PROCEDURES IN JUSTICE SYSTEMS

Criminal Procedure: From First Contact to Appeal

5th Edition, 2014

ISBN-13: 9780133494952

John L. Worrall

Prentice Hall

01/15

BCJ 240 Procedures in the Justice System

5

Final Examination

BCJ 240 Procedures in the Justice System

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

Typically, the lowest-level court(s) in a given state is/are: 1.

courts of general jurisdiction.a. the state supreme court.b. intermediate appellate courts.c. courts of limited jurisdiction. d.

Each state has its own highest court, typically referred to as: 2.

superior courts.a. intermediate appellate courts.b. state supreme courts.c. courts of limited jurisdiction. d.

At the federal level, the lowest-level trial court is referred to as: 3.

U.S. Supreme Court.a. U. S. courts of appeals.b. district courts.c. trial courts. d.

When an appellate court reverses a lower court’s decision, it: 4.

nullifies or sets aside a trial verdict. a. adjudicates the case.b. sends the case to a higher court for reviewc. sets the defendant free.d.

When an appellate court agrees with a lower court’s decision, it _____ that decision. 5.

reversesa. affirmsb. remandsc. vacates d.

In order for a case to reach the Supreme Court, the court must decide whether it wants to 6. hear the case. If the Supreme Court agrees that case is worth deciding, it issues what is known as a:

lex loci.a. jus cogens.b. certiorari.c. writ of certiorari.d.

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Final Examination

BCJ 240 Procedures in the Justice System

Which of the following is NOT a reason a “bright-line” decision may be helpful? 7.

It promotes consistency.a. It promotes clarity and predictability.b. It is ambiguous. c. It is subject to very little interpretation. d.

Police conduct that is considered reasonable by the police officer engaged in the conduct is 8. referred to as:

subjective reasonableness.a. objective reasonableness.b. reasonable objectiveness.c. unreasonable objectiveness. d.

The term “objective reasonableness” in criminal procedure refers to: 9.

what a single individual believes is reasonable.a. what a reasonable person believes is reasonable.b. what a jury believes is reasonable.c. what a reasonable person would do or feel under the circumstances. d.

Judicial restraint refers to: 10.

limiting decisions to the facts of each case.a. deciding cases based on additional, hypothetical situations.b. interpreting complex legal issues.c. relying on case law to determine outcomes. d.

The past Supreme Court requirement that a physical intrusion by authorities must have taken 11. place to violate one’s privacy is referred to as the:

electronic communication protection doctrine.a. privacy doctrine.b. trespass doctrine.c. physical protection doctrine. d.

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Final Examination

BCJ 240 Procedures in the Justice System

In the Section 1983 context, the requirement that the plaintiff (i.e., the party suing) 12. generally has to prove that the defendant officer intended for the violation to occur is referred to as

liabilitya. credibilityb. accountability c. culpability d.

In the Section 1983 context, the theory that an officer who violated a plaintiff’s 13. constitutional rights under color of state law should be held liable is referred to as:

individual liability.a. criminal liability.b. culpability.c. civil liability. d.

There are three nonjudicial remedies available for police misconduct. Which of the 14. following is/are NOT one of them?

Internal reviewa. Civilian reviewb. Mediationc. All of the above are nonjudicial remedies. d.

A nonjudicial remedy in which the police investigate on their own complaints against officers 15. is:

internal review.a. civilian review.b. mediation.c. judicial review. d.

Which is the strongest method of citizen input in which a civilian panel investigates, 16. adjudicates, and recommends punishment to the police chief?

Internal reviewa. Civilian reviewb. Mediationc. Judicial review d.

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Final Examination

BCJ 240 Procedures in the Justice System

A method of alternative dispute resolution in which a neutral third party renders disciplinary 17. decisions is referred to as:

internal review.a. civilian review.b. mediation.c. judicial review. d.

One way to determine if a Fourth Amendment seizure of a person has occurred is to ask if a 18. reasonable person would believe that he or she is:

free to post bail.a. speak to an attorney. b. free to decline the officer’s requests and terminate the encounter.c. None of the above. d.

In which case did the Supreme Court state that a seizure has occurred if the officer’s 19. conduct in conjunction with the questioning would convince a reasonable person that he or she is not free to leave?

Terry v. Ohioa. Dunaway v. New Yorkb. California v. Hodari Dc. Brinegar v. United States d.

Which of the following is necessary for the police to engage in actions that trigger the Fourth 20. Amendment? Examples include probable cause and reasonable suspicion.

Justificationa. Standard recognition b. Validationc. Authentication d.

This term refers to more than bare suspicion; it exists when “the facts and circumstances 21. within [the officers’] knowledge and of which they [have] reasonably trustworthy information [are] sufficient to warrant a prudent man in believing that the [suspect] had committed or was committing an offense.”

Reasonable suspiciona. Justificationb. Probable causec. Administrative justification d.

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Final Examination

BCJ 240 Procedures in the Justice System

Probable cause may be established in many ways. Which of the following would be an 22. example?

Flight from the scenea. Suspicious conductb. Incriminating evidencec. All of the above d.

In several arrest cases, the courts have considered what sources of information meet the 23. probable cause burden. Three main sources of information have been examined. Which of the following is NOT one of them?

Informants and other third partiesa. Uncorroborated phone tipsb. Firsthand knowledgec. Information that turns out, after the fact, to be mistaken but is reasonably relied on d.

Justification that falls below probable cause but above a hunch is referred to as: 24.

reasonable suspicion.a. probable cause.b. justification.c. administrative justification. d.

Which level of justification is required for stops and investigative detentions that fall short of 25. arrests?

Reasonable suspiciona. Probable causeb. Justificationc. Administrative justification d.

Which standard is used to support certain regulatory and special needs searches? It was 26. created by the Supreme Court and adopts a balancing approach, weighing the privacy interests of individuals with the interests of society in preserving public safety.

Reasonable suspiciona. Probable causeb. Justificationc. Administrative justification d.

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Final Examination

BCJ 240 Procedures in the Justice System

The courts have required that administrative searches be conducted according to: 27.

probable cause.a. objective, standardized procedures.b. departmental standards.c. officer discretion. d.

Which was the first Supreme Court case to recognize administrative justification? 28.

Camara v. Municipal Courta. United States v. Biswellb. New York v. Burgerc. Donovan v. Dewey d.

In Dunaway v. New York, the Supreme Court ruled that: 29.

border detention cases must have reasonable suspicion.a. before a juvenile is questioned, the officer must have probable causeb. a custodial interrogation must be supported by probable cause.c. encounters between police and citizens on the street must be recorded, brief, and d. nonintrusive.

For a Title III warrant to be issued, the warrant application must do which of the following? 30.

a. Provide a statement of the period of time for which the interception is required to be maintained. b. Contain a description of all the equipment that will be used to monitor the communication. c. All of the above. d. None of the above.

In which case did the Supreme Court rule that deadly force may be used when (1) it is 31. necessary to prevent the suspect’s escape, and (2) the officer has probable cause to believe the suspect poses a serious threat of death or causes serious physical injury to other people or police officers?

Davis v. Mississippia. Graham v. Connorb. Tennessee v. Garnerc. Carroll v. United States d.

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Final Examination

BCJ 240 Procedures in the Justice System

Which of the following is/are restrictions imposed on the police regarding the timing of 32. search warrants?

The service of a search warrant should take place promptly after its issuance.a. Judges commonly restrict the service of warrants to the daytime hours.b. Once the item in the warrant has been discovered, the search must be terminated.c. All the above d.

The methods used to spy on criminal suspects, such as wiretapping, video surveillance, 33. thermal imagers, and “gun detectors,” are referred to as:

electronic surveillance.a. investigative techniques.b. entrapment procedures.c. exploratory measures. d.

In which case did the Supreme Court consider a statute that permitted eavesdropping orders 34. to be issued by magistrates if the police showed reasonable grounds that evidence of a crime would be discovered?

Katz v. United States,a. Berger v. New Yorkb. United States v. Leonc. United States v. Giordano d.

Title III of the Omnibus Crime Control and Safe Streets Act is federal legislation enacted in 35. 1968 that set forth detailed guidelines on how authorities could intercept:

wire communications.a. oral communications.b. electronic communications.c. all of the above. d.

Title III of the Omnibus Crime Control and Safe Streets Act and the Electronic 36. Communications Privacy Act amend that in order for the government to intercept almost any wire, oral, and electronic communications among private parties, it must have:

an informant.a. probable cause.b. reasonable suspicion.c. a valid search warrant. d.