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Procedures In the justice system




Procedures In the justice system;18. Illegally seized evidence or statements may be introduced or used for each of the following;hearings or purposes, EXCEPT ___________.;a. alien deportation;b. formulating a grand jury question;c. impeaching a witness;d. parole revocation;19. Each of the following statements regarding the majority opinion in United States v. Leon;(1984) is correct, EXCEPT ____________.;a. the Fourth Amendment is not concerned with constitutional violations by judges;b. deterrence is the only reason for the exclusionary rule;c. the search in the case violated the Fourth Amendment;d. the exclusionary rule exacts substantial social costs;20. The affidavit in Spinelli v. U.S. (1969) included every element EXCEPT ___________.;a. Spinelli crossed a bridge every day and went to the same apartment;b. Spinelli had a reputation as a bookie;c. the apartment had two telephones;d. Spinellis bookmaking calls were recorded;21. The majority opinion in Illinois v. Gates (1983) _____________.;a. stated that probable cause exists under the new totality-of-the-circumstances test.;b. upheld the two-prong test;c. stated that the informants basis of knowledge is unimportant;d. found anonymous informants to be especially untrustworthy;22. Which of the following statements is INACCURATE in regards to the plain view doctrine?;a. Plain view may be based on information apparent to any of the senses.;b. Plain view must be based on probable cause.;c. The item in plain view must be immediately apparent as contraband or evidence.;d. A plain view search must be inadvertent.;23. An argument used in courts to oppose the plain feel rule was ____________.;a. extending reasons to justify police searches undermine civil liberties;b. the sense of touch is not as sensitive as sight;c. the rule was not contemplated by the framers of the Fourth Amendment;d. the police use plain feel discriminatorily against minorities;24. The ruling of Arizona v. Hicks (1987) stands for the proposition that ____________.;a. knowledge of contraband revealed by plain view must be immediately apparent;b. a cursory inspection by police is constitutional;c. reasonable suspicion supports plain view searches;d. a plain view search must be inadvertent;25. The justifications for the open-field rule do NOT include which of the following?;a. the Fourth Amendment protects effects;b. open-fields are property;c. the common law distinguished between open fields and the curtilage;d. posting land does not provide the same protection as the enclosure of a house;8;Final Examination;BCJ 240 Procedures in the Justice System;26. The Supreme Court has ruled which of the following kind of police search unconstitutional;without a warrant?;a. the overflight of a homes backyard by a low-flying, fixed wing airplane;b. the overflight of a homes backyard by a helicopter;c. the search of real estate near a persons barn, 50 yards from the owners home;d. Using a device to detect heat emanating from a house;27. The decision in Kyllo v. United States (2001) was based on which proposition?;a. the interior of the house was searched;b. drugs are a social scourge and detecting them promotes public health and safety;c. Heat is not included within the plain view doctrine;d. Heat was detected off the wall;28. Which of the following statements about consent searches is INACCURATE?;a. The burden of proof to prove the voluntariness of consent is on the defendant.;b. A person cannot consent to a search when police assert they have a search warrant.;c. Consent to search depends on all the facts and circumstances in a case.;d. A police officer need not inform a person that he has a right to refuse to consent.;29. Under which scenario is a person NOT arrested?;a. Police shoot a fleeing armed robber without telling him hes under arrest.;b. Police yell to a fleeing armed robber that he is under arrest.;c. Police set up a roadblock and a fleeing armed robbers car slams into it.;d. A swarm of police officers surround and block the movement of a suspect but do not;touch him or say anything.;30. A police officer has probable cause to arrest a man when the officer _____________.;a. knows of the mans general reputation as a drug dealer;b. sees the man hanging around a street corner all day where illegal drugs are sold;c. receives a call from dispatch with the mans description, a detailed description of his;car, and a report that he was seen leaving the scene of a robbery;d. Arrests the mans friend for possession of stolen checks while the two are sitting in a;car;9;Final Examination;BCJ 240 Procedures in the Justice System;31. A person who has been arrested must be brought before a magistrate, barring exigent;Circumstances ____________.;a. immediately;b. within 24 hours;c. within 36 hours;d. within 48 hours;32. The reason for the rule that a misdemeanor arrest made by a police officer is lawful if the;Misdemeanor occurred in the officers presence, and not upon probable cause, is;a. misdemeanors often result from personal squabbles that could lead to false complaints;b. misdemeanors are not crimes at common law;c. allowing probable cause arrests for misdemeanors is too costly and inefficient;d. errors in misdemeanor arrests are not likely to deter police officer misconduct;33. A factor that was used by the majority in its decision in Scott v. Harris (2007) was that;a. the high speed chase took place at night when few pedestrians were out;b. part of the chase occurred on a four lane road;c. Tennessee v. Garner (1985) was not precedent;d. police had the license plate number of the fleeing automobile;34. The Supreme Court upheld each type of checklane or roadblock as constitutional;EXCEPT _____________.;a. to check the license and registration of drivers;b. to check the sobriety of drivers;c. to check whether the driver is transporting drugs;d. to gather information about a hit and run that occurred at the location;35. Dissenting justices in Illinois v. Caballes (2005) raised each of the following points;EXCEPT ____________.;a. trained dogs are not infallible in sniffing for drugs;b. the practice will be extended to the use of drug sniffing dogs on city streets;c. the practice will lead to pretext stops of cars;d. the use of dogs extends the purpose of the original stop;10;Final Examination;BCJ 240 Procedures in the Justice System;36. Current laws regarding domestic violence were influenced by each of the following;EXCEPT ____________.;a. the movement for gender equality;b. police programs to counsel male, wife batterers;c. the ideological shift toward punitiveness in criminal justice;d. growing awareness of the large volume of domestic assaults and serious injuries;37. The replication studies of experiments testing the effect of arrest policies on the;Deterrence of domestic violence found each of the following, EXCEPT which of the following?;a. Arrest reduces domestic violence in some cities but increases it in others.;b. Arrest reduces domestic violence among employed people but increases it among;unemployed people.;c. Arrest reduces domestic violence in the short run but can increase it in the long run.;d. Police cannot predict which couples are most likely to suffer future violence.;38. Searches of individuals and packages at the border by federal officers are justified by;a. the presidents Commander in Chief authority;b. the Fourth Amendment reasonableness clause;c. the deterrence of terrorism;d. the sovereign status of the nation and its plenary power to control its borders;39. A warrantless strip search conducted at the border by appropriate personnel (e.g., same sex;as suspect) in an appropriate manner (e.g., no force used except threat of detention) is;Constitutional ____________.;a. if the officer has reasonable suspicion;b. if the officer has probable cause;c. if the officer receives authorization from a high ranked Immigration and Customs;Enforcement (ICE)/Homeland Security official;d. on the basis of the officers hunch;40. In U.S. courts, a search or arrest in a foreign country by or at the behest of U.S. officers is;guided by _____________.;a. the entirety of the Fourth Amendment;b. the Fourth Amendments Reasonableness Clause;c. international law;d. no law;11;Final Examination;BCJ 240 Procedures in the Justice System;41. Special needs cases were decided in regard to each of the following areas, EXCEPT;a. police officers enforcing regulatory laws concerning automobile junk shops;b. drug testing of pregnant women in state hospitals;c. police officers engaged in traffic enforcement;d. drug testing of candidates running for state offices;42. The Supreme Court has ruled that strip searches were not called for in a case involving;a. train workers after a crash;b. middle school students;c. students enrolled in extra-curricular activities;d. student athletes;43. The statement that best describes racial profiling is _______________.;a. broad police discretion to enforce the law makes it possible;b. evidence of it is only anecdotal;c. it is motivated primarily by simple racism;d. it is largely ignored by responsible political authorities;44. In regard to racial profiling of drivers, _______________.;a. the practice enjoys widespread public support;b. legislation to prevent the practice has been blocked;c. many police departments are required to keep records of the race of drivers stopped d. all;academic economists support the practice;45. The Supreme Court has ruled that counsel for an indigent defendant must be provided in;a. prison disciplinary hearings;b. summary court-martial proceedings;c. juvenile delinquency adjudications;d. parole revocation hearings;12;Final Examination;BCJ 240 Procedures in the Justice System;46. The critical stage concept was held to require counsel in each of the following stages;EXCEPT ___________.;a. arraignment;b. preliminary Examination;c. plea Bargaining;d. lineup identification;47. The most accurate statement about a meaningful attorney-client relationship in criminal;procedure is that _____________.;a. the Supreme Court has held this to be a Sixth Amendment right;b. it is the close rapport that develops between a defense lawyer and client;c. it applies equally to prosecutors and victims, as well as defense lawyers and clients;d. a court should consider the time a lawyer has put into a case and the lawyers;knowledge of the case before deciding on a continuance;48. The precise issue in Rothgery v. Gillespie County (2008) was whether ____________.;a. an initial appearance must be held within 48 hours after arrest;b. the Sixth Amendment right to counsel is guaranteed at an initial appearance;c. a court must appoint counsel within a reasonable time after it is requested at an initial;appearance;d. the initial appearance is a critical stage;49. Harbison v. Bell (2009) held that there is a ______________.;a. federal legislative right to appointed counsel only in federal clemency hearings;b. federal legislative right to appointed counsel in federal and state clemency hearings;c. sixth Amendment right to appointed counsel in federal capital clemency proceedings;d. due process right to appointed counsel in state clemency proceedings;50. A court may grant counsel to a defendant at a state probation revocation hearing because;a. the Due Process Clause may require it, depending on the circumstances;b. the right to counsel was incorporated;c. it is necessary under the Equal Protection Clause to prevent discrimination;d. the defendant has been formally charged with a crime;13;Final Examination;BCJ 240 Procedures in the Justice System;51. Appointed counsel for the indigent is required on a first mandatory appeal because;a. this result logically derives from the text of the Sixth Amendment;b. the incorporation of the Sixth Amendment requires the same rule for state as well as;federal trials;c. it is necessary under the Due Process and Equal Protection clauses to prevent;discrimination;d. this was the common law rule when the Constitution was ratified;52. The right to self-representation in a criminal trial is best explained by which statement?;a. Self-representation is inferred from the text of the Sixth Amendment.;b. Self-representation was the common-law practice when the Constitution was framed.;c. Self-representation relieves the state of costs.;c. A court has no right to test the defendants legal abilities.;53. Each of the following is an accurate statement about Strickland v. Washington (1984);EXCEPT ___________.;a. a defendant need not show prejudice to the case if there was a conflict of interest;b. the performance of David Washingtons attorney was deficient;c. guidelines as to whether attorney performance is reasonably effective are not specific;d. judicial scrutiny of counsels performance must be highly deferential to the attorney;54. Which statement regarding a criminal defense lawyers conflict of interest is NOT accurate?;a. It arises whenever a lawyer represents more than one defendant in one trial.;b. It automatically eliminates the need to prove the prejudice prong under Strickland v.;Washington (1984).;c. It is based on an attorneys obligation to give full and complete attention to a clients;defense.;d. It is manifested when different clients of a lawyer in the same trial have inconsistent;defenses.;55. Ineffective assistance of counsel includes ______________.;a. being represented by inexperienced counsel;b. (in a capital sentencing trial) not examining a court file examined by the prosecution;c. (in a capital sentencing trial) not seeking psychiatric examination where the defendant;showed no sign of psychological problems;d. (in a capital trial) failing to pursue every possible defense;BCJ 240 Procedures in the Justice System;56. The reason why Miranda warnings are read by U.S. agents to interrogated suspects;overseas;is that ______________.;a. the privilege against self-incrimination is an exclusionary rule;b. U.S. law enforcement agencies have reciprocal relationships with foreign agencies;c. the Constitution follows the flag;d. the agents take oaths to uphold the Constitution;57. Dickerson v. U.S. (2000) held that Miranda is a constitutional decision. As a result, the;Supreme Court has since _____________.;a. scrupulously followed the text of Miranda;b. upheld the derivative evidence exception but has overruled the cured statement;exception;c. allowed all of the collateral use exceptions created before Dickerson;d. limited deliberate ploys to gain admissions prior to reading Miranda warnings;58. A Miranda waiver must be _____________.;a. in writing, on video, or audio taped;b. legible;c. witnessed;d. on the record;59. A factor NOT considered by courts in allowing re-interrogation of a suspect who said he did;not want to talk is _____________.;a. the reading of Miranda warnings before the second interrogation;b. the interrogating officers experience and reputation;c. whether police immediately ceased interrogation when the suspect said he did not want;to talk;d. information about the investigation;60. An arrested suspect is read Miranda warnings while in custody and says she wishes to;speak;to a lawyer. Questioning then ceases. Which of the following statements is INACCURATE?;(assume the suspect does not try to initiate conversation in A, C, and D)?;a. The suspect may not be interrogated further by a different officer in the police agency;who was unaware of the suspects request to see a lawyer.;b. The suspect may be interrogated further if she says, while being escorted to the jail;Well, what is going to happen to me now?;c. The suspect may be interrogated, without her attorney present, after she gets an;opportunity to visit with her lawyer.;d. The suspect may be interrogated in the presence of her attorney.;15;Final Examination;BCJ 240 Procedures in the Justice System;61. A suspect is in custody for purposes of the Miranda rules when ____________.;a. the suspect is questioned in his own home after being awakened in his bed at 4:00;a.m. by several police officers;b. the suspect is questioned by his probation officer at a mandatory meeting;c. the suspect has not been arrested and goes to the police station to be questioned on;his own, days after a request;d. the suspect is a parolee who has not been arrested and goes to the police station to be;questioned on his own, days after a request;62. Which statement accurately reflects Supreme Court rulings?;a. Police must cease questioning a suspect in custody when the suspects attorney calls;the police station and informs them that she is representing the suspect.;b. Police must read Miranda warnings to a driver who is stopped for drunk driving and is;asked his name and to perform simple physical tests.;c. Police in a patrol car driving an arrested suspect to jail must read the suspect Miranda;warnings before talking about the weapon used in the crime.;d. Police can lie to a defendant about evidence against him during an interrogation;following Miranda warnings.;63. Under Miranda, a police officer must ____________.;a. read warnings as soon as he/she believes an interviewee is a suspect;b. read warnings to a person invited to talk to the officer in private;c. ask an interrogated suspect narrow questions to clarify an ambiguous request for a;lawyer;d. read warnings whenever interrogating a prisoner;64. The Christian Burial Speech case of Brewer v. Williams (1977) ____________.;a. was decided under the rules of Miranda v. Arizona (1966);b. was decided by the rule of inevitable discovery;c. involved the functional equivalent of interrogation;d. was one where the defendant, Williams, did not assert his right to counsel;65. The basic common law method of avoiding mistaken eyewitness identification is;a. simultaneous lineup;b. show up;c. cross-examination;d. sequential lineup;16;Final Examination;BCJ 240 Procedures in the Justice System;66. The element in U.S. v. Wade (1967) that provided a basis of state action is/are;a. the vagaries of eyewitness identification;b. the critical stage;c. the use of showups;d. suggestibility;67. Which reason was NOT advanced by the U.S. v. Ash (1973) majority regarding whether an;attorney must constitutionally be present at a photographic identification procedure?;a. A photograph may be presented in a suggestive manner.;b. The suspect is not physically present.;c. Photography is a relatively new part of criminal investigations.;d. An attorney does not play a traditional role at a photographic identification.;68. Which example was NOT provided in the text section on due process and identification?;a. a show up of an African American murder suspect in a hospital room;b. an African American suspect in a lineup with white fillers;c. a tall suspect in a lineup with short fillers;d. a show up of a suspect to a rape victim;69. To determine whether a suggestive show up violated a defendants due process rights, the;Supreme Court has approved reliance on each of the following factors, EXCEPT;a. degree of attention;b. lapse of time;c. opportunity to view;d. prior contacts;70. In Brighams facial recall field experiment, a white and an African American man entered;convenience food stores and paid for items with pennies or asked for directions and fumbled;for change. The overall rate of accurate identifications two hours later from photo arrays;was __________ percent.;a. 10;b. 34;c. 50;d. 58;17;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. postevent 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;BCJ 240 Procedures in the Justice System;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;19;Final Examination;BCJ 240 Procedures in the Justice System;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;20;Final Examination;BCJ 240 Procedures in the Justice System;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


Paper#16100 | Written in 18-Jul-2015

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