Philip V. Moore

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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. Spinelli’s 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 informant’s 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

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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 home’s backyard by a low-flying, fixed wing airplane

b. the overflight of a home’s backyard by a helicopter

c. the search of real estate near a person’s barn, 50 yards from the owner’s 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 he’s 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 robber’s 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 man’s 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 man’s description, a detailed description of his

car, and a report that he was seen leaving the scene of a robbery

d. Arrests the man’s friend for possession of stolen checks while the two are sitting in a

car

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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 officer’s 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

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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 president’s 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 officer’s 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 Amendment’s Reasonableness Clause

c. international law

d. no law

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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

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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 lawyer’s

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

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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 defendant’s 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 Washington’s attorney was deficient

c. guidelines as to whether attorney performance is reasonably effective are not specific

d. judicial scrutiny of counsel’s performance must be highly deferential to the attorney

54. Which statement regarding a criminal defense lawyer’s 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 attorney’s obligation to give full and complete attention to a client’s

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 officer’s 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 suspect’s 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.

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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 suspect’s 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

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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 defendant’s 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 Brigham’s 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

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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 defendant’s

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 state’s 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 court’s 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

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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 prosecutor’s physical evidence

c. the right to ask judges to review classified evidence

d. to obtain lists of government witnesses

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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

defendant’s 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

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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 defendant’s 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

defendant’s 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 defendant’s silence

c. comment on the defendant’s silence if necessary only in capital cases

d. freely comment on the defendant’s silence if the comment sounds reasonable

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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 pediatrician’s testimony regarding an examination of a sex-abuse victim is

 

admissible, although detailed notes were not kept