each of the following is a function of undercover policing, EXCEPT __________.;a. intelligence;b. facilitation;c. deterrence;d. prevention;79. Undercover police work does NOT include ___________.;a. agent fautors;b. agent provocateurs;c. decoys;d. stings;80. The Abscam sting operation was targeted at _____________.;a. political corruption;b. organized crime;c. white-collar crime;d. terrorist cells;81. A negative consequence of undercover policing NOT included in the text is _____________.;a. the killing of an innocent person;b. the conviction of an innocent person;c. psychological harm to undercover agents;d. all of the above are included;82. Appropriate administrative guidelines for controlling undercover policing, as suggested by;Abscam coordinator Irvin Nathan, in general terms, does NOT include ______________.;a. ensuring that the criminal activity is clearly known;b. testing the probity of the undercover officers before the operation commences;c. being reasonably sure that the undercover operation will reveal illegal activities;d. keeping the offered inducements within reasonable limits;83. Which of the following is a grand jury reform that is NOT advocated?;a. abolishing the grand jury;b. opening grand jury proceedings to the public;c. allowing attorneys of witnesses into the grand jury room;d. allowing targets of the grand jury investigations to testify;84. A function of the preliminary examination includes _____________.;a. preserving testimony for trial;b. issuing a subpoena for the witnesses;c. granting immunity to witnesses;d. protecting the anonymity of suspects before formal charges are filed;85. Regarding the preliminary examination, _____________.;a. a defendant must have one in states that do not use grand juries to indict;b. the standard to bind-over is a preponderance of evidence;c. it is open to the public;d. counsel is not required to represent the defendant;86. The best reason for prosecutorial resistance to discovery is ____________.;a. fear that evidence will be misused by guilty defendants;b. the desire to win;c. rigid adherence to the adversary theory of the trial;d. the expense;87. The Jenks Act allows defendants ______________.;a. access to DNA evidence;b. access to all of the prosecutors physical evidence;c. the right to ask judges to review classified evidence;d. to obtain lists of government witnesses;88. The limited discovery rules under Brady v. Maryland (1963) ______________.;a. are based on the Equal Protection Clause;b. apply only when the defense makes a request for evidence;c. pertain to all qualities of evidence;d. apply only to evidence pertaining to guilt;89. The Supreme Court, in cases decided between 1935 and 1967, ruled that all of the;Following constitutes prosecutorial misconduct EXCEPT ____________.;a. deliberate deception by the presentation of testimony known to be perjured;b. introducing evidence creating a false impression regarding a material fact, whether or;not the prosecutor knew of its inaccuracy;c. allowing a witness to testify that he had been paid to testify without correcting the;Statement;d. presenting material physical evidence as incriminating when it was not;90. James Liebman and colleagues found that the overall error rate in capital convictions from;1973 to 1995 was __________ percent.;a. 8;b. 27;c. 41;d. 68;91. According to Prof. Brian Forst, prosecutors overtly measure success by ____________.;a. evenhanded and fair procedures;b. enhancing the legitimacy of the criminal justice system;c. conviction rates;d. crime reduction;92. The right of a defendant to be present at his or her criminal trial ___________.;a. allows the jury to visit the crime scene without the defendant present;b. allows a judge to meet only with a juror made nervous by the defendant and the;Defendants lawyer;c. disallows a prosecutor from commenting to the jury on closing argument that the;defendant had the benefit of listening to witnesses before he testified;d. allows a trial to continue without the presence of an absconding defendant;21;Final Examination;BCJ 240 Procedures in the Justice System;93. Illinois v. Allen (1970) held that a judge can do each of the following to deal with an unruly;Criminal defendant, EXCEPT __________.;a. read an instruction to the jury indicating they can consider the defendants behavior;b. bind and gag the defendant during the trial;c. cite the defendant for contempt;d. remove the defendant from the courtroom until he promises to conduct himself properly;94. It is generally fair in a criminal jury trial for __________.;a. the defendant to have visible ankle chains;b. the defendant to wear Jail stenciled clothes;c. the defendant does not have to wear visible handcuffs;d. a row of guards to sit in the first row of the audience section just behind the defendant;95. Under the Sixth Amendment Compulsory Process Clause, a(n) ____________.;a. state law can forbid one accomplice to testify for another;b. trial judge can warn a witness, who is a state prisoner, that perjury would extend his/her;Prison term and be counted against him/her by the parole board;c. INS deportation of an illegal immigrant, who might be called as defense witness in a;criminal trial, can occur;d. rule that entirely blocks the records of a protective service (youth) agency to a;defendants parent in an incest case is allowed;96. The state has ___________.;a. no due process obligation to preserve evidence;b. a due process obligation to preserve evidence in all felony cases;c. a due process obligation to preserve evidence in rape and homicide cases;d. a due process obligation to preserve evidence in all cases;97. In a criminal jury trial where the defendant did not testify, the trial judge may __________.;a. comment on silence if requested by the defendant;b. never comment on the defendants silence;c. comment on the defendants silence if necessary only in capital cases;d. freely comment on the defendants silence if the comment sounds reasonable;22;Final Examination;BCJ 240 Procedures in the Justice System;98. The functions of the Confrontation Clause include each of the following, EXCEPT to;a. discourage deliberate witness perjury;b. support the witnesses sense of participation in a just result;c. allow an innocent defendant to figure out the source of perjured testimony;d. bring out the whole truth in the case;99. Under the Confrontation Clause, the Supreme Court has ruled that hearsay statements;made;by the following are admissible, EXCEPT a(n) ___________.;a. witness who testified at an earlier trial and permanently resides in a foreign country;b. unavailable witness who testified in an earlier preliminary examination;c. secret police informant;d. deceased witness who testified in an earlier trial;100. In cases involving testimony of children in sex-abuse cases, the Supreme Court has held;that ___________.;a. the defendant must be included in an in-chambers hearing in which the judge;determines the ability of the child to be a witness;b. a state can prevent eye-to-eye contact between the defendant and victim in all such;trials where children are 10 years old or younger;c. a state can prevent eye-to-eye contact in such trials between the defendant and victim;on a case-by-case basis;d. a pediatricians testimony regarding an examination of a sex-abuse victim is;admissible, although detailed notes were not kept;Additional Requirements;Other Requirements: 30 Miltiple Choice Questions


Paper#16042 | Written in 18-Jul-2015

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