Criminal Law and Procedure Review Questions
Course Introduction
Criminal Law and Procedure introduces students to the fundamental principles of criminal responsibility, the structure and functions of the criminal justice system, and the procedural steps in the prosecution of offenses. The course covers key topics such as the elements of crimes, defenses, criminal liability, arrest, investigation, the rights of the accused, trial processes, sentencing, and appeals. Emphasizing both substantive law and procedural safeguards, it provides an overview of landmark cases and statutory frameworks, helping students understand how legal rules are applied and interpreted in real-world criminal justice scenarios.
Recommended Textbook
Criminal Procedure for the Criminal Justice Professional 12th Edition by John N. Ferdico
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15 Chapters
900 Verified Questions
900 Flashcards
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Page 2
Chapter 1: Individual Rights Under the United States
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60 Verified Questions
60 Flashcards
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Sample Questions
Q1) The Constitution, as originally proposed to the States in 1787, contained the Bill of Rights.
A)True
B)False
Answer: False
Q2) The Sixth Amendment provides a right to be represented by counsel only in criminal prosecutions that may result in imprisonment.
A)True
B)False
Answer: False
Q3) Which doctrine allows the Supreme Court to determine if a law violates the Constitution?
A) habeas corpus
B) posse comitatus
C) certiorari
D) judicial review
Answer: D
Q4) The power of the government to acquire private property is called
Answer: eminent domain
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Chapter 2: Criminal Courts, Pretrial Processes, and the
Exclusionary Rule
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60 Verified Questions
60 Flashcards
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Sample Questions
Q1) A court which can try any type of case has _____.
A) limited jurisdiction
B) appellate jurisdiction
C) general jurisdiction
D) certiorari
Answer: C
Q2) The U.S. Supreme Court ruled in Connick v. Thompson (2011) that a local municipality is not liable for a Brady violation unless _____.
A) the prosecutor knowingly violated office policy
B) the District Attorney's Office knowingly drafted a policy that violated Brady
C) there the individual defendant was clearly damaged in some way
D) there was a pattern of violations
Answer: D
Q3) The main purpose of ______________ is to accept the defendant's plea. Answer: arraignment
Q4) To challenge the admissibility of evidence and potentially have evidence excluded at trial, a defendant must first have ______________-the ability to raise a legal claim.
Answer: standing
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Chapter 3: Basic Underlying Concepts: Property, Privacy,
Probable Cause, and Reasonableness
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60 Verified Questions
60 Flashcards
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Sample Questions
Q1) Which of the following, standing alone, can serve as the basis for probable cause?
A) flight of a person from an area
B) furtive conduct
C) false or improbable answers to questions
D) observation and evaluation of real or physical evidence
Answer: D
Q2) The change from viewing the Fourth Amendment as law that protected property to a view that the law protected persons was prompted by cases that concerned _____.
A) standing to claim the protection
B) vehicular stops and searches
C) electronic surveillance
D) public stops and pat-downs
Answer: C
Q3) A criminal informant's credibility (veracity/truthfulness) must always be established by a statement of underlying facts and circumstances.
A)True
B)False
Answer: True
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Chapter 4: Criminal Investigatory Search Warrants
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60 Verified Questions
60 Flashcards
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Sample Questions
Q1) Provide examples that would illustrate a minimum of three different constitutional limits on the seizure of items found in a search.
Q2) In every jurisdiction, the judicial officers authorized to issue a search warrant are the same officers authorized to issue an arrest warrant.
A)True
B)False
Q3) Which description does not satisfy particularity requirements?
A) VHS videotape, labeled: 349, titled: A. Pretty Pet
B) RCA television set, stolen from 35 Main St., Canton, NY
C) Manufacturer unknown, model unknown, .357 Magnum revolver, stainless steel, name "Lisa" engraved on stock
D) All cannabis plants normal
Q4) The number of hours a search lasted is the major factor used to determine the reasonableness of the duration of a search.
A)True
B)False
Q5) What is the purpose and nature of Rule 41?
Q6) The person swearing-out an affidavit is referred to as the ___________.
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Chapter 5: Searches for Electronically Stored Information and
Electronic Surveillance
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60 Verified Questions
60 Flashcards
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Sample Questions
Q1) What is meant by sealing/putting under seal and why this is done?
Q2) The term _____ transfer refers to a transfer containing the human voice at any point between, and including, the point of origin and the point of reception?
A) aural
B) electronic
C) intercept
D) oral
Q3) Neither Title III of the Omnibus Crime Control and Safe Streets Act of 1968 nor the Fourth Amendment requires law enforcement to _____.
A) obtain a judicial order to intercept wire, oral, or electronic communications
B) obtain judicial authorization to covertly enter the premises to install a listening device
C) first receive administrative authorization to apply for an interception order
D) conduct themselves in a way that minimizes the interception of communications not subject to the interception order
Q4) Compare and contrast an interception order under Title III of the Wiretap Act and an ordinary search warrant.
Q5) List a minimum of three forms of wiretaps. Describe each.
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Chapter 6: Administrative and Special Needs Searches
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60 Verified Questions
60 Flashcards
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Sample Questions
Q1) Law enforcement has the authority to hold established roadside sobriety checkpoints
A) only in instances of particularized suspicion
B) without a warrant or particularized suspicion
C) only if a warrant has been issued
D) without a warrant, only if there is particularized suspicion
Q2) Relate the circumstances under which a government entity can require employees to submit to drug testing.
Q3) The Customs Service requires employees seeking transfers or promotions to certain positions within the service to submit to urinalysis testing. What has the Court found with respect to this requirement?
A) The Court upheld the policy of the Customs Service.
B) The Court upheld the policy of the Customs Service, but only under certain narrowly tailored circumstances.
C) The Court ruled that the regulations were unconstitutional.
D) The Court upheld the policy of the Customs Service, but only if the employee signed a consent form.
Q4) Explain the differences between a criminal search and an administrative search.
Q5) Warrantless searches are allowed for certain licensed and __________ industries.
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Chapter 7: Arrests, Searches Incident to Arrest, and Protective Sweeps
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60 Verified Questions
60 Flashcards
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Sample Questions
Q1) Prior to __________ v. California, the police were allowed a much broader scope in searches incident to arrest.
Q2) Describe the circumstances under which law enforcement officers may search containers. Cite at least one court case pertaining to same.
Q3) The Gant v. Arizona (2009) case limited police ability to search a vehicle incident to arrest to under which of the following situations?
A) involving an arrest for a violent crime.
B) where the arrestee/occupant is unsecured and within reaching distance of the passenger compartment or there is reason to believe the vehicle is not owned by the arrestee/occupant.
C) where there could be evidence of the crime in the vehicle or there is reason to believe the vehicle may be moved if not searched immediately.
D) where the arrestee/occupant is unsecured and within reaching distance of the passenger compartment or there could be evidence in the vehicle of the crime for which the person was arrested.
Q4) Briefly explain what is meant by the term warrantless arrest authority?
Q5) What is meant by the term exigent circumstance? Provide an example.
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Chapter 8: Stops and Frisks
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Sample Questions
Q1) Generally speaking, ______________ is needed to support an anonymous tip and provide reasonable suspicion to justify an investigatory stop.
Q2) An officer who observes a blown taillight, cracked windshield, or failure to signal when changing lanes may stop a vehicle even if a hypothetical "reasonable officer" would not have been motivated by a desire to enforce the traffic laws.
A)True
B)False
Q3) A law enforcement officer may detain property for a brief time if the officer has a ______________ that the property contains items subject to seizure.
Q4) A suspect brakes abruptly and pulls into a private driveway while extinguishing his headlights before getting to a sobriety road check in order to avoid being questioned by the police. These acts would best be described as ______________ gestures.
Q5) The initial stages of a frisk must be limited to _____.
A) the existence of probable cause.
B) a pat-down of the outer clothing.
C) a search of pockets or other 'holding' devices.
D) nothing except for a strip search.
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Page 10
Chapter 9: Consent Searches
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60 Verified Questions
60 Flashcards
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Sample Questions
Q1) Which of the following suspects, who have given consent, would have the greatest difficulty in establishing that his consent was involuntary?
A) A 16 year old who has dropped out of school
B) A high school dropout who was intoxicated at the time of the consent
C) An injured driver who was medicated in the emergency room at the time of the consent
D) A college student who has taken a course in the law of criminal procedure.
Q2) The essential ingredient for valid consent to search is _____.
A) reasonableness
B) reasonable suspicion
C) probable cause
D) voluntariness
Q3) In the __________ ruling, the U.S. Supreme Court adopted the view in which knowledge of the right to refuse consent constitutes one factor among others in the overall determination of voluntary consent.
Q4) A person may specifically authorize another individual to consent to a search of the person's property.
A)True
B)False
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Chapter 10: The Plain View Doctrine and Special Needs Searches
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60 Verified Questions
60 Flashcards
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Sample Questions
Q1) Police officers were stationed on a hill 300 yards from the rear of the suspect's eighth floor apartment. With a telescope the officers could observe through the partially closed drapes at the rear that the suspect was engaged in an illegal activity. The officers' information _____.
A) was lawfully gathered because any aural or visual enhancement is allowed B) was not lawfully gathered because they could not have seen the activity without some visual enhancement
C) was lawfully gathered because the suspect did not completely close the drapes D) was not lawfully gathered because the suspect's reasonable expectation of privacy was violated
Q2) A federal officer with an arrest warrant goes to a suspect's home. Having encountered this suspect previously, the officer knows that there will probably be controlled substances and related items lying around the apartment. Seizure of any such items as evidence would be unlawful under plain view because of the inadvertent discovery requirement.
A)True
B)False
Q3) The plain view doctrine is justified on the basis of police _____________________ and ____________________.
Page 12
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Chapter 11: Search and Seizure of Vehicles and Containers
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60 Flashcards
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Sample Questions
Q1) In U.S. v. Ross, the Court emphasized that the scope of a warrantless search of an automobile is determined by _____.
A) the object of the search and the places in which there is probable cause it may be found
B) the physical characteristics of the automobile
C) the types of containers within the automobile
D) whether there are any containers within the car and whether or not they are locked or unlocked
Q2) If an officer has probable cause to search a container after the container has been removed from a vehicle, then the Carroll doctrine _____.
A) applies
B) does not apply unless the container is in the process of being returned to the vehicle
C) does not apply
D) does not apply unless the vehicle is readily mobile
Q3) Explain the evolution of the "exigent circumstance" requirement of the Carroll doctrine. Why was the requirement abandoned?
Q4) A valid inventory search requires neither __________ nor a(n) __________.
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13
Chapter 12: Open Fields and Abandoned Property
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60 Flashcards
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Sample Questions
Q1) Select the true statement regarding determination of curtilage surrounding a house.
A) An area enclosed by a chain-link fence is always considered curtilage.
B) Shared areas of multi-unit dwellings are not protected by the Fourth Amendment.
C) The back yard of a residence is always considered curtilage.
D) An area within 50 yards of a residence is considered curtilage.
Q2) An informant tells an officer that patrons of a certain public bar sometimes do lines of cocaine on the tables set in alcoves. If the officer wants to gather some minute grains of cocaine from one of the tables as corroboration of the information, the officer will
A) need a search warrant since open fields does not apply
B) need an administrative warrant
C) not need a warrant
D) not need a warrant since the tables are in the curtilage
Q3) Curtilage typically includes _____.
A) the fenced area immediately surrounding a house
B) the area enclosed by a fence even if it is not near the house
C) the fenced area around a house and the immediately adjacent posted fields
D) the fenced area around a house and anywhere from which the house can be seen
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Chapter 13: Interrogations, Admissions, and Confessions
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60 Flashcards
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Sample Questions
Q1) Suspects who are interrogated without being Mirandized first _____.
A) may have the evidence ruled inadmissible, but will not be able to win a Section 1983 civil rights lawsuit
B) may have the evidence ruled inadmissible and may be able to win a Section 1983 civil rights lawsuit
C) will have the evidence ruled admissible, but may be able to win a Section 1983 civil rights lawsuit
D) have no equitable or compensatory recourse available to them
Q2) Explain the "focus of investigation test" of Escobedo v. Illinois, 1964, that preceded the Miranda decision.
Q3) To have a valid waiver of a person's Miranda rights, the waiver must _____.
A) be voluntarily made and must be made in front of a non -law enforcement officer witness
B) be voluntarily made and must be made with full awareness of the consequences of the waiver
C) be acknowledged by a judge and must be made with full awareness of the consequences of the waiver
D) only be voluntarily made.
Q4) Define these terms: statement, admission, interrogation, and confession.
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Chapter 14: Pretrial Visual Identification Procedures
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60 Verified Questions
60 Flashcards
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Sample Questions
Q1) How are the courts likely to handle instances where a criminal defendant shows that a police identification procedure was suggestive?
A) automatically exclude the results of the procedure
B) exclude the results only after weighing the suggestibility evidence against factors indicative of reliability
C) admit the evidence unless defendant can show definitive harm
D) admit the evidence unless the defendant has no civil law recourse
Q2) Explain the concept of incomplete sensory acquisition.
Q3) In _____, different memory images may become combined or confused with one another.
A) unconscious retrieval
B) transference confusion
C) unconscious transference
D) subconscious retrieval
Q4) An eyewitness is much more likely to identify accurately someone of his or her own race than someone of a different race. This is called __________ bias.
Q5) Describe the first stage of the memory acquisition, or encoding, process.
Q6) Describe the differences between a lineup and a showup.
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Chapter 15: Criminal Trials, Appeals, and Postconviction
Remedies
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60 Verified Questions
60 Flashcards
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Sample Questions
Q1) During a criminal trial, a mistake is made that potentially prejudices the defendant. The defendant's attorney failed to make a timely objection. What does this mean?
A) The defendant will not, under any circumstances, be able to raise the point on appeal.
B) The defendant will be able to raise the point on appeal because an error was made.
C) The defendant will only be able to raise the issue on appeal if permission is granted by the prosecutor and the appellate judge.
D) The defendant will only be able to raise the point on appeal if the mistake made is a "plain" or "prejudicial" error.
Q2) The Daubert case suggested several factors (that are neither exhaustive nor applicable to every case) that might be used in evaluating whether a particular scientific theory, study, or test is both valid and reliable. Which is not one of the factors identified by the case?
A) It is generally accepted in the relevant scientific community.
B) It has a known or potential rate of error that is acceptably low.
C) It involves a person employed by a college or university.
D) It is empirically testable and capable of replication.
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