Procedure in the Justice System

Which view of incorporation favors incorporation of certain protections enumerated in the Bill 1. of Rights, but not all of them? It deems certain rights as being more critical or fundamental than others.

Total Incorporationa. Selective Incorporationb. Total Incorporation Plusc. Case-by-Case Incorporation d.

Which incorporation perspective has arguably “won out” over the others? 2.

Total Incorporationa. Selective Incorporationb. Total Incorporation Plusc. Case-by-Case Incorporation d.

A precedent is a rule of case law that is binding on all lower courts and the court that issued it. 3. The courts will defer to prior decisions based on a similar set of facts and legal questions. This doctrine is known as:

Res Gestae.a. Scire Feci.b. Stare Decisis.c. Suo Motu. d.

When a decision does not apply to the current facts, a court will _________, saying, in effect, 4. that because the facts of the present case are different, the case cannot be decided the same way.

distinguish the casea. use case precedentb. judge decisionc. enact case law d.

The theory world and real world can differ for which of the following reasons? 5.

The Supreme Court sometimes makes decisions on excruciatingly detailed matters that a. have almost no applicability to most law enforcement officers most of the time. The Supreme Court frequently hands down decisions that would seem to have dramatic b. effects on the nature of law enforcement, but actually involve issues that are already being addressed by many police agencies. What the courts say and what the police do can differ simply as a consequence of some c. aspect of the U.S. legal system. All of the above.d.

Unit 1 Examination

33

BCJ 240 Procedures in the Justice System

The primary purpose of criminal procedure is to maintain the proper balance between: 6.

controlling crime and due process.a. dictatorship and democracy.b. servitude and equality.c. protection and procedure. d.

Which of the following is NOT one of the concepts underlying the due process perspective? 7.

The criminal process looks, or should look, something like an “obstacle course.”a. Quantity is better than quality.b. Formality is preferred over informality.c. A great deal of faith is put in the courts. d.

Which of the following is NOT a characteristic of the crime control perspective? 8.

Assembly-line justicea. Quantity over quality b. Insistence on informality c. Faith in the courts d.

Legal guilt is determined by whether a person is guilty according to the: 9.

policea. judgeb. lawc. jury d.

Which exception to the fruit of poisonous tree doctrine permits the introduction of evidence if 10. it has become attenuated to the extent that it dissipated the taint of the initial unconstitutional act?

Independent source exceptiona. Purged taint exceptionb. Inevitable exceptionc. Questionable procedure exception d.

Unit 1 Examination

34

BCJ 240 Procedures in the Justice System

Which exception to the fruit of the poisonous tree doctrine permits the introduction of 11. evidence if it has arrived via an independent source, such as a party disconnected from the case at hand?

Independent source exceptiona. Purged taint exceptionb. Inevitable exceptionc. Questionable procedure exception d.

Which exception to the fruit of the poisonous tree doctrine permits the introduction of 12. evidence if it would have been discovered anyway?

Independent source exceptiona. Purged taint exceptionb. Inevitable exceptionc. Questionable procedure exception d.

At the federal level, the most common statute for holding police officers criminally liable is: 13.

18 U.S.C. Section 242.a. 18 U.S.C. Section 1983.b. 18 U.S.C. Section 1982.c. 18 U.S.C. Section 243. d.

To be held liable under Section 242, a law enforcement officer must: 14.

negate a person’s rights without forethought. a. unintentionally deny an individual his or her rights.b. act with specific intent to deprive a person of important constitutional (or other federal) c. rights. inadvertently impose restrictions on a person’s constitutional rights. d.

In order for criminal liability to be imposed under Section 242, a(n) ____________ right must 15. be clearly established.

constitutional a. inalienable b. legalc. ethical d.

Unit 1 Examination

35

BCJ 240 Procedures in the Justice System

42 U.S.C Section 1983 is used for: 16.

criminal liability.a. civil liability.b. misdemeanor charges.c. none of the above. d.

A defense that shields police officers from criminal liability when performing certain official 17. functions, such as using deadly force, is referred to as:

public duty defense.a. immunity defense.b. injunctive relief defense.c. exception defense. d.

Police officers act under color of law when they: 18.

fail to file official documents.a. wear plain clothes during off-duty hours.b. identify themselves as officers.c. settle a personal vendetta without police power. d.

Government action alone is not enough to implicate the Fourth Amendment. The law 19. enforcement activity must also infringe on a person’s:

reasonable expectation of privacy.a. subjective thoughts of privacy.b. objective determination of behavior.c. knowing exposure. d.

When people __________ convey information or provide material to third parties, they cannot 20. have a reasonable expectation of privacy (even if those third parties are best friends) because the third parties could easily turn the information over to authorities.

unwillingly a. involuntarilyb. easilyc. voluntarily d.

Unit 1 Examination

36

BCJ 240 Procedures in the Justice System

In which case did the Supreme Court find that respondents could have no reasonable 21. expectation of privacy for abandoned property?

California v. Greenwooda. United States v. On Leeb. Hoffa v. United Statesc. Katz v. United States d.

According to the Supreme Court, which of the following is the “area to which extends the 22. intimate activity associated with the sanctity of a man’s home and the privacies of life”?

Open fielda. Curtilageb. Physical presencec. Venue d.

Any unoccupied or undeveloped real property falling outside the curtilage of a home is referred 23. to as:

curtilage.a. range.b. open field.c. house. d.

Flashlights, drug dogs, satellite photography, and thermal imagery are all examples of: 24.

surveillance equipment.a. enforcement weapons.b. enhancement devices.c. combat tactical. d.

When there is some meaningful interference with an individual’s possessory interest in that 25. property, it is defined as a:

seizure of property.a. seizure of persons.b. seizure.c. search.d.

Unit 2 Examination

83

BCJ 240 Procedures in the Justice System

Multiple Choice Questions (Enter your answers on the enclosed answer sheet)

Why focus attention on the constitutionality of arrests? 1.

The constitutionality of an arrest is critical in determining whether evidence seized in a. connection with the arrest is admissible in court. An innocent person may sue an officer or department if unlawfully detained.b. There is no recourse of an unlawful arrest.c. None of the above d.

The act of taking an individual into custody for the purpose of charging the person with a 2. criminal offense (or, in the case of a juvenile, a delinquent act) is referred to as a(n):

stop.a. arrest.b. search.c. seizure. d.

A(n) _________ is a brief nonconsensual encounter between a law enforcement officer and a 3. citizen that does not rise to the level of an arrest; it is the detention of a person by a law enforcement officer for the purpose of investigation.

stopa. arrestb. searchc. seizure d.

In which key case did the Supreme Court define the meaning of arrest as more than restricting 4. a person’s movement?

Davis v. Mississippia. Florida v. Royerb. Henry v. United Statesc. Terry v. Ohio d.

In which case did the Supreme Court rule that stationhouse detentions require probable cause? 5.

Carroll v. United Statesa. Michigan v. Summersb. Florida v. Royer,c. Davis v. Mississippi d.

Unit 2 Examination

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BCJ 240 Procedures in the Justice System

In determining if an arrest has occurred, the courts will weigh: 6.

the duration of a stop.a. the degree of the intrusion.b. officers’ intentions.c. all of the above. d.

Emergency circumstances, including hot pursuit, the possibility of escape, or evanescent 7. evidence are examples of:

crucial exceptions.a. exception clauses.b. exclusionary rules.c. exigent circumstances. d.

Which of the following is NOT a type of exigency recognized by the courts that authorizes the 8. police to act without a warrant?

Hot pursuita. Likelihood of escape or danger to others absent of hot pursuitb. Evanescent evidencec. Inconvenient to obtain a warrant d.

Evanescent evidence refers to evidence that is likely to: 9.

be hidden.a. spoil.b. disappear.c. be transferred to another location. d.

A warrantless search for evanescent evidence is permissible when: 10.

there is probable cause to believe that evidence will be destroyed, lost, or devalued.a. the procedures employed are reasonable.b. the exigency was not police-created.c. All of the above d.

The Supreme Court first permitted warrantless hot pursuit searches in: 11.

Chimel v. California.a. Sibron v. New York.b. Warden v. Hayden.c. Welsh v. Wisconsin.d.

Unit 2 Examination

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BCJ 240 Procedures in the Justice System

In which landmark case did the Supreme Court carve out the automobile exception to the 12. Fourth Amendment’s warrant requirement?

Carroll v. United Statesa. Cardwell v. Lewisb. California v. Carneyc. Thoraton v. United States d.

Which of the following are considered restrictions on frisks? 13.

Frisks are to be nothing more than pat-downs of outer clothing.a. Frisks must be motivated by a desire to preserve officer safety.b. For an officer to legally seize an item during the course of a frisk, the item to be seized c. must be immediately apparent to the officer as contraband. All of the above d.

Which case found that officers can demand identification in certain situations? 14.

Hiibel v. Sixth Judicial District Court of Nevadaa. Chicago v. Moralesb. Kolender v. Lawsonc. Papachristou v. City of Jacksonville d.

In which case did the Supreme Court hold that police officers can stop and detain motorists in 15. their vehicles with “articulable and reasonable suspicion?”

Terry v. Ohioa. Pennsylvania v. Mimmsb. Delaware v. Prousec. Maryland v. Buie d.

The decision in Pennsylvania v. Mimms: 16.

allows officers to frisk suspects’ outer clothing.a. authorize the police to stop suspicious-looking individuals based on less than reasonable b. suspicion. allows an officer to demand identification from citizens. c. authorizes a police officer to order a driver out of a car. d.

Unit 2 Examination

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BCJ 240 Procedures in the Justice System

In which case did the Supreme Court hold that police officers, with reasonable suspicion, can 17. order drivers out of their cars?

Terry v. Ohioa. Pennsylvania v. Mimmsb. Delaware v. Prousec. Maryland v. Buie d.

Stops and frisks are considered which type of acts? 18.

Necessarya. Advisoryb. Separatec. Independent d.

Person inventories are sometimes called: 19.

armspan searches.a. custodial inventories.b. arrest inventories.c. search incident to arrest. d.

In which case did the Supreme Court sanction fire inspections? 20.

Camara v. Municipal Courta. Michigan v. Tylerb. United States v. Ramseyc. Carroll v. United States d.

The Supreme Court has authorized warrantless inspections of: 21.

firearms dealerships.a. vehicle junkyards.b. closely regulated businesses.c. all of the above. d.

In which case did the Supreme Court sanction sobriety checkpoints? 22.

Carroll v. United Statesa. Michigan Dept. of State Police v. Sitzb. Delaware v. Prousec. United States v. Villamonte-Marquez d.

Unit 2 Examination

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BCJ 240 Procedures in the Justice System

Which of the following is an unconstitutional checkpoint? 23.

Border checkpointa. Sobriety checkpointb. License and safety checkpointc. Suspicionless checkpoints for detecting illegal drugs d.

In which case did the Supreme Court declare that checkpoints for the purpose of detecting 24. evidence of criminal activity are unconstitutional?

Carroll v. United Statesa. Michigan Dept. of State Police v. Sitzb. Delaware v. Prousec. City of Indianapolis v. Edmond d.

A claim of racial profiling can be raised pursuant to: 25.

the Fourth Amendment.a. the Fifth Amendment.b. Title VI of the Civil Rights Act of 1964.c. 42 U.S.C. Section 242.d.

Unit 3 Examination

132

BCJ 240 Procedures in the Justice System

Multiple Choice Questions (Enter your answers on the enclosed answer sheet)

In which case did the Supreme Court hold that the prosecution “may not use statements, 1. whether exculpatory or inculpatory, stemming from custodial interrogation of the defendant…”?

Massiah v. United Statesa. Rochin v. Californiab. Miranda v. Arizonac. Kirby v. Illinois d.

Besides interrogation, which of the following is/are central element(s) of the Miranda approach 2. to confessions and interrogations?

Custodya. General questioningb. Formal criminal proceedingsc. All of the above d.

Custody is defined by the Supreme Court as happening when: 3.

A person has been taken into “custody.”a. A person has been formally arrested.b. A person has been deprived of his freedom of action in any significant way.c. All of the above d.

Which of the following can be considered interrogation for Miranda purposes? 4.

Formal questioning.a. Functional equivalent of questioning.b. Asking a question that is reasonably likely to elicit an incriminating response.c. All of the above d.

Which of the following is NOT an essential element of the Miranda warnings? 5.

“You have the right to remain silent.”a. “You have the right to an attorney.”b. “If you cannot afford an attorney, one will be provided for you.”c. “You have the right to stop answering questions at any time.” d.

Unit 3 Examination

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BCJ 240 Procedures in the Justice System

What is the appropriate level of proof for showing a valid Miranda waiver? 6.

Proof beyond a reasonable doubta. Probable causeb. Preponderance of evidencec. Clear and convincing evidence d.

When identification procedures violate constitutional provisions, the results from such 7. procedures cannot be considered:

reliable.a. accurate.b. admissible in a criminal trial.c. All of the above d.

Which of the following helps ensure a reliable lineup? 8.

At least five people appear in the lineup.a. All persons in the lineup have the same physical characteristics.b. The suspect should be permitted to choose his or her place in line.c. All of the above d.

A photographic array consisting of one picture may be sanctioned if: 9.

the witness had ample time to view the suspect.a. the witness paid special attention to the suspect.b. the witness’s description is accurate.c. All of the above d.

What do show-ups consist of? 10.

The suspect and an eyewitnessa. At least five peopleb. The suspect and the suspect’s attorneyc. At least three people d.

Which of the following is always preferable to show-ups? 11.

Lineupsa. Single photographic identificationb. Video arraysc. In-court show-ups d.

Unit 3 Examination

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BCJ 240 Procedures in the Justice System

If an in-court identification is influenced by an out-of-court identification, it is called a(n): 12.

tainted identification.a. flawed identification.b. unreliable identification.c. improper identification. d.

Which of the following is a method of pretrial release where the defendant promises to show up 13. when required, without having to pay money?

Baila. Preventive detentionb. Release on own recognizancec. Absentee trial d.

For which of the following crimes would release on recognizance most likely be ordered? 14.

Murdersa. Rapesb. Robberiesc. Petty thefts d.

Which of the following can be considered criteria for deciding whether pretrial release should 15. be granted?

Flight riska. Dangerousnessb. Ability to payc. All of the above d.

In response to many defendants’ inability to post bail, professional ________________ have 16. stepped in.

bankersa. loan officersb. bail bonds agents c. skip tracers d.

Unit 3 Examination

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BCJ 240 Procedures in the Justice System

Which of the following is NOT an appropriate consideration in setting bail? 17.

Potential dangerousness of alleged offendera. Offsetting court costsb. Risk of flightc. Financial status d.

Which of the following usually takes place after a pretrial release decision has been made? 18.

Initial appearancea. Bailb. Preliminary hearingc. All of the above d.

Which of the following is true about the preliminary hearing? 19.

The accused enjoys the right to counsel.a. The exclusionary rule does not technically apply in preliminary hearings.b. There is no constitutional right for the accused to cross-examine.c. All of the above d.

Which of the following is intended to prevent hasty, malicious, improvident, and oppressive 20. prosecutions?

Triala. Pretrial release hearingb. Preliminary hearingc. Arraignment d.

When a prosecutor charges an individual simply because the individual is exercising his or her 21. constitutional rights, it is known as ___________________ prosecution.

selectivea. vindictiveb. aggressivec. zealous d.

In Yick Wo v. Hopkins, the Supreme Court addressed the issue of: 22.

selective prosecution.a. charge joinder.b. grand jury behavior.c. prosecutorial immunity.d.

Unit 3 Examination

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BCJ 240 Procedures in the Justice System

When is the best time to resolve the question of whether joinder is appropriate? 23.

After the triala. Before the trialb. During the trialc. None of the above d.

Why may the defense argue against joinder? 24.

The jury may not consider the criminal acts separately.a. The jury may view all the evidence against the accused as inadequate.b. Only one criminal defense can be asserted.c. All of the above d.

The right to a grand jury can be found in which constitutional amendment? 25.

Fourtha. Fifthb. Sixthc. Fourteenthd.

Unit 4 Examination

169

BCJ 240 Procedures in the Justice System

Multiple Choice Questions (Enter your answers on the enclosed answer sheet)

Pleas bargaining includes charge bargaining, sentence bargaining, and _________________ 1. bargaining.

numbera. countb. judgec. appeal d.

Sentence bargaining requires who to be involved? 2.

Prosecutora. Judgeb. Defense attorneyc. All of the above d.

Which of the following are acceptable plea bargains? 3.

A lighter sentencea. Certain probation conditionsb. Prosecutor’s decision not to prosecute under a habitual offender statutec. All of the above d.

Which of the following best describes the Supreme Court’s view on plea bargaining? 4.

The Court supports it unequivocally.a. The Court supports it but requires that certain procedures be followed.b. The Court disagrees with it.c. None of the above d.

Which of the following can be considered impermissible inducements by the prosecution? 5.

Prosecutor threatens the defendant with increased charges against a third partya. Prosecutor threatens the defendant with decreased charges against a third partyb. Prosecutor flagrantly deceives the defendantc. All of the above d.

Which of the following is a type of plea bargaining where the prosecutor offers a reduction in 6. the severity of the alleged crimes?

Sentence bargaininga. Charge bargainingb. Indictment bargainingc. None of the aboved.

Unit 4 Examination

170

BCJ 240 Procedures in the Justice System

Which of the following is a type of plea bargaining where the defendant agrees to plead guilty 7. in exchange for less serious consequences?

Sentence bargaininga. Charge bargainingb. Indictment bargainingc. None of the above d.

Charge bargaining is usually carried out between whom? 8.

The judge and prosecutora. The judge and defenseb. The defense and the prosecutorc. None of the above d.

Which of the following are examples of ad hoc plea bargaining? 9.

Prosecutor offers reduction in sentencea. Prosecutor offers reduction in chargesb. Accused is required to accept extraordinary condition of probationc. All of the above d.

The right to an impartial jury stems from which constitutional amendment? 10.

Fiftha. Sixthb. Seventhc. Eighth d.

The right to a jury trial applies in: 11.

noncriminal proceedings.a. civil proceedings.b. criminal cases in which the penalty for a single offense exceeds six months.c. all petty offenses.d.

The United States Supreme Court has ruled what as the minimum number of jurors needed to 12. comply with constitutional requirements in a criminal case?

3a. 5b. 6c. 9d.

Unit 4 Examination

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BCJ 240 Procedures in the Justice System

For a waiver of a jury trial to be valid, it must be: 13.

express.a. intelligent.b. voluntary.c. All of the above d.

Most juries in criminal cases consist of how many members? 14.

6a. 12b. 18c. 24 d.

How many stages are there to jury selection? 15.

Onea. Twob. Threec. Four d.

The list of potential jury members is known as the: 16.

jury pool.a. master jury wheel.b. jury list.c. All of the above d.

In most states potential jurors need to be: 17.

of a certain age.a. U.S. citizens.b. free of felony convictions.c. All of the above d.

Which of the following is a valid technique for challenging the composition of a jury? 18.

Equal protection challengea. Due process challengeb. Seventh Amendment challengec. All of the above d.

Unit 4 Examination

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BCJ 240 Procedures in the Justice System

A jury that represents a “fair cross-section” of the community within the meaning of the Sixth 19. Amendment is one that does not exclude:

racial minorities.a. women.b. distinctive groups.c. All of the above d.

In Melendez-Diaz v. Massachusetts, the Supreme Court ruled that an analyst’s laboratory report 20. prepared for the prosecution was:

admissible based on a well-established hearsay exception. a. testimonial, so the defendant should have been allowed to cross-examine the analyst. b. admissible because scientific reports are reliable. c. testimonial unless a testable sample of the material on which the report is based is made d. available to the defendant.

Which constitutional amendment contains the double jeopardy clause? 21.

Fourtha. Fifthb. Sixthc. Fourteenth d.

Double jeopardy occurs when, for the same offense, a person is: 22.

re-prosecuted after acquittal.a. re-prosecuted after conviction.b. subjected to separate punishments for the same offense.c. all of the above. d.

In which case did the Supreme Court declare that protection against double jeopardy is a 23. fundamental right?

Benton v. Marylanda. Gideon v. Wainwrightb. Kansas v. Hendricksc. Blockburger v. United States d.

Unit 4 Examination

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BCJ 240 Procedures in the Justice System

Which of the following can be considered a separate sovereign for double jeopardy purposes? 24.

Cities a. Countiesb. Statesc. Different state appellate court districts d.

The constitutionally guaranteed protection against ________________ is designed to ensure 25. that a person who has been convicted or acquitted of a crime is not tried or punished for the same offense more than once.

entrapmenta. self-incriminationb. double jeopardyc. None of the aboved.