Explain which incorporation perspective has arguably “won out” over the others? a. Total Incorporation b. Selective Incorporation c. Total Incorporation Plus d. Case-by-Case Incorporation

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

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

a. Total Incorporation
b. Selective Incorporation
c. Total Incorporation Plus
d. Case-by-Case Incorporation
2. Which incorporation perspective has arguably “won out” over the others?

a. Total Incorporation
b. Selective Incorporation
c. Total Incorporation Plus
d. Case-by-Case Incorporation
3. A precedent is a rule of case law that is binding on all lower courts and the court that issued it. The courts will defer to prior decisions based on a similar set of facts and legal questions. This doctrine is known as:

a. Res Gestae.
b. Scire Feci.
c. Stare Decisis.
d. Suo Motu.
4. When a decision does not apply to the current facts, a court will , saying, in effect, that because the facts of the present case are different, the case cannot be decided the same way.

a. distinguish the case
b. use case precedent
c. judge decision
d. enact case law
5. The theory world and real world can differ for which of the following reasons?

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

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

a. controlling crime and due process.
b. dictatorship and democracy.
c. servitude and equality.
d. protection and procedure.
7. Which of the following is NOT one of the concepts underlying the due process perspective?

a. The criminal process looks, or should look, something like an “obstacle course.”
b. Quantity is better than quality.
c. Formality is preferred over informality.
d. A great deal of faith is put in the courts.
8. Which of the following is NOT a characteristic of the crime control perspective?

a. Assembly-line justice
b. Quantity over quality
c. Insistence on informality
d. Faith in the courts
9. Legal guilt is determined by whether a person is guilty according to the:

a. police
b. judge
c. law
d. jury
10. Which exception to the fruit of poisonous tree doctrine permits the introduction of evidence if it has become attenuated to the extent that it dissipated the taint of the initial unconstitutional act?

a. Independent source exception
b. Purged taint exception
c. Inevitable exception
d. Questionable procedure exception

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

a. Independent source exception
b. Purged taint exception
c. Inevitable exception
d. Questionable procedure exception
12. Which exception to the fruit of the poisonous tree doctrine permits the introduction of evidence if it would have been discovered anyway?

a. Independent source exception
b. Purged taint exception
c. Inevitable exception
d. Questionable procedure exception
13. At the federal level, the most common statute for holding police officers criminally liable is:

a. 18 U.S.C. Section 242.
b. 18 U.S.C. Section 1983.
c. 18 U.S.C. Section 1982.
d. 18 U.S.C. Section 243.
14. To be held liable under Section 242, a law enforcement officer must:

a. negate a person’s rights without forethought.
b. unintentionally deny an individual his or her rights.
c. act with specific intent to deprive a person of important constitutional (or other federal) rights.
d. inadvertently impose restrictions on a person’s constitutional rights.
15. In order for criminal liability to be imposed under Section 242, a(n) right must be clearly established.

a. constitutional
b. inalienable
c. legal
d. ethical

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

a. criminal liability.
b. civil liability.
c. misdemeanor charges.
d. none of the above.
17. A defense that shields police officers from criminal liability when performing certain official functions, such as using deadly force, is referred to as:

a. public duty defense.
b. immunity defense.
c. injunctive relief defense.
d. exception defense.
18. Police officers act under color of law when they:

a. fail to file official documents.
b. wear plain clothes during off-duty hours.
c. identify themselves as officers.
d. settle a personal vendetta.
19. Government action alone is not enough to implicate the Fourth Amendment. The law enforcement activity must also infringe on a person’s:

a. reasonable expectation of privacy.
b. subjective thoughts of privacy.
c. objective determination of behavior.
d. knowing exposure.
20. When people convey information or provide material to third parties, they cannot 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.

a. unwillingly
b. involuntarily
c. easily
d. voluntarily

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

a. California v. Greenwood
b. United States v. On Lee
c. Hoffa v. United States
d. Katz v. United States
22. According to the Supreme Court, which of the following is the “area to which extends the intimate activity associated with the sanctity of a man’s home and the privacies of life”?

a. Open field
b. Curtilage
c. Physical presence
d. Venue
23. Any unoccupied or undeveloped real property falling outside the curtilage of a home is referred to as:

a. curtilage.
b. range.
c. open field.
d. house.
24. Flashlights, drug dogs, satellite photography, and thermal imagery are all examples of:

a. surveillance equipment.
b. enforcement weapons.
c. enhancement devices.
d. combat tactical.
25. When there is some meaningful interference with an individual’s possessory interest in that property, it is defined as a:

a. seizure of property.
b. seizure of persons.
c. seizure.
d. search.
Multiple Choice Questions (Enter your answers on the enclosed answer sheet)
1. Why focus attention on the constitutionality of arrests?

a. The constitutionality of an arrest is critical in determining whether evidence seized in connection with the arrest is admissible in court.
b. An innocent person may sue an officer or department if unlawfully detained.
c. There is no recourse of an unlawful arrest.
d. None of the above
2. The act of taking an individual into custody for the purpose of charging the person with a criminal offense (or, in the case of a juvenile, a delinquent act) is referred to as a(n):

a. stop.
b. arrest.
c. search.
d. seizure.
3. A(n) is a brief nonconsensual encounter between a law enforcement officer and a 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.

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

a. Davis v. Mississippi
b. Florida v. Royer
c. Henry v. United States
d. Terry v. Ohio
5. In which case did the Supreme Court rule that stationhouse detentions require probable cause?

a. Carroll v. United States
b. Michigan v. Summers
c. Florida v. Royer,
d. Davis v. Mississippi

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

a. the duration of a stop.
b. the degree of the intrusion.
c. officers’ intentions.
d. all of the above.
7. Emergency circumstances, including hot pursuit, the possibility of escape, or evanescent evidence are examples of:

a. crucial exceptions.
b. exception clauses.
c. exclusionary rules.
d. exigent circumstances.
8. Which of the following is NOT a type of exigency recognized by the courts that authorizes the police to act without a warrant?

a. Hot pursuit
b. Likelihood of escape or danger to others absent of hot pursuit
c. Evanescent evidence
d. Inconvenient to obtain a warrant
9. Evanescent evidence refers to evidence that is likely to:

a. be hidden.
b. spoil.
c. disappear.
d. be transferred to another location.
10. A warrantless search for evanescent evidence is permissible when:

a. there is probable cause to believe that evidence will be destroyed, lost, or devalued.
b. the procedures employed are reasonable.
c. the exigency was not police-created.
d. All of the above
11. The Supreme Court first permitted warrantless hot pursuit searches in:

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

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

a. Carroll v. United States
b. Cardwell v. Lewis
c. California v. Carney
d. Thoraton v. United States
13. Which of the following are considered restrictions on frisks?

a. Frisks are to be nothing more than pat-downs of outer clothing.
b. Frisks must be motivated by a desire to preserve officer safety.
c. For an officer to legally seize an item during the course of a frisk, the item to be seized must be immediately apparent to the officer as contraband.
d. All of the above
14. Which case found that officers can demand identification in certain situations?

a. Hiibel v. Sixth Judicial District Court of Nevada
b. Chicago v. Morales
c. Kolender v. Lawson
d. Papachristou v. City of Jacksonville
15. In which case did the Supreme Court hold that police officers can stop and detain motorists in their vehicles with “articulable and reasonable suspicion?”

a. Terry v. Ohio
b. Pennsylvania v. Mimms
c. Delaware v. Prouse
d. Maryland v. Buie
16. The decision in Pennsylvania v. Mimms:

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

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

a. Terry v. Ohio
b. Pennsylvania v. Mimms
c. Delaware v. Prouse
d. Maryland v. Buie
18. Stops and frisks are considered which type of acts?

a. Necessary
b. Advisory
c. Separate
d. Independent
19. Person inventories are sometimes called:

a. armspan searches.
b. custodial inventories.
c. arrest inventories.
d. search incident to arrest.
20. In which case did the Supreme Court sanction fire inspections?

a. Camara v. Municipal Court
b. Michigan v. Tyler
c. United States v. Ramsey
d. Carroll v. United States
21. The Supreme Court has authorized warrantless inspections of:

a. firearms dealerships.
b. vehicle junkyards.
c. closely regulated businesses.
d. all of the above.
22. In which case did the Supreme Court sanction sobriety checkpoints?

a. Carroll v. United States
b. Michigan Dept. of State Police v. Sitz
c. Delaware v. Prouse
d. United States v. Villamonte-Marquez

23. Which of the following is an unconstitutional checkpoint?

a. Border checkpoint
b. Sobriety checkpoint
c. License and safety checkpoint
d. Suspicionless checkpoints for detecting illegal drugs
24. In which case did the Supreme Court declare that checkpoints for the purpose of detecting evidence of criminal activity are unconstitutional?

a. Carroll v. United States
b. Michigan Dept. of State Police v. Sitz
c. Delaware v. Prouse
d. City of Indianapolis v. Edmond
25. A claim of racial profiling can be raised pursuant to:

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

Multiple Choice Questions (Enter your answers on the enclosed answer sheet)
1. In which case did the Supreme Court hold that the prosecution “may not use statements, whether exculpatory or inculpatory, stemming from custodial interrogation of the defendant…”?

a. Massiah v. United States
b. Rochin v. California
c. Miranda v. Arizona
d. Kirby v. Illinois
2. Besides interrogation, which of the following is/are central element(s) of the Miranda approach to confessions and interrogations?

a. Custody
b. General questioning
c. Formal criminal proceedings
d. All of the above
3. Custody is defined by the Supreme Court as happening when:

a. A person has been taken into “custody.”
b. A person has been formally arrested.
c. A person has been deprived of his freedom of action in any significant way.
d. All of the above
4. Which of the following can be considered interrogation for Miranda purposes?

a. Formal questioning.
b. Functional equivalent of questioning.
c. Asking a question that is reasonably likely to elicit an incriminating response.
d. All of the above
5. Which of the following is NOT an essential element of the Miranda warnings?

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

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

a. Proof beyond a reasonable doubt
b. Probable cause
c. Preponderance of evidence
d. Clear and convincing evidence
7. When identification procedures violate constitutional provisions, the results from such procedures cannot be considered:

a. reliable.
b. accurate.
c. admissible in a criminal trial.
d. All of the above
8. Which of the following helps ensure a reliable lineup?

a. At least five people appear in the lineup.
b. All persons in the lineup have the same physical characteristics.
c. The suspect should be permitted to choose his or her place in line.
d. All of the above
9. A photographic array consisting of one picture may be sanctioned if:

a. the witness had ample time to view the suspect.
b. the witness paid special attention to the suspect.
c. the witness’s description is accurate.
d. All of the above
10. What do show-ups consist of?

a. The suspect and an eyewitness
b. At least five people
c. The suspect and the suspect’s attorney
d. At least three people
11. Which of the following is always preferable to show-ups?

a. Lineups
b. Single photographic identification
c. Video arrays
d. In-court show-ups

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

a. tainted identification.
b. flawed identification.
c. unreliable identification.
d. improper identification.
13. Which of the following is a method of pretrial release where the defendant promises to show up when required, without having to pay money?

a. Bail
b. Preventive detention
c. Release on own recognizance
d. Absentee trial
14. For which of the following crimes would release on recognizance most likely be ordered?

a. Murders
b. Rapes
c. Robberies
d. Petty thefts
15. Which of the following can be considered criteria for deciding whether pretrial release should be granted?

a. Flight risk
b. Dangerousness
c. Ability to pay
d. All of the above
16. In response to many defendants’ inability to post bail, professional have stepped in.

a. bankers
b. loan officers
c. bail bonds agents
d. skip tracers

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

a. Potential dangerousness of alleged offender
b. Offsetting court costs
c. Risk of flight
d. Financial status
18. Which of the following usually takes place after a pretrial release decision has been made?

a. Initial appearance
b. Bail
c. Preliminary hearing
d. All of the above
19. Which of the following is true about the preliminary hearing?

a. The accused enjoys the right to counsel.
b. The exclusionary rule does not technically apply in preliminary hearings.
c. There is no constitutional right for the accused to cross-examine.
d. All of the above
20. Which of the following is intended to prevent hasty, malicious, improvident, and oppressive prosecutions?

a. Trial
b. Pretrial release hearing
c. Preliminary hearing
d. Arraignment
21. When a prosecutor charges an individual simply because the individual is exercising his or her constitutional rights, it is known as prosecution.

a. selective
b. vindictive
c. aggressive
d. zealous
22. In Yick Wo v. Hopkins, the Supreme Court addressed the issue of:

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

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

a. After the trial
b. Before the trial
c. During the trial
d. None of the above
24. Why may the defense argue against joinder?

a. The jury may not consider the criminal acts separately.
b. The jury may view all the evidence against the accused as inadequate.
c. Only one criminal defense can be asserted.
d. All of the above
25. The right to a grand jury can be found in which constitutional amendment?

a. Fourth
b. Fifth
c. Sixth
d. Fourteenth

Multiple Choice Questions (Enter your answers on the enclosed answer sheet)
1. Pleas bargaining includes charge bargaining, sentence bargaining, and bargaining.

a. number
b. count
c. judge
d. appeal
2. Sentence bargaining requires who to be involved?

a. Prosecutor
b. Judge
c. Defense attorney
d. All of the above
3. Which of the following are acceptable plea bargains?

a. A lighter sentence
b. Certain probation conditions
c. Prosecutor’s decision not to prosecute under a habitual offender statute
d. All of the above
4. Which of the following best describes the Supreme Court’s view on plea bargaining?

a. The Court supports it unequivocally.
b. The Court supports it but requires that certain procedures be followed.
c. The Court disagrees with it.
d. None of the above
5. Which of the following can be considered impermissible inducements by the prosecution?

a. Prosecutor threatens the defendant with increased charges against a third party
b. Prosecutor threatens the defendant with decreased charges against a third party
c. Prosecutor flagrantly deceives the defendant
d. All of the above
6. Which of the following is a type of plea bargaining where the prosecutor offers a reduction in the severity of the alleged crimes?

a. Sentence bargaining
b. Charge bargaining
c. Indictment bargaining
d. None of the above

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

a. Sentence bargaining
b. Charge bargaining
c. Indictment bargaining
d. None of the above
8. Charge bargaining is usually carried out between whom?

a. The judge and prosecutor
b. The judge and defense
c. The defense and the prosecutor
d. None of the above
9. Which of the following are examples of ad hoc plea bargaining?

a. Prosecutor offers reduction in sentence
b. Prosecutor offers reduction in charges
c. Accused is required to accept extraordinary condition of probation
d. All of the above
10. The right to an impartial jury stems from which constitutional amendment?

a. Fifth
b. Sixth
c. Seventh
d. Eighth
11. The right to a jury trial applies in:

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

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

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

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

a. express.
b. intelligent.
c. voluntary.
d. All of the above
14. Most juries in criminal cases consist of how many members?

a. 6
b. 12
c. 18
d. 24
15. How many stages are there to jury selection?

a. One
b. Two
c. Three
d. Four
16. The list of potential jury members is known as the:

a. jury pool.
b. master jury wheel.
c. jury list.
d. All of the above
17. In most states potential jurors need to be:

a. of a certain age.
b. U.S. citizens.
c. free of felony convictions.
d. All of the above
18. Which of the following is a valid technique for challenging the composition of a jury?

a. Equal protection challenge
b. Due process challenge
c. Sixth Amendment challenge
d. All of the above

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

a. racial minorities.
b. women.
c. distinctive groups.
d. All of the above
20. In Melendez-Diaz v. Massachusetts, the Supreme Court ruled that an analyst’s laboratory report prepared for the prosecution was:

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

a. Fourth
b. Fifth
c. Sixth
d. Fourteenth
22. Double jeopardy occurs when, for the same offense, a person is:

a. re-prosecuted after acquittal.
b. re-prosecuted after conviction.
c. subjected to separate punishments for the same offense.
d. all of the above.
23. In which case did the Supreme Court declare that protection against double jeopardy is a fundamental right?

a. Benton v. Maryland
b. Gideon v. Wainwright
c. Kansas v. Hendricks
d. Blockburger v. United States

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

a. Cities
b. Counties
c. States
d. Different state appellate court districts
25. The constitutionally guaranteed protection against is designed to ensure that a person who has been convicted or acquitted of a crime is not tried or punished for the same offense more than once.

a. entrapment
b. self-incrimination
c. double jeopardy
d. None of the above

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