TEST BANK for Criminal Procedure From First Contact to Appeal, 7th Edition by John Worrall 2024

TEST BANK TEST BANK

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TEST BANK for Criminal Procedure From First Contact to Appeal, 7th Edition by John Worrall 2024

Criminal Procedure, 7e (Worrall) Chapter 1 Introduction to Criminal Procedure 1.1 Multiple Choice Questions 1) The most important source of rights applying to criminal procedure is/are: A) Court decisions B) The U.S. Constitution C) State constitutions D) Statutes Answer: B Page Ref: 2 Objective: Summarize the constitutional basis for criminal procedure.

Level: Basic 2) There are five constitutional amendments that are of special importance to criminal procedure: the Fourth, Fifth, Sixth, Eighth, and Fourteenth. Which of these is the most well-known source of rights in criminal procedure?

A) Fourth Amendment B) Fifth Amendment C) Sixth Amendment D) Eighth Amendment Answer: A Page Ref: 3 Objective: Summarize the constitutional basis for criminal procedure.

Level: Basic 3) Which statement is true of the Fourth Amendment?

A) It protects from cruel and unusual punishment.

B) It provides for a speedy and public trial, impartial jury, confrontation, compulsory process, and assistance or counsel.

C) It provides protection from double jeopardy and self-incrimination and for grand jury indictment in serious crimes.

D) It protects from unreasonable searches and seizures.

Answer: D Page Ref: 3 Objective: Summarize the constitutional basis for criminal procedure.

Level: Basic

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4) Which statement is true of the Fifth Amendment?

A) It protects from unreasonable searches and seizures.

B) It provides protection from double jeopardy and self-incrimination and for grand jury indictment in serious crimes.

C) It provides for a speedy and public trial, impartial jury, confrontation, compulsory process, and assistance or counsel.

D) It includes the so-called due process clause, which has been used to incorporate various other rights described in the Bill of Rights.

Answer: B Page Ref: 4 Objective: Summarize the constitutional basis for criminal procedure.

Level: Basic 5) Which statement is true of the Sixth Amendment?

A) It protects from unreasonable searches and seizures.

B) It includes the so-called due process clause, which has been used to incorporate various other rights described in the Bill of Rights.

C) It protects from cruel and unusual punishment.

D) It provides for a speedy and public trial, impartial jury, confrontation, compulsory process, and assistance or counsel.

Answer: D Page Ref: 4 Objective: Summarize the constitutional basis for criminal procedure.

Level: Basic 6) Which statement is true of the Eighth Amendment?

A) It protects from cruel and unusual punishment.

B) It protects from unreasonable searches and seizures.

C) It includes the so-called due process clause, which has been used to incorporate various other rights described in the Bill of Rights.

D) It provides for a speedy and public trial, impartial jury, confrontation, compulsory process, and assistance or counsel.

Answer: A Page Ref: 4 Objective: Summarize the constitutional basis for criminal procedure.

Level: Basic 7) Which statement is true of the Fourteenth Amendment?

A) It provides protection from double jeopardy and self-incrimination and for grand jury indictment in serious crimes.

B) It provides for a speedy and public trial, impartial jury, confrontation, compulsory process, and assistance or counsel.

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C) It includes the so-called due process clause, which has been used to incorporate various other rights described in the Bill of Rights.

D) It protects from cruel and unusual punishment.

Answer: C Page Ref: 4 Objective: Summarize the constitutional basis for criminal procedure.

Level: Basic 8) The due process clause consists of two types of due process: substantive and procedural. Substantive due process refers to: A) Procedural fairness B) Protection from arbitrary and unreasonable action on the part of state officials C) Exemption from complicity by government officials D) None of the above Answer: B Page Ref: 4 Objective: Summarize the constitutional basis for criminal procedure.

Level: Intermediate 9) The total incorporation perspective can be best described as the view that: A) The Fourteenth Amendment’s due process clause incorporates the entire Bill of Rights B) Protections listed in the Bill of Rights should be incorporated C) Not just the whole Bill of Rights, but other rights (e.g., privacy) should be incorporated D) Fundamental rights should be incorporated Answer: A Page Ref: 6 Objective: Summarize the constitutional basis for criminal procedure.

Level: Intermediate 10) 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 Answer: B Page Ref: 6 Objective: Summarize the constitutional basis for criminal procedure.

Level: Intermediate

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11) 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 Answer: B Page Ref: 6 Objective: Summarize the constitutional basis for criminal procedure.

Level: Basic 12) 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 Answer: C Page Ref: 7 Objective: Explain the importance of precedent.

Level: Basic 13) 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 Answer: A Page Ref: 7 Objective: Explain the importance of precedent.

Level: Basic 14) 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

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Answer: D Page Ref: 8 Objective: Compare the theory of criminal procedure to the reality.

Level: Intermediate 15) 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 Answer: A Page Ref: 10 Objective: Compare the theory of criminal procedure to the reality.

Level: Intermediate 16) Legal guilt is determined by whether a person is guilty according to the: A) Police B) Judge C) Law D) Jury Answer: C Page Ref: 10 Objective: Describe the interests of public order (crime control) and individual rights (due process) perspectives of criminal justice and how criminal procedure balances the two.

Level: Basic 17) Typically, the lowest-level court(s) in a given state is/are: A) Courts of general jurisdiction B) The state supreme court C) Intermediate appellate courts D) Courts of limited jurisdiction Answer: D Page Ref: 13 Objective: Outline the structure of the court system, including the responsibilities and jurisdictions of each level.

Level: Basic 18) Each state has its own highest court, typically referred to as: A) Superior courts B) Intermediate appellate courts C) State supreme courts D) Courts of limited jurisdiction

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Answer: C Page Ref: 13 Objective: Outline the structure of the court system, including the responsibilities and jurisdictions of each level.

Level: Basic 19) At the federal level, the lowest-level trial court is referred to as: A) U.S. Supreme Court B) U.S. courts of appeals C) District courts D) Trial courts Answer: C Page Ref: 13 Objective: Outline the structure of the court system, including the responsibilities and jurisdictions of each level.

Level: Basic 20) When an appellate court reverses a lower court’s decision, it: A) Nullifies or sets aside a trial verdict B) Sends the case back to the trial level for further action consistent with the appellate decision C) Sets the defendant free D) Adjudicates the case Answer: A Page Ref: 17 Objective: Outline the structure of the court system, including the responsibilities and jurisdictions of each level.

Level: Intermediate 21) When an appellate court agrees with a lower court’s decision, it ________ that decision.

A) Reverses B) Affirms C) Remands D) Vacates Answer: B Page Ref: 17 Objective: Outline the structure of the court system, including the responsibilities and jurisdictions of each level.

Level: Basic

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22) In order for a case to reach the Supreme Court, the court must decide whether it wants to hear the case. If the Supreme Court agrees that case is worth deciding, it issues what is known as a: A) Lex loci B) Jus cogens C) Certiorari D) Writ of certiorari Answer: D Page Ref: 18 Objective: Outline the structure of the court system, including the responsibilities and jurisdictions of each level.

Level: Basic 23) Which of the following is NOT a reason a “bright-line” decision may be helpful?

A) It promotes consistency.

B) It promotes clarity and predictability.

C) It is ambiguous.

D) It is subject to very little interpretation.

Answer: C Page Ref: 19 Objective: Summarize important issues and trends in criminal procedure.

Level: Intermediate 24) Police conduct that is considered reasonable by the police officer engaged in the conduct is referred to as: A) Subjective reasonableness B) Objective reasonableness C) Reasonable objectiveness D) Unreasonable objectiveness Answer: A Page Ref: 20 Objective: Provide an overview of the criminal process.

Level: Basic 25) The term “objective reasonableness” in criminal procedure refers to: A) What a single individual believes is reasonable B) What a reasonable person believes is reasonable C) What a jury believes is reasonable D) What a reasonable person would do or feel under the circumstances Answer: D Page Ref: 20 Objective: Provide an overview of the criminal process.

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26) Judicial restraint refers to: A) Limiting decisions to the facts of each case B) Deciding cases based on additional, hypothetical situations C) Interpreting complex legal issues D) Relying on case law to determine outcomes Answer: A Page Ref: 22 Objective: Summarize important issues and trends in criminal procedure.

Level: Basic 27) The past Supreme Court requirement that a physical intrusion by authorities must have taken place to violate one’s privacy is referred to as the: A) Electronic communication protection doctrine B) Doctrine C) Trespass doctrine D) Physical protection doctrine Answer: C Page Ref: 23 Objective: Summarize important issues and trends in criminal procedure.

Level: Intermediate 1.2 True/False Questions 1) Criminal procedure is mostly about constitutional rights, notably, those found in the Fourth, Fifth, Sixth, Eighth, and Fourteenth Amendments.

Answer: TRUE Page Ref: 3 Objective: Summarize the constitutional basis for criminal procedure.

Level: Basic 2) Total Incorporation Plus is concerned with the extent to which the various provisions of the Bill of Rights should be binding on the states.

Answer: FALSE Page Ref: 6 Objective: Summarize the constitutional basis for criminal procedure.

Level: Intermediate 3) Total incorporation favors the incorporation of all rights in the Bill of Rights.

Answer: TRUE Page Ref: 6 Objective: Summarize the constitutional basis for criminal procedure.

Level: Basic

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4) The Fourth Amendment contains no mention of privacy.

Answer: TRUE Page Ref: 23 Objective: Summarize the constitutional basis for criminal procedure.

Level: Basic 5) Criminal procedure is closely linked to history because of the importance of precedent. Before making decisions, courts almost always look to the past for the purpose of determining whether a case with similar facts has already been decided.

Answer: TRUE Page Ref: 28 Objective: Explain the importance of precedent.

Level: Basic 6) Stare decisis usually only applies to courts within a single jurisdiction.

Answer: TRUE Page Ref: 7 Objective: Explain the importance of precedent.

Level: Intermediate 7) The theoretical world of the courts most often aligns in the most important ways with the real world of law enforcement.

Answer: FALSE Page Ref: 28 Objective: Compare the theory of criminal procedure to the reality.

Level: Intermediate 8) The crime control perspective emphasizes controlling crime, often at the expense of people’s rights.

Answer: TRUE Page Ref: 11 Objective: Describe the public order (crime control) and individual rights (due process) perspectives of criminal justice and how criminal procedure balances the two.

Level: Basic 9) The due process perspective is concerned primarily with protecting people’s rights.

Answer: TRUE Page Ref: 10 Objective: Describe the public order (crime control) and individual rights (due process) perspectives of criminal justice and how criminal procedure balances the two.

Level: Basic 10) The United States has a three-tiered court structure consisting of federal, state, and city courts.

Answer: FALSE Page Ref: 13

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Objective: Outline the structure of the court system, including the responsibilities and jurisdictions of each level.

Level: Basic 11) At the federal level, three types of courts are relevant: district courts, circuit courts of appeals, and the U.S. Supreme Court.

Answer: TRUE Page Ref: 13 Objective: Outline the structure of the court system, including the responsibilities and jurisdictions of each level.

Level: Basic 12) State court structures vary from one state to the next but generally consist of courts of limited jurisdiction, trial courts of general jurisdiction, intermediate appellate courts, and supreme courts.

Answer: TRUE Page Ref: 13 Objective: Outline the structure of the court system, including the responsibilities and jurisdictions of each level.

Level: Basic 13) Criminal procedure consists of a vast set of rules and guidelines describing how suspected and accused criminals are to be handled and processed by the justice system.

Answer: TRUE Page Ref: 2 Objective: Provide an overview of the criminal process.

Level: Basic 14) The due process model emphasizes factual guilt.

Answer: FALSE Page Ref: 10 Objective: Describe the public order (crime control) and individual rights (due process) perspectives of criminal justice and how criminal procedure balances the two.

Level: Intermediate 15) A bright-line decision is one in which the Court hands down a specific rule that is meant to be applied uniformly in every case, with very little interpretation.

Answer: TRUE Page Ref: 19 Objective: Summarize important issues and trends in criminal procedure.

Level: Intermediate 16) A decision requiring case-by-case adjudication is quite different from a bright-line decision. In these types of rulings, the Supreme Court often refers to the concept of case-specific circumstances.

Answer: FALSE Page Ref: 20

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Objective: Summarize important issues and trends in criminal procedure.

Level: Intermediate 17) Police conduct that is deemed subjectively reasonable, or characterized by subjective reasonableness, is conduct that would be considered reasonable by the police officer engaged in the conduct.

Answer: TRUE Page Ref: 20 Objective: Summarize important issues and trends in criminal procedure.

Level: Basic 18) A concurring opinion disagrees with the court’s decision.

Answer: FALSE Page Ref: 17 Objective: Outline the structure of the court system, including the responsibilities and jurisdictions of each level.

Level: Basic 19) An appeal is not the only method of challenging a guilty verdict. The right of writ of certiorari—also commonly referred to as a collateral attack—is guaranteed in the Constitution.

Answer: FALSE Page Ref: 27 Objective: Provide an overview of the criminal process.

Level: Intermediate 20) One who files a habeas corpus petition is known as an appellant.

Answer: FALSE Page Ref: 17 Objective: Provide an overview of the criminal process.

Level: Intermediate 1.3 Fill in the Blank Questions 1) The ________ Amendment’s due process clause has been used by the United States Supreme Court to apply many of the rights listed in the Bill of Rights against the states.

Answer: Fourteenth Page Ref: 4 Objective: Summarize the constitutional basis for criminal procedure.

Level: Basic 2) Total incorporation plus holds that the Fourteenth Amendment’s due process clause ________ the whole Bill of Rights, as well as additional rights not specified in the Constitution, such as the “right to privacy.”

Answer: Incorporates Page Ref: 6 Objective: Summarize the constitutional basis for criminal procedure.

Level: Intermediate

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3) The ________ incorporation perspective views that the due process clause makes all of the provisions of the Bill of Rights applicable to the states.

Answer: Total Page Ref: 6 Objective: Summarize the constitutional basis for criminal procedure.

Level: Intermediate 4) The due process perspective is, first and foremost, concerned with people’s ________ and liberties.

Answer: Rights Page Ref: 10 Objective: Describe the public order (crime control) and individual rights (due process) perspectives of criminal justice and how criminal procedure balances the two.

Level: Intermediate 5) The ________ is the voice of the majority of justices in an appellate court decision, although one or more of the majority may opt to write a concurring opinion, which supports the majority’s decision but for different reasons.

Answer: Opinion Page Ref: 17 Objective: Outline the structure of the court system, including the responsibilities and jurisdictions of each level.

Level: Intermediate 6) A(n) ________ opinion disagrees with the court’s decision.

Answer: Dissenting Page Ref: 17 Objective: Outline the structure of the court system, including the responsibilities and jurisdictions of each level.

Level: Intermediate 7) A past decision may not be available for every case, but when one is, the courts should follow the doctrine of stare ________ and defer to the past case.

Answer: Decisis Page Ref: 7 Objective: Explain the importance of precedent.

Level: Intermediate 8) The term judicial ________ refers to the philosophy of limiting decisions to the facts of each case and deciding only the issue or issues that need to be resolved in a particular situation.

Answer: Restraint Page Ref: 22 Objective: Provide an overview of the criminal process.

Level: Intermediate

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9) The Bill of Rights is the first ________ Amendments to the United States Constitution.

Answer: Ten Page Ref: 5 Objective: Summarize the constitutional basis for criminal procedure.

Level: Basic 10) When the justices limit their decision to the specific facts of the case on appeal, they exercise judicial ________.

Answer: Restraint Page Ref: 22 Objective: Summarize important issues and trends in criminal procedure.

Level: Basic 1.4 Matching Questions 1-1. Match the term listed in Column 1 to the correct definition in Column 2.

A) A vast set of rules and guidelines that describe how suspected and accused criminals are to be handled and processed by the justice system B) A rule of case law (i.e., a decision by a court) that is binding on all lower courts and the court that issued it C) A general concern with people’s rights and liberties. The due process perspective is closely aligned with a liberal political orientation.

D) A perspective that emphasizes the importance of controlling crime, perhaps to the detriment of civil liberties 1) Precedent Page Ref: 7 Objective: n/a Level: Basic 2) Due process perspective Page Ref: 10 Objective: n/a Level: Basic 3) Crime control perspective Page Ref: 11 Objective: n/a Level: Basic 4) Criminal procedure Page Ref: 2 Objective: n/a Level: Basic Answers: 1) B 2) C 3) D 4) A

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1-2. Match the term listed in Column 1 to the correct definition in Column 2.

A) At the U.S. Supreme Court level, an opinion written by a justice in the minority that expresses disagreement with the majority decision. Dissenting opinions are sometimes authored in lower appellate court cases.

B) At the U.S. Supreme Court level, an opinion authored by a justice in the majority that supports the majority’s decision but with different legal logic. Concurring opinions are sometimes authored in lower appellate court cases.

C) The voice of the majority of judges in an appellate court decision. At the U.S. Supreme Court level, the opinion is the voice of at least five justices.

D) An appellate court verdict that is akin to nullifying or setting aside a lower court’s verdict E) An appellate court decision that is, for all practical purposes, the same as a reversal F) An appellate court verdict that sends a case back to the lower court for further action consistent with the appellate court’s decision G) The requirement that four U.S. Supreme Court justices must agree to hear a case before it goes before the full Court H) An appellate court verdict that expresses agreement with a lower court’s decision 5) Affirm Page Ref: 17 Objective: Outline the structure of the court system, including the responsibilities and jurisdictions of each level.

Level: Intermediate 6) Vacate Page Ref: 17 Objective: Outline the structure of the court system, including the responsibilities and jurisdictions of each level.

Level: Intermediate 7) Remand Page Ref: 17 Objective: Outline the structure of the court system, including the responsibilities and jurisdictions of each level.

Level: Intermediate 8) Reverse Page Ref: 17 Objective: Outline the structure of the court system, including the responsibilities and jurisdictions of each level.

Level: Intermediate 9) Concurring opinion Page Ref: 17 Objective: Outline the structure of the court system, including the responsibilities and jurisdictions of each level.

Level: Intermediate

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10) Rule of four Page Ref: 18 Objective: Outline the structure of the court system, including the responsibilities and jurisdictions of each level.

Level: Intermediate 11) Dissent Page Ref: 17 Objective: Outline the structure of the court system, including the responsibilities and jurisdictions of each level.

Level: Intermediate 12) Opinion Page Ref: 17 Objective: Outline the structure of the court system, including the responsibilities and jurisdictions of each level.

Level: Intermediate Answers: 5) H 6) E 7) F 8) D 9) B 10) G 11) A 12) C 1-3. Match the term listed in Column 1 to the correct definition in Column 2.

A) The party that appeals. Both the prosecutor and the defendant can appeal, although defense appeals are more common than prosecution appeals.

B) The name given to a convicted criminal who challenges the constitutionality of their confinement via a habeas corpus petition.

C) The official representing the government in a criminal case.

D) The person charged with a crime.

13) Defendant Page Ref: 16 Objective: Provide an overview of the criminal process.

Level: Basic 14) Petitioner Page Ref: 17 Objective: Provide an overview of the criminal process.

Level: Basic 15) Prosecutor Page Ref: 16 Objective: Provide an overview of the criminal process.

Level: Basic

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16) Appellant Page Ref: 17 Objective: Provide an overview of the criminal process.

Level: Basic Answers: 13) D 14) B 15) C 16) A 1-4. Match the term listed in Column 1 to the correct definition in Column 2.

A) Protection of significant life, liberty, or property interests, sometimes described as “procedural fairness.”

B) Protection from arbitrary and unreasonable action on the part of state officials.

C) When evaluating the actions of law enforcement officials, conduct that would be considered acceptable by a “reasonable person.” A judge usually decides what a “reasonable person” would consider acceptable.

D) When evaluating the actions of law enforcement officials, conduct that would be considered reasonable by the police officer engaged in the conduct.

17) Objective reasonableness Page Ref: 20 Objective: Describe the public order (crime control) and individual rights (due process) perspectives of criminal justice and how criminal procedure balances the two.

Level: Basic 18) Subjective reasonableness Page Ref: 20 Objective: Describe the public order (crime control) and individual rights (due process) perspectives of criminal justice and how criminal procedure balances the two.

Level: Basic 19) Substantive due process Page Ref: 4 Objective: Describe the public order (crime control) and individual rights (due process) perspectives of criminal justice and how criminal procedure balances the two.

Level: Basic 20) Procedural due process Page Ref: 4 Objective: Describe the public order (crime control) and individual rights (due process) perspectives of criminal justice and how criminal procedure balances the two.

Level: Basic Answers: 17) C 18) D 19) B 20) A

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1.5 Essay Questions 1) In addition to the U.S. Constitution, what other sources assist in protecting our liberty and justice?

Answer: Answers should include state constitutions and the development of state rights. Additionally, constitutions cannot protect all the interests of the people, so statutes were developed to compensate.

Examples of statutes discussed in this chapter include Title VII and Section 1983. The Federal Rules of Criminal Procedure may also be discussed.

Page Ref: 2-3 Objective: Summarize the constitutional basis for criminal procedure.

Level: Intermediate 2) Explain how Gideon v. Wainwright is an example of stare decisis.

Answer: Gideon provided the right to counsel. The right to counsel was not addressed in the Constitution. Without precedent, defendants would not have the right to counsel.

Page Ref: 7 Objective: Explain the importance of precedent.

Level: Intermediate 3) Discuss why the due process perspective resembles a liberal political orientation and why crime control is more of a conservative perspective.

Answer: Good answers should include a discussion of the competing concerns in criminal procedure of controlling crime and the guarantee of due process rights. Liberals tend to focus on liberty interests – individual liberty and rights – while conservatives tend to focus on crime control using a “cost/benefit perspective.” Due process believe it is the government’s job to maximize human freedom and that a suspect is innocent until proven guilty. Due process has four ideals: that the criminal justice system should look like an obstacle course, quality over quantity, insistence on formality, and faith in the courts. Crime control advocates believe that the benefit of controlling crime to society at large outweighs the cost of infringing on some individuals’ due process protections.

Crime controls also has four ideals: the criminal process should look like an assembly line, quantity over quality, insistence on informality, and faith in the police.

Page Ref: 10-12 Objective: Describe the public order (crime control) and individual rights (due process) perspectives of criminal justice and how criminal procedure balances the two.

Level: Difficult 4) The United States chief justices greatly influence society’s political stances and moral trends morals.

What were the outcomes when Earl Warren was chief justice?

Answer: The Warren Court was from 1953 until 1969. The main outcome during this time period was extensive constitutional protections for criminal defendants. It was concerned with individual rights and due process.

Page Ref: 21 Objective: Summarize important issues and trends in criminal procedure.

Level: Intermediate

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5) When comparing criminal procedure in theory versus reality, police officers cannot stop a motorist without some level of justification. As discussed in the book, what is the reality of this situation?

Answer: The reality is that people are often stopped without justification and are stopped based on prejudice. In addition, when those stopped without justification try to file a complaint, the results of those complaints are often in favor of law enforcement.

Page Ref: 9 Objective: Compare the theory of criminal procedure to the reality.

Level: Intermediate 6) Aside from the federal court system, every state has a different court system. Review your home state’s court system and outline how it is organized and how that state’s courts function.

Answer: Answers will vary, but should include courts of limited jurisdiction, courts of general jurisdiction, superior courts, intermediate appellate courts, and the state supreme court. Poor answers will only list the courts and not develop their functions and roles within the state.

Page Ref: 13 Objective: Outline the structure of the court system, including the responsibilities and jurisdictions of each level.

Level: Intermediate 7) Analyze Figure 1.9 (The Criminal Justice System) on page 25 of the text. Why is the United States criminal justice system so complicated? What are the benefits of our system? What are the drawbacks of our system?

Answer: Answers will vary. Poor answers will only list the steps outlined in the chapter. Well prepared answers will discuss how this system needs to be complicated in order to provide due process and justice.

Page Ref: 25 Objective: Provide an overview of the criminal process.

Level: Difficult 1.6 Critical Thinking Questions 1) Considering that the Bill of Rights was designed as a series of limitations on the federal government, does it make sense that many of the same limitations have been applied to all states by the United States Supreme Court? Take a position and defend it.

Answer: Answers should include a discussion of the various incorporation arguments, including the total incorporation perspective; the selective incorporation, or the fundamental rights perspective; the total incorporation plus perspective; and finally the view that some have that the topic of incorporation deserves a case-by-case consideration. The important aspect of this question is the position taken and the analytical support given to the answer. Which incorporation perspective makes the best sense to the writer, and why? Poor answers will merely recite definitions and have minimal analysis.

Page Ref: 3-7 Objective: Summarize the constitutional basis for criminal procedure.

Level: Difficult

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2) Using the website http:www.supremecourtus.gov, find a Supreme Court case and write about it. Be sure to incorporate at least five key terms used in the chapter.

Answer: Answers will vary, but should demonstrate the ability to find, review, and analyze a court case and decision. Poor answers will just recite definitions and skip the analysis.

Page Ref: 16-19 Objective: Outline the structure of the court system, including the responsibilities and jurisdictions of each level.

Level: Difficult 3) Should Americans enjoy a right to privacy, even though no such right is listed in the Constitution?

Give some current examples of situations in which you believe the right to privacy should be respected by the courts.

Answer: Answers will discuss the basis for the right to privacy and then relate it to modern examples, which could include Internet issues, medical marijuana use, abortions, religious freedoms, etc.

Page Ref: 19-23 Objective: Summarize important issues and trends in criminal procedure.

Level: Difficult

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Criminal Procedure, 7e (Worrall) Chapter 2 Remedies 2.1 Multiple Choice Questions 1) Which rule provides that evidence obtained in violation of the Constitution cannot be used in a criminal trial to prove guilt?

A) The exclusionary rule B) The fair examination rule C) The indoctrination rule D) The prior criminal procedure rule Answer: A Page Ref: 32 Objective: Summarize the exclusionary rule and the issues associated with it.

Level: Basic 2) There are two types of remedies: A) Extralegal and legal B) Illegal and interlegal C) Legal and intralegal D) Extralegal and illegal Answer: A Page Ref: 32 Objective: Summarize the exclusionary rule and the issues associated with it.

Level: Basic 3) Extralegal remedies are: A) Remedies made available by the law, by court decisions, or by a police policy or procedure B) Remedies made through government action C) Remedies conducted outside the legal process D) Remedies that follow a formal process Answer: C Page Ref: 32 Objective: Summarize the exclusionary rule and the issues associated with it.

Level: Basic 4) Which of the following is the most frequently discussed remedy in criminal procedure?

A) Constitutional law B) Exclusionary rule C) Criminal law D) Legal remedies

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Answer: B Page Ref: 32 Objective: Summarize the exclusionary rule and the issues associated with it.

Level: Intermediate 5) Which of the following is a criticism of the exclusionary rule?

A) The rule excludes reliable evidence.

B) The rule does very little to deter police misconduct.

C) The rule creates public cynicism towards the judicial system.

D) The rule deters police misconduct.

Answer: B Page Ref: 35 Objective: Summarize the exclusionary rule and the issues associated with it.

Level: Intermediate 6) Which of the following is an argument in support of the exclusionary rule?

A) The rule is beneficial because it helps innocent people.

B) Innocent people have been subjected to more unconstitutional searches.

C) The exclusionary rule is disproportionate in terms of its consequences.

D) The exclusionary rule fails to serve as a general deterrent.

Answer: A Page Ref: 36 Objective: Summarize the exclusionary rule and the issues associated with it.

Level: Basic 7) The exclusionary rule does NOT apply in: A) Habeas corpus proceedings B) Parole revocation hearings C) Grand jury investigations D) All of the above Answer: D Page Ref: 36-37 Objective: Summarize the exclusionary rule and the issues associated with it.

Level: Basic 8) Which exception to the exclusionary rule provides that when an honest mistake is made during the course of a search or a seizure, any subsequently obtained evidence will be considered admissible?

A) Parole B) Revocation C) Good faith D) Impeachment

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Answer: C Page Ref: 37 Objective: Summarize the exclusionary rule and the issues associated with it.

Level: Basic 9) Which rule excludes additional evidence later obtained in an investigation that was the result of an initial illegal search?

A) Bad faith rule B) Silver platter rule C) Purged taint D) Fruit of the poisonous tree Answer: D Page Ref: 39 Objective: Summarize the “fruit of the poisonous tree” doctrine and the exceptions to it.

Level: Basic 10) Exceptions to the fruit of the poisonous tree doctrine include: A) Purged taint B) Independent source C) Inevitable discovery D) All of the above Answer: D Page Ref: 0-42 Objective: Summarize the “fruit of the poisonous tree” doctrine and the exceptions to it.

Level: Basic 11) 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 Answer: B Page Ref: 40 Objective: Summarize the “fruit of the poisonous tree” doctrine and the exceptions to it.

Level: Basic 12) 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

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C) Inevitable exception D) Questionable procedure exception Answer: A Page Ref: 42 Objective: Summarize the “fruit of the poisonous tree” doctrine and the exceptions to it.

Level: Basic 13) 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 Answer: C Page Ref: 42 Objective: Summarize the “fruit of the poisonous tree” doctrine and the exceptions to it.

Level: Basic 14) 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 Answer: A Page Ref: 43 Objective: Describe criminal prosecution and civil remedies for constitutional rights violations.

Level: Basic 15) 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 their 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 Answer: C Page Ref: 43 Objective: Describe criminal prosecution and civil remedies for constitutional rights violations.

Level: Intermediate

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16) 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 Answer: A Page Ref: 43 Objective: Describe criminal prosecution and civil remedies for constitutional rights violations.

Level: Intermediate 17) 42 U.S.C Section 1983 is used for: A) Criminal liability B) Civil liability C) Misdemeanor charges D) None of the above Answer: B Page Ref: 44 Objective: Describe criminal prosecution and civil remedies for constitutional rights violations.

Level: Basic 18) 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 Answer: A Page Ref: 44 Objective: Describe criminal prosecution and civil remedies for constitutional rights violations.

Level: Basic 19) 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 Answer: C Page Ref: 46

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Objective: Describe criminal prosecution and civil remedies for constitutional rights violations.

Level: Basic 20) In the Section 1983 context, the requirement that the plaintiff (i.e., the party suing) generally has to prove that the defendant officer intended for the violation to occur is referred to as: A) Liability B) Credibility C) Accountability D) Culpability Answer: D Page Ref: 47 Objective: Describe criminal prosecution and civil remedies for constitutional rights violations.

Level: Basic 21) In the Section 1983 context, the theory that the officer who allegedly committed the constitutional rights violation should be held liable is referred to as: A) Individual liability B) Criminal liability C) Culpability D) Civil liability Answer: A Page Ref: 48 Objective: Describe criminal prosecution and civil remedies for constitutional rights violations.

Level: Basic 22) There are three nonjudicial remedies available for police misconduct. Which are of the following is/are NOT one of them?

A) Internal review B) Civilian review C) Mediation D) All of the above Answer: D Page Ref: 50 Objective: Describe nonjudicial remedies for constitutional rights violations.

Level: Basic 23) A nonjudicial remedy in which the police investigate on their own complaints against officers is: A) Internal review B) Civilian review

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C) Mediation D) Judicial review Answer: A Page Ref: 50 Objective: Describe nonjudicial remedies for constitutional rights violations.

Level: Basic 24) Which is the strongest method of citizen input in which a civilian panel investigates, adjudicates, and recommends punishment to the police chief?

A) Internal review B) Civilian review C) Mediation D) Judicial review Answer: B Page Ref: 53 Objective: Describe nonjudicial remedies for constitutional rights violations.

Level: Basic 25) A method of alternative dispute resolution in which a neutral third party renders disciplinary decisions is referred to as: A) Internal review B) Civilian review C) Mediation D) Judicial review Answer: C Page Ref: 53 Objective: Describe nonjudicial remedies for constitutional rights violations.

Level: Basic 26) William A. Geller has argued which of the following points regarding civilian input into the process of investigating complaints against police?

A) It is difficult for people that are disconnected from the police department to have an adequate understanding of the internal operations of a civilian review board.

B) It is beneficial for an objective look at the internal workings of police departments.

C) It is crucial in the use of existing resources at citizen’s disposal.

D) It is effective in investigating civilian complaints.

Answer: A Page Ref: 52 Objective: Describe nonjudicial remedies for constitutional rights violations.

Level: Intermediate 27) ________ in the complaint process will produce 1. more objective and more thorough investigations, 2. a higher rate of sustained complaints and more disciplinary actions against guilty officers, 3. greater deterrence of police misconduct (through both general and specific deterrence), and 4. higher 240 Copyright © 2024 Pearson Education, Inc.

levels of satisfaction on the part of both individual complainants and the general public.

A) Citizen involvement B) Internal review involvement C) Mediation D) Government review involvement Answer: A Page Ref: 53 Objective: Describe nonjudicial remedies for constitutional rights violations.

Level: Intermediate 28) During mediation, a neutral third party is often referred to as a(n): A) Ombudsman B) Mediator C) Arbitrator D) All of the above Answer: D Page Ref: 53 Objective: Describe nonjudicial remedies for constitutional rights violations.

Level: Basic 29) Which of the following is a key characteristic of the ombudsman system?

A) It is independent of the complaint and the person being complained against.

B) The ombudsman should be a person to whom people may feel comfortable bringing grievances connected with the government.

C) The ombudsman stands between the citizen and the government, acting as something of an intermediary.

D) All of the above Answer: D Page Ref: 53 Objective: Describe nonjudicial remedies for constitutional rights violations.

Level: Intermediate 30) This remedy involves a neutral third-party rendering decisions and is the most desirable approach to address problems of police misconduct?

A) Internal review B) Civilian review C) Mediation D) Nonjudicial review Answer: C Page Ref: 53 Objective: Describe nonjudicial remedies for constitutional rights violations.

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2.2 True/False Questions 1) The most significant remedy in criminal procedure is the exclusionary rule because it requires that evidence obtained in violation of the Constitution cannot be used in a criminal trial to prove guilt.

Answer: TRUE Page Ref: 32 Objective: Summarize the exclusionary rule and the issues associated with it.

Level: Intermediate 2) Whenever law enforcement violates one or more of the Fourth, Fifth, Sixth, and Fourteenth Amendments, the evidence resulting from such a violation will not be admissible in a court of law.

Answer: TRUE Page Ref: 35 Objective: Summarize the exclusionary rule and the issues associated with it.

Level: Intermediate 3) In Elkins v. United States the United States Supreme Court decided that the exclusionary rule applied to the states in cases involving Fourth Amendment violations.

Answer: FALSE Page Ref: 34 Objective: Summarize the exclusionary rule and the issues associated with it.

Level: Basic 4) Extralegal remedies are considered effective alternatives to legal remedies.

Answer: FALSE Page Ref: 32 Objective: Summarize the exclusionary rule and the issues associated with it.

Level: Basic 5) The exclusionary rule does not apply in habeas corpus proceedings.

Answer: TRUE Page Ref: 36 Objective: Summarize the exclusionary rule and the issues associated with it.

Level: Intermediate 6) The exclusionary rule applies not only to evidence obtained as a direct result of a constitutional rights violation, but also to evidence indirectly derived from a constitutional rights violation.

Answer: TRUE Page Ref: 40 Objective: Summarize the “fruit of the poisonous tree” doctrine and the exceptions to it.

Level: Intermediate

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7) The Supreme Court has carved out three important exceptions to the fruit of the poisonous tree doctrine: purged taint, dependent source, and inevitable discovery.

Answer: FALSE Page Ref: 40 Objective: Summarize the “fruit of the poisonous tree” doctrine and the exceptions to it.

Level: Basic 8) In making an attenuation analysis, the court must decide whether the derivative evidence was obtained by exploiting the initial unconstitutional act, or by other means that purged the taint of the unconstitutional act.

Answer: TRUE Page Ref: 40 Objective: Summarize the “fruit of the poisonous tree” doctrine and the exceptions to it.

Level: Intermediate 9) In the fruit of the poisonous tree doctrine, the “poisonous tree” is the initial unconstitutional search or seizure. Anything obtained from the tree is considered “forbidden fruit” that should be included.

Answer: FALSE Page Ref: 40 Objective: Summarize the “fruit of the poisonous tree” doctrine and the exceptions to it.

Level: Basic 10) The inevitable discovery exception states that if evidence would be found regardless of unconstitutional police conduct, then it is admissible.

Answer: TRUE Page Ref: 42 Objective: Summarize the “fruit of the poisonous tree” doctrine and the exceptions to it.

Level: Basic 11) Police officers may be held criminally liable under 18 U.S.C. Section 242.

Answer: TRUE Page Ref: 43 Objective: Describe criminal prosecution and civil remedies for constitutional rights violations.

Level: Basic 12) Police officers enjoy immunity from criminal liability if the actions are committed as part of their official duties.

Answer: FALSE Page Ref: 43 Objective: Describe criminal prosecution and civil remedies for constitutional rights violations.

Level: Intermediate

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13) The term “theory of liability” refers to who the plaintiff is.

Answer: FALSE Page Ref: 47 Objective: Describe criminal prosecution and civil remedies for constitutional rights violations.

Level: Basic 14) “Injunctive relief” generally means the plaintiff in a civil lawsuit wants the court to bring the injurious or offensive action to a halt.

Answer: TRUE Page Ref: 45 Objective: Describe criminal prosecution and civil remedies for constitutional rights violations.

Level: Basic 15) Qualified immunity is a judicially created defense to a Section 1983 suit, much like the exclusionary rule has been created through judicial decisions.

Answer: TRUE Page Ref: 49 Objective: Describe criminal prosecution and civil remedies for constitutional rights violations.

Level: Intermediate 16) There are three nonjudicial remedies available for police misconduct: internal review, civilian review, and mediation.

Answer: TRUE Page Ref: 50 Objective: Describe nonjudicial remedies for constitutional rights violations.

Level: Basic 17) Many police agencies have resisted the use of internal review mechanisms as a form of nonjudicial remedy.

Answer: FALSE Page Ref: 52 Objective: Describe nonjudicial remedies for constitutional rights violations.

Level: Intermediate 18) Due to the demand for external input in the investigation of police, there has been a marked increase in the number of cities involving citizens at some stage of the complaint review process.

Answer: TRUE Page Ref: 53 Objective: Describe nonjudicial remedies for constitutional rights violations.

Level: Intermediate

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19) A key characteristic of the ombudsman system is that it is part of the system, so they truly understand the nature of the job.

Answer: FALSE Page Ref: 53 Objective: Describe nonjudicial remedies for constitutional rights violations.

Level: Intermediate 20) The most common method of rectifying constitutional rights violations is mediation, in which a neutral third party decides on the issues in dispute.

Answer: FALSE Page Ref: 54 Objective: Describe nonjudicial remedies for constitutional rights violations.

Level: Intermediate 2.3 Fill in the Blank Questions 1) A(n) ________ is a method of rectifying wrongdoing.

Answer: Remedy Page Ref: 32 Objective: Summarize the exclusionary rule and the issues associated with it.

Level: Basic 2) As a general rule, when a(n) ________ mistake is made during the course of a search or seizure, any subsequently obtained evidence will be considered admissible and is known as the “good faith” exception.

Answer: Honest Page Ref: 37 Objective: Summarize the exclusionary rule and the issues associated with it.

Level: Basic 3) A ________ claim requires that an official acted under the color of the law and the official deprived someone of their constitutional rights.

Answer: Bivens Page Ref: 49 Objective: Describe criminal prosecution and civil remedies for constitutional rights violations.

Level: Intermediate 4) Evidence that would have been discovered despite an illegal search through other investigative means is admissible under the rule known as ________ discovery.

Answer: Inevitable Page Ref: 42 Objective: Summarize the “fruit of the poisonous tree” doctrine and the exceptions to it.

Level: Basic

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5) The exceptions to the fruits of the poisonous tree doctrine include _________ source, purged taint, and inevitable discovery.

Answer: Independent Page Ref: 40 Objective: Summarize the “fruit of the poisonous tree” doctrine and the exceptions to it.

Level: Basic 6) In the fruit of the poisonous tree doctrine, the “poisonous tree” is the initial ________ search or seizure.

Answer: Unconstitutional Page Ref: 39 Objective: Summarize the “fruit of the poisonous tree” doctrine and the exceptions to it.

Level: Intermediate 7) A federal judge has ________ immunity from being sued in civil court for making judicial decisions.

Answer: Absolute Page Ref: 49 Objective: Describe criminal prosecution and civil remedies for constitutional rights violations.

Level: Basic 8) Government officials performing discretionary functions have ________ immunity from civil lawsuits for official conduct that does not violate clearly established rights which a reasonable person would have known.

Answer: Qualified Page Ref: 49 Objective: Describe criminal prosecution and civil remedies for constitutional rights violations.

Level: Basic 9) The process of police department reviewing alleged constitutional violations by themselves is known as ________ review.

Answer: Internal Page Ref: 50 Objective: Describe nonjudicial remedies for constitutional rights violations.

Level: Basic 10) Nonjudicial remedies include internal review, civilian review, and ________.

Answer: Mediation Page Ref: 50 Objective: Describe nonjudicial remedies for constitutional rights violations.

Level: Basic

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2.4 Matching Questions 2-1. Match the term listed in Column 1 to the correct definition in Column 2.

A) An exception to the exclusionary rule providing that when an honest mistake is made during the course of a search or seizure, any subsequently obtained evidence will be considered admissible B) A practice prior to Elkins v. United States (364 U.S. 206 [1960]) that permitted the use of evidence in federal court that had been obtained illegally by state officials C) An exception to the exclusionary rule providing that evidence considered inadmissible at one trial can be used in later trial to impeach (i.e., cast doubt on the credibility of) the defendant 1) Silver platter doctrine Page Ref: 33 Objective: Summarize the exclusionary rule and the issues associated with it.

Level: Basic 2) Good faith exception Page Ref: 37 Objective: Summarize the exclusionary rule and the issues associated with it.

Level: Basic 3) Impeachment exception Page Ref: 39 Objective: Summarize the exclusionary rule and the issues associated with it.

Level: Basic Answers: 1) B 2) A 3) C 2-2. Match the term listed in Column 1 to the correct definition in Column 2.

A) An exception to the fruit of the poisonous tree doctrine that permits the introduction of evidence if it would have been discovered anyway B) An exception to the fruit of poisonous tree doctrine that permits the introduction of evidence if it has become attenuated to the extent that it dissipated the taint of the initial unconstitutional act C) An exception to the fruit of the poisonous tree doctrine that permits the introduction of evidence if it has arrived via an independent source, such as a party disconnected from the case at hand D) An exception to the exclusionary rule providing that evidence considered inadmissible at one trial can be used in later trial to impeach (i.e., cast doubt on the credibility of) the defendant 4) Independent source Page Ref: 41 Objective: Summarize the “fruit of the poisonous tree” doctrine and the exceptions to it.

Level: Basic

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5) Impeachment exception Page Ref: 392 Objective: Summarize the “fruit of the poisonous tree” doctrine and the exceptions to it.

Level: Basic 6) Purged taint exception Page Ref: 40 Objective: Summarize the “fruit of the poisonous tree” doctrine and the exceptions to it.

Level: Basic 7) Inevitable discovery Page Ref: 42 Objective: Summarize the “fruit of the poisonous tree” doctrine and the exceptions to it.

Level: Basic Answers: 4) C 5) D 6) B 7) A 2-3. Match the term listed in Column 1 to the correct definition in Column 2.

A) The same as a lawsuit B) A defense that shields police officers from criminal liability when performing certain official functions, such as using deadly force C) A court-ordered prohibition against a certain act or condition D) A federal statute that provides a remedy in federal court for the “deprivation of any rights . . . secured by the Constitution and laws” of the United States. Also called “Section 1983.”

8) Public duty defense Page Ref: 44 Objective: Describe criminal prosecution and civil remedies for constitutional rights violations.

Level: Intermediate 9) 42 U.S.C. Section 1983 Page Ref: 45 Objective: Describe criminal prosecution and civil remedies for constitutional rights violations.

Level: Intermediate 10) Civil litigation Page Ref: 44 Objective: Describe criminal prosecution and civil remedies for constitutional rights violations.

Level: Intermediate 11) Injunctive relief Page Ref: 45 Objective: Describe criminal prosecution and civil remedies for constitutional rights violations.

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Level: Intermediate Answers: 8) B 9) D 10) A 11) C 2-4. Match the term listed in Column 1 to the correct definition in Column 2.

A) The logic offered for who should be held accountable–and why B) In the Section 1983 context, the theory that a municipality or county should be held liable for the actions of one of its officers, such as for failure to train C) A Section 1983 lawsuit against a federal official D) In the Section 1983 context, the theory that a supervisor (such as a sergeant or captain) should be held liable 12) Theory of liability Page Ref: 47 Objective: Describe criminal prosecution and civil remedies for constitutional rights violations.

Level: Intermediate 13) Supervisory liability Page Ref: 47 Objective: Describe criminal prosecution and civil remedies for constitutional rights violations.

Level: Intermediate 14) Municipal/county liability Page Ref: 47 Objective: Describe criminal prosecution and civil remedies for constitutional rights violations.

Level: Intermediate 15) Bivens claim Page Ref: 49 Objective: Describe criminal prosecution and civil remedies for constitutional rights violations.

Level: Intermediate Answers: 12) A 13) D 14) B 15) C 2-5. Match the term listed in Column 1 to the correct definition in Column 2.

A) The strongest method of citizen input in which a civilian panel investigates, adjudicates, and recommends punishment to the police chief B) A method of alternative dispute resolution in which a neutral third party renders disciplinary decisions C) The weakest method of citizen input that leaves investigation, adjudication, and discipline inside the department. A civilian is allowed to review the adequacy and impartiality of the process.

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D) A method of citizen input into the complaint review process in which a civilian panel receives and investigates a complaint, leaving adjudication and discipline with the department itself E) A nonjudicial remedy in which the police investigate on their own complaints against officers F) The neutral third party who conducts mediation 16) Internal review Page Ref: 52 Objective: Describe nonjudicial remedies for constitutional rights violations.

Level: Basic 17) Civilian review Page Ref: 53 Objective: Describe nonjudicial remedies for constitutional rights violations.

Level: Basic 18) Mediation Page Ref: 53 Objective: Describe nonjudicial remedies for constitutional rights violations.

Level: Basic 19) Civilian monitor Page Ref: 53 Objective: Describe nonjudicial remedies for constitutional rights violations.

Level: Basic 20) Civilian input Page Ref: 53 Objective: Describe nonjudicial remedies for constitutional rights violations.

Level: Basic 21) Ombudsman Page Ref: 53 Objective: Describe nonjudicial remedies for constitutional rights violations.

Level: Basic Answers: 16) E 17) A 18) B 19) C 20) D 21) F 2.5 Essay Questions 1) What are the three main court decisions, prior to Weeks v. Ohio, that aided in the development of the exclusionary rule? Explain their impact.

Answer: Boyd v United States found that compulsory production of private books and papers was compelling Boyd to be a witness against himself and ultimately an unreasonable search and seizure.

In Weeks v. United States, the court held that documents seized were obtained without a warrant and therefore should be returned to Weeks rather than used in a criminal trial against the petitioner.

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Silverthorne Lumber Co v. United States involved federal agents again seizing documents regarding taxes without having a warrant and thus violating the Fourth Amendment.

Page Ref: 32-33 Objective: Summarize the exclusionary rule and the issues associated with it.

Level: Intermediate 2) From Brown v. Illinois, what are the factors the Supreme Court said should be considered when applying the purged taint exception?

Answer: 1. Whether the Miranda warnings were given prior to a voluntary confession. 2. The “temporal proximity” of illegal police conduct to verbal statements made by a suspect. 3. The presence of intervening events or circumstances. 4. The “purpose and flagrancy of the official misconduct.”

Page Ref: 40-41 Objective: Summarize the “fruit of the poisonous tree” doctrine and the exceptions to it.

Level: Intermediate 3) Describe the stages of a civil lawsuit.

Answer: 1. Citizen complaint; 2. Demand; 3. Citizen complaint board; 4. Lawyer’s letter; 5. Prelitigation settlement discussion; 6. Claim with city/county clerk; 7. Lawsuit Page Ref: 45 Objective: Describe criminal prosecution and civil remedies for constitutional rights violations.

Level: Intermediate 4) Describe 5 drawbacks that civilian input has on the process of investigating complaints against police officers.

Answer: 1. They ignore existing legal resources at citizens’ disposal. 2. It is difficult for people disconnected from the police department to have an adequate understanding of the internal operations of a civilian review board. 3. Citizen review damages morale. 4. Civilian review invites abdication of authority by line supervisors. 5. Such boards weaken the ability of top management to achieve conformity through discipline. 6. They are tantamount to admitting that the police are incapable of policing themselves.

Page Ref: 52 Objective: Describe nonjudicial remedies for constitutional rights violations.

Level: Intermediate 2.6 Critical Thinking Questions 1) Should the good faith exception to search and seizure violations be eliminated? Does it matter that the good faith exception allows for constitutional violations to go unpunished?

Answer: Answers will cover the definitions of the good faith exception and then analyze whether it matters that the exception allows the use of evidence that is illegally obtained. This question requires taking a position on the arguments for or against the exclusionary rule and defending the position.

Page Ref: 37-38 Objective: Summarize the exclusionary rule and the issues associated with it.

Level: Difficult

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2) Is civil liability a meaningful deterrent against police misconduct? Why or why not?

Answer: Answers should explain the various civil remedies available to address constitutional violations including 18 U.S.C. 1983 and state tort actions. The position taken and defended is the crux of this question.

Page Ref: 43-50 Objective: Describe criminal prosecution and civil remedies for constitutional rights violations.

Level: Difficult

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Criminal Procedure, 7e (Worrall) Chapter 3 Introduction to Search and Seizure 3.1 Multiple Choice Questions 1) The Fourth Amendment contains which two basic clauses?

A) Probable and reasonable suspicion clauses B) Reasonableness and warrant clauses C) Reasonableness and probable cause clauses D) Search and seizure clauses Answer: B Page Ref: 59 Objective: Summarize the Fourth Amendment.

Level: Basic 2) The first part of the Fourth Amendment, “The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated . . .” is referred to as the: A) Reasonableness clause B) Probable clause C) Warrant clause D) Procedural clause Answer: A Page Ref: 59 Objective: Summarize the Fourth Amendment.

Level: Intermediate 3) The second part of the Fourth Amendment, “. . . no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized” is referred to as the: A) Probable clause B) Reasonableness clause C) Warrant clause D) Seizure clause Answer: C Page Ref: 59 Objective: Summarize the Fourth Amendment.

Level: Intermediate 4) The Fourth Amendment protects which of the following from unreasonable searches and seizures?

A) Persons B) Houses

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C) Papers and effects D) All of the above Answer: D Page Ref: 61 Objective: Summarize the Fourth Amendment.

Level: Basic 5) Which term refers to the individual as a whole, both internally and externally, and includes words communicated that are not used for identification purposes?

A) Person B) Individual C) Effects D) Entities Answer: A Page Ref: 60 Objective: Summarize the Fourth Amendment.

Level: Basic 6) Which term is broadly construed to mean any structure that a person uses as a residence (and frequently a business) on either a temporary or long-term basis?

A) Dwelling B) House C) Residential structure D) Unit Answer: B Page Ref: 60 Objective: Summarize the Fourth Amendment.

Level: Basic 7) Which term refers to nearly all personal items, including business records, letters, diaries, memos, and countless other forms of tangible evidence?

A) Papers and effects B) Evidence C) Records D) Items Answer: A Page Ref: 60 Objective: Summarize the Fourth Amendment.

Level: Basic 8) If the police activity in question does not involve a person, house, paper, or effect: A) Fourth Amendment protections are decided on a case-by-case basis B) No Fourth Amendment protections exist 254 Copyright © 2024 Pearson Education, Inc.

C) Fourth Amendment protections still exist D) No Fifth Amendment protections exist Answer: B Page Ref: 60 Objective: Summarize the Fourth Amendment.

Level: Intermediate 9) To define when a search takes place, which two important factors need to be considered?

A) Government action and probable cause B) Government action and objective reasonableness C) Government action and reasonable expectation of privacy D) Probable cause and reasonable expectation of privacy Answer: C Page Ref: 61 Objective: Define search within the context of the Fourth Amendment.

Level: Intermediate 10) Who are considered government officials within the meaning of the Fourth Amendment?

A) Uniformed police officers B) Fire inspectors C) Public school teachers D) All of the above Answer: D Page Ref: 62 Objective: Define search within the context of the Fourth Amendment.

Level: Basic 11) 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 Answer: A Page Ref: 63 Objective: Define search within the context of the Fourth Amendment.

Level: Intermediate 12) 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.

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C) Easily D) Voluntarily Answer: D Page Ref: 64 Objective: Define search within the context of the Fourth Amendment.

Level: Intermediate 13) 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 Answer: A Page Ref: 66 Objective: Define search within the context of the Fourth Amendment.

Level: Basic 14) 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 Answer: B Page Ref: 66 Objective: Define search within the context of the Fourth Amendment.

Level: Basic 15) 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 Answer: C Page Ref: 66 Objective: Define search within the context of the Fourth Amendment.

Level: Basic 16) Flashlights, drug dogs, satellite photography, and thermal imagery are all examples of: A) Surveillance equipment B) Enforcement weapons

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C) Enhancement devices D) Combat tactical Answer: C Page Ref: 68 Objective: Define search within the context of the Fourth Amendment.

Level: Basic 17) 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 Answer: A Page Ref: 70 Objective: Define seizure within the context of the Fourth Amendment.

Level: Basic 18) Which of the following occurs when a police officer⎯by means of physical force or show of authority⎯intentionally restrains an individual’s liberty in such a manner that a reasonable person would believe that they are not free to leave?

A) Seizure of property B) Seizure of a person C) Seizure D) Search Answer: B Page Ref: 70 Objective: Define seizure within the context of the Fourth Amendment.

Level: Basic 19) In which of the following scenarios can the seizure of a person occur?

A) When a police officer simply questions a person B) When a police officer is in pursuit of a person C) When they are is arrested and taken to the police station for questioning D) All of the above Answer: D Page Ref: 71 Objective: Define seizure within the context of the Fourth Amendment.

Level: Intermediate 20) One way to determine if a Fourth Amendment seizure has occurred is to ask if a reasonable person would believe that they are: A) Free to post bail B) Speak to an attorney 257 Copyright © 2024 Pearson Education, Inc.

C) Free to decline the officer’s requests D) None of the above Answer: C Page Ref: 71 Objective: Define seizure within the context of the Fourth Amendment.

Level: Intermediate 21) In which case did the Supreme Court state that a seizure has occurred if the officer’s conduct in conjunction with the questioning would convince a reasonable person that they are not free to leave?

A) Terry v. Ohio B) Dunaway v. New York C) California v. Hodari D D) Brinegar v. United States Answer: A Page Ref: 71 Objective: Define seizure within the context of the Fourth Amendment.

Level: Intermediate 22) Which of the following is necessary for the police to engage in actions that trigger the Fourth Amendment? Examples include probable cause and reasonable suspicion.

A) Justification B) Standard recognition C) Validation D) Authentication Answer: A Page Ref: 72 Objective: Distinguish between three levels of justification.

Level: Basic 23) This term refers to more than bare suspicion; it exists when “the facts and circumstances 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.”

A) Reasonable suspicion B) Justification C) Probable cause D) Administrative justification Answer: C Page Ref: 72 Objective: Distinguish between three levels of justification.

Level: Basic

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

A) Flight from the scene B) Suspicious conduct C) Incriminating evidence D) All of the above Answer: D Page Ref: 73 Objective: Distinguish between three levels of justification.

Level: Basic 25) Justification that falls below probable cause but above a hunch is referred to as: A) Reasonable suspicion B) Probable cause C) Justification D) Administrative justification Answer: A Page Ref: 76 Objective: Distinguish between three levels of justification.

Level: Basic 26) Which level of justification is required for stops and investigative detentions that fall short of arrests?

A) Reasonable suspicion B) Probable cause C) Justification D) Administrative justification Answer: A Page Ref: 81 Objective: Distinguish between three levels of justification.

Level: Basic 27) Which standard is used to support certain regulatory and special needs searches? It was 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.

A) Reasonable suspicion B) Probable cause C) Justification D) Administrative justification Answer: D Page Ref: 78 Objective: Distinguish between three levels of justification.

Level: Basic

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28) The courts have required that administrative searches be conducted according to: A) Probable cause B) Objective, standardized procedures C) Departmental standards D) Officer discretion Answer: B Page Ref: 79 Objective: Distinguish between three levels of justification.

Level: Basic 29) Which was the first Supreme Court case to recognize administrative justification?

A) Camara v. Municipal Court B) United States v. Biswell C) New York v. Burger D) Donovan v. Dewey Answer: A Page Ref: 79 Objective: Distinguish between three levels of justification.

Level: Basic 3.2 True/False Questions 1) By adopting the Fourth Amendment, the framers of the U.S. Constitution placed significant restrictions on searches conducted by government officials.

Answer: TRUE Page Ref: 59 Objective: Summarize the Fourth Amendment.

Level: Basic 2) The warrant requirement interpretation prefers that a neutral magistrate come between the officer conducting the search and the citizen targeted by the search.

Answer: TRUE Page Ref: 59 Objective: Summarize the Fourth Amendment.

Level: Intermediate 3) The Fourth Amendment additionally protects effects from unreasonable public spaces from searches and seizures.

Answer: FALSE Page Ref: 60 Objective: Summarize the Fourth Amendment.

Level: Basic

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4) The definition of person for purposes of the Fourth Amendment includes the person’s internal and external physical body but does not include oral communications made by people.

Answer: FALSE Page Ref: 60 Objective: Summarize the Fourth Amendment.

Level: Intermediate 5) A hotel room or its equivalent is considered a “house,” as it is a temporary residence that enjoys Fourth Amendment protection.

Answer: TRUE Page Ref: 60 Objective: Summarize the Fourth Amendment.

Level: Intermediate 6) If police successfully serve a search warrant, they may seize property and people as a result.

Answer: TRUE Page Ref: 61 Objective: Define search within the context of the Fourth Amendment.

Level: Intermediate 7) The Fourth Amendment is limited to conduct that is governmental in nature. Thus, when a private individual seizes evidence or otherwise conducts a search, the protections of the Fourth Amendment are not triggered.

Answer: TRUE Page Ref: 61 Objective: Define search within the context of the Fourth Amendment.

Level: Intermediate 8) When a private source is used deliberately in place of the police, Fourth Amendment protections are triggered.

Answer: TRUE Page Ref: 62 Objective: Define search within the context of the Fourth Amendment.

Level: Intermediate 9) Many government investigations are conducted by undercover agents or “false friends” posing as others. Generally, these searches are illegal.

Answer: FALSE Page Ref: 64 Objective: Define search within the context of the Fourth Amendment.

Level: Intermediate 10) Open fields do not enjoy Fourth Amendment protection, but homes and curtilage do.

Answer: TRUE Page Ref: 66

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Objective: Define search within the context of the Fourth Amendment.

Level: Intermediate 11) A piece of property is in a person’s actual possession if they are physically holding or grasping the property.

Answer: TRUE Page Ref: 70 Objective: Define seizure within the context of the Fourth Amendment.

Level: Basic 12) The seizure of a person has to be physical for the Fourth Amendment to be implicated.

Answer: FALSE Page Ref: 71 Objective: Define seizure within the context of the Fourth Amendment.

Level: Intermediate 13) A seizure can also occur by pursuit, even if the person sought by the police is never caught.

Answer: TRUE Page Ref: 71 Objective: Define seizure within the context of the Fourth Amendment.

Level: Intermediate 14) Constructive possession refers to possession of property without physical contact and is not subject to seizure of property laws.

Answer: FALSE Page Ref: 70 Objective: Define seizure within the context of the Fourth Amendment.

Level: Basic 15) An arrest is a type of seizure, but a seizure does not have to rise to the level of an arrest for the Fourth Amendment to be implicated.

Answer: TRUE Page Ref: 71 Objective: Define seizure within the context of the Fourth Amendment.

Level: Intermediate 16) Even though probable cause was formally defined in Beck v. Ohio, 379 U.S. 89 (1964), a more practical definition of probable cause is more than 50% certainty.

Answer: TRUE Page Ref: 72 Objective: Distinguish between three levels of justification.

Level: Intermediate

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17) If information supplied by an informant or by an officer’s firsthand observations later proves to be false, the courts will uphold the arrest or search, so long as the mistake was a reasonable one.

Answer: TRUE Page Ref: 74 Objective: Distinguish between three levels of justification.

Level: Intermediate 18) Reasonable suspicion is a level of justification above probable cause, and is “considerably more than proof of wrongdoing by a preponderance of evidence.”

Answer: FALSE Page Ref: 77 Objective: Distinguish between three levels of justification.

Level: Intermediate 19) An articulable fact is an event that is witnessed and can be explained, as opposed to a gut reaction or a mere hunch.

Answer: TRUE Page Ref: 77 Objective: Distinguish between three levels of justification.

Level: Basic 20) Administrative searches do not require probable cause to execute.

Answer: TRUE Page Ref: 79 Objective: Distinguish between three levels of justification.

Level: Intermediate 3.3 Fill in the Blank Questions 1) The Fourth Amendment continues to fulfill an important role in ________ government intrusions into the private lives of citizens.

Answer: Restricting Page Ref: 59 Objective: Summarize the Fourth Amendment.

Level: Basic 2) The Fourth Amendment protects persons, houses, papers, and effects from ________ searches and seizures.

Answer: Unreasonable Page Ref: 59 Objective: Summarize the Fourth Amendment.

Level: Basic

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3) ________ is broadly construed to mean any structure that a person uses as a residence (and frequently a business) on either a temporary or long-term basis.

Answer: House Page Ref: 60 Objective: Summarize the Fourth Amendment.

Level: Basic 4) A(n) ________ is an activity geared towards finding evidence to be used in a criminal prosecution.

Answer: Search Page Ref: 60 Objective: Define search within the context of the Fourth Amendment.

Level: Basic 5) The Supreme Court has also held that people’s ________ characteristics are knowingly exposed to the public and are thus outside the scope of the Fourth Amendment.

Answer: Physical Page Ref: 66 Objective: Define search within the context of the Fourth Amendment.

Level: Intermediate 6) A(n) ________ field is any unoccupied or undeveloped real property falling outside the curtilage of a home.

Answer: Open Page Ref: 67 Objective: Define search within the context of the Fourth Amendment.

Level: Basic 7) ________ possession refers to possession of property without physical contact.

Answer: Constructive Page Ref: 70 Objective: Define seizure within the context of the Fourth Amendment.

Level: Basic 8) A(n) ________ of a person occurs when a police officer—by means of physical force or show of authority—intentionally restrains an individual’s liberty in such a manner that a reasonable person would believe that they are not free to leave.

Answer: Seizure Page Ref: 70 Objective: Define seizure within the context of the Fourth Amendment.

Level: Basic

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9) Also known as cause, ________ is necessary for the police to engage in actions that trigger the Fourth Amendment. Examples include probable cause and reasonable suspicion.

Answer: Justification Page Ref: 72 Objective: Distinguish between three levels of justification.

Level: Basic 10) A(n) ________ fact is an event that is witnessed and can be explained, as opposed to a gut reaction or a mere hunch.

Answer: Articulable Page Ref: 77 Objective: Distinguish between three levels of justification.

Level: Basic 3.4 Matching Questions 3-1. Match the term listed in Column 1 to the correct definition in Column 2.

A) The first part of the Fourth Amendment: “The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated. . . “ Page Ref: 59 B) An expectation that society (through the eyes of a judge) is prepared to accept as reasonable C) Action on the part of paid government officials, usually police officers D) More than suspicion; it exists when “the facts and circumstances 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” E) This view prefers that a neutral magistrate come between the officer conducting the search and the citizen targeted by the search.

F) A warrant should be obtained whenever practical. However, if there is an emergency or other exception such as a significant risk to public safety, a warrant may not be necessary.

G) The second part of the Fourth Amendment: “. . .and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized” H) Occurs when a police officer–by means of physical force or show of authority–intentionally restrains an individual’s liberty in such a manner that a reasonable person would believe that they are not free to leave I) Occurs when “there is some meaningful interference with an individual’s possessory interest in that property” J) Justification that falls below probable cause but above a hunch

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1) Reasonableness clause Page Ref: 59 Objective: n/a Level: Intermediate 2) Warrant clause Page Ref: 59 Objective: n/a Level: Intermediate 3) Warrant requirement interpretation Page Ref: 59 Objective: n/a Level: Intermediate 4) Warrant preference view Page Ref: 59 Objective: n/a Level: Intermediate 5) Seizure of a person Page Ref: 61 Objective: n/a Level: Intermediate 6) Seizure of property Page Ref: 61 Objective: n/a Level: Intermediate 7) Reasonable expectation of privacy Page Ref: 61 Objective: n/a Level: Intermediate 8) Government action Page Ref: 61 Objective: n/a Level: Intermediate 9) Probable cause Page Ref: 76 Objective: n/a Level: Intermediate 10) Reasonable suspicion Page Ref: 76 Objective: n/a 266 Copyright © 2024 Pearson Education, Inc.

Level: Intermediate Answers: 1) A 2) G 3) E 4) F 5) H 6) I 7) B 8) C 9) D 10) J 3.5 Essay Questions 1) Discuss why the Fourth Amendment was written into the Constitution and why it has become so widely interpreted and adjudicated.

Answer: The Fourth Amendment was directly written in response to grievances early American colonists had toward the British Parliament. British officials needed no justification to obtain writs of assistance which permitted unlimited searches and no judicial supervision to limit searches. The Fourth Amendment was intended to restrict government intrusions into private lives of citizens.

Although initially only 54 words, this Amendment has been continuously interpreted and is impossible to have a final definitive understanding of the scope, reach, and language.

Page Ref: 59 Objective: Summarize the Fourth Amendment.

Level: Intermediate 2) Although the concept of private individuals becoming government agents for the purpose of the Fourth Amendment is still evolving, there are several government officials who have already been named. List those who have already been deemed a government official for the purposes of the Fourth Amendment.

Answer: Answers should include: police officers, health and safety inspectors, fire inspectors, occupational safety and health administrators, federal mine inspectors, and public school teachers.

Answer could include store detectives, security guards, and insurance inspectors if it is mentioned that these officials are said to be acting in a government capacity.

Page Ref: 62 Objective: Define search within the context of the Fourth Amendment.

Level: Intermediate 3) Explain the concept of a seizure in pursuit through the example of California v. Hodari D. (1991).

Answer: In California v. Hodari D. (1991) a police officer chased the suspect on foot. The officer did not have justification to stop or arrest the suspect. The suspect discarded an item during the chase and the officer picked it up. The item retrieved was admissible as the suspect was still in flight, however, the seizure didn’t occur until the police officer laid his hands on the suspect during the chase. Even if the suspect breaks free from the officer’s grasp, it is still considered a seizure. This is important because if the pursuit of a suspect is not a seizure, then the police may lawfully chase people without justification. If a person discards anything during the chase, the police may lawfully seize the item because the Fourth Amendment does not apply.

Page Ref: 71 Objective: Define seizure within the context of the Fourth Amendment.

Level: Intermediate 4) What are the ingredients in the recipe of probable cause?

Answer: The ingredients can include prior record, flight from scene, suspicious conduct, admissions, incriminating evidence, unusual hour, suspect resembles the perpetrator, evasive and untruthful

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responses to questions, obvious attempt to hide something, presence in a high-crime area, and or near a crime scene, furtive gestures, and knowing too much.

Page Ref: 73 Objective: Distinguish between three levels of justification.

Level: Intermediate 3.6 Critical Thinking Questions 1) Should the police be allowed to use informants in a school to detect crime? Explain why you feel this way.

Answer: Answers will vary but should focus on the Hoffa v. United States and the United States v. On Lee cases discussed on pages 65-66. Students can agree or disagree with the decisions but should defend their answers in light of the reasonable expectation of privacy standard established in Katz.

Page Ref: 64−66 Objective: Define search within the context of the Fourth Amendment.

Level: Difficult 2) The Supreme Court has “created” the standard of justification known as “reasonable suspicion” for investigatory detentions. Should it have? Why or why not?

Answer: Answers should thoroughly explain Terry v. Ohio investigatory detentions and the rationale behind them. A clear and definite position should be taken and defended on the basis of reasonable expectation of privacy.

Page Ref: 76−78 Objective: Distinguish between three levels of justification.

Level: Difficult

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Criminal Procedure, 7e (Worrall) Chapter 4 Searches and Arrests with Warrants 4.1 Multiple Choice Questions 1) Which of the following is an essential component of an arrest or search warrant?

A) It must be issued by a neutral and detached magistrate.

B) Showing of probable cause is required.

C) It must conform to the Fourth Amendment’s particularity requirement.

D) All of the above Answer: D Page Ref: 86 Objective: Outline the components of search and arrest warrants.

Level: Intermediate 2) Which officials meet the requirement of “neutral and detached”?

A) Judges B) State attorney general C) Law enforcement agents D) Prosecutors Answer: A Page Ref: 88 Objective: Outline the components of search and arrest warrants.

Level: Basic 3) Probable cause is a necessary component of a: A) Valid warrant B) Search warrant C) Arrest warrant D) Warrant Answer: A Page Ref: 88 Objective: Outline the components of search and arrest warrants.

Level: Basic 4) What must an officer show in order to obtain an arrest warrant?

A) The person may have committed the crime in question B) Evidence beyond a reasonable doubt C) Probable cause D) Preponderance of evidence Answer: A Page Ref: 88 269 Copyright © 2024 Pearson Education, Inc.

Objective: Outline the components of search and arrest warrants.

Level: Basic 5) Which of the following components of a search warrant are true?

A) The officer applying for the search warrant must show probable cause that the items to be seized are connected with criminal activity.

B) The officer must show probable cause that the items to be seized are in the location to be searched.

C) The location requirement only applies to a search warrant and not an arrest warrant.

D) All of the above Answer: D Page Ref: 89 Objective: Outline the components of search and arrest warrants.

Level: Basic 6) The Fourth Amendment requirement that an arrest warrant name the person to be arrested (or provide a sufficiently detailed description) and that a search warrant describe the place to be searched and the things to be seized is referred to as: A) Precedent B) Particularity C) Affirmation D) Procedural Answer: B Page Ref: 89 Objective: Outline the components of search and arrest warrants.

Level: Basic 7) Which of the following is an order issued by a judge directing a law enforcement officer to search a particular location for evidence connected with a specific criminal offense?

A) Arrest warrant B) Seizure warrant C) Warrant D) Search warrant Answer: D Page Ref: 86 Objective: Outline the components of search and arrest warrants.

Level: Basic 8) An order issued by a judge directing a law enforcement officer to arrest an individual identified as one who has committed a specific criminal offense is referred to as a(n): A) Arrest warrant B) Seizure warrant C) Warrant D) Search warrant 270 Copyright © 2024 Pearson Education, Inc.

Answer: A Page Ref: 86 Objective: Outline the components of search and arrest warrants.

Level: Basic 9) In which case did the courts find the search warrant to be valid if the officer’s error was reasonable?

A) Maryland v. Garrison B) Steele v. United States C) Connally v. Georgia D) Lo-Ji Sales, Inc. v. New York Answer: A Page Ref: 89 Objective: Outline the components of search and arrest warrants.

Level: Intermediate 10) If the police only have a hunch that an item is in a place to be searched, but do not include the item in the application for a warrant, the item can be seized under which doctrine?

A) Silver platter B) Plain view C) Contingency D) Seized asset Answer: B Page Ref: 90 Objective: Outline the components of search and arrest warrants.

Level: Intermediate 11) 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 Answer: A Page Ref: 90 Objective: Describe how search and arrest warrants are executed.

Level: Intermediate 12) 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 271 Copyright © 2024 Pearson Education, Inc.

Answer: B Page Ref: 91 Objective: Describe how search and arrest warrants are executed.

Level: Basic 13) 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 Answer: A Page Ref: 91 Objective: Describe how search and arrest warrants are executed.

Level: Basic 14) 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 Answer: D Page Ref: 91 Objective: Describe how search and arrest warrants are executed.

Level: Intermediate 15) 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 Answer: D Page Ref: 92 Objective: Describe how search and arrest warrants are executed.

Level: Intermediate 16) 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 272 Copyright © 2024 Pearson Education, Inc.

Answer: D Page Ref: 91 Objective: Describe how search and arrest warrants are executed.

Level: Intermediate 17) In Dunaway v. New York, the Supreme Court ruled that: A) Border detention cases must have reasonable suspicion B) Cases involving detention in a stationhouse must have probable cause C) A custodial interrogation must be supported by probable cause D) Encounters between police and citizens on the street must be recorded, brief, and nonintrusive Answer: C Page Ref: 92 Objective: Describe how search and arrest warrants are executed.

Level: Intermediate 18) Which of the following refers to force that is likely to cause death or serious bodily harm?

A) Deadly force B) Tactical moves C) Strategic force D) Deliberate strike Answer: A Page Ref: 98 Objective: Describe how search and arrest warrants are executed.

Level: Basic 19) In which case did the Supreme Court rule that deadly force may be used when 1. it is 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?

A) Davis v. Mississippi B) Graham v. Connor C) Tennessee v. Garner D) Carroll v. United States Answer: C Page Ref: 98 Objective: Describe how search and arrest warrants are executed.

Level: Intermediate 20) Which of the following is/are restrictions imposed on the police regarding the timing of search warrants?

A) The service of a search warrant should take place promptly after its issuance.

B) Judges commonly restrict the service of warrants to the daytime hours.

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C) Once the item in the warrant has been discovered, the search must be terminated.

D) All the above Answer: D Page Ref: 101-102 Objective: Describe how search and arrest warrants are executed.

Level: Intermediate 21) The methods used to spy on criminal suspects, such as wiretapping, video surveillance, thermal imagers, and “gun detectors,” are referred to as: A) Electronic surveillance B) Investigative techniques C) Entrapment procedures D) Exploratory measures Answer: A Page Ref: 106 Objective: Explain how bodily intrusions and electronic surveillance create “special circumstances” for Fourth Amendment purposes.

Level: Basic 22) In which case did the Supreme Court consider a statute that permitted eavesdropping orders to be issued by magistrates if the police showed reasonable grounds that evidence of a crime would be discovered?

A) Katz v. United States B) Berger v. New York C) United States v. Leon D) United States v. Giordano Answer: B Page Ref: 107 Objective: Explain how bodily intrusions and electronic surveillance create “special circumstances” for Fourth Amendment purposes.

Level: Intermediate 23) Title III of the Omnibus Crime Control and Safe Streets Act is federal legislation enacted in 1968 that set forth detailed guidelines on how authorities could intercept: A) Wire communications B) Oral communications C) Electronic communications D) All of the above Answer: D Page Ref: 108 Objective: Explain how bodily intrusions and electronic surveillance create “special circumstances” for Fourth Amendment purposes.

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24) Title III of the Omnibus Crime Control and Safe Streets Act and the Electronic 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: A) Probable cause B) Reasonable suspicion C) A preponderance of evidence D) A valid search warrant Answer: D Page Ref: 108 Objective: Explain how bodily intrusions and electronic surveillance create “special circumstances” for Fourth Amendment purposes.

Level: Intermediate 25) Which of the following statutes has restricted or continues to restrict electronic surveillance?

A) Title III of the Omnibus Crime Control and Safe Streets Act of 1968 B) Electronic Communications Privacy Act C) 1986 amendments to Title III D) All of the above Answer: D Page Ref: 108 Objective: Explain how bodily intrusions and electronic surveillance create “special circumstances” for Fourth Amendment purposes.

Level: Basic 26) Which type of warrant permits interception of electronic communications?

A) Section 1983 B) Title III C) Title IX D) Section 242 Answer: B Page Ref: 108 Objective: Explain how bodily intrusions and electronic surveillance create “special circumstances” for Fourth Amendment purposes.

Level: Intermediate 27) Title III restricts the “interception” of: A) Oral communications in private places B) Oral communications in public places C) Material posted on unrestricted websites D) Discussions in online chat rooms Answer: A Page Ref: 108

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Objective: Explain how bodily intrusions and electronic surveillance create “special circumstances” for Fourth Amendment purposes.

Level: Intermediate 28) For a Title III warrant to be issued, the warrant application must do which of the following?

A) Identify the officer filing for the warrant B) Contain a full and complete statement of the facts and circumstances relied upon by the applicant C) Contain a particular description of the nature and location of the facilities from which the communications will be intercepted D) All of the above Answer: D Page Ref: 108 Objective: Explain how bodily intrusions and electronic surveillance create “special circumstances” for Fourth Amendment purposes.

Level: Intermediate 29) The Foreign Intelligence Surveillance Act (FISA) regulates the surveillance of which of the following?

A) All foreign visitors to the United States B) United States embassies in foreign countries C) “Foreign powers” or “agents of foreign powers” D) United States citizens Answer: C Page Ref: 109 Objective: Explain how bodily intrusions and electronic surveillance create “special circumstances” for Fourth Amendment purposes.

Level: Basic 30) Before a warrant is issued by the Foreign Intelligence Surveillance Court, the court must find probable cause that: A) The target of the surveillance is a foreign power or an agent of a foreign power B) Each of the facilities or places at which the electronic surveillance is directed is being used, or is about to be used, by a domestic power C) A particular description of the nature and location of the facilities from which or the place where the communication is to be intercepted D) All of the above Answer: A Page Ref: 109 Objective: Explain how bodily intrusions and electronic surveillance create “special circumstances” for Fourth Amendment purposes.

Level: Intermediate

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4.2 True/False Questions 1) Generally, a search warrant is required for any type of search, regardless of where it is conducted, provided that 1. there are no exigent (emergency) circumstances, and 2. the search is not justified on administrative/special needs grounds.

Answer: TRUE Page Ref: 86 Objective: Outline the components of search and arrest warrants.

Level: Intermediate 2) The meaning of probable cause differs depending on whether an arrest or a search warrant is issued.

Answer: TRUE Page Ref: 88 Objective: Outline the components of search and arrest warrants.

Level: Basic 3) It is very difficult for an officer to show probable cause for the issuance of an arrest warrant.

Answer: FALSE Page Ref: 88 Objective: Outline the components of search and arrest warrants.

Level: Basic 4) The Fourth Amendment expressly states that warrants particularly describe the “place to be searched, and the persons or things to be seized.” In some situations, however, the suspect’s name is not known.

Then, a specific description of the suspect is sufficient and a “John Doe” warrant will be issued.

Answer: TRUE Page Ref: 89 Objective: Outline the components of search and arrest warrants.

Level: Intermediate 5) Search warrants must state with absolute precision the place to be searched or any evidence found outside the warrant will be found inadmissible in court.

Answer: FALSE Page Ref: 89 Objective: Outline the components of search and arrest warrants.

Level: Intermediate 6) If the police only have a hunch that an item is in a place to be searched, but do not include the item in the application for a warrant, the item can be seized under the doctrine of “plain view,” as long as the police are legally authorized (by obtaining a warrant) to be on the premises.

Answer: TRUE Page Ref: 90

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Objective: Outline the components of search and arrest warrants.

Level: Intermediate 7) A search warrant must clearly specify the objects to be seized to prevent general seizures of property.

Answer: TRUE Page Ref: 89 Objective: Outline the components of search and arrest warrants.

Level: Basic 8) The remedy for an illegal arrest is simply a release from custody.

Answer: TRUE Page Ref: 90 Objective: Describe how search and arrest warrants are executed.

Level: Basic 9) An arrest occurs at the point when an officer restricts an individual’s movement.

Answer: FALSE Page Ref: 91 Objective: Describe how search and arrest warrants are executed.

Level: Intermediate 10) If a person is confronted by a single police officer and asked general questions about their suspected involvement in a crime, an arrest has occurred.

Answer: FALSE Page Ref: 91 Objective: Describe how search and arrest warrants are executed.

Level: Intermediate 11) The law also generally requires that police officers announce their presence and state their authority (such as, “Police officers! Search warrant!”) when executing an arrest warrant.

Answer: TRUE Page Ref: 96 Objective: Describe how search and arrest warrants are executed.

Level: Basic 12) If the police have difficulty finding an item listed in a search warrant, they can take as long as necessary to find it and are able to leave and come back as many times as they need without the need of a new search warrant.

Answer: FALSE Page Ref: 101 Objective: Describe how search and arrest warrants are executed.

Level: Intermediate

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13) A search warrant allows law enforcement to search anywhere for the items listed on the warrant, regardless of where they may be found.

Answer: FALSE Page Ref: 102 Objective: Describe how search and arrest warrants are executed.

Level: Intermediate 14) After a search warrant has been served, the police are required to inventory the items that were seized and a copy is given to the person whose premises is searched.

Answer: TRUE Page Ref: 104 Objective: Describe how search and arrest warrants are executed.

Level: Basic 15) Early legislative requirements in the area of electronic surveillance began with Title III of the Omnibus Crime Control and Safe Streets Act of 1968.

Answer: TRUE Page Ref: 108 Objective: Explain how bodily intrusions and electronic surveillance create “special circumstances” for Fourth Amendment purposes.

Level: Basic 16) The Title III of the Omnibus Crime Control and Safe Streets Act and Electronic Communications Privacy Act govern law enforcement electronic surveillance the federal level only.

Answer: FALSE Page Ref: 108 Objective: Explain how bodily intrusions and electronic surveillance create “special circumstances” for Fourth Amendment purposes.

Level: Intermediate 17) Communications among government employees and communications between private parties and the general public are not protected.

Answer: TRUE Page Ref: 108 Objective: Explain how bodily intrusions and electronic surveillance create “special circumstances” for Fourth Amendment purposes.

Level: Intermediate 18) Communications that are consensual in nature—such as between a suspect and a government informant—also fall under the protection of Title III or its amendments.

Answer: FALSE Page Ref: 108 Objective: Explain how bodily intrusions and electronic surveillance create “special circumstances” for Fourth Amendment purposes.

Level: Intermediate

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19) An individual’s posts to the Web are protected under Title III. Answer: FALSE Page Ref: 108 Objective: Explain how bodily intrusions and electronic surveillance create “special circumstances” for Fourth Amendment purposes.

Level: Intermediate 20) FISA also created the secretive Foreign Intelligence Surveillance Court, which hears requests for surveillance warrants.

Answer: TRUE Page Ref: 109 Objective: Explain how bodily intrusions and electronic surveillance create “special circumstances” for Fourth Amendment purposes.

Level: Basic 4.3 Fill in the Blank Questions 1) Most ________ meet the requirement of “neutral and detached.”

Answer: Judges Page Ref: 88 Objective: Outline the components of search and arrest warrants.

Level: Basic 2) The Fourth Amendment requirement that an arrest warrant name the person to be arrested (or provide a sufficiently detailed description) and that a search warrant describe the place to be searched and the things to be seized is referred to as ________.

Answer: Particularity Page Ref: 89 Objective: Outline the components of search and arrest warrants.

Level: Basic 3) An order issued by a judge directing a law enforcement officer to arrest an individual identified as one who has committed a specific criminal offense is referred to as an arrest ________.

Answer: Warrant Page Ref: 86 Objective: Outline the components of search and arrest warrants.

Level: Basic 4) The Court ruled that ________ force may be used when 1. it is 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.

Answer: Deadly Page Ref: 98 Objective: Describe how search and arrest warrants are executed.

Level: Basic

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5) A(n) ________ is 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).

Answer: Arrest Page Ref: 91 Objective: Describe how search and arrest warrants are executed.

Level: Basic 6) 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.

Answer: Stop Page Ref: 91 Objective: Describe how search and arrest warrants are executed.

Level: Basic 7) When a suspect is handcuffed, placed in the back of a patrol car, and driven to the police station for booking, a(n) ________ has clearly occurred.

Answer: Arrest Page Ref: 91 Objective: Describe how search and arrest warrants are executed.

Level: Basic 8) The term ________ surveillance includes a variety of methods for spying on the activities of suspected criminals, including both conversations and suspected criminal actions.

Answer: Electronic Page Ref: 106 Objective: Explain how bodily intrusions and electronic surveillance create “special circumstances” for Fourth Amendment purposes.

Level: Basic 9) Title III restricts the ________ of “wire, oral or electronic communications,” unless such interception is authorized by statute.

Answer: Interception Page Ref: 108 Objective: Explain how bodily intrusions and electronic surveillance create “special circumstances” for Fourth Amendment purposes.

Level: Intermediate 10) The Foreign Intelligence Surveillance Act (FISA), passed in 1978, regulates electronic surveillance as it pertains to ________ intelligence-gathering.

Answer: Foreign Page Ref: 109 Objective: Explain how bodily intrusions and electronic surveillance create “special circumstances” for Fourth Amendment purposes.

Level: Basic

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4.4 Matching Questions 4-1. Match the term listed in Column 1 to the correct definition in Column 2.

A) A brief nonconsensual encounter between a law enforcement officer and a citizen that does not rise to the level of an arrest, the detention of a person by a law enforcement officer for the purpose of investigation B) One of the three elements of a valid warrant, any judge who does not have a conflict of interest or pecuniary interest in the outcome of a particular case or decision C) 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) D) An order issued by a judge directing a law enforcement officer to arrest an individual identified as one who has committed a specific criminal offense E) Force that is unlikely to cause death or serious bodily harm F) An order issued by a judge directing a law enforcement officer to search a particular location for evidence connected with a specific criminal offense G) The Fourth Amendment requirement that an arrest warrant name the person to be arrested (or provide a sufficiently detailed description) and that a search warrant describe the place to be searched and the things to be seized H) A consensual encounter I) Federal legislation enacted in 1968 that set forth detailed guidelines on how authorities could intercept wire, oral, or electronic communications J) Federal legislation enacted in 1986 that amended Title III of the Omnibus Crime Control and Safe Streets Act to include “electronic communications” 1) Stops Page Ref: 91 Objective: Outline the components of search and arrest warrants.

Level: Basic 2) Particularity Page Ref: n/a Objective: Outline the components of search and arrest warrants.

Level: Basic 3) Arrests Page Ref: 91 Objective: Outline the components of search and arrest warrants.

Level: Basic 4) Search warrant Page Ref: 86 Objective: Outline the components of search and arrest warrants.

Level: Basic

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5) Nondeadly force Page Ref: 99 Objective: Outline the components of search and arrest warrants.

Level: Basic 6) Arrest warrant Page Ref: 86 Objective: Outline the components of search and arrest warrants.

Level: Basic 7) Nonstop Page Ref: 93 Objective: Outline the components of search and arrest warrants.

Level: Basic 8) Neutral and detached magistrate Page Ref: 88 Objective: Outline the components of search and arrest warrants.

Level: Basic 9) Title III of the Omnibus Crime Control and Safe Streets Act Page Ref: 108 Objective: Outline the components of search and arrest warrants.

Level: Basic 10) Electronic Communications Privacy Act Page Ref: 108 Objective: Outline the components of search and arrest warrants.

Level: Basic Answers: 1) A 2) G 3) C 4) F 5) E 6) D 7) H 8) B 9) I 10) J 4.5 Essay Questions 1) What is an arrest and how does it differ from an investigatory stop?

Answer: Good answers should define arrest and investigatory stops. The history of the arrest definition should be traced from the former definition of an arrest being simple restrictions on a person’s movement to the current definition of something beyond brief investigatory detentions. (“The Court [in Terry v. Ohio] distinguished between arrests that “eventuate in a trip to the stationhouse and prosecution for crime” and lesser intrusions that can occur “whenever a police officer accosts an individual and restrains his freedom to walk away,” p. 91.) To determine if an arrest has been made or a lesser type of intrusion, the courts will weigh 1. the duration of a stop and 2. the degree of the intrusion in assessing whether a stop evolved into an arrest.” A stop can turn into an arrest.

Page Ref: 91-94 Objective: Outline the components of search and arrest warrants.

Level: Intermediate

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2) Identify and discuss the permissible level of force to effect an arrest.

Answer: Good answers will discuss the use of necessary force to gain suspect compliance during an arrest. The use of nondeadly force (Graham v. Connor) and deadly force (Tennessee v. Garner) should be thoroughly discussed. Students should identify know under what circumstances deadly force is allowed (when the crime in question is a felony and when such force “creates no substantial risk to innocent persons,” and the officer reasonably believes that there is a substantial risk that the fleeing felon will inflict harm on other people or police officers) and the general rules applying to the use of force (test of objective reasonableness to decide when excessive force is used. This requires focusing on what a reasonable police officer would do “without regard to [the officer’s] underlying intent or motivation”).

Page Ref: 98-99 Objective: Describe how search and arrest warrants are executed.

Level: Intermediate 3) What are the main statutes regulating electronic surveillance?

Answer: Answers should include discussion about Title III, the Electronic Communications Privacy Act, and Title III Warrants. These acts protect communications among private parties and restrict interception unless it is authorized by statute. These acts also address the storage and processing of this information. Obtaining warrants for electronic surveillance go beyond the requirements for obtaining a typical warrant.

Page Ref: 106-109 Objective: Explain how bodily intrusions and electronic surveillance create “special circumstances” for Fourth Amendment purposes.

Level: Intermediate 4.6 Critical Thinking Questions 1) There is no bright line drawn identifying when a non-stop (voluntary questioning) becomes an investigatory detention. Should the police be required to notify persons that they are free to leave (or not) before any questioning?

Answer: Good answers will discuss the Terry v. Ohio case and its progeny. Currently there is no requirement that police tell persons whether they are free to leave or are being detained. Students should take a position and support it with sound argument and reasoning. For example, the basic premise of privacy and freedom guaranteed in the Fourth Amendment could support an argument that a bright-line notice rule be adopted requiring police to notify person under all circumstances whether they are free to leave. A discussion on the need for police to not only catch the guilty but exonerate the innocent could support the existing law.

Page Ref: 91-94 Objective: Outline the components of search and arrest warrants.

Level: Difficult 2) Should wiretap or communication interception laws be relaxed in light of the September 11, 2001 attacks on the United States?

Answer: Good answers should describe the various existing laws and their purpose of ensuring privacy, including Title III and the Electronic Communications Privacy Act, Foreign Intelligence Surveillance Act (FISA), PATRIOT Act. Students should then take a position on whether the existing laws are too lenient, too strict, or strike the right balance on police actions. Answers

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should relate to existing case law and the purpose of the Fourth Amendment’s search and seizure provisions.

Page Ref: 106-109 Objective: Explain how bodily intrusions and electronic surveillance create “special circumstances” for Fourth Amendment purposes.

Level: Difficult

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Criminal Procedure, 7e (Worrall) Chapter 5 Searches and Arrests without Warrants 5.1 Multiple Choice Questions 1) This exception recognizes that, when arresting a suspect, police officers must be permitted to search the person and the immediate area in order to protect the officers from harm and to prevent the destruction of evidence.

A) Searches incident to arrest B) Searches conducted under exigent circumstances C) Searches involving automobiles D) Searches based on the “plain view” doctrine Answer: A Page Ref: 115 Objective: Summarize the issues involved in warrantless searches including searches incident to arrest, hot pursuit, automobile searches and plain view searches.

Level: Basic 2) In this case, the Supreme Court held that the full search of the house was unreasonable, but a search of the arrestee was permitted “to remove any weapons that the [arrestee] might seek to use in order to resist arrest or effect his escape” and to “seize any evidence on the arrestee’s person in order to prevent its concealment or destruction.”

A) Knowles v. Iowa B) Chimel v. California C) Sibron v. New York D) Rawlings v. Kentucky Answer: B Page Ref: 115 Objective: Summarize the issues involved in warrantless searches including searches incident to arrest, hot pursuit, automobile searches and plain view searches.

Level: Intermediate 3) Probable cause to arrest must precede the warrantless searches: A) To restrict officers from engaging in “fishing expeditions” B) To make the search valid C) Or the search will be invalid D) None of the above Answer: A Page Ref: 116 Objective: Summarize the issues involved in warrantless searches including searches incident to arrest, hot pursuit, automobile searches and plain view searches.

Level: Basic

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4) Which of the following is part of the search incident to arrest exception to the Fourth Amendment’s warrant requirement that allows officers to search not only the suspect incident to arrest, but also their “grabbing area”?

A) Consent search B) Seizure C) Search of a person D) Armspan rule Answer: D Page Ref: 117 Objective: Summarize the issues involved in warrantless searches including searches incident to arrest, hot pursuit, automobile searches and plain view searches.

Level: Basic 5) Restrictions on searches incident to arrest include which of the following?

A) The arrest itself must be lawful.

B) The nature or seriousness of the offense.

C) The arrest must result in a person being taken into custody.

D) All of the above Answer: D Page Ref: 115 Objective: Summarize the issues involved in warrantless searches including searches incident to arrest, hot pursuit, automobile searches and plain view searches.

Level: Intermediate 6) In which case did the Supreme Court expand the scope of the incident search?

A) Maryland v. Buie B) Washington v. Chrisman C) Segura v. United States D) Arizona v. Gant Answer: A Page Ref: 117 Objective: Summarize the issues involved in warrantless searches including searches incident to arrest, hot pursuit, automobile searches and plain view searches.

Level: Intermediate 7) A cursory visual inspection of those places in which a person might be hiding is referred to as a: A) Content search B) Protective sweep C) Pat-down D) Cursory search Answer: B Page Ref: 117 287 Copyright © 2024 Pearson Education, Inc.

Objective: Summarize the issues involved in warrantless searches including searches incident to arrest, hot pursuit, automobile searches and plain view searches.

Level: Basic 8) 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 Answer: D Page Ref: 119 Objective: Summarize the issues involved in warrantless searches including searches incident to arrest, hot pursuit, automobile searches and plain view searches.

Level: Basic 9) Evanescent evidence refers to evidence that is likely to: A) Be hidden B) Spoil C) Disappear D) Be transferred to another location Answer: C Page Ref: 122 Objective: Summarize the issues involved in warrantless searches including searches incident to arrest, hot pursuit, automobile searches and plain view searches.

Level: Basic 10) In situations where the hot pursuit exception does not apply and search incident to arrest exceptions do not apply, 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 Answer: D Page Ref: 124 Objective: Summarize the issues involved in warrantless searches including searches incident to arrest, hot pursuit, automobile searches and plain view searches.

Level: Intermediate 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 288 Copyright © 2024 Pearson Education, Inc.

Answer: C Page Ref: 120 Objective: Summarize the issues involved in warrantless searches including searches incident to arrest, hot pursuit, automobile searches and plain view searches.

Level: Basic 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 Answer: A Page Ref: 125 Objective: Summarize the special issues involved in automobile searches.

Level: Basic 13) The term “automobile” includes which of the following?

A) Airplanes B) Boats C) Cars D) All of the above Answer: D Page Ref: 126 Objective: Summarize the issues involved in warrantless searches including searches incident to arrest, hot pursuit, automobile searches and plain view searches.

Level: Basic 14) 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 Answer: C Page Ref: 133 Objective: Summarize the issues involved in warrantless searches including searches incident to arrest, hot pursuit, automobile searches and plain view searches.

Level: Intermediate 15) Title VI of the Civil Rights Act of 1964 requires a showing of: A) Disparate effect B) Disparate impact C) Discouraging impact D) Dishonest effect 289 Copyright © 2024 Pearson Education, Inc.

Answer: B Page Ref: 133 Objective: Summarize the issues involved in warrantless searches including searches incident to arrest, hot pursuit, automobile searches and plain view searches.

Level: Intermediate 16) The plain view doctrine first emerged from the Supreme Court’s decision in which case?

A) Whren v. United States B) Yick Wo v. Hopkins C) State v. Carty D) Coolidge v. New Hampshire Answer: D Page Ref: 134 Objective: Summarize the issues involved in warrantless searches including searches incident to arrest, hot pursuit, automobile searches and plain view searches.

Level: Basic 17) A plain view seizure is authorized when: A) The police are lawfully in the area where the evidence is located B) The items are immediately apparent as subject to seizure C) The discovery of the items to be seized is inadvertent D) All of the above Answer: D Page Ref: 134 Objective: Summarize the issues involved in warrantless searches including searches incident to arrest, hot pursuit, automobile searches and plain view searches.

Level: Intermediate 18) For an item to be lawfully seized under the plain view doctrine, it must be “immediately apparent” to the officer that the item is subject to seizure. This means that the officer must: A) Be absolutely certain the item is contraband B) Be reasonably certain that the item is contraband C) Have probable cause that the item is contraband D) Have a hunch that the item is contraband Answer: C Page Ref: 135 Objective: Summarize the issues involved in warrantless searches including searches incident to arrest, hot pursuit, automobile searches and plain view searches.

Level: Intermediate 19) In which case did the Supreme Court create the “immediately apparent” requirement for a valid plain view seizure?

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C) Minnesota v. Dickerson D) Coolidge v. New Hampshire Answer: A Page Ref: 135 Objective: Summarize the issues involved in warrantless searches including searches incident to arrest, hot pursuit, automobile searches and plain view searches.

Level: Basic 20) Which of the following requires that a plain view seizure be based, in part, on probable cause that the item can be seized?

A) Inadvertency B) Immediately apparent C) Valid plain view D) Lawful access Answer: B Page Ref: 135 Objective: Summarize the issues involved in warrantless searches including searches incident to arrest, hot pursuit, automobile searches and plain view searches.

Level: Intermediate 21) Which Supreme Court case upheld the common-law rule that arrests made in public do not need to be predicated on a warrant?

A) United States v. Watson B) United States v. Santana C) Devenpeck v. Alford D) Atwater v. City of Lago Vista Answer: A Page Ref: 138 Objective: Describe the situations in which warrantless arrests may be made.

Level: Basic 22) Outside of exigent circumstances, when may officers make warrantless arrests?

A) In public spaces at any time B) In private spaces with probable cause C) In public spaces with probable cause D) None of the above Answer: C Page Ref: 138 Objective: Describe the situations in which warrantless arrests may be made.

Level: Intermediate

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23) What key case declared that the Fourth Amendment does not forbid a warrantless arrest for a minor criminal offense, such as a misdemeanor seatbelt violation punishable only by a fine?

A) United States v. Santana B) Devenpeck v. Alford C) Atwater v. City of Lago Vista D) Virginia v. Moore Answer: C Page Ref: 138 Objective: Describe the situations in which warrantless arrests may be made.

Level: Basic 24) What type of offense committed in the presence of an officer, allows for an arrest without a warrant?

A) Only misdemeanor offenses B) Only felony offenses C) Any type of offense D) Only civil infractions Answer: C Page Ref: 138 Objective: Describe the situations in which warrantless arrests may be made.

Level: Basic 5.2 True/False Questions 1) The most basic requirement concerning searches incident to arrest–and one that is often overlooked– is that the arrest itself must be lawful.

Answer: TRUE Page Ref: 115 Objective: Summarize the issues involved in warrantless searches including searches incident to arrest, hot pursuit, automobile searches and plain view searches.

Level: Intermediate 2) Any arrest justifies a warrantless search incident to that arrest.

Answer: TRUE Page Ref: 115 Objective: Summarize the issues involved in warrantless searches including searches incident to arrest, hot pursuit, automobile searches and plain view searches.

Level: Basic 3) Chimel v. California found that the full search of the house was unreasonable, but a search of the arrestee was permitted “to remove any weapons that the [arrestee] might seek to use in order to resist arrest or effect his escape.”

Answer: TRUE Page Ref: 115

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Objective: Summarize the issues involved in warrantless searches including searches incident to arrest, hot pursuit, automobile searches and plain view searches.

Level: Basic 4) In Maryland v. Buie, the Supreme Court expanded the scope of the incident search to look in areas immediately adjoining the place of arrest for other persons who might attack the officers.

Answer: TRUE Page Ref: 117 Objective: Summarize the issues involved in warrantless searches including searches incident to arrest, hot pursuit, automobile searches and plain view searches.

Level: Basic 5) A warrantless search may occur before or after an arrest to be valid.

Answer: FALSE Page Ref: 116 Objective: Summarize the issues involved in warrantless searches including searches incident to arrest, hot pursuit, automobile searches and plain view searches.

Level: Intermediate 6) A warrantless search of a house following a lawful arrest may be conducted if the police believe another person is in the house and could potentially destroy evidence.

Answer: FALSE Page Ref: 118 Objective: Summarize the issues involved in warrantless searches including searches incident to arrest, hot pursuit, automobile searches and plain view searches.

Level: Intermediate 7) The Supreme Court upheld that the seriousness of the crime does influence searches incident to arrest and found that a pat-down of the suspect’s outer clothing was not permissible following an arrest for driving with a revoked license.

Answer: FALSE Page Ref: 115 Objective: Summarize the issues involved in warrantless searches including searches incident to arrest, hot pursuit, automobile searches and plain view searches.

Level: Intermediate 8) Hot pursuit is always justified when the suspect may escape or inflict harm on police officers or others.

Answer: TRUE Page Ref: 120 Objective: Summarize the issues involved in warrantless searches including searches incident to arrest, hot pursuit, automobile searches and plain view searches.

Level: Intermediate

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9) In the case Missouri v. McNeely, the Supreme Court ruled that the natural dissipation of alcohol in a person’s bloodstream necessitates an exigency justifying a warrantless search.

Answer: FALSE Page Ref: 122 Objective: Summarize the issues involved in warrantless searches including searches incident to arrest, hot pursuit, automobile searches and plain view searches.

Level: Intermediate 10) The police may begin a hot pursuit as long as it is from a lawful starting point and not from someone’s private property.

Answer: TRUE Page Ref: 121 Objective: Summarize the issues involved in warrantless searches including searches incident to arrest, hot pursuit, automobile searches and plain view searches.

Level: Intermediate 11) One argument for a warrant exception of automobiles is the inherent mobility of vehicles, making it impractical to obtain warrants.

Answer: TRUE Page Ref: 125 Objective: Summarize the issues involved in warrantless searches including searches incident to arrest, hot pursuit, automobile searches and plain view searches.

Level: Intermediate 12) Because vehicles are typically operated in public spaces, the Court has held that people have more of an expectation of privacy.

Answer: FALSE Page Ref: 125 Objective: Summarize the issues involved in warrantless searches including searches incident to arrest, hot pursuit, automobile searches and plain view searches.

Level: Intermediate 13) Automobile searches can lawfully occur without a warrant and without probable cause.

Answer: FALSE Page Ref: 126 Objective: Summarize the issues involved in warrantless searches including searches incident to arrest, hot pursuit, automobile searches and plain view searches.

Level: Intermediate 14) Planes are considered automobiles for Fourth Amendment warrantless search purposes.

Answer: TRUE Page Ref: 126 Objective: Summarize the issues involved in warrantless searches including searches incident to arrest, hot pursuit, automobile searches and plain view searches.

Level: Basic

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15) In United States v. Lee, the Supreme Court created the automobile exception to the Fourth Amendment.

Answer: FALSE Page Ref: 125 Objective: Summarize the issues involved in warrantless searches including searches incident to arrest, hot pursuit, automobile searches and plain view searches.

Level: Basic 16) The police no longer must have lawful access to an object in order to seize it under the plain view exception to the Fourth Amendment’s warrant requirement.

Answer: FALSE Page Ref: 134 Objective: Summarize the issues involved in warrantless searches including searches incident to arrest, hot pursuit, automobile searches and plain view searches.

Level: Basic 17) The Supreme Court case Coolidge v. New Hampshire declared that “inadvertency” is not a requirement for a valid plain view seizure.

Answer: FALSE Page Ref: 134 Objective: Summarize the issues involved in warrantless searches including searches incident to arrest, hot pursuit, automobile searches and plain view searches.

Level: Intermediate 18) Inadvertency is a requirement for a valid plain view seizure.

Answer: FALSE Page Ref: 134 Objective: Summarize the issues involved in warrantless searches including searches incident to arrest, hot pursuit, automobile searches and plain view searches.

Level: Intermediate 19) Because of cases such as Atwater v. City of Lago Vista and Virginia v. Moore we will begin to see dramatic changes to felony criminal offenses.

Answer: FALSE Page Ref: 138 Objective: Describe the situations in which warrantless arrests may be made.

Level: Intermediate 20) Unlike arrests made in a home (or in a third-party residence), arrests made in public do not require warrants.

Answer: TRUE Page Ref: 138 Objective: Describe the situations in which warrantless arrests may be made.

Level: Basic

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5.3 Fill in the Blank Questions 1) The four types of ________ searches are 1. searches incident to an arrest, 2. searches conducted under exigent circumstances, 3. searches involving automobiles, and 4. searches based on the “plain view” doctrine.

Answer: Warrantless Page Ref: 115 Objective: Summarize the issues involved in warrantless searches including searches incident to arrest, hot pursuit, automobile searches and plain view searches.

Level: Basic 2) Timing of a search incident to arrest is important. In particular, probable cause to arrest must ________ the warrantless search.

Answer: Precede Page Ref: 116 Objective: Summarize the issues involved in warrantless searches including searches incident to arrest, hot pursuit, automobile searches and plain view searches.

Level: Intermediate 3) The ________ rule states that a search would be limited to the area within the immediate control of the person arrested, within which he might have obtained either a weapon or something that could have been used as evidence against them.

Answer: Armspan Page Ref: 117 Objective: Summarize the issues involved in warrantless searches including searches incident to arrest, hot pursuit, automobile searches and plain view searches.

Level: Basic 4) A law enforcement officer must have ________ suspicion in order to engage in a protective sweep.

Answer: Reasonable Page Ref: 118 Objective: Summarize the issues involved in warrantless searches including searches incident to arrest, hot pursuit, automobile searches and plain view searches.

Level: Intermediate 5) In some situations, warrantless searches may be permitted securing ________ evidence, or evidence that may rapidly vanish or disappear.

Answer: Evanescent Page Ref: 122 Objective: Summarize the issues involved in warrantless searches including searches incident to arrest, hot pursuit, automobile searches and plain view searches.

Level: Basic

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6) One of the most common examples of vanishing or disappearing evidence inside a person is ________ in the blood.

Answer: Alcohol Page Ref: 122 Objective: Summarize the issues involved in warrantless searches including searches incident to arrest, hot pursuit, automobile searches and plain view searches.

Level: Basic 7) Because vehicles are typically operated in public spaces, the Court has held that people have a(n) ________ expectation of privacy.

Answer: Lesser Page Ref: 125 Objective: Summarize the issues involved in warrantless searches including searches incident to arrest, hot pursuit, automobile searches and plain view searches.

Level: Intermediate 8) For the plain view doctrine to apply, the police must have ________ access to the object to be seized.

Answer: Lawful Page Ref: 134 Objective: Summarize the issues involved in warrantless searches including searches incident to arrest, hot pursuit, automobile searches and plain view searches.

Level: Basic 9) ________ impact is a method of acting that treats one group in a markedly different fashion than another.

Answer: Disparate Page Ref: 133 Objective: Summarize the issues involved in warrantless searches including searches incident to arrest, hot pursuit, automobile searches and plain view searches.

Level: Basic 10) When ________ circumstances are present, the police do not need to abide by the Fourth Amendment’s warrant requirement.

Answer: Exigent Page Ref: 137 Objective: Describe the situations in which warrantless arrests may be made.

Level: Intermediate 5.4 Matching Questions 5-1. Match the term listed in Column 1 to the correct definition in Column 2.

A) A method of acting that treats one group in a markedly different fashion than another B) An exception to the Fourth Amendment’s warrant requirement that permits police to search a vehicle without a warrant, so long as they have probable cause to do so C) A cursory visual inspection of those places in which a person might be hiding

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D) Emergency circumstances, including hot pursuit, the possibility of escape, or evanescent evidence E) An exception to the Fourth Amendment’s warrant requirement that permits police to seize certain items in plain view F) One of the requirements for a proper plain view seizure. The police must have lawful access to the item seized.

G) Evidence that is likely to disappear. An example is alcohol in a person’s bloodstream.

H) The practice of stopping people based on race rather than legitimate criteria I) Part of the search incident to arrest exception to the Fourth Amendment’s warrant requirement that allows officers to search not only the suspect incident to arrest, but also their “grabbing area” J) When the police have probable cause to believe 1. that the person they are pursuing has committed a serious offense, 2. that the person will be found on the premises the police seek to enter, and 3. that the suspect will escape or harm someone or that evidence will be lost or destroyed 1) Plain view doctrine Page Ref: 135 Objective: Summarize the issues involved in warrantless searches including searches incident to arrest, hot pursuit, automobile searches and plain view searches.

Level: Basic 2) Lawful access Page Ref: 135 Objective: Summarize the issues involved in warrantless searches including searches incident to arrest, hot pursuit, automobile searches and plain view searches.

Level: Basic 3) Disparate impact Page Ref: 134 Objective: Summarize the issues involved in warrantless searches including searches incident to arrest, hot pursuit, automobile searches and plain view searches.

Level: Basic 4) Racial profiling Page Ref: 131 Objective: Summarize the issues involved in warrantless searches including searches incident to arrest, hot pursuit, automobile searches and plain view searches.

Level: Basic 5) Evanescent evidence Page Ref: 122 Objective: Summarize the issues involved in warrantless searches including searches incident to arrest, hot pursuit, automobile searches and plain view searches.

Level: Basic

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6) Hot pursuit Page Ref: 120 Objective: Summarize the issues involved in warrantless searches including searches incident to arrest, hot pursuit, automobile searches and plain view searches.

Level: Basic 7) Automobile exception Page Ref: 125 Objective: Summarize the issues involved in warrantless searches including searches incident to arrest, hot pursuit, automobile searches and plain view searches.

Level: Basic 8) Protective sweep Page Ref: 117 Objective: Summarize the issues involved in warrantless searches including searches incident to arrest, hot pursuit, automobile searches and plain view searches.

Level: Basic 9) Exigent circumstances Page Ref: 119 Objective: Summarize the issues involved in warrantless searches including searches incident to arrest, hot pursuit, automobile searches and plain view searches.

Level: Basic 10) Armspan rule Page Ref: 117 Objective: Summarize the issues involved in warrantless searches including searches incident to arrest, hot pursuit, automobile searches and plain view searches.

Level: Basic Answers: 1) E 2) F 3) A 4) H 5) G 6) J 7) B 8) C 9) D 10) I 5.5 Essay Questions 1) Identify and explain the four restrictions to a search incident to an arrest.

Answer: Answers will discuss the need for probable cause, contemporaneous timing of the search to the arrest, limitations of the person and areas that can be searched and under what circumstances, and securing a location based on reasonable suspicion while a warrant can be obtained.

Page Ref: 115-117 Objective: Summarize the issues involved in warrantless searches including searches incident to arrest, hot pursuit, automobile searches and plain view searches.

Level: Intermediate 2) Explain the hot pursuit warrant exception and the reasons the Supreme Court has identified that justify the exception.

Answer: Answers will define exigent circumstances in general and the various issues associated with hot pursuit, including warrantless entries into residences, the need for the police to have reason to believe the suspect will escape or evidence will be destroyed absent immediate action,

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the limitation that the police cannot have created the exigency, and the scope of the searched limited by the nature of the circumstances.

Page Ref: 120-122 Objective: Summarize the issues involved in warrantless searches including searches incident to arrest, hot pursuit, automobile searches and plain view searches.

Level: Intermediate 3) Discuss the two cases outlined in your textbook that address arrests in public places.

Answer: United States v. Watson (1976) upheld the common-law rule that arrests made in public do not need to be predicated on a warrant. The Court expressed confidence in the ability of police officers to make probable cause determinations. In United States v. Santana (1976) the decision for arrests in public places without a warrant was extended to curtilage of a home. Together these rulings established that as long as a police officers had probable cause they could make warrantless arrests in public places.

Page Ref: 138 Objective: Describe the situations in which warrantless arrests may be made.

Level: Intermediate 5.6 Critical Thinking Questions 1) Concerning hot pursuit, has the Supreme Court decided in favor of police or in favor of suspects?

Why do you feel this way?

Answer: Good answers will address the basic rule and requirements of the hot pursuit exception.

Students should take a position on the question and defend it in light of several examples of the rationale behind the exception.

Page Ref: 120-125 Objective: Summarize the issues involved in warrantless searches including searches incident to arrest, hot pursuit, automobile searches and plain view searches.

Level: Difficult 2) Is racial profiling a problem? Why? How should racial profiling be defined? Can it be measured?

Answer: Good answers will define racial profiling and discuss how difficult it is to discern. The various available legal remedies should be addressed, including an equal protection challenge and the Civil Rights Act of 1964. Further, it is important to note that the Supreme Court has not directly addressed the issue. The support for the position taken is the critical component of this question.

Students should be familiar with the applicable terms and use them in support of a position.

Page Ref: 130 Objective: Summarize the issues involved in warrantless searches including searches incident to arrest, hot pursuit, automobile searches and plain view searches.

Level: Difficult

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Criminal Procedure, 7e (Worrall) Chapter 6 Actions Based on Reasonable Suspicion 6.1 Multiple Choice Questions 1) Which case forms the foundation for the law governing police actions that are based on reasonable suspicion?

A) Florida v. Royer B) Michigan v. Chestnut C) Terry v. Ohio D) Florida v. Rodriguez Answer: C Page Ref: 145 Objective: Explain the characteristics of a stop.

Level: Basic 2) Which standard of justification is necessary for stop-and-frisk activities?

A) Administrative justification B) Proof beyond a reasonable doubt C) Reasonable suspicion D) Probable cause Answer: C Page Ref: 145 Objective: Summarize the evolution of stop-and-frisk law.

Level: Intermediate 3) Which of the following can be said about stop-and-frisk?

A) Stops always precede frisks.

B) Stops do not automatically give rise to frisks.

C) Stops and frisks are separate acts.

D) All of the above Answer: D Page Ref: 146 Objective: Summarize the evolution of stop-and-frisk law.

Level: Intermediate 4) In which case did the Supreme Court rule that in addition to the suspicion required to justify a stop, the officer must have reasonable suspicion that the person stopped is “armed” and “dangerous” before a frisk can be conducted?

A) Payton v. New York B) Terry v. Ohio

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C) Adams v. Williams D) Bradford v. Ray Answer: B Page Ref: 145 Objective: Explain the characteristics of a stop.

Level: Basic 5) What type of test has the Supreme Court relied upon in order to distinguish stops from nonstops?

A) A subjective test B) An objective test C) Bright-line rule test D) Case-by-case adjudication test Answer: B Page Ref: 147 Objective: Explain the characteristics of a stop.

Level: Intermediate 6) Factors that may elevate a nonstop to a stop include: A) Whether the suspect attempted to leave B) The number of officers present C) Display of weaponry D) All of the above Answer: D Page Ref: 147 Objective: Explain the characteristics of a stop.

Level: Intermediate 7) A frisk requires: A) Reasonable suspicion that a person is armed and dangerous B) Justification apart from that required for a stop C) That a stop first take place D) All of the above Answer: D Page Ref: 152 Objective: Explain the characteristics of a frisk.

Level: Intermediate 8) Concerning the scope of a frisk, the Supreme Court has required that the frisk be limited to: A) A pat-down of the suspect’s torso B) A pat-down of the suspect’s outer clothing C) A visual examination of the suspect D) A verbal command for the suspect to turn out pockets

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Answer: B Page Ref: 154 Objective: Explain the characteristics of a frisk.

Level: Basic 9) Frisks must be directed at discovering: A) Contraband B) Criminal evidence C) Weapons D) Drugs Answer: C Page Ref: 154 Objective: Explain the characteristics of a frisk.

Level: Basic 10) A valid frisk can evolve into a search if what type of justification develops along the way?

A) Probable cause B) Reasonable suspicion C) Administrative justification D) Proof beyond a reasonable doubt Answer: A Page Ref: 154 Objective: Explain the characteristics of a frisk.

Level: Intermediate 11) 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 Answer: D Page Ref: 154 Objective: Explain the characteristics of a frisk.

Level: Intermediate 12) 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

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Answer: A Page Ref: 159 Objective: Summarize the evolution of stop-and-frisk law.

Level: Intermediate 13) 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 Answer: C Page Ref: 156 Objective: Summarize the evolution of stop-and-frisk law.

Level: Basic 14) 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 Answer: D Page Ref: 153 Objective: Explain characteristics of a frisk.

Level: Intermediate 15) 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 Answer: B Page Ref: 153 Objective: Explain characteristics of a frisk.

Level: Intermediate 16) Stops and frisks are considered which type of acts?

A) Necessary B) Advisory C) Separate D) Independent 304 Copyright © 2024 Pearson Education, Inc.

Answer: C Page Ref: 146 Objective: Explain characteristics of a frisk.

Level: Basic 17) A frisk must be supported by reasonable suspicion that the suspect is: A) Likely to escape B) Armed and dangerous C) Engaged in criminal activity D) Posing a threat to destroy evidence Answer: B Page Ref: 152 Objective: Explain characteristics of a frisk.

Level: Basic 18) Cases dealing with stops for loitering are: A) Constitutionally acceptable B) Necessary C) Advisory D) Constitutionally questionable Answer: D Page Ref: 158 Objective: Summarize the evolution of stop-and-frisk law.

Level: Intermediate 19) Which of the following can be considered a characteristic of drug couriers?

A) Use of large denominations of currency B) Excessive number of bags C) Travel to and from major drug import centers D) Carrying a small amount of cash Answer: C Page Ref: 160 Objective: Explain the relevance of drug courier profiling in the stop-and-frisk context.

Level: Basic 20) Which of the following can be considered a characteristic of drug couriers?

A) Unusual itinerary B) Use of an alias C) Carrying little or no luggage D) All of the above Answer: D Page Ref: 161

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Objective: Explain the relevance of drug courier profiling in the stop-and-frisk context.

Level: Intermediate 21) Where does drug courier profiling occur?

A) Airports B) Churches C) High schools D) All of the above Answer: A Page Ref: 160 Objective: Explain the relevance of drug courier profiling in the stop-and-frisk context.

Level: Basic 22) Which of the following has been defined as an “encounter in which contact is initiated by a police officer without any articulable reason whatsoever and the citizen is briefly asked some questions”?

A) Investigative detention B) Consent search C) Exploratory search D) Consensual seizure Answer: B Page Ref: 160 Objective: Explain the relevance of drug courier profiling in the stop-and-frisk context.

Level: Basic 23) A temporary involuntary detention which must be predicated on reasonable suspicion is referred to as: A) Investigative detention B) Consent search C) Exploratory search D) Consensual seizure Answer: A Page Ref: 165 Objective: Explain the relevance of drug courier profiling in the stop-and-frisk context.

Level: Basic 24) Which of the following is true of consent searches?

A) Probable cause is not required.

B) Citizens remain free to decline the officer’s request to conduct a search.

C) The person must feel free to decline or refuse.

D) All of the above Answer: D Page Ref: 160

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Objective: Explain the relevance of drug courier profiling in the stop-and-frisk context.

Level: Basic 25) What type of investigative detention is less intrusive than an arrest but more intrusive than a Terry stop?

A) Stationhouse detentions B) Jailhouse detentions C) Holding cell detentions D) Booking room Answer: A Page Ref: 165 Objective: Compare and contrast investigative detentions with stop-and-frisk.

Level: Intermediate 26) A stationhouse detention for the purpose of fingerprinting may be permissible when: A) There is reasonable suspicion to believe the suspect has committed a crime B) There is a reasonable belief that the fingerprints will inculpate or exculpate the suspect C) The procedure is carried out promptly D) All of the above Answer: D Page Ref: 165 Objective: Compare and contrast investigative detentions with stop-and-frisk.

Level: Intermediate 27) The additional step of ________ a suspect is a Fourth Amendment intrusion that requires justification apart from that required to stop the person.

A) Frisking B) Detaining C) Interrogating D) Confronting Answer: A Page Ref: 152 Objective: Explain characteristics of a frisk.

Level: Intermediate 28) Investigative detentions (also known as stationhouse detentions): A) Require more justification than a Terry stop but less than probable cause B) Require less justification than a Terry stop C) Require more justification than probable cause D) None of the above Answer: A Page Ref: 165

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Objective: Compare and contrast investigative detentions with stop-and-frisk.

Level: Intermediate 29) In which case did the Supreme Court suggested that to justify detention there had to be some objective basis for detaining a person, a clear investigation underway, and a court order stating that adequate evidence exists?

A) Florida v. Royer B) Hayes v. Florida C) Davis v. Mississippi D) Reid v. Georgia Answer: C Page Ref: 165 Objective: Compare and contrast investigative detentions with stop-and-frisk.

Level: Intermediate 30) Stationhouse detentions are used in many locations for such purposes as: A) Obtaining fingerprints and photographs B) Ordering lineups C) Administering polygraph examinations D) All of the above Answer: D Page Ref: 165 Objective: Compare and contrast investigative detentions with stop-and-frisk.

Level: Basic 6.2 True/False Questions 1) A stop always precedes a frisk, but a stop does not give a police officer permission to conduct a frisk.

Answer: TRUE Page Ref: 146 Objective: Explain characteristics of a stop.

Level: Basic 2) There are no precise rules as to how long a stop may take.

Answer: TRUE Page Ref: 150 Objective: Explain characteristics of a stop.

Level: Basic 3) If an officer detains a person in such a manner that a reasonable person would believe they are free to leave, the protections of the Fourth Amendment do not apply and reasonable suspicion is not required.

Answer: TRUE Page Ref: 152

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Objective: Explain characteristics of a stop.

Level: Basic 4) A person who is stopped has the right to refuse to answer questions—they cannot be forced to talk.

Answer: TRUE Page Ref: 151 Objective: Explain characteristics of a stop.

Level: Intermediate 5) Although the purpose of a frisk is to preserve officer safety, the officer may, in some circumstances, seize contraband found during the course of a lawful frisk.

Answer: TRUE Page Ref: 154 Objective: Explain characteristics of a frisk.

Level: Basic 6) A person who, in the eyes of a reasonable police officer, is “free to leave” is always considered free to leave for purposes of determining if a stop has occurred.

Answer: FALSE Page Ref: 147-148 Objective: Explain characteristics of a stop.

Level: Basic 7) The additional step of frisking a suspect is a Fourth Amendment intrusion that requires justification apart from that required to stop the person.

Answer: TRUE Page Ref: 152 Objective: Explain characteristics of a frisk.

Level: Basic 8) Police officers can stop and detain motorists in their vehicles with articulable and reasonable suspicion that the motorist is violating the law.

Answer: TRUE Page Ref: 155 Objective: Summarize the evolution of stop-and-frisk law.

Level: Basic 9) Probable cause is needed in situations where one or more officers disperse throughout a home while serving a search warrant or under exigent circumstances with the intent of looking for other people who could pose a threat to the officers making the arrest.

Answer: FALSE Page Ref: 157 Objective: Summarize the evolution of stop-and-frisk law.

Level: Basic

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10) Example: An officer conducting a pat down of a man who seems intoxicated and smells like marijuana, feels a bulge in the man’s jacket. The officer reaches into his pocket and finds a “bong.”

This is an example of a proper seizure.

Answer: TRUE Page Ref: 158 Objective: Summarize the evolution of stop-and-frisk law.

Level: Basic 11) The Supreme Court has sanctioned a stop lasting 36 hours.

Answer: FALSE Page Ref: 150 Objective: Explain characteristics of a stop.

Level: Basic 12) Profiling of drug couriers is the only constitutionally upheld practice and it is not common for other offenders to be profiled.

Answer: FALSE Page Ref: 160 Objective: Explain the relevance of drug courier profiling in the stop-and-frisk context.

Level: Basic 13) Probable cause is required for a consent search.

Answer: FALSE Page Ref: 160 Objective: Explain the relevance of drug courier profiling in the stop-and-frisk context.

Level: Basic 14) Assuming a citizen remains free to decline the officer’s request to conduct a search, the officer can legally ask a person to look in their car, bag, house, or other area during a consent search.

Answer: TRUE Page Ref: 160 Objective: Explain the relevance of drug courier profiling in the stop-and-frisk context.

Level: Basic 15) Drug courier characteristics including being between the ages of 16 to 20 traveling to small, rural towns.

Answer: FALSE Page Ref: 162 Objective: Explain the relevance of drug courier profiling in the stop-and-frisk context.

Level: Intermediate 16) A stationhouse detention, is less intrusive than an arrest but more intrusive than a Terry stop.

Answer: TRUE Page Ref: 165

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Objective: Compare and contrast investigative detentions with stop-and-frisk.

Level: Basic 17) In Hayes v. Florida, the Court ruled that when consent is obtained, probable cause is still necessary.

Answer: FALSE Page Ref: 165 Objective: Compare and contrast investigative detentions with stop-and-frisk.

Level: Basic 18) A stationhouse detention for the purpose of fingerprinting may be permissible when there is reasonable suspicion to believe the suspect has committed a crime.

Answer: TRUE Page Ref: 165 Objective: Compare and contrast investigative detentions with stop-and-frisk.

Level: Basic 19) Stationhouse detentions are used to administer polygraph examinations.

Answer: TRUE Page Ref: 165 Objective: Compare and contrast investigative detentions with stop-and-frisk.

Level: Basic 20) The Supreme Court has not yet addressed the issue of stationhouse detentions for purposes other than fingerprinting.

Answer: TRUE Page Ref: 165 Objective: Compare and contrast investigative detentions with stop-and-frisk.

Level: Intermediate 6.3 Fill in the Blank Questions 1) Reasonable suspicion is required to stop a person, and it is also required to ________ a person.

Answer: Frisk Page Ref: 145 Objective: Summarize the evolution of stop-and-frisk law.

Level: Basic 2) The reasonable suspicion standard is ________ than probable cause in terms of the amount of proof required.

Answer: Lower Page Ref: 145 Objective: Summarize the evolution of stop-and-frisk law.

Level: Basic

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3) A(n) ________ is the detention of a person by a law enforcement officer for the purpose of investigation.

Answer: Stop Page Ref: 147 Objective: Explain the characteristics of a stop.

Level: Basic 4) A(n) ________ is a superficial examination by the officer of the person’s body surface or clothing to discover weapons or items that could be used to cause harm.

Answer: Frisk Page Ref: 152 Objective: Explain characteristics of a frisk.

Level: Basic 5) A(n) ________ must be supported by reasonable suspicion that the suspect is armed and dangerous.

Answer: Frisk Page Ref: 152 Objective: Explain characteristics of a frisk.

Level: Basic 6) Stops for ________ are constitutionally questionable.

Answer: Loitering Page Ref: 158 Objective: Summarize the evolution of stop-and-frisk law.

Level: Basic 7) Minnesota v. Dickerson (1993) was the case that officially recognized the doctrine known as ________ touch.

Answer: Plain Page Ref: 158 Objective: Summarize the evolution of stop-and-frisk law.

Level: Basic 8) A(n) ________ detention is a temporary involuntary detention which must be predicated on reasonable suspicion.

Answer: Investigative Page Ref: 165 Objective: Explain the relevance of drug courier profiling in the stop-and-frisk context.

Level: Basic

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9) A(n) ________ detention for the purpose of fingerprinting may be permissible when there is reasonable suspicion to believe the suspect has committed a crime.

Answer: Stationhouse Page Ref: 165 Objective: Compare and contrast investigative detentions with stop-and-frisk.

Level: Basic 10) The key in Hayes v. Florida is that the detention was not ________. In cases in which consent is obtained, probable cause is not necessary.

Answer: Consensual Page Ref: 165 Objective: Compare and contrast investigative detentions with stop-and-frisk.

Level: Intermediate 6.4 Matching Questions 6-1. Determine if the court case in the column 1 is related to “Stops,” “Frisks,” or “Drug Courier Profiling” in column 2. Answers will be used more than once.

A) Stop B) Frisk C) Drug Courier Profiling 1) Terry v. Ohio Page Ref: 167 Objective: Summarize the evolution of stop-and-frisk law.

Level: Intermediate 2) Pennsylvania v. Mimms Page Ref: 167 Objective: Summarize the evolution of stop-and-frisk law.

Level: Intermediate 3) United States v. Mendenhall Page Ref: 167 Objective: Summarize the evolution of stop-and-frisk law.

Level: Intermediate 4) Reid v. Georgia Page Ref: 167 Objective: Summarize the evolution of stop-and-frisk law.

Level: Intermediate 5) Minnesota v. Dickerson Page Ref: 167 Objective: Summarize the evolution of stop-and-frisk law.

Level: Intermediate

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6) Florida v. Bostick Page Ref: 167 Objective: Summarize the evolution of stop-and-frisk law.

Level: Intermediate 7) California v. Hodari Page Ref: 167 Objective: Summarize the evolution of stop-and-frisk law.

Level: Intermediate 8) Sibron v. New York Page Ref: 167 Objective: Summarize the evolution of stop-and-frisk law.

Level: Intermediate 9) United States v. Sokolow Page Ref: 167 Objective: Summarize the evolution of stop-and-frisk law.

Level: Intermediate 10) Ybarra v. Illinois Page Ref: 167 Objective: Summarize the evolution of stop-and-frisk law.

Level: Intermediate Answers: 1) A 2) B 3) C 4) C 5) B 6) A 7) A 8) B 9) C 10) B 6.5 Essay Questions 1) Identify several examples of how a frisk may evolve into a search.

Answer: A good answer should define the basic stop-and-frisk standards and that independent reasonable suspicion is needed for both the stop and the frisk. Answers should address vehicle stops and weapons searches of automobiles, protective sweeps of residences, plain touch and feel, and stops for loitering.

Page Ref: 154-159 Objective: Summarize the evolution of stop-and-frisk law.

Level: Intermediate 2) Define and explain the requirements in Terry stops and Terry frisks. How do they differ from a search?

Answer: A good answer should define the basic stop-and-frisk standards of reasonable suspicion and indicate that the independent reasonable suspicion is needed for both the stop and the frisk. A stop means the suspect is not free to leave. A frisk is a limited pat-down of the suspect’s outer clothing. A search is a more intrusive invasion of a person’s reasonable expectation of privacy that requires probable cause. Students should explain how justifiable frisks can lead to searches especially based on the plain touch doctrine.

Page Ref: 145-156

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Objective: Explain characteristics of a stop. Explain characteristics of frisk.

Level: Intermediate 3) Explain why drug courier profiling was developed and sanctioned under certain circumstances by the Court.

Answer: Drugs often enter the United States through airports. Without the ability to use courier profiling to initiate investigative detentions, officers would only have consensual encounters. Since probable cause is not required for a consent search, consent may be given or declined. Suspicionless searches are illegal. As a means to catch drug couriers, the Courts have allowed courier profiling.

While investigative detentions are also not considered searches and also fall outside the Fourth Amendment’s probable cause requirement, they involve the lesser reasonable suspicion. Hence, the legalization of courier profiling.

Page Ref: 160-163 Objective: Explain the relevance of drug courier profiling in the stop-and-frisk context.

Level: Intermediate 4) When are stationhouse detentions for the purpose of fingerprinting permissible?

Answer: 1. There is reasonable suspicion to believe the suspect committed a crime. 2. There is a reasonable belief that the fingerprints will inculpate or exculpate the suspect. 3. The procedure is carried out promptly.

Page Ref: 165 Objective: Compare and contrast investigative detentions with stop-and-frisk.

Level: Intermediate 6.6 Critical Thinking Questions 1) What is your opinion of the Supreme Court’s decision in Terry v. Ohio? Is the decision too restrictive or not restrictive enough?

Answer: Good answers should explain the Terry v. Ohio reasoning of allowing the police the leeway in detecting crime in appropriate circumstances, yet in a limited way. Then the issue becomes whether the Supreme Court has found the right balance. Students need to support their positions by distinguishing the Terry rules and explaining how the doctrine has been expanded. The focus should revolve around a reasonable expectation of privacy.

Page Ref: 145-155 Objective: Summarize the evolution of stop-and-frisk law.

Level: Difficult 2) Should race be a factor in drug courier profiling? Is it already? Why or why not?

Answer: Good answers will define drug courier profiling and explain its origins and purposes and the Terry requirement of reasonable suspicion. The question of race has not been addressed by the Supreme Court, yet an argument can be made that if race is a profiling characteristic then more people of color than White people will be stopped. This can be addressed as an issue of people of color being disproportionately involved in narcotics trafficking or being selected for investigation on an inappropriate basis with a disparate impact on all people of color, not just those involved in drug trafficking.

Page Ref: 160-164 Objective: Explain the relevance of drug courier profiling in the stop-and-frisk context.

Level: Difficult 315 Copyright © 2024 Pearson Education, Inc.

Criminal Procedure, 7e (Worrall) Chapter 7 Actions Based on Administrative Justification and Consent 7.1 Multiple Choice Questions 1) The Supreme Court sanctioned vehicle warrantless inventories in which case?

A) South Dakota v. Opperman B) Frank v. Maryland C) Camara v. Municipal Court D) Illinois v. Lafayette Answer: A Page Ref: 171 Objective: Describe regulatory and administrative searches and explain their justification.

Level: Basic 2) When are warrantless vehicle inventories permissible?

A) Following a lawful impoundment B) When they follow standard operating procedures C) When they are not pretextual D) All of the above Answer: D Page Ref: 171 Objective: Describe regulatory and administrative searches and explain their justification.

Level: Intermediate 3) Which of the following are permissible if, among other requirements, they follow standard departmental operating procedures?

A) Person inventories B) Vehicle inventories C) Body cavity inspections D) All of the above Answer: B Page Ref: 171 Objective: Describe regulatory and administrative searches and explain their justification.

Level: Basic 4) The general rule is that the police may search an arrestee and their personal items, including ________ found in their possession, as part of a routine inventory incident to the booking and jailing procedure.

A) Containers B) Passenger’s containers C) Outer clothing only D) None of the above 316 Copyright © 2024 Pearson Education, Inc.

Answer: A Page Ref: 172 Objective: Describe regulatory and administrative searches and explain their justification.

Level: Basic 5) The police may search which of the following during the course of a vehicle inventory?

A) Any container discovered B) Only the passenger compartment C) The passenger compartment and trunk D) None of the above Answer: A Page Ref: 172 Objective: Describe regulatory and administrative searches and explain their justification.

Level: Basic 6) Border checkpoints have been upheld: A) On the nation’s waterways B) At international airports C) At high checkpoints well inside the nation’s borders D) All of the above Answer: D Page Ref: 178 Objective: Describe regulatory and administrative searches and explain their justification.

Level: Basic 7) The balancing test used to justify administrative searches involves weighing citizens’ privacy interests with the government’s interest in: A) Controlling crime B) Detecting evidence of law violations C) Protecting public safety D) Increasing arrests rates Answer: C Page Ref: 171 Objective: Describe regulatory and administrative searches and explain their justification.

Level: Intermediate 8) Which of the following can be considered administrative “searches”?

A) Inspections B) Stop-and-frisks C) Consent searches D) Stationhouse detentions Answer: A Page Ref: 171 317 Copyright © 2024 Pearson Education, Inc.

Objective: Describe regulatory and administrative searches and explain their justification.

Level: Basic 9) 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 Answer: B Page Ref: 178 Objective: Describe regulatory and administrative searches and explain their justification.

Level: Basic 10) Person inventories are sometimes called: A) Armspan searches B) Custodial inventories C) Arrest inventories D) Search incident to arrest Answer: C Page Ref: 172 Objective: Describe regulatory and administrative searches and explain their justification.

Level: Intermediate 11) 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 Answer: B Page Ref: 176 Objective: Describe regulatory and administrative searches and explain their justification.

Level: Basic 12) The Supreme Court has authorized warrantless inspections of: A) Firearms dealerships B) Vehicle junkyards C) Closely regulated businesses D) All of the above Answer: D Page Ref: 176 Objective: Describe regulatory and administrative searches and explain their justification.

Level: Intermediate

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13) There is no bright-line test as to whether there has been sufficient duress or coercion to render a consent involuntary. Instead, the Court has opted for which type of test?

A) Objective test B) Totality of circumstances test C) Reasonable test D) Voluntariness test Answer: B Page Ref: 187 Objective: Describe consent searches and the issues associated with them.

Level: Basic 14) Which of the following can be considered constitutional checkpoints?

A) Border checkpoints B) Sobriety checkpoints C) Undocumented immigrant checkpoints D) All of the above Answer: D Page Ref: 177 Objective: Describe regulatory and administrative searches and explain their justification.

Level: Basic 15) 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 Answer: D Page Ref: 181 Objective: Describe regulatory and administrative searches and explain their justification.

Level: Basic 16) 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 Answer: D Page Ref: 181 Objective: Describe regulatory and administrative searches and explain their justification.

Level: Basic

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17) In O’Connor v. Ortega the Supreme Court ruled that searches of government employees’ offices are acceptable if they are limited to detecting: A) Evidence of criminal activity B) Evidence of work-related misfeasance C) Work-related documents D) Personal effects Answer: B Page Ref: 183 Objective: Describe regulatory and administrative searches and explain their justification.

Level: Basic 18) In which case did the Supreme Court hold that it is permissible to search a probationer’s home without a warrant and based on reasonable suspicion was constitutional?

A) Griffin v. Wisconsin B) Veronia School District 47J v. Acton C) Pennsylvania Board of Probation and Parole v. Scott D) United States v. Knights Answer: A Page Ref: 185 Objective: Describe regulatory and administrative searches and explain their justification.

Level: Basic 19) Which of the following is a search that requires no justification at all?

A) Inspection B) Checkpoint C) Drug test D) Consent search Answer: D Page Ref: 186 Objective: Describe consent searches and the issues associated with them.

Level: Intermediate 20) The scope of consent is: A) Limitless B) Heavily restricted C) Limited to the type of consent given D) Subject to the same rules as search warrants Answer: C Page Ref: 188 Objective: Describe consent searches and the issues associated with them.

Level: Intermediate

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21) A controversial law enforcement practice used to obtain consent to search in the absence of probable cause is called: A) Knock and ask B) Knock and demand C) Knock and talk D) Knock and search Answer: C Page Ref: 189 Objective: Describe consent searches and the issues associated with them.

Level: Basic 22) The Supreme Court has sanctioned school disciplinary searches for which grades?

A) K-6 B) K-9 C) K-12 D) All grades and public college Answer: C Page Ref: 182 Objective: Describe consent searches and the issues associated with them.

Level: Basic 23) For consent to be constitutionally valid, it must be: A) Voluntary B) Not the result of duress C) Freely given D) All of the above Answer: D Page Ref: 187 Objective: Describe consent searches and the issues associated with them.

Level: Intermediate 24) Police entering a residence on the consent of a third party is subject to which doctrine?

A) Apparent authority B) Third party C) Warrantless objective D) Ferreting out crime Answer: A Page Ref: 189 Objective: Describe consent searches and the issues associated with them.

Level: Basic

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25) In South Dakota v. Opperman, the Supreme Court approved the police use of routine ________ so long as they were done pursuant to an established department policy.

A) Vehicle inventories B) Personal inventories C) Business inventories D) None of the above Answer: A Page Ref: 171 Objective: Describe consent searches and the issues associated with them.

Level: Basic 26) A controversial law enforcement practice used to obtain consent to search, without probable cause, by merely asking for it at the front door is known as: A) Arrest warrant B) Third party consent C) Voluntary consent D) Knock and talk Answer: D Page Ref: 189 Objective: Describe consent searches and the issues associated with them.

Level: Basic 7.2 True/False Questions 1) In Wyman v. James, the Supreme Court upheld the constitutionality of a statute that allowed welfare caseworkers to make warrantless visits to the homes of welfare recipients.

Answer: TRUE Page Ref: 174 Objective: Describe regulatory and administrative searches and explain their justification.

Level: Basic 2) Police may examine any container discovered during the course of a vehicle inventory, provided that it is mandated by departmental procedures.

Answer: TRUE Page Ref: 172 Objective: Describe regulatory and administrative searches and explain their justification.

Level: Basic 3) The Supreme Court has permitted government officials to open incoming international mail without a warrant to do so.

Answer: TRUE Page Ref: 177 Objective: Describe regulatory and administrative searches and explain their justification.

Level: Intermediate

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4) Several types of checkpoints are constitutionally permissible without warrants because they are based on individualized suspicion.

Answer: FALSE Page Ref: 177 Objective: Describe regulatory and administrative searches and explain their justification.

Level: Basic 5) Sobriety checkpoints have been upheld as constitutionally sound as long as they are conducted with evenhandedness and the officers themselves are not given discretion to decide who to stop.

Answer: TRUE Page Ref: 178 Objective: Describe regulatory and administrative searches and explain their justification.

Level: Basic 6) In Delaware v. Prouse, the Supreme Court held that law enforcement officials can randomly stop drivers for the single purpose of checking their driver’s licenses and registration.

Answer: FALSE Page Ref: 179 Objective: Describe regulatory and administrative searches and explain their justification.

Level: Basic 7) Knock and talk searches are controversial because they are not predicated on warrants or probable cause.

Answer: TRUE Page Ref: 190 Objective: Describe regulatory and administrative searches and explain their justification.

Level: Basic 8) Administrative searches are those whose primary purpose is noncriminal.

Answer: TRUE Page Ref: 171 Objective: Describe regulatory and administrative searches and explain their justification.

Level: Basic 9) The Supreme Court has upheld warrantless health and safety inspections of homes.

Answer: FALSE Page Ref: 174 Objective: Describe regulatory and administrative searches and explain their justification.

Level: Basic 10) Fire inspections must be contemporaneous, not several days or weeks after the fire.

Answer: TRUE Page Ref: 176 Objective: Describe regulatory and administrative searches and explain their justification.

Level: Intermediate

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11) Airport checkpoints are authorized to hold a checkpoint without a need for probable cause or reasonable suspicion.

Answer: TRUE Page Ref: 178 Objective: Describe regulatory and administrative searches and explain their justification.

Level: Intermediate 12) In City of Indianapolis v. Edmond, the Supreme Court ruled that checkpoints are acceptable for the purpose of detecting evidence of criminal activity.

Answer: FALSE Page Ref: 181 Objective: Describe regulatory and administrative searches and explain their justification.

Level: Intermediate 13) Public school administrators and teachers in grades K-12 may search students without a warrant if they possess probable cause that the search will yield incriminating evidence outside of normal disciplinary purposes.

Answer: FALSE Page Ref: 182 Objective: Describe regulatory and administrative searches and explain their justification.

Level: Intermediate 14) Random, suspicionless locker searches of public school students are permissible without notification.

Answer: FALSE Page Ref: 182 Objective: Describe regulatory and administrative searches and explain their justification.

Level: Intermediate 15) The Supreme Court has sanctioned drug and alcohol testing of hospital patients.

Answer: FALSE Page Ref: 184 Objective: Describe regulatory and administrative searches and explain their justification.

Level: Basic 16) People on probation enjoy a lesser expectation of privacy than ordinary citizens.

Answer: TRUE Page Ref: 185 Objective: Describe regulatory and administrative searches and explain their justification.

Level: Basic 17) A consent search requires no justification at all.

Answer: TRUE Page Ref: 186 Objective: Describe regulatory and administrative searches and explain their justification.

Level: Basic 18) Once a person consents to a search of his premises the search has no limits.

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Answer: FALSE Page Ref: 188 Objective: Describe consent searches and the issues associated with them.

Level: Intermediate 19) For consent to be constitutionally valid, it must be voluntary.

Answer: TRUE Page Ref: 187 Objective: Describe consent searches and the issues associated with them.

Level: Basic 20) The apparent authority doctrine applies to regulatory inspections.

Answer: FALSE Page Ref: 189 Objective: Describe consent searches and the issues associated with them.

Level: Basic 7.3 Fill in the Blank Questions 1) A(n) ________ is a means of investigating a large number of people, and is distinguished from an inspection, which involves a single building or entity.

Answer: Checkpoint Page Ref: 177 Objective: Describe regulatory and administrative searches and explain their justification.

Level: Basic 2) In South Dakota v. Opperman, the Supreme Court approved the police use of routine ________ inventories so long as they were done pursuant to an established department policy.

Answer: Vehicle Page Ref: 171 Objective: Describe regulatory and administrative searches and explain their justification.

Level: Basic 3) The _________ test used to justify inspections involves weighing citizen’s privacy interests with the government’s interest in protecting public safety.

Answer: Balancing Page Ref: 171 Objective: Describe regulatory and administrative searches and explain their justification.

Level: Intermediate

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4) ________ employers can search private employee lockers, desks, and the like without infringing on any constitutional rights.

Answer: Private Page Ref: 183 Objective: Describe regulatory and administrative searches and explain their justification.

Level: Basic 5) A person on probation enjoys a(n) ________ degree of protection from government searches.

Answer: Lesser Page Ref: 185 Objective: Describe regulatory and administrative searches and explain their justification.

Level: Intermediate 6) The Court has ruled that evidence seized by parole officers during a(n) ________ search and seizure need not be excluded at a parole revocation hearing.

Answer: Illegal Page Ref: 186 Objective: Describe regulatory and administrative searches and explain their justification.

Level: Intermediate 7) The person giving consent determines the ________ of the consent search.

Answer: Limits Page Ref: 188 Objective: Describe consent searches and the issues associated with them.

Level: Basic 8) A third party could give consent to have shared bathroom searched based on ________ authority.

Answer: Common Page Ref: 189 Objective: Describe consent searches and the issues associated with them.

Level: Basic 9) School disciplinary searches are constitutionally permissible, but they must be ________.

Answer: Reasonable Page Ref: 191 Objective: Describe consent searches and the issues associated with them.

Level: Intermediate 10) Third parties can give consent if they have actual or ________ authority over the premises or property to be searched.

Answer: Apparent Page Ref: 193 Objective: Describe consent searches and the issues associated with them.

Level: Basic

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7.4 Matching Questions 7-1. Match the term listed in Column 1 to the correct definition in Column 2.

A) A search based on voluntary consent. A valid consent search permits a police officer to dispense with the Fourth Amendment’s warrant and probable cause requirements.

B) Brief detentions that do not require probable cause or a warrant C) A police tactic used to obtain consent to search, in which police officers approach a home, knock on the door, and request consent to search the premises D) Mutual use of the property by persons generally having joint access or control for most purposes E) A search of students’ possessions without a warrant or probable cause for evidence of activity in violation of school policy.

F) A type of business subject to warrantless, suspicionless inspections G) Inventory after a vehicle has been lawfully impounded H) A procedure of testing for drug or alcohol use, usually via urinalysis. Employees and school students can be subjected to warrantless, suspicionless drug and alcohol testing, but hospital patients cannot–if the evidence is turned over to law enforcement authorities.

I) Also referred to as an arrest inventory that includes logging an arrestee’s personal items J) The police reasonably believe a person has authority to grant consent.

1) Apparent authority Page Ref: 189 Objective: Describe regulatory and administrative searches and explain their justification.; Describe consent searches and the issues associated with them.

Level: Basic 2) Checkpoints Page Ref: 177 Objective: Describe regulatory and administrative searches and explain their justification.; Describe consent searches and the issues associated with them.

Level: Basic 3) Closely regulated business Page Ref: 174 Objective: Describe regulatory and administrative searches and explain their justification.; Describe consent searches and the issues associated with them.

Level: Basic 4) Common authority Page Ref: 189 Objective: Describe regulatory and administrative searches and explain their justification.; Describe consent searches and the issues associated with them.

Level: Basic

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5) Consent search Page Ref: 186 Objective: Describe regulatory and administrative searches and explain their justification.; Describe consent searches and the issues associated with them.

Level: Basic 6) Drug and alcohol testing Page Ref: 184 Objective: Describe regulatory and administrative searches and explain their justification.; Describe consent searches and the issues associated with them.

Level: Basic 7) Knock and talk Page Ref: 189 Objective: Describe regulatory and administrative searches and explain their justification.; Describe consent searches and the issues associated with them.

Level: Basic 8) Person inventory Page Ref: 173 Objective: Describe regulatory and administrative searches and explain their justification.; Describe consent searches and the issues associated with them.

Level: Basic 9) School disciplinary “searches” Page Ref: 182 Objective: Describe regulatory and administrative searches and explain their justification.; Describe consent searches and the issues associated with them.

Level: Basic 10) Vehicle inventory Page Ref: 171 Objective: Describe regulatory and administrative searches and explain their justification.; Describe consent searches and the issues associated with them.

Level: Basic Answers: 1) J 2) B 3) F 4) D 5) A 6) H 7) C 8) I 9) E 10) G 7.5 Essay Questions 1) How are searches of government employee offices different from searches of private company offices?

Answer: The Fourth Amendment only applies to government action and private employers are not bound by the restrictions of the Fourth Amendment. Private employers can search private employees’ lockers, desks, and the like without infringing on any constitutional rights. The Court held that no warrant or probable cause is required to search a government’s employees’ office, but the search must be non-investigatory work-related intrusion or an investigatory search for evidence of suspected work-related employee misfeasance.

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Page Ref: 183-184 Objective: Describe regulatory and administrative searches and explain their justification.

Level: Intermediate 2) Explain the concept of administrative justification and how it applies to vehicle and person inventories. Include relevant Supreme Court decisions in your answer.

Answer: Answers will discuss the basic noncriminal premise of administrative justification and the balancing act between weighing citizens’ privacy interests against the interest to ensure public safety.

On vehicle inventories answers should address that inventories are taken after the fact (arrest or seizure) for the purpose of developing a record of what items have been taken into custody, and recite the requirements for a valid inventory search. South Dakota v. Opperman is the seminal case for vehicles in general and Colorado v. Bertine is the case for containers within vehicles. For person inventories the justification includes protection of a suspect’s property, deterrence of false claims of theft against the police, security, and identification of the suspect. Illinois v. Lafayette is the leading case on person inventories.

Page Ref: 171-173 Objective: Describe regulatory and administrative searches and explain their justification.

Level: Intermediate 3) What is the totality of circumstances as it relates to voluntariness of consent searches?

Answer: Consent must be given voluntarily and not under duress or coercion. The totality of circumstance looks at the surrounding circumstances of consent — if it looks as if there was a show of force, if a person’s age, mental condition, or intellectual capacities inhibited understanding, and whether the person is or was in custody. Consent will be considered valid even if the consenting party wasn’t aware that they could refuse consent. Many departments have suspects complete a “consent to search” form.

Page Ref: 187 Objective: Describe consent searches and the issues associated with them.

Level: Intermediate 7.6 Critical Thinking Questions 1) What test is used to determine the voluntariness of consent for the police to search an individual or a residence? Are all people from diverse backgrounds alike in their ability to understand their options and give true consent?

Answer: Consent can only be valid if given voluntarily, and cannot be the result of duress or coercion, express or implied. There is no bright-line test to determine if the consent was involuntary, but the Court has adopted the totality of circumstances test that requires looking at the surrounding circumstances of the consent. Things that are considered are the show of force, the person’s age, mental condition, and intellectual capacities of those offering consent. Additionally, not knowing that a person has the right to refuse a search does not render the search as invalid, but it is factored into the totality of the circumstances. The use of forms in securing a voluntary consent search is often used as a tool to prevent violations of the constitution.

Page Ref: 186-189 Objective: Describe consent searches and the issues associated with them.

Level: Difficult

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2) Offer three examples of checkpoints that are considered constitutionally permissible according to the Supreme Court. Do you agree with the decisions? Why or why not?

Answer: Good answers will focus on the rationale of the Supreme Court in border checkpoints (Carroll v. United States), undocumented immigrant checkpoints (United States v. Martinez-Fuerte), sobriety checkpoints (Michigan Dept. of State Police v. Sitz), and license and safety checkpoints (Delaware v. Prouse). Students need to take a position and logically defend it.

Page Ref: 177-181 Objective: Describe regulatory and administrative searches and explain their justification.

Level: Difficult

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Criminal Procedure, 7e (Worrall) Chapter 8 Interrogations and Confessions 8.1 Multiple Choice Questions 1) Interrogations and confessions are protected by which of the following constitutional amendments?

A) Fifth B) Sixth C) Fourteenth D) All of the above Answer: D Page Ref: 197 Objective: Summarize how due process and voluntariness impact interrogations and confessions.

Level: Basic 2) What does the Fifth Amendment protect against?

A) Unreasonable searches and seizures B) Violations of the right to counsel C) Compelled self-incrimination D) Cruel and unusual punishment Answer: C Page Ref: 202 Objective: Explain the Fifth Amendment approach to interrogations and Miranda rights.

Level: Basic 3) When does the Sixth Amendment’s right to counsel start?

A) Prior to sentencing B) Through responses on written documents C) When a person is threatened with sanctions by refusing to testify D) Once formal criminal proceedings have begun Answer: D Page Ref: 199 Objective: Summarize how the Sixth Amendment impacts interrogations and confessions.

Level: Basic 4) Witnesses at either a trial or a grand jury hearing can be compelled to answer questions once they waive their Fifth Amendment privilege and begin to testify. This is known as: A) The waiver rule B) The fair examination rule C) Cross-examination D) Direct examination

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Answer: B Page Ref: 202 Objective: Explain the Fifth Amendment approach to interrogations and Miranda rights.

Level: Intermediate 5) Why do trial witnesses NOT need to be advised of their privilege against self-incrimination?

A) Testimony given in a public trial is less compelling.

B) The Fifth Amendment only applies to criminal defendants.

C) Trial witnesses are not the ones on trial.

D) All of the above Answer: D Page Ref: 202 Objective: Explain the Fifth Amendment approach to interrogations and Miranda rights.

Level: Basic 6) Which of the following circumstances is a component of the Fifth Amendment self-incrimination clause?

A) Forcing a suspect to give a voice exemplar B) Forcing a suspect to submit to the extraction of a blood sample C) Forcing a suspect to participate in a lineup D) None of the above Answer: D Page Ref: 202 Objective: Explain the Fifth Amendment approach to interrogations and Miranda rights.

Level: Basic 7) With regard to the Fifth Amendment, the testimonial evidence requirement does NOT cover which of the following?

A) Verbal responses to questions B) Physical evidence C) Statements made under oath D) All of the above Answer: B Page Ref: 202 Objective: Explain the Fifth Amendment approach to interrogations and Miranda rights.

Level: Intermediate 8) Which of the following can be considered “criminal proceedings”?

A) Trial B) Formal charge C) Capital sentencing hearing D) All of the above

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Answer: D Page Ref: 200-201 Objective: Summarize how the Sixth Amendment impacts interrogations and confessions.

Level: Basic 9) In regard to minor offenses and Miranda: A) Miranda only needs to be provided with specific minor offenses B) Miranda only needs to be provided for noncustodial minor offenses C) Miranda need not be presented for minor offenses D) No distinctions should be drawn between the types of crime as far as Miranda is concerned Answer: D Page Ref: 206 Objective: Explain the Fifth Amendment approach to interrogations and Miranda rights.

Level: Basic 10) In deciding when the Sixth Amendment’s right to counsel can be applied, the courts found: A) When a deprivation of liberty is unlikely B) When a defendant is formally charged, under preliminary hearing, filing an indictment or information, or during an arraignment C) When the underlying offense is “serious” D) All of the above Answer: B Page Ref: 200 Objective: Summarize how the Sixth Amendment impacts interrogations and confessions.

Level: Basic 11) 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 Answer: C Page Ref: 203 Objective: Summarize how the Sixth Amendment impacts interrogations and confessions.

Level: Basic 12) To impeach a defendant’s testimony the statement obtained must be: A) An oral communication B) A written communication C) Proof of guilt as well D) Obtained from the fruits of the poisonous tree

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Answer: A Page Ref: 216 Objective: Describe when unconstitutionally obtained confessions are admissible in court to prove guilt.

Level: Basic 13) 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 Answer: D Page Ref: 204 Objective: Summarize how the Sixth Amendment impacts interrogations and confessions.

Level: Intermediate 14) Which of the following can be considered interrogation for Miranda purposes?

A) Formal questioning while under arrest B) Functional equivalent of questioning C) Asking a question that is reasonably likely to elicit an incriminating response D) All of the above Answer: D Page Ref: 207 Objective: Summarize how the Sixth Amendment impacts interrogations and confessions.

Level: Intermediate 15) 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 Answer: C Page Ref: 210 Objective: Explain the Fifth Amendment approach to interrogations and Miranda rights.

Level: Intermediate 16) After a suspect asserts their Miranda rights, questioning: A) Must cease as a general rule B) May continue under limited circumstances C) Can occur later regarding another crime with a new Miranda advisement and waiver D) All of the above Answer: D Page Ref: 212-213 334 Copyright © 2024 Pearson Education, Inc.

Objective: Explain the Fifth Amendment approach to interrogations and Miranda rights.

Level: Intermediate 17) A Miranda waiver must be: A) Knowing B) Intelligent C) Voluntary D) All of the above Answer: D Page Ref: 211 Objective: Explain the Fifth Amendment approach to interrogations and Miranda rights.

Level: Basic 18) In which recent case did the Supreme Court reaffirm Miranda?

A) Massiah v. United States B) Dickerson v. United States C) Harris v. New York D) United States v. Bayer Answer: B Page Ref: 214 Objective: Explain the Fifth Amendment approach to interrogations and Miranda rights.

Level: Intermediate 19) Which exception to Miranda exists if there is a threat to third parties?

A) Exigent circumstances B) Public safety C) Emergency D) Impracticality Answer: B Page Ref: 214 Objective: Explain the Fifth Amendment approach to interrogations and Miranda rights.

Level: Intermediate 20) Which of the following is the “Christian burial” case in which the Supreme Court held that the police violated the suspect’s Sixth Amendment rights by deliberately engaging in conduct designed to elicit incriminating information?

A) Miranda v. Arizona B) United States v. Henry C) Brewer v. Williams D) Kuhlmann v. Wilson Answer: C Page Ref: 199

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Objective: Summarize how the Sixth Amendment impacts interrogations and confessions.

Level: Intermediate 21) With respect to the Sixth Amendment approach to confessions and interrogations, which of the following can be considered a formal criminal proceeding?

A) Indictment B) Arraignment C) Formal charge D) All of the above Answer: D Page Ref: 200 Objective: Summarize how the Sixth Amendment impacts interrogations and confessions.

Level: Intermediate 22) When a suspect makes an involuntary statement, their statement will not be admissible in a criminal trial to prove guilt. This is known as the: A) Miranda approach B) Massiah doctrine C) Due process voluntariness approach D) Fifth Amendment rule Answer: C Page Ref: 197 Objective: Summarize how due process and voluntariness impact interrogations and confessions.

Level: Basic 23) What do the courts pay attention to when deciding whether a confession is voluntary?

A) The nature of the police conduct B) The characteristics of the accused C) Whether or not force was used D) All of the above Answer: D Page Ref: 197-198 Objective: Summarize how due process and voluntariness impact interrogations and confessions.

Level: Basic 24) Which of the following, by itself, will automatically render a confession involuntary?

A) Psychological pressures B) Promises of leniency C) Deception D) None of the above Answer: D Page Ref: 198

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Objective: Summarize how due process and voluntariness impact interrogations and confessions.

Level: Intermediate 25) Which of the following can be considered “characteristics of the accused” that may render a confession involuntary?

A) Age B) Mental history C) Fatigue D) All of the above Answer: D Page Ref: 199 Objective: Describe when unconstitutionally obtained confessions are admissible in court to prove guilt.

Level: Basic 26) Physical evidence obtained in violation of Miranda is admissible, as long as the information supplied by the accused is: A) Voluntary in the Fourteenth Amendment’s due process sense B) Not obtained in violation of the Fifth Amendment C) Not obtained in violation of the Sixth Amendment D) Obtained with a search warrant Answer: B Page Ref: 216 Objective: Describe when unconstitutionally obtained confessions are admissible in court to prove guilt.

Level: Intermediate 27) Police should document every interrogation and: A) Have every interrogation done with a witness B) Keep an interview log C) Have the suspect give a general description D) All of the above Answer: B Page Ref: 217 Objective: Explain how a confession should be documented.

Level: Intermediate 8.2 True/False Questions 1) If a person fails to assert Fifth Amendment protection, and a waiver is knowingly, voluntarily, and intelligently given, then whatever that person says will be admissible.

Answer: TRUE Page Ref: 209

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Objective: Summarize how due process and voluntariness impact interrogations and confessions.

Level: Intermediate 2) Once the defendant takes the stand, they can be compelled to answer questions.

Answer: TRUE Page Ref: 202 Objective: Explain the Fifth Amendment approach to interrogations and Miranda rights.

Level: Basic 3) Physical evidence is protected by the Fifth Amendment.

Answer: FALSE Page Ref: 202 Objective: Explain the Fifth Amendment approach to interrogations and Miranda rights.

Level: Basic 4) The only person who can assert Fifth Amendment protection is the person being compelled to answer a question.

Answer: TRUE Page Ref: 203 Objective: Explain the Fifth Amendment approach to interrogations and Miranda rights.

Level: Intermediate 5) A mere conversation between police officers designed to elicit an incriminating response⎯even if the conversation is not directed toward the suspect⎯can require Miranda warnings.

Answer: TRUE Page Ref: 207 Objective: Explain the Fifth Amendment approach to interrogations and Miranda rights.

Level: Intermediate 6) According to the Supreme Court in Miranda, custody exists only when a person has been taken into custody and formally arrested.

Answer: FALSE Page Ref: 204 Objective: Explain the Fifth Amendment approach to interrogations and Miranda rights.

Level: Basic 7) Minor offenses do not require the Miranda.

Answer: FALSE Page Ref: 206 Objective: Explain the Fifth Amendment approach to interrogations and Miranda rights.

Level: Basic 8) Miranda warnings are required, even if public safety is in jeopardy.

Answer: FALSE Page Ref: 213

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Objective: Explain the Fifth Amendment approach to interrogations and Miranda rights.

Level: Intermediate 9) As a general rule, questioning must cease once an accused asserts their right to remain silent.

Answer: TRUE Page Ref: 212 Objective: Explain the Fifth Amendment approach to interrogations and Miranda rights.

Level: Intermediate 10) The police conduct in the “Christian burial” case violated the suspect’s Fourteenth Amendment due process rights.

Answer: FALSE Page Ref: 199 Objective: Summarize how the Sixth Amendment impacts interrogations and confessions.

Level: Intermediate 11) Physical brutality to coerce a confession violates the Fourteenth Amendment.

Answer: TRUE Page Ref: 198 Objective: Summarize how due process and voluntariness impact interrogations and confessions.

Level: Basic 12) In some instances, fatigue and pain can render an accused’s statement involuntary.

Answer: TRUE Page Ref: 198 Objective: Summarize how due process and voluntariness impact interrogations and confessions.

Level: Basic 13) It is legally required to secure a signed statement documenting the confession.

Answer: FALSE Page Ref: 217 Objective: Explain how a confession should be documented.

Level: Basic 14) An indictment can be considered a formal criminal proceeding.

Answer: TRUE Page Ref: 200 Objective: Summarize how the Sixth Amendment impacts interrogations and confessions.

Level: Intermediate 15) The police can use legally use deception to get a suspect to confess.

Answer: TRUE Page Ref: 211

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Objective: Explain the Fifth Amendment approach to interrogations and Miranda rights.

Level: Intermediate 16) The Supreme Court held that physical evidence derived from a confession obtained in violation of Miranda is admissible, as long as the information supplied by the accused is voluntary in the due process sense.

Answer: TRUE Page Ref: 216 Objective: Describe when unconstitutionally obtained confessions are admissible in court to prove guilt.

Level: Intermediate 17) Police need to follow specific procedures for documenting and reporting a confession.

Answer: TRUE Page Ref: 217 Objective: Explain how a confession should be documented.

Level: Intermediate 18) It is enough for a police officer to have a suspect verbally state that they did the offense in question.

Answer: FALSE Page Ref: 217 Objective: Explain how a confession should be documented.

Level: Intermediate 8.3 Fill in the Blank Questions 1) A confession statement should be signed by the suspect, the officer who conducted the interrogation, and at least one ________.

Answer: Witness Page Ref: 217 Objective: Explain how a confession should be documented.

Level: Basic 2) Miranda is defined ________ as “questioning initiated by law enforcement officers.”

Answer: Interrogation Page Ref: 207 Objective: Explain the Fifth Amendment approach to interrogations and Miranda rights.

Level: Intermediate 3) Deliberate elicitation is a tactic in which officers create a situation likely to induce a suspect into making a(n) ________ statement.

Answer: Incriminating Page Ref: 199 Objective: Summarize how the Sixth Amendment impacts interrogations and confessions.

Level: Intermediate

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4) The portion of the Fifth Amendment which provides that no person “shall be compelled in any criminal case to be a witness against himself” is known as the ________ clause.

Answer: Self-incrimination Page Ref: 202 Objective: Explain the Fifth Amendment approach to interrogations and Miranda rights.

Level: Intermediate 5) The so-called ________ examination rule ensures that witnesses at either a trial or a grand jury hearing can be compelled to answer questions once they waive their Fifth Amendment privilege and begin to testify.

Answer: Fair Page Ref: 202 Objective: Explain the Fifth Amendment approach to interrogations and Miranda rights.

Level: Intermediate 6) The right to council is guaranteed by the ________ Amendment.

Answer: Sixth Page Ref: 199 Objective: Summarize how the Sixth Amendment impacts interrogations and confessions.

Level: Basic 7) Miranda v. Arizona held that the compulsion protected against by the Fifth Amendment privilege against self-incrimination occurs in police ________ interrogation.

Answer: Custodial Page Ref: 203 Objective: Explain the Fifth Amendment approach to interrogations and Miranda rights.

Level: Intermediate 8) Harris v. New York held that admissions made without proper Miranda warnings being administered could be introduced into evidence to ________ a defendant who testifies at his trial.

Answer: Impeach Page Ref: 215 Objective: Describe when unconstitutionally obtained confessions are admissible in court to prove guilt.

Level: Basic 9) In addition to the requirement that a valid Miranda waiver must be knowing and intelligent, it must also be ________.

Answer: Voluntary Page Ref: 209 Objective: Explain the Fifth Amendment approach to interrogations and Miranda rights.

Level: Basic

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10) The Supreme Court has held that ________ evidence obtained in violation of Miranda is admissible, as long as the information supplied by the accused is voluntary in the due process sense.

Answer: Physical Page Ref: 216 Objective: Describe when unconstitutionally obtained confessions are admissible in court to prove guilt.

Level: Basic 8.4 Matching Questions 8-1. Match the term listed in Column 1 to the correct definition in Column 2.

A) The requirement that a witness, including the defendant, at either a trial or a grand jury hearing can be compelled to answer questions once they waive Fifth Amendment protection and begin to testify B) The opposite of testimonial evidence. Can include murder weapons, documents, and even the results from police lineups.

C) In the Sixth Amendment right to counsel context, this occurs when police officers create a situation likely to induce a suspect into making an incriminating statement.

D) Express questioning (e.g., “Where were you on the night of the crime?”) or the functional equivalent of a question E) Typically an arrest F) Loosely defined to include incriminating statements made at any point during the criminal justice process, whether or not the person making such statements is under oath.

G) When a person implicates themselves in criminal activity following police questioning and/or interrogation H) The requirement that any confession be voluntary under the “totality of circumstances” I) When a person can simply admit to involvement in a crime without any police encouragement J) In the Sixth Amendment right to counsel context, either a formal charge, a preliminary hearing, indictment, information, or arraignment 1) Admission Page Ref: 197 Objective: n/a Level: Basic 2) Confession Page Ref: 197 Objective: n/a Level: Basic

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3) Custody Page Ref: 204 Objective: n/a Level: Basic 4) Deliberate elicitation Page Ref: 199 Objective: n/a Level: Basic 5) Due process voluntariness approach Page Ref: 197 Objective: n/a Level: Basic 6) Fair examination rule Page Ref: 202 Objective: n/a Level: Basic 7) Formal criminal proceeding Page Ref: 200 Objective: n/a Level: Basic 8) Interrogation Page Ref: 207 Objective: n/a Level: Basic 9) Physical evidence Page Ref: 202 Objective: n/a Level: Basic 10) Testimonial evidence Page Ref: 202 Objective: n/a Level: Basic Answers: 1) I 2) G 3) E 4) C 5) H 6) A 7) J 8) D 9) B 10) F 8.5 Essay Questions 1) The exclusionary rule operates differently in the confessions/interrogation context (compared to in the Fourth Amendment context). Explain the difference.

Answer: Good answers should explain that in the Fourth Amendment context illegally obtained evidence and its derivatives are excluded from use as evidence. But with the Fourteenth Amendment, involuntary statements of physical evidence obtained in violation of Miranda 343 Copyright © 2024 Pearson Education, Inc.

are admissible. Students should incorporate United States v. Bayer and Michigan v. Tucker into their answers.

Page Ref: 215-217 Objective: Describe when unconstitutionally obtained confessions are admissible in court to prove guilt.

Level: Difficult 2) Explain the role of the Fourteenth Amendment’s due process clause regarding confessions.

Answer: Good answers should explain what makes certain confessions involuntary and discuss the holding of Fikes v. Alabama, which defined involuntary as under the “totality of circumstances that preceded the confessions,” where in the defendant is deprived of their “power of resistance.” Students should then explain that courts look at two issues: 1. the police conduct in question, and 2. the characteristics of the accused. Examples should be given of each.

Page Ref: 197-199 Objective: Summarize how due process and voluntariness impact interrogations and confessions.

Level: Difficult 3) Explain the four components of the self-incrimination clause.

Answer: The four components are: a person cannot be compelled, in any criminal case, to be a witness, and against oneself.

Page Ref: 202-203 Objective: Explain the Fifth Amendment approach to interrogations and Miranda rights.

Level: Basic 4) Summarize the deliberate elicitation findings in Massiah v. United States (1964) and Brewer v. Williams (1977).

Answer: Massiah established the rule that the Sixth Amendment’s guarantee to counsel in all “formal criminal proceedings” is violated when the government “deliberately elicits” incriminating responses from a person. Massiah made incriminating statements in the car of a friend who had allowed the government to install eavesdropping equipment. Williams, while being transported, replied to comments from an officer and effectively admitted to murder and provided directions on how to find the body. This statement came after Brewer’s attorney advised him not to talk and the police promised not to question the defendant during the trip. Although the police advised Williams not to answer them, the Court found that the officers deliberately and designedly set out to elicit information from Williams.

Page Ref: 199 Objective: Summarize how the Sixth Amendment impacts interrogations and confessions.

Level: Intermediate 5) Identify the contents of a typical interview log.

Answer: The elements that should be included are: the identity of the person interviewed, the identity of officers conducting the interview, the location of the interview, the date of the interview, the time of arrest (if applicable), the identity of the arresting officers, the time the interview began, the time the officers informed the subject/suspect of their rights, the time the subject/suspect waived those rights, the time the interview concluded, the time preparation of statement commenced, the identity of the person preparing the statement, the time the statement was completed, the time

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the subject/suspect reviewed and signed the written statement, and a record of all requests and complaints by the subject/suspect.

Page Ref: 217 Objective: Explain how a confession should be documented.

Level: Basic 8.6 Critical Thinking Questions 1) What is your opinion of the Supreme Court’s decision in Miranda? Is Miranda necessary? Why do you feel this way?

Answer: Good answer will address the holding and purpose of the Miranda decision. Then students should take a position and support it in light of the court’s reasoning.

Page Ref: 203-215 Objective: Explain the Fifth Amendment approach to interrogations and Miranda rights.

Level: Difficult 2) The Supreme Court recently revisited Miranda in the Dickerson case. Do you agree or disagree with the Dickerson holding? Explain your answer.

Answer: Good answers will highlight the holdings of both the Miranda decision and the Supreme Court reaffirmation of Miranda in Dickerson. Students should support their answers in light of those purposes.

Page Ref: 214-215 Objective: Explain the Fifth Amendment approach to interrogations and Miranda rights.

Level: Difficult

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Criminal Procedure, 7e (Worrall) Chapter 9 Identification Procedures and the Role of Witnesses 9.1 Multiple Choice Questions 1) In which case did the Supreme Court hold that the accused must be provided with counsel during post-indictment lineups?

A) United States v. Wade B) Gideon v. Wainwright C) Stovall v. Denno D) Neil v. Biggers Answer: A Page Ref: 224 Objective: Summarize constitutional restrictions that govern the identification process.

Level: Basic 2) In which case did the Supreme Court hold that the accused is entitled to protection against procedures “so unnecessarily suggestive and conducive to irreparable mistaken identification” as to amount to a due process violation?

A) United States v. Wade B) Gideon v. Wainwright C) Stovall v. Denno D) Neil v. Biggers Answer: C Page Ref: 225 Objective: Outline pretrial suspect identification techniques.

Level: Basic 3) The accused enjoys which of the following during identification procedures?

A) Fourth Amendment protection B) Fifth Amendment protection C) Civic protections D) Due process protections Answer: D Page Ref: 225 Objective: Summarize constitutional restrictions that govern the identification process.

Level: Basic 4) Which of the following constitutional provisions places restrictions on identification procedures?

A) First Amendment B) Fifth Amendment

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C) Sixth Amendment D) Thirteenth Amendment Answer: C Page Ref: 227 Objective: Outline pretrial suspect identification techniques.

Level: Basic 5) What justification is necessary in order to compel a person who is already in custody to participate in a lineup?

A) Probable cause B) Reasonable suspicion C) Proof beyond a reasonable doubt D) Lineups exhibit physical characteristics and not testimonial evidence.

Answer: D Page Ref: 227 Objective: Outline pretrial suspect identification techniques.

Level: Intermediate 6) In which case did the Supreme Court hold that an illegally conducted lineup does not invalidate later identifications resulting from an “independent source”?

A) Gideon v. Wainwright B) Mapp v. Ohio C) United States v. Wade D) Miranda v. Arizona Answer: C Page Ref: 240 Objective: Explain how the exclusionary rule operates in the identification context.

Level: Intermediate 7) If a suspect refuses to participate in a lineup, they can be: A) Sued B) Thrown in prison C) Charged with contempt D) Released Answer: C Page Ref: 227 Objective: Outline pretrial suspect identification techniques.

Level: Intermediate 8) Which of the following is a type of identification procedure?

A) Lineup B) Show-up

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C) Photographic array D) All of the above Answer: D Page Ref: 227 Objective: Outline pretrial suspect identification techniques.

Level: Intermediate 9) An overly suggestive lineup violates which amendment?

A) Fourth Amendment B) Fifth Amendment C) Sixth Amendment D) Fourteenth Amendment Answer: D Page Ref: 227 Objective: Outline pretrial suspect identification techniques.

Level: Basic 10) When identification procedures violate constitutional provisions, the results from such procedures cannot be considered: A) Legal searches B) As tainted C) Admissible in a criminal trial D) All of the above Answer: C Page Ref: 239 Objective: Explain how the exclusionary rule operates in the identification context.

Level: Intermediate 11) 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 their place in line.

D) All of the above Answer: D Page Ref: 227 Objective: Outline pretrial suspect identification techniques.

Level: Basic 12) 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 348 Copyright © 2024 Pearson Education, Inc.

Answer: D Page Ref: 231 Objective: Outline pretrial suspect identification techniques.

Level: Basic 13) What do show-ups consist of?

A) The suspect B) At least five people C) The suspect and the suspect’s attorney D) At least two people Answer: A Page Ref: 228 Objective: Outline pretrial suspect identification techniques.

Level: Basic 14) Which of the following is always preferable to show-ups?

A) Lineups B) Single photographic identification C) Video arrays D) In-court show-ups Answer: A Page Ref: 228 Objective: Outline pretrial suspect identification techniques.

Level: Basic 15) 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 Answer: A Page Ref: 240 Objective: Explain how the exclusionary rule operates in the identification context.

Level: Basic 16) Identifications resulting from illegal searches and seizures are: A) Never admissible B) Always admissible C) Sometimes admissible D) None of the above Answer: C Page Ref: 241

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Objective: Explain how the exclusionary rule operates in the identification context.

Level: Intermediate 17) When a witness identifies the suspect for the first time in court, this is best known as a(n): A) Trial identification B) Trial showup C) In-court identification D) In-court showup Answer: D Page Ref: 229 Objective: Outline pretrial suspect identification techniques.

Level: Basic 18) Which of the following deals with whether the witness’s testimony is to be believed?

A) Credibility B) Impeachment C) Competency D) Discrediting Answer: A Page Ref: 236 Objective: Summarize identification techniques during the trial and issues involving witness credibility.

Level: Basic 19) Which of the following is the formal legal term for bolstering a witness’s credibility?

A) Credibility B) Impeachment C) Competency D) Accrediting Answer: D Page Ref: 236 Objective: Summarize identification techniques during the trial and issues involving witness credibility.

Level: Basic 20) Which of the following terms pertains to a witness’s ability to remember events, communicate effectively, and understand the importance of telling the truth?

A) Credibility B) Impeachment C) Competence D) Accrediting Answer: C Page Ref: 236 350 Copyright © 2024 Pearson Education, Inc.

Objective: Summarize identification techniques during the trial and issues involving witness credibility.

Level: Basic 21) Which case addressed that specific rules govern the processes of accrediting and discrediting a witness’s credibility?

A) United States v. Price B) People v. Banks C) Manson v. Braithwaite D) Simmons v. United States Answer: A Page Ref: 236 Objective: Summarize identification techniques during the trial and issues involving witness credibility.

Level: Basic 22) Attacking a witness’s credibility is referred to as: A) Liable B) Discrediting C) Impeachment D) None of the above Answer: C Page Ref: 237 Objective: Summarize identification techniques during the trial and issues involving witness credibility.

Level: Basic 23) When the credibility of a witness is attacked, the side that produced the witness can take steps to bolster their credibility, either by calling other witnesses or introducing other evidence. This process is known as: A) Restructuring B) Rehabilitation C) Redistricting D) Transforming Answer: B Page Ref: 238 Objective: Summarize identification techniques during the trial and issues involving witness credibility.

Level: Intermediate 24) Which type of in-court questioning occurs when a defense witness is first questioned by the defense attorney during the prosecution’s case?

A) Direct examination B) Cross-examination

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C) Redirect examination D) Re-cross-examination Answer: A Page Ref: 238 Objective: Summarize identification techniques during the trial and issues involving witness credibility.

Level: Basic 25) Which type of in-court questioning occurs when a defense witness is questioned by the prosecutor during the defense’s case?

A) Cross-examination B) Direct examination C) Redirect examination D) Re-cross-examination Answer: A Page Ref: 239 Objective: Summarize identification techniques during the trial and issues involving witness credibility.

Level: Basic 26) A question that suggests an answer is known as a: A) Specific question B) Redirect question C) Double-barreled question D) Leading question Answer: D Page Ref: 235 Objective: Summarize identification techniques during the trial and issues involving witness credibility.

Level: Basic 27) A show-up is usually conducted outside the courtroom and: A) When the suspect is apprehended shortly after having committed the crime B) When the witness is still at or near the scene of the crime C) When a witness is immobile and cannot be present at a lineup D) All of the above Answer: D Page Ref: 228 Objective: Summarize identification techniques during the trial and issues involving witness credibility.

Level: Intermediate

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28) Which of the following is sometimes desirable to facilitate prompt identification when time is of the essence?

A) Lineups B) Show-ups C) Photographic arrays D) In-court show-ups Answer: B Page Ref: 229 Objective: Summarize identification techniques during the trial and issues involving witness credibility.

Level: Basic 29) An in-court identification that is influenced by an improper out-of-court identification is called a(n): A) Tainted identification B) Suggestive lineup C) Discredited identification D) Impeached verdict Answer: A Page Ref: 239 Objective: Summarize identification techniques during the trial and issues involving witness credibility.

Level: Basic 9.2 True/False Questions 1) The three most common types of identification procedures are lineups, show-ups, and in-court identification.

Answer: TRUE Page Ref: 227 Objective: Outline pretrial suspect identification techniques.

Level: Basic 2) Suspects can be forced to participate in lineups.

Answer: TRUE Page Ref: 227 Objective: Outline pretrial suspect identification techniques.

Level: Intermediate 3) In particular, an overly suggestive lineup violates due process.

Answer: TRUE Page Ref: 227 Objective: Outline pretrial suspect identification techniques.

Level: Basic

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4) Show-ups are usually conducted in court.

Answer: FALSE Page Ref: 228 Objective: Outline pretrial suspect identification techniques.

Level: Basic 5) A show-up is a one-on-one confrontation between the victim and the offender, usually conducted outside the courtroom setting.

Answer: TRUE Page Ref: 228 Objective: Outline pretrial suspect identification techniques.

Level: Basic 6) Rehabilitation occurs during the redirect examination, which follows the cross-examination.

Answer: TRUE Page Ref: 238 Objective: Summarize identification techniques during the trial and issues involving witness credibility.

Level: Intermediate 7) To minimize due process problems, several photographs of different-looking individuals should be shown to the witness or victim so as to minimize unnecessary suggestiveness.

Answer: FALSE Page Ref: 230 Objective: Outline pretrial suspect identification techniques.

Level: Intermediate 8) Competency pertains, among other things, to a witness’s ability to remember events.

Answer: TRUE Page Ref: 236 Objective: Summarize identification techniques during the trial and issues involving witness credibility.

Level: Basic 9) A witness can be discredited when the prosecution or defense challenges the witness’s credibility.

Answer: TRUE Page Ref: 236 Objective: Summarize identification techniques during the trial and issues involving witness credibility.

Level: Basic 10) Impeachment generally begins on re-direct examination.

Answer: FALSE Page Ref: 237

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Objective: Summarize identification techniques during the trial and issues involving witness credibility.

Level: Basic 11) In U.S. v. Wade the Court ruled that a defendant has a right to a lawyer at a post-indictment lineup.

Answer: TRUE Page Ref: 224 Objective: Summarize constitutional restrictions that govern the identification process.

Level: Intermediate 12) There is no Sixth Amendment right to counsel during photographic identifications.

Answer: TRUE Page Ref: 231 Objective: Outline pretrial suspect identification techniques.

Level: Basic 13) The accused must be provided with counsel during post-indictment lineups.

Answer: TRUE Page Ref: 225 Objective: Summarize constitutional restrictions that govern the identification process.

Level: Basic 14) Witnesses are prone to mistaken identification, especially in show-up situations.

Answer: TRUE Page Ref: 232 Objective: Explain the problem of witness misidentification and strategies for preventing it.

Level: Intermediate 15) Suspects placed in lineups may also be required to supply voice exemplars.

Answer: TRUE Page Ref: 227 Objective: Outline pretrial suspect identification techniques.

Level: Intermediate 16) If a suspect refuses to participate in a lineup, they can be cited with contempt and the prosecutor may comment at trial about the suspect’s refusal to cooperate.

Answer: TRUE Page Ref: 227 Objective: Outline pretrial suspect identification techniques.

Level: Intermediate 17) A suspect cannot choose their place in line during a police lineup.

Answer: FALSE Page Ref: 227

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Objective: Outline pretrial suspect identification techniques.

Level: Basic 18) Everyone in a lineup should wear different clothing in order to standout from one another.

Answer: FALSE Page Ref: 228 Objective: Outline pretrial suspect identification techniques.

Level: Basic 19) All witnesses should view the lineup together so they can collaborate and make sure they have chosen the correct suspect.

Answer: FALSE Page Ref: 228 Objective: Outline pretrial suspect identification techniques.

Level: Basic 20) A double-blind lineup is one in which the investigator conducting the lineup (or assembling a photo array) does not know who the suspect is.

Answer: TRUE Page Ref: 234 Objective: Explain the problem of witness misidentification and strategies for preventing it.

Level: Basic 9.3 Fill in the Blank Questions 1) In a(n) ________, the suspect is placed alongside several other people who resemble the suspect (sometimes called “fillers,” “foils,” or “distractors”), and the witness (or victim) picks out the suspect.

Answer: Lineup Page Ref: 224 Objective: Outline pretrial suspect identification techniques.

Level: Basic 2) In a(n) ________, the suspect is brought before the witness alone, so the witness can be asked whether that person is the perpetrator.

Answer: Showup Page Ref: 224 Objective: Outline pretrial suspect identification techniques.

Level: Basic 3) A(n) ________ lineup is one in which the investigator conducting the lineup (or assembling a photo array) does not know who the suspect is.

Answer: Double-blind Page Ref: 234

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Objective: Explain the problem of witness misidentification and strategies for preventing it.

Level: Basic 4) ________ pertains to whether the witness’s testimony should be believed.

Answer: Credibility Page Ref: 236 Objective: Summarize identification techniques during the trial and issues involving witness credibility.

Level: Basic 5) ________ pertains to a witness’s ability to remember events, communicate effectively, and understand the importance of telling the truth, as well as the consequences of not doing so.

Answer: Competence Page Ref: 236 Objective: Summarize identification techniques during the trial and issues involving witness credibility.

Level: Basic 6) A witness is ________ when the prosecution or defense challenges the witness’s credibility.

Answer: Discredited Page Ref: 236 Objective: Summarize identification techniques during the trial and issues involving witness credibility.

Level: Basic 7) The process of ________ is when the prosecution or defense attempts to support, bolster, or improve a witness’s credibility.

Answer: Accrediting Page Ref: 236 Objective: Summarize identification techniques during the trial and issues involving witness credibility.

Level: Basic 8) Attacking a witness’s credibility is referred to as ________.

Answer: Impeachment Page Ref: 237 Objective: Summarize identification techniques during the trial and issues involving witness credibility.

Level: Basic 9) ________ are prone to mistaken identification, especially in show-up situations.

Answer: Witnesses Page Ref: 242 Objective: Explain the problem of witness misidentification and strategies for preventing it.

Level: Intermediate

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10) ________ during trial is critical in determining the outcome of a case.

Answer: Identification Page Ref: 242 Objective: Summarize identification techniques during the trial and issues involving witness credibility.

Level: Intermediate 9.4 Matching Questions 9-1. Match the term listed in Column 1 to the correct definition in Column 2.

A) A term concerned with whether the witness’s testimony should be believed B) An identification procedure in which the suspect is brought before the witness (or victim) alone, so the witness can be asked whether that person is the perpetrator C) The formal term for attacking a witness’s credibility (similar to discrediting) D) A lineup procedure in which neither the witness nor the investigator staging the lineup knows who the suspect is E) A flawed lineup that almost ensures the victim or witness will identify the suspect F) A term that refers to a witness’s ability to remember events, communicate effectively, and understand the importance of telling the truth, as well as the consequences of not doing so G) When the prosecution or defense attempts to attack or challenge a witness’s credibility H) An identification that would not have taken place but for some earlier unconstitutional activity I) A goal of sentencing that consists of a planned intervention intended to change behavior (e.g., drug treatment). The process of restoring a witness’s credibility.

J) The process by which the prosecution or defense attempts to support, bolster, or improve a witness’s credibility 1) Accrediting Page Ref: 236 Objective: n/a Level: Basic 2) Competence Page Ref: 236 Objective: n/a Level: Basic 3) Credibility Page Ref: 236 Objective: n/a Level: Basic 4) Discrediting Page Ref: 236

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Objective: n/a Level: Basic 5) Double-blind lineup Page Ref: 234 Objective: n/a Level: Basic 6) Impeachment Page Ref: 237 Objective: n/a Level: Basic 7) Rehabilitation Page Ref: 238 Objective: n/a Level: Basic 8) Showup Page Ref: 224 Objective: n/a Level: Basic 9) Suggestive lineup Page Ref: 227 Objective: n/a Level: Basic 10) Tainted identification Page Ref: 240 Objective: n/a Level: Basic Answers: 1) J 2) F 3) A 4) G 5) D 6) C 7) I 8) B 9) E 10) H 9.5 Essay Questions 1) Why is it that a lineup should consist of several individuals while a show-up consisting of one suspect can be considered constitutional?

Answer: Answers should explain the due process and Sixth Amendment requirements of lineups and the ways to reduce suggestibility in them. Students should then explain that even though lineups are better at avoiding false identifications, showups are permissible in limited circumstances immediately following a crime and if there is a need or desire to have an immediate identification (or exoneration).

Page Ref: 227-230 Objective: Outline pretrial suspect identification techniques.

Level: Difficult

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2) What are some of the proposals to improve how photo arrays are used in investigations in an effort to reduce misidentification?

Answer: Answers should focus on the 1998 U.S. Attorney General’s report on “best practices” in photo identification and the recent efforts and suggestions of the Innocence Project. Four rules suggested by the Attorney General include: •

The person who conducts the lineup or photo spread should not be aware of which member of the lineup or photo spread is the suspect.

•

Eyewitnesses should be told explicitly that the person in question might not be in the lineup or photo spread and therefore should not feel that they must make an identification.

•

They should also be told that the person administering the lineup does not know which person is the suspect in the case.

•

The suspect should not stand out in the lineup or photo spread as being different from the distractors based on the eyewitness’s previous description of the culprit or based on other factors that would draw extra attention to the suspect.

A clear statement should be taken from the eyewitness at the time of the identification and prior to any feedback as to their confidence that the identified person is the actual culprit. Double blind techniques where the officer showing the photo array is unaware of the suspect identity is an important new recommendation.

Page Ref: 230-232 Objective: Explain the problem of witness misidentification and strategies for preventing it.

Level: Difficult 3) What are the common ways used to rehabilitate a witness?

Answer: If the credibility of a witness is attacked, the side that produced the witness can take steps to bolster the credibility. There are three common ways to rehabilitate a witness. The first is to argue that the witness was untruthful in the past but is now telling the truth. A second means is to argue that a contradictory or inconsistent statement was taken out of context. A third way is to bolster the credibility of the witness by introducing other evidence or statements made by the witness prior to the case that are in opposition of what was under scrutiny.

Page Ref: 238 Objective: Summarize identification techniques during the trial and issues involving witness credibility.

Level: Intermediate 4) Explain how “reliable” and “suggestiveness” are required to satisfy the due process clause for identification.

Answer: Reliability is determined in light of the facts and circumstances surrounding the case. They include the opportunity of the witness to view the defendant at the time of the crime, the witness’s degree of attention, the accuracy of the witness’s prior description of the defendant, the level of certainty demonstrated by the witness at the confrontation, and the length of time between the crime and the confrontation. Reliability is more important than suggestiveness.

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Suggestiveness involves the procedure in which the witness or victim picks the perpetrator out of a lineup, showup, or photographic array. If the process is set up to help or ensure the witness/victim picks the perpetrator, due process will have been violated.

Page Ref: 225 Objective: Summarize constitutional restrictions that govern the identification process.

Level: Basic 5) Why are in-court identifications viewed cautiously by courts?

Answer: In most situations the defendant is sitting in the courtroom not surrounded by anyone else matching their description (as in a lineup). Additionally, the suspect may be wearing prison coveralls, giving them the appearance of being guilty.

Page Ref: 239 Objective: Explain how the exclusionary rule operates in the identification context.

Level: Basic 9.6 Critical Thinking Questions 1) How reliable are people in terms of identifying suspects in lineups, showups, and photo arrays? How would you feel going on trial on the basis of a single eyewitness who is a stranger to you with your liberty or life on the line?

Answer: Answers should discuss the pretrial identification techniques of lineups, showups, and photographic arrays, and the issues related to each. The focus here is really on steps that increase reliability and whether or not they were followed. Finally, students could talk about how pretrial identifications are used at trial and the suggestibility of the defendant being the suspect in light of their presence in court.

Page Ref: 227-235 Objective: Explain the problem of witness misidentification and strategies for preventing it.

Level: Difficult 2) Explain how the exclusionary rule is applied differently to identifications than other types of evidence and the relevant cases on the issue. Should there be a difference? Why or why not?

Answer: Good answers should discuss the means by which identifications will be excluded. Relevant cases should be cited and discussed. The student’s focus should be on misidentification and identification from illegal searches and seizures.

Page Ref: 239-241 Objective: Explain how the exclusionary rule operates in the identification context.

Level: Difficult

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Criminal Procedure, 7e (Worrall) Chapter 10 The Pretrial Process 10.1 Multiple Choice Questions 1) Which of the following is/are activity(ies) associated with booking?

A) Completing paperwork B) Photographing the arrestee C) Arrestee contacting counsel and/or other individuals D) All of the above Answer: D Page Ref: 247 Objective: Explain the purpose and process of the initial appearance.

Level: Basic 2) The initial appearance is sometimes called a(n): A) Arraignment B) Preliminary hearing C) Presentment D) Indictment Answer: C Page Ref: 247 Objective: Explain the purpose and process of the initial appearance.

Level: Basic 3) Which of the following occurs at the initial appearance in a criminal case?

A) Explanation of the reason for being detained on criminal charges is explained B) Advisement of the right against self-incrimination C) Appointment of counsel if needed D) All of the above Answer: D Page Ref: 247 Objective: Explain the purpose and process of the initial appearance.

Level: Basic 4) With regard to how soon the initial appearance must take place after arrest, delays of how much time are usually unacceptable?

A) One hour B) Two hours C) More than six hours D) There are no limits.

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Answer: C Page Ref: 247 Objective: Explain the purpose and process of the initial appearance.

Level: Intermediate 5) Once they are arrested and booked, suspects are then brought before a magistrate in what is known as the: A) Initial appearance B) Preliminary hearing C) Arraignment D) Trial Answer: A Page Ref: 247 Objective: Explain the purpose and process of the initial appearance.

Level: Basic 6) In which case did the Supreme Court hold that a probable cause hearing is required shortly following a warrantless arrest?

A) Tennessee v. Garner B) Gerstein v. Pugh C) Riverside County v. McLaughlin D) Stack v. Boyle Answer: B Page Ref: 248 Objective: Explain the purpose and the process of the probable cause hearing.

Level: Intermediate 7) When is a probable cause hearing unnecessary?

A) Arrests with a warrant B) Warrantless arrests C) Terry stops D) Serious felony cases Answer: A Page Ref: 248 Objective: Explain the purpose and the process of the probable cause hearing.

Level: Basic 8) Which of the following is an unacceptable reason for delaying a probable cause hearing?

A) Unavailability of a magistrate B) Unavoidable delays in transporting the suspect C) Waiting for the presence of the arresting officer D) Gathering additional evidence against the accused

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Answer: D Page Ref: 249 Objective: Explain the purpose and the process of the probable cause hearing.

Level: Intermediate 9) A pretrial release hearing is: A) A common practice resulting from numerous court decisions B) Optional and in the judge’s discretion C) Desirable for felonies D) Required by the constitution Answer: A Page Ref: 250 Objective: Summarize bail and other types of pretrial release.

Level: Basic 10) With bail bonds agents, the power is given to: A) The person posting the bond B) The suspect C) The courts D) The agents themselves Answer: D Page Ref: 252 Objective: Summarize bail and other types of pretrial release.

Level: Intermediate 11) 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 Answer: C Page Ref: 252 Objective: Summarize bail and other types of pretrial release.

Level: Basic 12) For which of the following crimes would release on recognizance most likely be ordered?

A) Murders B) Rapes C) Robberies D) Petty thefts Answer: D Page Ref: 252 364 Copyright © 2024 Pearson Education, Inc.

Objective: Summarize bail and other types of pretrial release.

Level: Basic 13) 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 Answer: D Page Ref: 253 Objective: Summarize bail and other types of pretrial release.

Level: Basic 14) 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 Answer: C Page Ref: 251 Objective: Summarize bail and other types of pretrial release.

Level: Basic 15) 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 Answer: C Page Ref: 256 Objective: Explain the purpose and process of the preliminary hearing.

Level: Basic 16) The preliminary hearing serves as a check on which of the following?

A) The prosecutor’s charging decision B) A police officer’s decision to arrest C) A police officer’s charging decision D) A judge’s decision whether or not to hear the case Answer: A Page Ref: 256 Objective: Explain the purpose and process of the preliminary hearing.

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17) Which is the appropriate standard of proof associated with preliminary hearings?

A) Reasonable suspicion B) Probable cause C) Preponderance of evidence D) Proof beyond a reasonable doubt Answer: B Page Ref: 256 Objective: Explain the purpose and process of the preliminary hearing.

Level: Basic 18) 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 Answer: D Page Ref: 257 Objective: Explain the purpose and process of the preliminary hearing.

Level: Basic 19) 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 Answer: C Page Ref: 256 Objective: Explain the purpose and process of the preliminary hearing.

Level: Intermediate 20) Once a person has been formally charged, they will be: A) Released prior to trial B) Arraigned C) Scheduled for a probable cause hearing D) Sent to jail Answer: B Page Ref: 258 Objective: Summarize the arraignment process.

Level: Intermediate

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21) Which of the actions below may be taken at an arraignment?

A) The judge will advise the accused of the charges.

B) The accused may plead guilty.

C) The accused may plead not guilty and request a jury trial.

D) All of the above may occur.

Answer: D Page Ref: 258 Objective: Summarize the arraignment process.

Level: Basic 22) According to the Federal Rules of Criminal Procedure, the defense may discover which of the following from the prosecution?

A) Transcriptions of oral statements made by the defendant B) The defendant’s prior criminal record C) Results from physical and/or mental evaluations D) All of the above Answer: D Page Ref: 259 Objective: Summarize the discovery process.

Level: Intermediate 23) Which of the following statements is true concerning discovery?

A) The defense can learn about aspects of the prosecution’s case.

B) The prosecution can learn about aspects of the defense’s case.

C) The prosecution is limited in terms of what it can “discover.”

D) All of the above Answer: D Page Ref: 259 Objective: Summarize the discovery process.

Level: Basic 24) Which of the following refers to discovery that “works both ways”?

A) Work product B) Nonreciprocal discovery C) Reciprocal discovery D) None of the above Answer: C Page Ref: 263 Objective: Summarize the discovery process.

Level: Basic

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25) With regard to discovery, prosecution or defense “strategy” is also referred to as: A) Preparation B) Work product C) Perspective D) Hearsay Answer: B Page Ref: 260 Objective: Summarize the discovery process.

Level: Basic 26) If the prosecution fails to disclose exculpatory evidence, which amendment is violated?

A) Fourteenth Amendment B) Eighth Amendment C) Fifth Amendment D) Fourth Amendment Answer: A Page Ref: 270 Objective: Summarize the discovery process.

Level: Intermediate 27) The prosecution is only bound to disclose exculpatory evidence that would have what probability of changing the outcome of the case?

A) Guaranteed B) Reasonable C) Likely D) None of the above Answer: B Page Ref: 265 Objective: Summarize the discovery process.

Level: Intermediate 28) Which term(s) is/are used to describe the defendant’s explanation to the judge concerning their guilty plea?

A) Allocution B) Narrative C) Supporting statement D) All of the above may be used.

Answer: A Page Ref: 258 Objective: Summarize the arraignment process.

Level: Intermediate

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10.2 True/False Questions 1) All jurisdictions require an initial appearance.

Answer: FALSE Page Ref: 247 Objective: Explain the purpose and process of the initial appearance.

Level: Basic 2) The purpose of the initial appearance is to determine what charges should be brought against the accused.

Answer: FALSE Page Ref: 247 Objective: Explain the purpose and process of the initial appearance.

Level: Basic 3) Probable cause hearings follow arrests with warrants.

Answer: FALSE Page Ref: 248 Objective: Explain the purpose and the process of the probable cause hearing.

Level: Intermediate 4) In Riverside County v. McLaughlin, the Supreme Court ruled that probable cause hearings must take place immediately after arrest.

Answer: FALSE Page Ref: 248 Objective: Explain the purpose and the process of the probable cause hearing.

Level: Intermediate 5) All defendants have a constitutional right to bail.

Answer: FALSE Page Ref: 250 Objective: Summarize bail and other types of pretrial release.

Level: Basic 6) Release on recognizance is reserved for non-dangerous defendants.

Answer: TRUE Page Ref: 252 Objective: Summarize bail and other types of pretrial release.

Level: Basic 7) Bail can be denied simply because a person is unable to pay it.

Answer: TRUE Page Ref: 254 Objective: Summarize bail and other types of pretrial release.

Level: Intermediate

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8) Bail may be denied only if the person is a danger to the community.

Answer: FALSE Page Ref: 254 Objective: Summarize bail and other types of pretrial release.

Level: Intermediate 9) In Lem Woon v. Oregon, the Supreme Court ruled that a preliminary hearing is required in all felony cases.

Answer: FALSE Page Ref: 256 Objective: Explain the purpose and process of the preliminary hearing.

Level: Basic 10) The Federal Rules of Criminal Procedure have been interpreted to allow hearsay evidence in preliminary hearings.

Answer: TRUE Page Ref: 257 Objective: Explain the purpose and process of the preliminary hearing.

Level: Intermediate 11) Preliminary hearings take place before the prosecutor’s charging decision.

Answer: FALSE Page Ref: 256 Objective: Explain the purpose and process of the preliminary hearing.

Level: Intermediate 12) In some ways the preliminary hearing resembles a criminal trial in that it is usually adversarial.

Answer: TRUE Page Ref: 256 Objective: Explain the purpose and process of the preliminary hearing.

Level: Basic 13) Whether or not a preliminary hearing is required typically depends on a jurisdiction’s method of filing charges.

Answer: TRUE Page Ref: 256 Objective: Explain the purpose and process of the preliminary hearing.

Level: Basic 14) The purpose of arraignment is to determine whether enough evidence exists to proceed to trial.

Answer: FALSE Page Ref: 258 Objective: Summarize the arraignment process.

Level: Intermediate

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15) The U.S. justice system starts with the presumption of innocence, and everyone accused is offered some type of bond.

Answer: FALSE Page Ref: 250 Objective: Summarize bail and other types of pretrial release.

Level: Intermediate 16) Work product is off limits and not part of the discovery process.

Answer: TRUE Page Ref: 260 Objective: Summarize the discovery process.

Level: Basic 17) The materiality of evidence requested under Brady v. Maryland is decided by the trial judge.

Answer: FALSE Page Ref: 264 Objective: Summarize the discovery process.

Level: Intermediate 18) The Supreme Court has ruled that the prosecution has a duty to preserve exculpatory evidence.

Answer: TRUE Page Ref: 268 Objective: Summarize the discovery process.

Level: Intermediate 19) The Supreme Court has held that the prosecution need only supply the defense with evidence that is material.

Answer: TRUE Page Ref: 270 Objective: Summarize the discovery process.

Level: Intermediate 10.3 Fill in the Blank Questions 1) In Gerstein v. Pugh, the Supreme Court held that the ________ Amendment requires a probable cause hearing either before or promptly after arrest.

Answer: Fourth Page Ref: 248 Objective: Explain the purpose and process of the initial appearance.

Level: Intermediate 2) The ________ Amendment states that “excessive bail shall not be required.”

Answer: Eighth Page Ref: 250

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Objective: Summarize bail and other types of pretrial release.

Level: Basic 3) Bail ________ agents collect a fee from persons charged with a crime and then post a bond so that the persons can be released.

Answer: Bond Page Ref: 251 Objective: Summarize bail and other types of pretrial release.

Level: Basic 4) A(n) ________ hearing is intended to prevent hasty, malicious, improvident, and oppressive prosecutions.

Answer: Preliminary Page Ref: 256 Objective: Explain the purpose and process of the preliminary hearing.

Level: Basic 5) The three available pleas at arraignment include guilty, not guilty, or nolo ________.

Answer: Contendere Page Ref: 258 Objective: Summarize the arraignment process.

Level: Intermediate 6) ________ refers to whether evidence is consequential to the case.

Answer: Materiality Page Ref: 259 Objective: Summarize the discovery process.

Level: Intermediate 7) With regard to discovery, “strategy” is also referred to as work ________.

Answer: Product Page Ref: 260 Objective: Summarize the discovery process.

Level: Intermediate 8) In Williams v. Florida, the Supreme Court ruled that requiring the defense to give the prosecution notice of a(n) ________ did NOT violate the Fifth Amendment.

Answer: Alibi Page Ref: 260 Objective: Summarize the discovery process.

Level: Difficult 9) The rule of Brady v. Maryland, which created a limited kind of discovery under the due process clause, applies only to ________ evidence.

Answer: Material Page Ref: 264

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Objective: Summarize the discovery process.

Level: Intermediate 10) The process in which both the prosecution and the defense receive discovery from each other is known as ________ discovery.

Answer: Reciprocal Page Ref: 259 Objective: Summarize the discovery process.

Level: Intermediate 10.4 Matching Questions 10-1. Match the term listed in Column 1 to the correct definition in Column 2.

A) When the defendant explains to the judge exactly what they did and why. The defendant is usually required to allocate when they plead guilty.

B) The first appearance of an accused person before a judge. Trial may occur for misdemeanors.

C) A plea in which the defendant claims responsibility for the crime with which they have been charged D) The process by which each party to a case learns of the evidence that the opposition will present E) A plea in which the defendant does not claim responsibility for the crime with which they have been charged F) The act of denying bail to certain defendants who are either dangerous or pose a high flight risk G) The standard of proof is probable cause, and the main inquiry in the hearing is whether there is probable cause to take the case to trial.

H) A process by which a defendant pays a certain amount of money in order to be released from jail prior to their trial date I) A hearing in which the defendant is formally notified of the charge lodged against them J) The process by which an arrest is officially documented and the arrestee is placed into custody 1) Allocution Page Ref: 258 Objective: n/a Level: Basic 2) Arraignment Page Ref: 258 Objective: n/a Level: Basic

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3) Bail Page Ref: 250 Objective: n/a Level: Basic 4) Booking Page Ref: 247 Objective: n/a Level: Basic 5) Discovery Page Ref: 259 Objective: n/a Level: Basic 6) Guilty Page Ref: 258 Objective: n/a Level: Basic 7) Initial appearance Page Ref: 247 Objective: n/a Level: Basic 8) Not guilty Page Ref: 258 Objective: n/a Level: Basic 9) Preliminary hearing Page Ref: 256 Objective: n/a Level: Basic 10) Preventive detention Page Ref: 253 Objective: n/a Level: Basic Answers: 1) A 2) I 3) H 4) J 5) D 6) C 7) B 8) E 9) G 10) F 10.5 Essay Questions 1) How is the initial appearance different from the preliminary hearing?

Answer: An initial appearance is usually swift and subject to few procedural constraints. The Supreme Court has only had one case relating to initial appearance and it determined that the right to counsel applies. Preliminary hearing has received much more of the Court’s attention.

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Page Ref: 247 Objective: Explain the purpose and process of the initial appearance.

Level: Basic 2) What are the Fifth Amendment issues regarding reciprocal discovery obligations?

Answer: Answers should discuss that the Fifth Amendment is not violated when the defense is forced to provide the prosecution, in advance of trial, any of the following: 1. an alibi or other affirmative defense that will be raised at trial; 2. notice of witnesses who are to testify, including their statements; or 3. real or documentary evidence concerning the crime in question. But there is a Fifth Amendment violation when the defense is compelled to 1. notify the prosecution as to whether the defendant intends to testify, 2. identify witnesses who will not testify at trial, or 3. disclose evidence that will not be introduced at trial.

Page Ref: 259-263 Objective: Summarize the discovery process.

Level: Difficult 3) How does the prosecutor’s decision to charge affect the probable cause hearing?

Answer: The Court decided that the prosecutor’s decision to charge is not in itself enough to satisfy the probable cause requirement. Additionally, when an arrest is made based on a grand jury indictment, a probable cause hearing is not required as the jury performs the investigative function to determine probable cause.

Page Ref: 248 Objective: Explain the purpose and the process of the probable cause hearing.

Level: Intermediate 4) Although not specified in the Constitution, what are some reasons as to why a pretrial release should have a separate hearing?

Answer: Releasing a suspect could negatively affect the community. Many factors need to be considered when determining if bail is an option, and this requires the court’s time and careful attention. The courts often look at the nature and circumstance of the offense charged, the weight of the evidence, the ability to pay, flight risk, and dangerousness of the accused. Having a separate hearing allows for a more careful consideration of the appropriateness of the release.

Page Ref: 250-254 Objective: Summarize bail and other types of pretrial release.

Level: Intermediate 5) What determines if there is a preliminary hearing?

Answer: A preliminary hearing is not required by the Constitution. It is up to each state to determine the circumstances required, and typically depends on a jurisdiction’s method of filing criminal charges. This could be through the filing of an information or an indictment.

Page Ref: 256 Objective: Explain the purpose and the process of the preliminary hearing.

Level: Basic

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6) Explain nolo contendere.

Answer: This is a plea similar to guilty. Literally it means “I do not desire to contest the action.” It may not be used against the defendant any time later in a civil litigation that arises from the acts that led to the criminal charge.

Page Ref: 258 Objective: Summarize the arraignment process.

Level: Basic 10.6 Critical Thinking Questions 1) What pretrial discovery rights does the prosecution have? In light of the government’s power to charge a person with a crime which could lead to the loss of property, liberty, or even life as a consequence, is it fair to make the defense discover anything to the prosecution?

Answer: Answers should describe the basic discovery rules that apply to the prosecution and the purpose behind discovery. Then students should identify and discuss the limited reciprocal obligations of the defense and the triggering circumstances of the defense obligation. Students should address the limitations on prosecution discovery designed to avoid compelling the defense from supplying inculpatory evidence. Positions on the second part of the question should be supported by the stated purposes of discovery.

Page Ref: 259-265 Objective: Summarize the discovery process.

Level: Difficult 2) What is your opinion of preventive detention? Why do you feel this way?

Answer: Answers should explain the general purposes of bail ensuring a defendant’s appearance at trial. The bail determination factors of risk of flight, financial status, and potential dangerousness to the community should be addressed. Positions on the second part of the question should be critical analyses of the various factors.

Page Ref: 253 Objective: Summarize bail and other types of pretrial release.

Level: Intermediate

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Criminal Procedure, 7e (Worrall) Chapter 11 Prosecutors, Grand Juries, and Defense Attorneys 11.1 Multiple Choice Questions 1) Prosecutors are part of what branch of government?

A) Executive B) Legislative C) Judicial D) Both the executive and judicial Answer: A Page Ref: 274 Objective: Describe the prosecutor’s role, prosecutor’s discretion, and the issues surrounding prosecutorial misconduct.

Level: Basic 2) Who can challenge a state prosecutor’s decision NOT to file a case?

A) Victim B) Judge C) Attorney General D) Suspect Answer: C Page Ref: 275 Objective: Describe the prosecutor’s role, prosecutor’s discretion, and the issues surrounding prosecutorial misconduct.

Level: Basic 3) If a prosecutor’s decision to bring charges is discriminatory in nature, this is known as: A) Discriminatory prosecution B) Selective prosecution C) Inappropriate prosecution D) Criminal prosecution Answer: B Page Ref: 278 Objective: Describe the prosecutor’s role, prosecutor’s discretion, and the issues surrounding prosecutorial misconduct.

Level: Basic 4) Prosecution that affects certain groups (for example, people of color) only becomes selective when it is: A) Accidental B) Intentional

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C) Negligent D) Reckless Answer: B Page Ref: 278 Objective: Describe the prosecutor’s role, prosecutor’s discretion, and the issues surrounding prosecutorial misconduct.

Level: Basic 5) The courts consider which of the following in deciding whether a prosecution is selective?

A) Whether or not similarly situated individuals are prosecuted B) Whether or not the prosecutor intended for the charge to be selective C) Whether or not the prosecutor’s decision to prosecute was arbitrary D) All of the above Answer: D Page Ref: 278 Objective: Describe the prosecutor’s role, prosecutor’s discretion, and the issues surrounding prosecutorial misconduct.

Level: Intermediate 6) If a prosecutor’s charging decision is motivated by revenge, this is known as: A) Revenge prosecution B) Retaliatory prosecution C) Vindictive prosecution D) Selective prosecution Answer: C Page Ref: 278 Objective: Describe the prosecutor’s role, prosecutor’s discretion, and the issues surrounding prosecutorial misconduct.

Level: Basic 7) The recourse for dealing with overzealous prosecutors includes which of the following state bar consequences?

A) Permanent disbarment B) Public reprimand C) Suspension from law practice D) All of the above Answer: D Page Ref: 281 Objective: Describe the prosecutor’s role, prosecutor’s discretion, and the issues surrounding prosecutorial misconduct.

Level: Basic

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8) If joinder is inappropriate, what is required?

A) Combining B) A single trial C) Severance D) All of the above Answer: C Page Ref: 281 Objective: Describe the prosecutor’s role, prosecutor’s discretion, and the issues surrounding prosecutorial misconduct.

Level: Basic 9) According to the Federal Rules of Criminal Procedure, when can multiple charges be brought against the same individual?

A) When the charges arise from the same criminal event B) When two separate criminal acts are tied together in some fashion C) When two criminal acts are “the same or similar in character” D) All of the above Answer: D Page Ref: 282 Objective: Describe the prosecutor’s role, prosecutor’s discretion, and the issues surrounding prosecutorial misconduct.

Level: Basic 10) When a prosecutor charges an individual simply because the individual is exercising their constitutional rights, it is known as ________ prosecution.

A) Selective B) Vindictive C) Aggressive D) Zealous Answer: B Page Ref: 280 Objective: Describe the prosecutor’s role, prosecutor’s discretion, and the issues surrounding prosecutorial misconduct.

Level: Basic 11) 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 Answer: A Page Ref: 278 Objective: Describe the prosecutor’s role, prosecutor’s discretion, and the issues surrounding 379 Copyright © 2024 Pearson Education, Inc.

prosecutorial misconduct.

Level: Intermediate 12) 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 Answer: B Page Ref: 281 Objective: Describe the prosecutor’s role, prosecutor’s discretion, and the issues surrounding prosecutorial misconduct.

Level: Basic 13) 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 Answer: A Page Ref: 281 Objective: Describe the prosecutor’s role, prosecutor’s discretion, and the issues surrounding prosecutorial misconduct.

Level: Basic 14) The right to a grand jury can be found in which constitutional amendment?

A) Fourth B) Fifth C) Sixth D) Fourteenth Answer: B Page Ref: 282 Objective: Explain the purpose, functions, and powers of a grand jury.

Level: Basic 15) Nowadays, grand jury operations are: A) Closely tied to the prosecutor B) Independent from the prosecutor C) Only remotely connected to the prosecutor D) Always advised by the courts, not prosecutors E) None of the above Answer: A Page Ref: 283 380 Copyright © 2024 Pearson Education, Inc.

Objective: Explain the purpose, functions, and powers of a grand jury.

Level: Basic 16) Which of the following statements is true concerning grand juries?

A) The right to grand jury indictment has been incorporated.

B) The right to a grand jury indictment appears in the Sixth Amendment.

C) Several states require grand jury indictments for felonies.

D) All of the above Answer: C Page Ref: 283 Objective: Explain the purpose, functions, and powers of a grand jury.

Level: Basic 17) A criminal charge filed by a grand jury is known as a(n): A) Information B) Charge C) Arraignment D) None of the above Answer: D Page Ref: 283 Objective: Explain the purpose, functions, and powers of a grand jury.

Level: Basic 18) Grand jury indictments will be the charging mechanism of choice when: A) The case is of great political significance B) The grand jury’s investigative powers are useful C) One or more witnesses is/are hesitant to speak in open court D) All of the above Answer: D Page Ref: 283 Objective: Explain the purpose, functions, and powers of a grand jury.

Level: Basic 19) What is the size of the typical grand jury?

A) 5 – 10 people B) 7 – 15 people C) 16 – 20 people D) 30 – 35 people Answer: C Page Ref: 284 Objective: Explain the purpose, functions, and powers of a grand jury.

Level: Basic

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20) Which of the following statements is most true concerning grand jury voting requirements?

A) The vote must be unanimous.

B) The vote can be less than unanimous.

C) Voting requirements differ by state.

D) All of the above Answer: C Page Ref: 284 Objective: Explain the purpose, functions, and powers of a grand jury.

Level: Basic 21) When a grand jury decides there is enough evidence for an indictment, it issues a(n): A) Complaint B) Information C) True bill D) Statement of noncollusion Answer: C Page Ref: 284 Objective: Explain the purpose, functions, and powers of a grand jury.

Level: Basic 22) Which of the following is a right enjoyed by suspects who are under grand jury investigation?

A) Right to testify B) Right to be present C) Right to counsel D) None of the above Answer: D Page Ref: 288 Objective: Explain the purpose, functions, and powers of a grand jury.

Level: Intermediate 23) A grand jury subpoena ad testificandum: A) Compels production of documents B) Is no longer used C) Is a challenge to the secrecy of the grand jury in a particular case D) Compels a witness to appear before the grand jury Answer: D Page Ref: 289 Objective: Explain the purpose, functions, and powers of a grand jury.

Level: Intermediate 24) What can a grand jury do to people who fail to appear when requested?

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C) Impose criminal sanctions D) All of the above Answer: D Page Ref: 290 Objective: Explain the purpose, functions, and powers of a grand jury.

Level: Basic 25) Grand juries are ________ ordinary trial (petit) juries.

A) Larger than B) Smaller than C) The same in size as D) None of the above Answer: A Page Ref: 284 Objective: Explain the purpose, functions, and powers of a grand jury.

Level: Basic 26) Grand jury proceedings are: A) Often open to the public B) Intensely secretive C) Off limits to the prosecution D) Subject to the same constitutional requirements as trials Answer: B Page Ref: 287 Objective: Explain the purpose, functions, and powers of a grand jury.

Level: Intermediate 27) The right to counsel for persons accused in criminal prosecutions: A) Has due process origins B) Is mentioned in the Sixth Amendment C) Is important in relation to the Fifth Amendment’s self-incrimination clause D) All of the above Answer: D Page Ref: 292 Objective: Explain the development of the right to counsel and describe the defense attorney’s role.

Level: Intermediate 28) The right to counsel in criminal prosecutions has both ________ and Sixth Amendment origins.

A) First Amendment B) Fourth Amendment

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C) Seventh Amendment D) Due process Answer: D Page Ref: 292 Objective: Explain the development of the right to counsel and describe the defense attorney’s role.

Level: Basic 11.2 True/False Questions 1) The most obvious reason for non-prosecution is lack of evidence.

Answer: TRUE Page Ref: 274 Objective: Describe the prosecutor’s role, prosecutor’s discretion, and the issues surrounding prosecutorial misconduct.

Level: Basic 2) Prosecutors’ decisions not to press charges are rarely challenged.

Answer: TRUE Page Ref: 275 Objective: Describe the prosecutor’s role, prosecutor’s discretion, and the issues surrounding prosecutorial misconduct.

Level: Basic 3) If a prosecutor’s decision to press charges is discriminatory in nature, the Fourteenth Amendment’s Equal Protection Clause can be violated.

Answer: TRUE Page Ref: 278 Objective: Describe the prosecutor’s role, prosecutor’s discretion, and the issues surrounding prosecutorial misconduct.

Level: Basic 4) If prosecutors’ charging decisions are motivated by revenge, then resulting charges violate the Sixth Amendment.

Answer: FALSE Page Ref: 280 Objective: Describe the prosecutor’s role, prosecutor’s discretion, and the issues surrounding prosecutorial misconduct.

Level: Basic 5) Prosecutors enjoy only qualified immunity in filing decisions.

Answer: FALSE Page Ref: 281 Objective: Describe the prosecutor’s role, prosecutor’s discretion, and the issues surrounding prosecutorial misconduct.

Level: Basic

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6) An obvious problem with joinder is the possibility of double jeopardy.

Answer: TRUE Page Ref: 282 Objective: Describe the prosecutor’s role, prosecutor’s discretion, and the issues surrounding prosecutorial misconduct.

Level: Basic 7) An example of joinder is bringing several charges against the same individual in the same trial.

Answer: TRUE Page Ref: 282 Objective: Describe the prosecutor’s role, prosecutor’s discretion, and the issues surrounding prosecutorial misconduct.

Level: Basic 8) The question of whether joinder is/was appropriate is best resolved after trial.

Answer: FALSE Page Ref: 281 Objective: Describe the prosecutor’s role, prosecutor’s discretion, and the issues surrounding prosecutorial misconduct.

Level: Basic 9) A defense challenge to joinder is that the jury will not consider the charges separately.

Answer: TRUE Page Ref: 282 Objective: Describe the prosecutor’s role, prosecutor’s discretion, and the issues surrounding prosecutorial misconduct.

Level: Intermediate 10) The Fifth Amendment right to grand jury indictment has been incorporated.

Answer: FALSE Page Ref: 283 Objective: Explain the purpose, functions, and powers of a grand jury.

Level: Basic 11) Grand juries can be impaneled either by the court or the prosecutor.

Answer: TRUE Page Ref: 283 Objective: Explain the purpose, functions, and powers of a grand jury.

Level: Intermediate 12) Once a grand jury is convened, the members serve for an indefinite period of time.

Answer: FALSE Page Ref: 283 Objective: Explain the purpose, functions, and powers of a grand jury.

Level: Basic

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13) People are selected for grand juries in the same way people are selected for ordinary trial juries.

Answer: TRUE Page Ref: 286 Objective: Explain the purpose, functions, and powers of a grand jury.

Level: Basic 14) A person who is already charged may have a right to counsel when appearing before a grand jury.

Answer: TRUE Page Ref: 288 Objective: Explain the purpose, functions, and powers of a grand jury.

Level: Intermediate 15) According to the Supreme Court in United States v. Mandujano, there is generally a right to counsel when appearing before a grand jury.

Answer: FALSE Page Ref: 288 Objective: Explain the purpose, functions, and powers of a grand jury.

Level: Intermediate 16) In United States v. Mechanik, the Supreme Court held that racial bias in selecting grand jury members results in automatic reversal of its indictment.

Answer: TRUE Page Ref: 290 Objective: Explain the purpose, functions, and powers of a grand jury.

Level: Intermediate 17) Grand juries can grant immunity to certain witnesses.

Answer: TRUE Page Ref: 290 Objective: Explain the purpose, functions, and powers of a grand jury.

Level: Basic 18) The Sixth Amendment right to counsel applies after the initiation of formal adversarial proceedings.

Answer: TRUE Page Ref: 288 Objective: Explain the development of the right to counsel and describe the defense attorney’s role.

Level: Basic 19) A judge can “veto” a defendant’s decision to represent themselves.

Answer: TRUE Page Ref: 294

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Objective: Explain the development of the right to counsel and describe the defense attorney’s role.

Level: Basic 20) Inadequate performance alone constitutes ineffective assistance of counsel.

Answer: FALSE Page Ref: 296 Objective: Explain the development of the right to counsel and describe the defense attorney’s role.

Level: Intermediate 11.3 Fill in the Blank Questions 1) If the prosecutor files charges which are discriminatory in nature, the prosecutor has violated the ________ Amendment of the U.S. Constitution.

Answer: Fourteenth Page Ref: 278 Objective: Describe the prosecutor’s role, prosecutor’s discretion, and the issues surrounding prosecutorial misconduct.

Level: Basic 2) According to the Supreme Court, prosecutors have enormous ________ in determining what charges to file.

Answer: Discretion Page Ref: 274 Objective: Describe the prosecutor’s role, prosecutor’s discretion, and the issues surrounding prosecutorial misconduct.

Level: Basic 3) ________ prosecution occurs when a prosecutor’s charging decision is improperly motivated by revenge.

Answer: Vindictive Page Ref: 280 Objective: Describe the prosecutor’s role, prosecutor’s discretion, and the issues surrounding prosecutorial misconduct.

Level: Basic 4) Prosecutors have ________ immunity from lawsuits arising from charging suspects with crimes.

Answer: Absolute Page Ref: 299 Objective: Describe the prosecutor’s role, prosecutor’s discretion, and the issues surrounding prosecutorial misconduct.

Level: Intermediate

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5) ________ perform a valuable function; they reinforce the notion that a crime is an offense against the state.

Answer: Prosecutors Page Ref: 274 Objective: Describe the prosecutor’s role, prosecutor’s discretion, and the issues surrounding prosecutorial misconduct.

Level: Basic 6) In Oyler v. Boles the Supreme Court held that selective prosecution violates the equal ________ clause.

Answer: Protection Page Ref: 278 Objective: Describe the prosecutor’s role, prosecutor’s discretion, and the issues surrounding prosecutorial misconduct.

Level: Intermediate 7) Joinder refers to multiple charges and/or multiple ________.

Answer: Defendants Page Ref: 281 Objective: Describe the prosecutor’s role, prosecutor’s discretion, and the issues surrounding prosecutorial misconduct.

Level: Intermediate 8) The framers favored grand jury ________ in certain situations for fear that the prosecutor, a representative of government, could become too powerful in terms of making charging decisions.

Answer: Indictments Page Ref: 283 Objective: Explain the purpose, functions, and powers of a grand jury.

Level: Difficult 9) When a grand jury decides there is enough evidence for an indictment, it issues a(n) ________ bill.

Answer: True Page Ref: 284 Objective: Explain the purpose, functions, and powers of a grand jury.

Level: Basic 10) Nonindigent accused criminals enjoy the right to ________ assistance of counsel.

Answer: Effective Page Ref: 296 Objective: Explain the development of the right to counsel and describe the defense attorney’s role.

Level: Intermediate

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11.4 Matching Questions 11-1. Match the term listed in Column 1 to the correct definition in Column 2.

A) The requirement that a defense attorney must effectively represent their client B) A body of people selected to hear evidence against an accused person (or persons) and determine whether there is sufficient evidence to bring the case to trial C) When an individual is targeted for prosecution merely because they fall into a certain group (for example, people of color) D) When the prosecutor lacks the evidence to charge someone with a particular crime and so charges them with a lesser crime E) A prosecutor’s authority to decide whether to proceed with criminal charges against a particular suspect F) When the prosecutor either 1. brings multiple charges against the same individual in the same trial or 2. brings charges against multiple individuals in the same trial G) The grand jury’s authority to hold people in contempt of court for failing to appear before it H) The opposite of joinder. For example, this occurs when separate trials are held for different charges against the same defendant.

I) Prosecution based on revenge J) When the prosecutor presents evidence at trial that departs significantly from that relied on by the grand jury for the purpose of issuing an indictment 1) Contempt power Page Ref: 290 Objective: n/a Level: Basic 2) Effective assistance of counsel Page Ref: 296 Objective: n/a Level: Basic 3) Grand jury Page Ref: 283 Objective: n/a Level: Basic 4) Joinder Page Ref: 281 Objective: n/a Level: Basic 5) Pretextual prosecution Page Ref: 279 Objective: n/a Level: Basic

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6) Prosecutorial discretion Page Ref: 274 Objective: n/a Level: Basic 7) Selective prosecution Page Ref: 278 Objective: n/a Level: Basic 8) Severance Page Ref: 281 Objective: n/a Level: Basic 9) Variance Page Ref: 291 Objective: n/a Level: Basic 10) Vindictive prosecution Page Ref: 280 Objective: n/a Level: Basic Answers: 1) G 2) A 3) B 4) F 5) D 6) E 7) C 8) H 9) J 10) I 11.5 Essay Questions 1) List several examples of when it would be inappropriate for a prosecutor to bring charges against someone.

Answer: Answers should focus on selective and vindictive prosecution. Selective prosecution issues include targeting individuals on the basis of being part of a group, aggressively pursuing conspicuous individuals, targeting the most significant offender in a group of offenders, and pretextual prosecution (charging a lesser crime because the more serious one is not warranted). Vindictive prosecution issues include charging motivated by revenge, increasing charges after a successful appeal, prosecutors increasing charges at the pretrial stage motivated by a desire to punish a defendant for doing something authorized by law.

Page Ref: 274-282 Objective: Describe the prosecutor’s role, prosecutor’s discretion, and the issues surrounding prosecutorial misconduct.

Level: Intermediate 2) Discuss the history of the right to appoint counsel in criminal prosecutions and when it applies.

Answer: Answers should address the Powell v. Alabama and Gideon cases and their holdings, and then how the right to appointed counsel was expanded to apply at the initiation of adversarial proceedings (Kirby v. Illinois). Incorporation of the Sixth Amendment to the states should also be addressed.

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Page Ref: 291-297 Objective: Explain the development of the right to counsel and describe the defense attorney’s role.

Level: Difficult 3) What role does the prosecutor play in a grand jury?

Answer: Almost every state makes the prosecutor the main legal advisor of the grand jury and requires them to be present during all grand jury sessions.

Page Ref: 283 Objective: Explain the purpose, function, and powers of a grand jury.

Level: Basic 11.6 Critical Thinking Questions 1) Why do you suppose grand juries operate in some states and not others? Should grand juries be the charging mechanism of choice across the country? Why or why not?

Answer: Good answers should address the role of the grand jury in returning indictments and how they serve as a control mechanism over unfettered prosecutorial charging discretion. But the many procedural safeguards in states that allow prosecutors to charge by complaint serve the same purpose.

Further, given the amount of control prosecutors have over grand juries, it is arguable that there really isn’t much of a check on the prosecutor’s discretion. Students need to support their position in light of the stated purpose of grand jury indictments versus the reality.

Page Ref: 283-290 Objective: Explain the purpose, functions, and powers of a grand jury.

Level: Intermediate 2) Do you believe the right to effective assistance of counsel is a meaningful one, given all the interpretation it has received by the Supreme Court?

Answer: Good answers should address the basic right of counsel in both retained and indigent circumstances. Answers should then focus on the two-pronged test of ineffective assistance of counsel: performance and prejudice. Relevant cases–e.g., Gideon and Strickland v. Washington– should be addressed and used to support the position a student takes on the question.

Page Ref: 296-297 Objective: Explain the development of the right to counsel and describe the defense attorney’s role.

Level: Difficult

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Criminal Procedure, 7e (Worrall) Chapter 12 Plea Bargaining and Guilty Pleas 12.1 Multiple Choice Questions 1) Approximately what percent of criminal convictions in the United States result from plea bargaining?

A) 50% B) 60% C) 70% D) 90% Answer: D Page Ref: 304 Objective: Explain the concept of plea bargaining.

Level: Basic 2) Plea bargaining was addressed by the courts as early as: A) 1804 B) 1860 C) 1899 D) 1960 Answer: A Page Ref: 306 Objective: Explain the concept of plea bargaining.

Level: Basic 3) According to the Supreme Court, the defendant is protected by which constitutional amendment(s) during the plea bargaining process?

A) Fourth B) Sixth C) Eighth D) All of the above Answer: B Page Ref: 310 Objective: Summarize the procedures in the plea bargaining process.

Level: Intermediate 4) Which of the following is a criticism of plea bargaining?

A) Gives too much discretion to prosecutors B) Undermines the integrity of the judicial system C) Most defendants plead guilty anyway D) All of the above are criticisms of plea bargaining.

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Answer: D Page Ref: 308 Objective: Explain the concept of plea bargaining.

Level: Basic 5) Plea bargaining was ________ by the second half of the nineteenth century.

A) Rare B) Banned C) Commonplace D) Excessive Answer: C Page Ref: 306 Objective: Explain the concept of plea bargaining.

Level: Basic 6) A criticism of plea bargaining is that the prosecutor may: A) Overcharge B) Undercharge C) Decide not to charge D) Turn the case back to police for further investigation Answer: A Page Ref: 307 Objective: Explain the concept of plea bargaining.

Level: Basic 7) Attempts to restrict plea bargaining: A) Have occurred throughout history B) Have rarely succeeded C) Have not been particularly common D) All of the above Answer: D Page Ref: 309 Objective: Explain the concept of plea bargaining.

Level: Basic 8) The Supreme Court has ________ the validity of plea bargaining.

A) Declined to decide on B) Upheld C) Challenged D) None of the above Answer: B Page Ref: 310

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Objective: Explain the concept of plea bargaining.

Level: Basic 9) Pleas bargaining includes charge bargaining, sentence bargaining, and ________ bargaining.

A) Number B) Count C) Judge D) Appeal Answer: B Page Ref: 305 Objective: Explain the concept of plea bargaining.

Level: Basic 10) Sentence bargaining requires who to be involved?

A) Prosecutor B) Defense attorney C) Judge D) All of the above Answer: D Page Ref: 305 Objective: Summarize the procedures in the plea bargaining process.

Level: Basic 11) 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 Answer: D Page Ref: 305 Objective: Summarize the procedures in the plea bargaining process.

Level: Basic 12) 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 Answer: B Page Ref: 310 Objective: Summarize the procedures in the plea bargaining process.

Level: Intermediate

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13) 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 Answer: D Page Ref: 312 Objective: Summarize the procedures in the plea bargaining process.

Level: Basic 14) 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 Answer: B Page Ref: 305 Objective: Explain the concept of plea bargaining.

Level: Basic 15) 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 Answer: A Page Ref: 305 Objective: Explain the concept of plea bargaining.

Level: Basic 16) 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 Answer: C Page Ref: 305 Objective: Explain the concept of plea bargaining.

Level: Basic

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17) 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 Answer: C Page Ref: 313 Objective: Summarize the procedures in the plea bargaining process.

Level: Basic 18) Plea bargaining can have which of the following effects on the defendant?

A) The defendant can face a reduced sentence.

B) The defendant can be forced to waive certain rights.

C) The defendant may be required to testify against a co-defendant.

D) All of the above Answer: D Page Ref: 318 Objective: Summarize the effects of plea bargaining.

Level: Basic 19) What happens when the prosecutor does not follow through with a plea bargaining offer after the court accepts the bargain?

A) There are no consequences.

B) A due process violation occurs.

C) A Fourth Amendment violation occurs.

D) A Sixth Amendment violation occurs.

Answer: B Page Ref: 318 Objective: Summarize the procedures in the plea bargaining process.

Level: Intermediate 20) Which of the following are rights commonly waived as a result of plea bargaining?

A) Right to trial by jury B) Right to be free from unreasonable searches and seizures C) Right to be free from excessive fines and punishment D) All of the above Answer: A Page Ref: 321 Objective: Summarize the procedures in the plea bargaining process.

Level: Basic

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21) Which of the following are requirements for a valid guilty plea?

A) It must be voluntary.

B) It must be intelligent.

C) It must be based in fact.

D) All of the above Answer: D Page Ref: 320 Objective: Outline the elements of a valid guilty plea.

Level: Basic 22) A guilty plea is “intelligent” if it is: A) Voluntary B) Based in fact C) Understood D) All of the above Answer: C Page Ref: 320 Objective: Outline the elements of a valid guilty plea.

Level: Basic 23) A guilty plea is “understood” if the defendant understands: A) The nature of the charge B) The possible sentence C) The possible rights waived D) All of the above Answer: D Page Ref: 321 Objective: Outline the elements of a valid guilty plea.

Level: Basic 24) For a guilty plea to be based in fact, it must be based on: A) A court’s finding of guilty B) Actual criminal conduct C) Criminal conduct for which the accused is charged D) Alleged criminal conduct without formal charge Answer: B Page Ref: 322 Objective: Outline the elements of a valid guilty plea.

Level: Intermediate 25) Reasons for a defendant’s decision to contest a guilty plea include which of the following?

A) The plea was a product of coercion.

B) The prosecution fails to fulfill its obligations.

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C) Law enforcement officials acted in an unconstitutional fashion.

D) All of the above Answer: D Page Ref: 324 Objective: Summarize how a guilty plea may be contested.

Level: Basic 26) What are two ways a defendant can challenge a guilty plea?

A) Withdrawal and appeal B) Complaint and address C) Bargain and inducement D) None of the above Answer: A Page Ref: 324 Objective: Summarize how a guilty plea may be contested.

Level: Basic 12.2 True/False Questions 1) The U.S. Supreme Court has not sanctioned plea bargaining.

Answer: FALSE Page Ref: 310 Objective: Explain the concept of plea bargaining.

Level: Basic 2) Plea bargaining supplants trial by jury.

Answer: TRUE Page Ref: 306 Objective: Explain the concept of plea bargaining.

Level: Basic 3) One of the earliest court decisions addressing plea bargaining was decided in 1804.

Answer: TRUE Page Ref: 306 Objective: Explain the concept of plea bargaining.

Level: Intermediate 4) Some critics of plea bargaining claim that the practice actually contributes to inefficiency in the administration of justice.

Answer: TRUE Page Ref: 308 Objective: Explain the concept of plea bargaining.

Level: Basic

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5) Some jurisdictions have experimented with banning plea bargaining for certain offenses.

Answer: TRUE Page Ref: 309 Objective: Explain the concept of plea bargaining.

Level: Basic 6) The Supreme Court disagrees with plea bargaining.

Answer: FALSE Page Ref: 310 Objective: Explain the concept of plea bargaining.

Level: Basic 7) Sentence bargaining is where the prosecution offers a reduction in charges.

Answer: FALSE Page Ref: 305 Objective: Explain the concept of plea bargaining.

Level: Intermediate 8) The rights available to defendants during plea bargaining are the same as those available to defendants in criminal trials.

Answer: FALSE Page Ref: 310 Objective: Summarize the procedures in the plea bargaining process.

Level: Intermediate 9) Plea bargaining process requires that the defense attorney must ensure that the defendant understands the consequences of the plea-bargaining process.

Answer: FALSE Page Ref: 311 Objective: Summarize the procedures in the plea bargaining process.

Level: Basic 10) The prosecutor is bound by the plea agreement when the court accepts it.

Answer: TRUE Page Ref: 317 Objective: Summarize the procedures in the plea bargaining process.

Level: Basic 11) Defendants who accept offers to plead guilty often face consequences besides a reduced charge or sentence.

Answer: TRUE Page Ref: 318 Objective: Outline the elements of a valid guilty plea.

Level: Intermediate

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12) There is no requirement that guilty pleas be based in fact.

Answer: FALSE

Page Ref: 320 Objective: Outline the elements of a valid guilty plea.

Level: Basic 13) A plea can be withdrawn at any time after it has been accepted by the court.

Answer: FALSE Page Ref: 324 Objective: Summarize how a guilty plea may be contested.

Level: Basic 14) Direct appeal is one way for a defendant to challenge their own guilty plea.

Answer: TRUE Page Ref: 324 Objective: Summarize how a guilty plea may be contested.

Level: Basic 15) All plea agreements must be valid.

Answer: TRUE Page Ref: 320 Objective: Outline the elements of a valid guilty plea.

Level: Basic 12.3 Fill in the Blank Questions 1) ________ bargaining refers to the prosecutor’s ability to negotiate with the defendant in terms of the charges that could be filed or dismissed.

Answer: Charge Page Ref: 305 Objective: Explain the concept of plea bargaining.

Level: Intermediate 2) There is no constitutional right for the defendant to be ________ during the plea bargaining process.

Answer: Present Page Ref: 311 Objective: Summarize the procedures in the plea bargaining process.

Level: Basic 3) Plea bargains ultimately influence the court, the prosecution, the defendant, and the ________.

Answer: Victim Page Ref: 316

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Objective: Summarize the effects of plea bargaining.

Level: Intermediate 4) For a guilty plea to be valid, it must be ________, knowing, and intelligent.

Answer: Voluntary Page Ref: 320 Objective: Outline the elements of a valid guilty plea.

Level: Difficult 5) A defendant may wish to ________ a guilty plea they have entered if the prosecution does not fulfill its end of the bargain.

Answer: Contest Page Ref: 324 Objective: Summarize how a guilty plea may be contested.

Level: Basic 6) The term used to describe actions by judges that influence the plea bargaining process is judicial ________.

Answer: Inducement Page Ref: 314 Objective: Explain the concept of plea bargaining.

Level: Intermediate 7) Ad ________ plea bargaining is the term used to describe strange concessions defendants sometimes agree to make as part of the plea bargaining process.

Answer: Hoc Page Ref: 313 Objective: Explain the concept of plea bargaining.

Level: Difficult 8) The requirement that a guilty plea be free from coercion, threats, or physical abuse is known as the ________ requirement.

Answer: Voluntariness Page Ref: 322 Objective: Outline the elements of a valid guilty plea.

Level: Intermediate 9) A defendant retains the Sixth Amendment right to ________ during plea bargain negotiations.

Answer: Counsel Page Ref: 310 Objective: Summarize the effects of plea bargaining.

Level: Basic 10) Plea bargaining is a(n) ________ function as opposed to a legislative function.

Answer: Executive Page Ref: 314 Objective: Explain the concept of plea bargaining.

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Level: Difficult 12.4 Matching Questions 12-1. Match the term listed in Column 1 to the correct definition in Column 2.

A) The prosecutor’s ability to negotiate with the defendant in terms of the charges that could be filed B) Offers made by the prosecution to the defendant C) The defense negotiates to have the defendant charged with fewer counts of a certain offense D) A guilty plea in which the defendant admits to the crime, but not necessarily all elements of it E) When the defendant agrees to plead guilty in exchange for a less serious sentence F) A term used to describe some of the strange concessions that defendants agree to make as part of prosecutors’ decisions to secure guilty G) A plea a defendant enters that is akin to saying “I do not contest this” H) Statutes that offer incentives for pleading guilty I) When a judge offers something to the defendant in exchange for a guilty plea J) “The defendant’s agreement to plead guilty to a criminal charge with the reasonable expectation of receiving some consideration from the state” 1) Ad hoc plea bargaining Page Ref: 313 Objective: n/a Level: Basic 2) Alford plea Page Ref: 308 Objective: n/a Level: Basic 3) Judicial inducements Page Ref: 314 Objective: n/a Level: Basic 4) Plea bargaining Page Ref: 305 Objective: n/a Level: Basic 5) Prosecutorial inducements Page Ref: 311 Objective: n/a Level: Basic

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6) Statutory inducements Page Ref: 313 Objective: n/a Level: Basic 7) Charge bargaining Page Ref: 305 Objective: n/a Level: Basic 8) Sentence bargaining Page Ref: 305 Objective: n/a Level: Basic 9) Count bargaining Page Ref: 305 Objective: n/a Level: Basic 10) Nolo contendere Page Ref: 310 Objective: n/a Level: Basic Answers: 1) F 2) D 3) I 4) J 5) B 6) H 7) A 8) E 9) C 10) G 12.5 Essay Questions 1) Summarize the arguments for and against plea bargaining.

Answer: Answers will include arguments in support: wide acceptance, prosecution and defense attorney benefits, defendants generally receive a lesser sentence and avoid the uncertainty of a trial outcome, and court benefits of prompt adjudications. Arguments against include: prosecution will overcharge to entice a plea, defense inefficiency is promoted in full litigation to better facilitate a bargain, most defendants would plead guilty even without plea bargaining, undermining of system’s integrity, deciding defendants’ guilt without a trial, criminals get lesser sentences than deserved, and innocent people are coerced into pleading guilty to avoid a harsher sentence.

Page Ref: 307-308 Objective: Explain the concept of plea bargaining.

Level: Intermediate 2) What are some prosecutorial inducements that are not permissible?

Answer: The Supreme Court held that “a prosecutor’s offer during plea bargaining of adverse or lenient treatment for some person other than the accused … might pose a greater danger of inducing a false guilty plea by skewing assessment of the risks a defendant might consider.” A second example is if a prosecutor flagrantly deceives the accused or fabricates evidence and/or starts rumors concerning the accused’s level of involvement in the offense.

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Page Ref: 312 Objective: Summarize the procedures in the plea bargaining process.

Level: Basic 3) Explain the effects of a plea agreement on the victim.

Answer: A plea agreement may give the victim a measure of closure relatively quickly. On the other hand, they may feel the offender was not adequately “punished” for the offense in question. To address this problem, several states have laws that require victim involvement or input during the bargaining process.

Page Ref: 319 Objective: Summarize the effects of plea bargaining.

Level: Basic 4) For the intelligence prong of a valid plea agreement, what are the three things the defendant must understand, and what cases are associated with the intelligence prong?

Answer: The defendant must understand the nature of the charge(s) of which they are accused, the possible sentence(s) associated with the charges, and the rights they waive if a guilty plea is entered.

Important cases include Henderson v. Morgan (1976), Federal Rules of Criminal Procedure, People v. Thomas (1968), Padilla v. Kentucky (2010), and Boykin v. Alabama (1969).

Page Ref: 320 Objective: Outline the elements of a valid guilty plea.

Level: Intermediate 5) Explain the difference between a guilty plea and a plea bargain, and what impact they have on withdrawing a plea.

Answer: A plea bargain often results in a guilty plea, but a defendant does not have to engage in bargaining to plea guilty. Either can be attempted to be withdrawn by the defendant. A guilty plea that is entered without a plea bargain is more appealable than one that is reached as the result of bargaining. In the latter instance, the accused often gives up important rights, such as the right to appeal.

Page Ref: 325 Objective: Summarize how a guilty plea may be contested.

Level: Intermediate 12.6 Critical Thinking Questions 1) Define and explain ad hoc plea bargaining. How do you feel about this type of plea bargaining and why?

Answer: Answers will focus on the extraordinary concessions that defendants accept as part of prosecutor’s plea offers. Such concessions include special terms of probation, defendants agreeing to perform special acts (e.g., testifying in co-defendants’ trials), unauthorized punishments, state agreeing to an unauthorized benefit (e.g., sealing the record), and pleading to a crime unrelated to the charges offense. Students’ positions should be supported in light of the purposes of plea bargaining and whether ad hoc bargaining furthers those purposes.

Page Ref: 313 Objective: Summarize the procedures in the plea bargaining process.

Level: Difficult

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2) Should someone be able to contest a guilty plea? Are the methods currently in place effective? Why or why not?

Answer: Answers should discuss the existing rules regarding withdrawing or appealing a guilty plea.

Reasons to withdraw include “fair and just rule” in federal courts—involuntary pleas, prosecutorial breeches, and lack of evidence or newly discovered evidence. Reasons to appeal include appealing on an issue decided adversely in a pretrial motion (e.g., a motion to suppress evidence).

Page Ref: 324-325 Objective: Summarize how a guilty plea may be contested.

Level: Difficult

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Criminal Procedure, 7e (Worrall) Chapter 13 Rights at Trial 13.1 Multiple Choice Questions 1) Which constitutional amendment gives the accused the right to a speedy trial?

A) Fifth B) Sixth C) Eighth D) Fourteenth Answer: B Page Ref: 330 Objective: Summarize the right to a speedy trial.

Level: Basic 2) The right to speedy trial applies once the suspect has been: A) Arrested B) Charged C) Acquitted D) Accused Answer: D Page Ref: 330 Objective: Summarize the right to a speedy trial.

Level: Basic 3) Which of the following is an argument against speedy trials?

A) They may not give the defense adequate time to prepare.

B) They minimize anxiety on the part of the accused.

C) They prevent excessive incarceration.

D) They permit quick disposal of cases.

Answer: A Page Ref: 330 Objective: Summarize the right to a speedy trial.

Level: Intermediate 4) For an intentional delay of a speedy trial to violate the Sixth Amendment, it must: A) Last more than a year B) Last more than six months C) Result in “lost” witnesses D) Prejudice the defendant Answer: D Page Ref: 333 406 Copyright © 2024 Pearson Education, Inc.

Objective: Summarize the right to a speedy trial.

Level: Intermediate 5) A violation of the Sixth Amendment right to a speedy trial is likely when: A) Too much time has elapsed between arrest and charges B) The delay is intentional C) The delay is prejudicial to the defendant D) All of the above Answer: D Page Ref: 332 Objective: Summarize the right to a speedy trial.

Level: Intermediate 6) According to Strunk v. United States, which is the appropriate remedy for a violation of the Sixth Amendment right to a speedy trial?

A) Reversal B) Dismissal C) A new trial D) Habeas corpus Answer: B Page Ref: 335 Objective: Summarize the right to a speedy trial.

Level: Intermediate 7) The Supreme Court has ruled that the right to an impartial judge is guaranteed by which amendment?

A) Fourteenth B) Eighth C) Sixth D) Fifth Answer: A Page Ref: 335 Objective: Explain the right to an impartial judge.

Level: Basic 8) The right to an impartial jury stems from which constitutional amendment?

A) Fifth B) Sixth C) Seventh D) Eighth Answer: B Page Ref: 337 Objective: Explain the right to an impartial jury and how such a jury is selected.

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9) 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 criminal trials Answer: C Page Ref: 337 Objective: Explain the right to an impartial jury and how such a jury is selected.

Level: Basic 10) 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 Answer: C Page Ref: 338 Objective: Explain the right to an impartial jury and how such a jury is selected.

Level: Intermediate 11) For a waiver of a jury trial to be valid, it must be: A) Express B) Intelligent C) Voluntary D) All of the above Answer: D Page Ref: 340 Objective: Explain the right to an impartial jury and how such a jury is selected.

Level: Basic 12) Most juries in criminal cases consist of how many members?

A) 6 B) 12 C) 18 D) 24 Answer: B Page Ref: 338 Objective: Explain the right to an impartial jury and how such a jury is selected.

Level: Basic

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13) How many stages are there to jury selection?

A) One B) Two C) Three D) Four Answer: C Page Ref: 340 Objective: Explain the right to an impartial jury and how such a jury is selected.

Level: Intermediate 14) 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 Answer: D Page Ref: 340 Objective: Explain the right to an impartial jury and how such a jury is selected.

Level: Basic 15) 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 Answer: D Page Ref: 340 Objective: Explain the right to an impartial jury and how such a jury is selected.

Level: Basic 16) 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 Answer: A Page Ref: 341 Objective: Explain the right to an impartial jury and how such a jury is selected.

Level: Intermediate

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17) 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) People of color B) Women C) Distinctive groups D) All of the above Answer: D Page Ref: 341 Objective: Explain the right to an impartial jury and how such a jury is selected.

Level: Intermediate 18) In Duren v. Missouri the Supreme Court ruled that a defendant must prove which of the following elements to establish that the jury pool is not a fair cross section of the community?

A) The excluded group is a distinctive group in the community B) The representatives from a distinctive group are underrepresented based in their presence in the community C) The underrepresentation of a distinctive group is due to systematic exclusion D) All of the above Answer: D Page Ref: 342 Objective: Explain the right to an impartial jury and how such a jury is selected.

Level: Intermediate 19) Which of the following cannot be considered a distinctive group for jury composition purposes?

A) Native Americans B) Hispanics C) Blue-collar workers D) Women Answer: C Page Ref: 342 Objective: Explain the right to an impartial jury and how such a jury is selected.

Level: Intermediate 20) Peremptory challenges used to exclude people of color are: A) Never acceptable B) Acceptable when the prosecutor offers a race-neutral explanation for doing so C) Acceptable in capital trials D) Acceptable only in misdemeanor trials Answer: B Page Ref: 346 Objective: Explain the right to an impartial jury and how such a jury is selected.

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21) Voir dire consists of what?

A) Questioning by the judge B) Questioning by the prosecutor C) Questioning by the defense attorney D) All of the above Answer: D Page Ref: 343 Objective: Explain the right to an impartial jury and how such a jury is selected.

Level: Basic 22) Which challenge to a jury’s composition claims that a distinctive group is not included in the jury panel?

A) Equal composition B) Fair cross-section C) Fourteenth Amendment D) Fourth Amendment Answer: B Page Ref: 341 Objective: Explain the right to an impartial jury and how such a jury is selected.

Level: Intermediate 23) Which of the following statements is true concerning jury voting requirements?

A) Decisions must be unanimous.

B) Decisions can be less than unanimous in all felonies.

C) Decisions must be unanimous in 12-member juries.

D) Decisions must be unanimous in juries with fewer than 12 members.

Answer: B Page Ref: 339 Objective: Explain the right to an impartial jury and how such a jury is selected.

Level: Intermediate 24) To comply with the Sixth Amendment, a jury must have how many members?

A) 6 B) 10 C) 12 D) 16 Answer: A Page Ref: 338 Objective: Explain the right to an impartial jury and how such a jury is selected.

Level: Basic

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25) Peremptory challenges cannot be used by either the prosecution or the defense to exclude which types of potential jurors?

A) People of color B) Young adults C) White-collar professionals D) Blue-collar workers Answer: A Page Ref: 348 Objective: Explain the right to an impartial jury and how such a jury is selected.

Level: Basic 13.2 True/False Questions 1) A speedy trial can be damaging to the defendant.

Answer: TRUE Page Ref: 330 Objective: Summarize the right to a speedy trial.

Level: Basic 2) The right to a speedy trial applies only when the accused is formally charged with a crime.

Answer: FALSE Page Ref: 331 Objective: Summarize the right to a speedy trial.

Level: Intermediate 3) The Sixth Amendment guarantees the right to an impartial judge.

Answer: FALSE Page Ref: 335 Objective: Explain the right to an impartial judge.

Level: Intermediate 4) The right to a jury trial applies to all criminal proceedings.

Answer: FALSE Page Ref: 337 Objective: Explain the right to an impartial jury and how such a jury is selected.

Level: Intermediate 5) There is a Sixth Amendment right to a jury in noncriminal proceedings.

Answer: FALSE Page Ref: 337 Objective: Explain the right to an impartial jury and how such a jury is selected.

Level: Basic

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6) Waivers of the right to a jury trial need to be voluntary, express, and intelligent.

Answer: TRUE Page Ref: 340 Objective: Explain the right to an impartial jury and how such a jury is selected.

Level: Basic 7) A judge can order a jury trial even if the defendant does not want one.

Answer: TRUE Page Ref: 340 Objective: Explain the right to an impartial jury and how such a jury is selected.

Level: Intermediate 8) The final jury must always be a fair cross-section of the community.

Answer: FALSE Page Ref: 341 Objective: Explain the right to an impartial jury and how such a jury is selected.

Level: Intermediate 9) African Americans can be considered a distinctive group for jury composition purposes.

Answer: TRUE Page Ref: 342 Objective: Explain the right to an impartial jury and how such a jury is selected.

Level: Basic 10) Voir dire can be done by just the judge asking questions of the prospective jurors.

Answer: TRUE Page Ref: 345 Objective: Explain the right to an impartial jury and how such a jury is selected.

Level: Basic 11) It is acceptable for the prosecution to exclude a potential juror based on race.

Answer: FALSE Page Ref: 346 Objective: Explain the right to an impartial jury and how such a jury is selected.

Level: Basic 12) All jury verdicts must be unanimous.

Answer: FALSE Page Ref: 339 Objective: Explain the right to an impartial jury and how such a jury is selected.

Level: Basic 13) Voter registrations can be used to compile a jury list.

Answer: TRUE Page Ref: 340

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Objective: Explain the right to an impartial jury and how such a jury is selected.

Level: Basic 14) There is no Sixth Amendment constitutional right to a jury trial in noncriminal proceedings.

Answer: TRUE Page Ref: 337 Objective: Explain the right to an impartial jury and how such a jury is selected.

Level: Basic 15) The only person who can seek to remove a judge for cause is the judge themselves.

Answer: FALSE Page Ref: 336 Objective: Explain the right to an impartial judge.

Level: Intermediate 13.3 Fill in the Blank Questions 1) In United States v. Marion, the Supreme Court created what has become known as the ________ rule.

Answer: Accusation Page Ref: 331 Objective: Summarize the right to a speedy trial.

Level: Difficult 2) The ________ Amendment established the requirement for an impartial jury.

Answer: Sixth Page Ref: 337 Objective: Summarize the right to a speedy trial.

Level: Basic 3) Under the Constitution, jury trials are not required in prosecutions of ________ crimes.

Answer: Petty Page Ref: 337 Objective: Explain the right to an impartial jury and how such a jury is selected.

Level: Basic 4) Another name for a court trial (when the defendant waives their jury trail rights) is a(n) ________ trial.

Answer: Bench Page Ref: 335 Objective: Explain the right to an impartial jury and how such a jury is selected.

Level: Basic 5) A judge with a conflict of interest in hearing a criminal trial should ________ themselves from the case.

Answer: Recuse Page Ref: 336

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Objective: Explain the right to an impartial judge.

Level: Intermediate 6) The right to a speedy trial applies once a person is ________ of a crime.

Answer: Accused Page Ref: 331 Objective: Summarize the right to a speedy trial.

Level: Basic 7) According to Smith v. Phillips, a challenge for cause to excuse a potential juror must be supported by a showing of ________ bias.

Answer: Actual Page Ref: 346 Objective: Explain the right to an impartial jury and how such a jury is selected.

Level: Difficult 8) During jury selection, a party has an unlimited number of challenges for ________.

Answer: Cause Page Ref: 346 Objective: Explain the right to an impartial jury and how such a jury is selected.

Level: Intermediate 9) The term ________ dire means “to see what is said.”

Answer: Voir Page Ref: 343 Objective: Explain the right to an impartial jury and how such a jury is selected.

Level: Basic 10) The Supreme Court has ruled that a five-member jury in a criminal case is ________.

Answer: Unconstitutional Page Ref: 338 Objective: Explain the right to an impartial jury and how such a jury is selected.

Level: Basic 13.4 Matching Questions 13-1. Match the term listed in Column 1 to the correct definition in Column 2.

A) A trial that meets with the Sixth Amendment’s requirement for a speedy trial B) The requirement that a person must first be accused (i.e., charged) in order for the Sixth Amendment’s speedy trial provision to apply C) A judge who is capable of basing their decisions on the law and who has no conflict of interest or pecuniary stake in the outcome of the case D) The list of individuals drawn from the jury list E) A jury that is capable of making a decision based solely on the facts of the case F) Historically protected groups that should not be excluded from jury service, namely women and people of color 415 Copyright © 2024 Pearson Education, Inc.

G) The master list from which prospective jurors are subpoenaed H) A means of excluding prospective jurors with no reason offered I) A means of excluding prospective jurors who cannot be impartial. Prosecutors and defense attorneys have an unlimited number of challenges for cause in criminal cases.

J) Exclusion of a distinctive group from jury service 1) Accusation rule Page Ref: 231 Objective: n/a Level: Basic 2) Challenges for cause Page Ref: 346 Objective: n/a Level: Basic 3) Distinctive group Page Ref: 342 Objective: n/a Level: Basic 4) Impartial judge Page Ref: 335 Objective: n/a Level: Basic 5) Impartial jury Page Ref: 337 Objective: n/a Level: Basic 6) Jury list Page Ref: 340 Objective: n/a Level: Basic 7) Jury panel Page Ref: 341 Objective: n/a Level: Basic 8) Speedy trial Page Ref: 330 Objective: n/a Level: Basic

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9) Peremptory challenges Page Ref: 347 Objective: n/a Level: Basic 10) Systematic exclusion Page Ref: 342 Objective: n/a Level: Basic Answers: 1) B 2) I 3) F 4) C 5) E 6) G 7) D 8) A 9) H 10) J 13.5 Essay Questions 1) Explain the right to a speedy trial and the remedy for a violation of the right.

Answer: Answers should address the Sixth Amendment’s guarantee of a speedy trial, that it applies from the time of arrest or the filing of charges absent an arrest, that it applies only to current charges (as opposed to previously dismissed ones), and that failure to bring charges in a timely fashion violates due process. A four-part test is used to determine if a violation occurred: 1. length of delay, 2. reason for delay, 3. defendant’s assertion of the right, and 4. prejudice. Finally, the remedy for a violation is dismissal of the charges.

Page Ref: 330-335 Objective: Summarize the right to a speedy trial.

Level: Difficult 2) Explain the jury selection process.

Answer: Answers should address the random selection of a jury pool and how it is randomly narrowed down to a panel for a particular trial and the available equal protection and “fair crosssection” challenges to those processes. The purpose and procedure for voir dire, type of challenges, and the impermissible bases for excluding jurors should also be explained.

Page Ref: 340-349 Objective: Explain the right to an impartial jury and how such a jury is selected.

Level: Difficult 3) Discuss three cases that settled questions regarding impartial judges.

Answer: Tumey v. Ohio (1927) found that a judge presiding over a criminal case cannot have a financial stake in the outcome. Ward v. Monroeville (1972) reached a similar decision that even if the feels or fines collected did not go directly to the judge, but paid to the town’s budget might make the judge partisan. In Mayberry v. Pennsylvania (1971), the Court found that “a judge may not oversee a criminal contempt proceeding where the judge has previously served as grand juror in the same case.”

Page Ref: 335-336 Objective: Explain the right to an impartial judge.

Level: Intermediate

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13.6 Critical Thinking Questions 1) Can most judges be considered truly impartial? Why do you feel this way?

Answer: Answers should address the idea that the Fourteenth Amendment guarantees the right to an impartial judge according to the Supreme Court. There can be no direct interest by the judge in the outcome of the case. An important point for discussion is that it is usually the judge who decides (upon challenge) whether they can be fair. The concepts of cause, peremptory challenge, and recusal should be addressed. Students should take a position and defend it in light of the above concepts.

Page Ref: 335-336 Objective: Explain the right to an impartial judge.

Level: Difficult 2) Does the voir dire process result in representative juries?

Answer: Answers should identify and explain the various steps in the voir dire process. Answers here can focus on whether a jury panel truly represents the community, the limited number of peremptory challenges, the limitations on excusing prospective jurors for inappropriate bias reasons, and how adequate a short period of questioning is in determining the potential bias and prejudices of a juror.

Page Ref: 343-349 Objective: Explain the right to an impartial jury and how such a jury is selected.

Level: Intermediate

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Criminal Procedure, 7e (Worrall) Chapter 14 More Rights at Trial 14.1 Multiple Choice Questions 1) With regard to the right to confrontation, the defendant must be physically present and: A) Remorseful B) Respectful C) Mentally competent D) Represented by counsel Answer: C Page Ref: 360-361 Objective: Summarize the right of confrontation.

Level: Intermediate 2) Hearsay is ________ admissible at criminal trials.

A) Rarely B) Never C) Always D) As often as not Answer: A Page Ref: 365 Objective: Summarize the right of confrontation.

Level: Basic 3) The Sixth Amendment guarantees the right to: A) Confrontation B) Compulsory process C) A public trial D) All of the above Answer: D Page Ref: 359 Objective: Summarize the right to a public trial.

Level: Basic 4) The Supreme Court recognized the right to a public trial in which case?

A) In re Oliver B) Waller v. Georgia C) Sheppard v. Maxwell D) All of the above Answer: D Page Ref: 356-357 419 Copyright © 2024 Pearson Education, Inc.

Objective: Summarize the right to a public trial.

Level: Intermediate 5) The right to a public trial stems from which amendment?

A) Fourth B) Fifth C) Fourteenth D) None of the above Answer: D Page Ref: 356 Objective: Summarize the right to a public trial.

Level: Intermediate 6) In which of the following ways is the right to confrontation manifested?

A) By allowing the defendant to be present B) By requiring live witness testimony C) The defendant must be able to challenge witness testimony in court D) All of the above Answer: D Page Ref: 359 Objective: Summarize the right of confrontation.

Level: Basic 7) The defendant’s right to live testimony: A) Can be sacrificed some of the time B) Must be scrupulously honored C) Applies only in felony cases D) None of the above Answer: A Page Ref: 363 Objective: Summarize the right of confrontation.

Level: Intermediate 8) 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 Answer: B Page Ref: 364

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Objective: Summarize the right of confrontation.

Level: Intermediate 9) Which constitutional amendment contains the double jeopardy clause?

A) Fourth B) Fifth C) Sixth D) Fourteenth Answer: B Page Ref: 373 Objective: Explain the concept of double jeopardy.

Level: Basic 10) 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 Answer: D Page Ref: 373 Objective: Explain the concept of double jeopardy.

Level: Basic 11) 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 Answer: A Page Ref: 373 Objective: Explain the concept of double jeopardy.

Level: Intermediate 12) 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 Answer: C Page Ref: 373 Objective: Explain the concept of double jeopardy.

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13) 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 Answer: C Page Ref: 373 Objective: Explain the concept of double jeopardy.

Level: Basic 14) Double jeopardy protection applies: A) In criminal proceedings B) In all types of cases C) In civil proceedings D) In administrative hearings Answer: A Page Ref: 374 Objective: Explain the concept of double jeopardy.

Level: Basic 15) The test for determining the “same offense” for double jeopardy purposes was announced in which case?

A) Benton v. Maryland B) Gideon v. Wainwright C) Kansas v. Hendricks D) Blockburger v. United States Answer: D Page Ref: 375 Objective: Explain the concept of double jeopardy.

Level: Intermediate 16) In which of the following circumstances does the protection against double jeopardy NOT apply?

A) When the second prosecution is based on conduct committed after the first prosecution B) When the defendant is responsible for the second prosecution C) If the defendant successfully appeals their criminal conviction D) All of the above Answer: D Page Ref: 375-376 Objective: Explain the concept of double jeopardy.

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17) What is the test used to determine the “same offense” for double jeopardy purposes?

A) Same offense test B) Blockburger rule C) Double jeopardy rule D) Squarehouse test Answer: B Page Ref: 375 Objective: Explain the concept of double jeopardy.

Level: Intermediate 18) Witness questioning proceeds in how may stages?

A) Two B) Four C) Six D) Eight Answer: B Page Ref: 367 Objective: Summarize the right of confrontation.

Level: Basic 19) The right to compulsory process provides that the accused can do which of the following?

A) Use subpoenas B) Obtain documents that may be helpful to their defense C) Present evidence D) All of the above Answer: D Page Ref: 370 Objective: Summarize the right to a compulsory process.

Level: Intermediate 20) Which type of examination is the fourth stage in the witness questioning process?

A) Re-cross B) Redirect C) Cross D) Direct Answer: A Page Ref: 368 Objective: Summarize the right of confrontation.

Level: Intermediate 21) Face-to-face contact between the accused and witness is ________ required.

A) Always B) Never 423 Copyright © 2024 Pearson Education, Inc.

C) Not always D) Rarely Answer: C Page Ref: 368 Objective: Summarize the right of confrontation.

Level: Basic 22) Double jeopardy does NOT apply when: A) A conviction is reversed on appeal and the person is re-prosecuted for the offense B) A person is re-prosecuted after acquittal C) A person is re-prosecuted after conviction D) A person is subjected to separate punishments for the same offense Answer: A Page Ref: 375-377 Objective: Explain the concept of double jeopardy.

Level: Intermediate 23) A defendant will often succeed in an entrapment defense when the government does which of the following?

A) Uses violence B) Supplies contraband that is wholly otherwise unobtainable C) Engages in a criminal enterprise D) All of the above Answer: D Page Ref: 378-379 Objective: Outline the classification and origins of the entrapment defense.

Level: Intermediate 14.2 True/False Questions 1) The accused always enjoys the right to their physical presence during the questioning of witnesses at trial.

Answer: FALSE Page Ref: 361 Objective: Summarize the right of confrontation.

Level: Basic 2) If the prosecution fails to conduct a careful search for a certain witness, and, in failing to do so, claims that the witness is unavailable, then the defendant’s right to live testimony will be violated.

Answer: TRUE Page Ref: 364 Objective: Summarize the right of confrontation.

Level: Basic

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3) The Supreme Court allows the prosecution to call attention to the defendant’s refusal to testify at trial.

Answer: FALSE Page Ref: 362 Objective: Summarize the right of confrontation.

Level: Basic 4) There are several exceptions to the hearsay rule.

Answer: TRUE Page Ref: 365 Objective: Summarize the right of confrontation.

Level: Basic 5) The Supreme Court has modified the definition of compulsory process to include the right of the defense to present evidence.

Answer: TRUE Page Ref: 372 Objective: Summarize the right to a compulsory process.

Level: Intermediate 6) A defendant in a criminal trial has an absolute right to be present at all phases during the trial.

Answer: FALSE Page Ref: 361 Objective: Summarize the right of confrontation.

Level: Intermediate 7) A defense attorney can waive the defendant’s right of confrontation.

Answer: FALSE Page Ref: 361 Objective: Summarize the right of confrontation.

Level: Intermediate 8) Double jeopardy occurs only when a person is subjected to separate punishments for the same offense.

Answer: FALSE Page Ref: 373 Objective: Explain the concept of double jeopardy.

Level: Intermediate 9) For double jeopardy purposes, the “same offense” is one that requires proof of the same facts that a second charged offense does.

Answer: TRUE Page Ref: 375 Objective: Explain the concept of double jeopardy.

Level: Intermediate

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10) If the defense plea-bargains over the prosecution’s objection, double-jeopardy protection still applies.

Answer: FALSE Page Ref: 381 Objective: Explain the concept of double jeopardy.

Level: Basic 11) Double jeopardy does not apply if a second prosecution is based on conduct committed after the first prosecution.

Answer: TRUE Page Ref: 381 Objective: Explain the concept of double jeopardy.

Level: Intermediate 12) The question as to whether the defendant has been placed in jeopardy involves complications in determining what is “the same offense.”

Answer: TRUE Page Ref: 375 Objective: Explain the concept of double jeopardy.

Level: Basic 13) Witness testimony proceeds in three stages.

Answer: FALSE Page Ref: 367 Objective: Summarize the right of confrontation.

Level: Basic 14) Double jeopardy does not apply to prosecutions for the same conduct brought by separate sovereigns.

Answer: TRUE Page Ref: 373 Objective: Explain the concept of double jeopardy.

Level: Intermediate 15) The entrapment defense is mentioned in the U.S. Constitution.

Answer: FALSE Page Ref: 378 Objective: Outline the classification and origins of the entrapment defense.

Level: Intermediate 14.3 Fill in the Blank Questions 1) The rule that allows a defendant to be present at their trial includes physical presence and mental ________.

Answer: Competence Page Ref: 361

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Objective: Summarize the right of confrontation.

Level: Difficult 2) The ________ Amendment provides that an accused person enjoys the right to be “confronted with the witnesses against him.”

Answer: Sixth Page Ref: 359 Objective: Summarize the right of confrontation.

Level: Intermediate 3) ________ is testimony about what a declarant who is not in court previously said.

Answer: Hearsay Page Ref: 365 Objective: Summarize the right of confrontation.

Level: Basic 4) Sometimes what a witness said in a prior court proceeding or deposition is allowed into evidence in a subsequent proceeding, under the ________ testimony hearsay exception.

Answer: Former Page Ref: 366 Objective: Summarize the right of confrontation.

Level: Intermediate 5) The first set of questions asked of a witness in a criminal trial is known as ________ examination.

Answer: Direct Page Ref: 367 Objective: Summarize the right of confrontation.

Level: Basic 6) Compelling witnesses to come to court to testify is known as the right to ________ process.

Answer: Compulsory Page Ref: 370 Objective: Summarize the right to a compulsory process.

Level: Intermediate 7) The constitutional right against double jeopardy is designed to ensure that a person who has been convicted or acquitted of a crime is not tried again for the ________ offense.

Answer: Same Page Ref: 373 Objective: Explain the concept of double jeopardy.

Level: Basic 8) The ________ rule says that if two different crimes have the same required elements, the two crimes are considered the same offense for jeopardy purposes.

Answer: Blockburger Page Ref: 375

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Objective: Explain the concept of double jeopardy.

Level: Difficult 9) The ________ Amendment contains the double jeopardy clause.

Answer: Fifth Page Ref: 373 Objective: Explain the concept of double jeopardy.

Level: Basic 10) ________ arises when the government plants the seeds of criminal intent in a person’s mind and causes the person to commit a crime that they otherwise would not have committed but for the government’s conduct.

Answer: Entrapment Page Ref: 379 Objective: Outline the classification and origins of the entrapment defense.

Level: Basic 14.4 Matching Questions 14-1. Match the term listed in Column 1 to the correct definition in Column 2.

A) A judicial order limiting what the press and/or the parties to a particular case can divulge until the proceedings are completed.

B) The confrontation requirement that adverse witnesses provide live testimony C) A process by which a trial is heard in another jurisdiction, perhaps in another county in the state D) Exceptions to the rule that hearsay is not permissible in a criminal trial E) One of two confrontation requirements. In order to be “present at his/her trial,” the defendant must be not only physically present but also mentally competent.

F) The defendant’s Sixth Amendment right to be present at their trial, hear live testimony of adverse witnesses, and challenge such witnesses’ statements in open court G) One of two confrontation requirements. In order to be “present at his/her trial,” the defendant must be physically present (as opposed, for example, to appearing via closed-circuit television).

H) The Fifth Amendment requirement that a person cannot be reprosecuted after acquittal, reprosecuted after conviction, or subjected to separate punishments for the same offense I) For purposes of confrontation, an unavailable witness is one who permanently moves to another country, cannot be located after a careful search by the prosecution, or suffers from a lapse in memory J) The Sixth Amendment requirement that criminal defendants enjoy the right to compel the production of witnesses and evidence 1) Change of venue Page Ref: 358 Objective: n/a Level: Basic

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2) Compulsory process Page Ref: 370 Objective: n/a Level: Basic 3) Confrontation Page Ref: 359 Objective: n/a Level: Basic 4) Double jeopardy Page Ref: 373 Objective: n/a Level: Basic 5) Gag order Page Ref: 358 Objective: n/a Level: Basic 6) Hearsay exceptions Page Ref: 365 Objective: n/a Level: Basic 7) Live testimony Page Ref: 363 Objective: n/a Level: Basic 8) Mental competence Page Ref: 361 Objective: n/a Level: Basic 9) Physical presence Page Ref: 360 Objective: n/a Level: Basic 10) Unavailable witness Page Ref: 363 Objective: n/a Level: Basic Answers: 1) C 2) J 3) F 4) H 5) A 6) D 7) B 8) E 9) G 10) I

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14.5 Essay Questions 1) Describe the purposes of the Sixth Amendment’s guarantee of a public trial. When does it apply?

Answer: Answers will focus on the purpose of public trials for the defendant’s protection and a restraint on possible governmental abuse of power. When trials may be closed and dealing with media influence should be addressed. Finally, good answers will explain the available options of dealing with case notoriety or press coverage.

Page Ref: 356-359 Objective: Summarize the right to a public trial.

Level: Basic 2) Explain the guarantee against double jeopardy.

Answer: Answers should define double jeopardy and explain the circumstances in which it arises–reprosecution after acquittal, re-prosecution after conviction, and separately punished for the same conduct. Students should explain the Blockburger rule on the “separate offense” issue. Finally, students should also address when the right does not apply⎯new circumstances (e.g., the death of an assault victim), defense-caused mistrials, and court-initiated plea-bargained dismissal of charges over the prosecution’s objections.

Page Ref: 373-378 Objective: Explain the concept of double jeopardy.

Level: Difficult 3) Summarize the four main Supreme Court cases on entrapment.

Answer: Sorrells v. United States (1932) found that government officials should not act on the part of an otherwise innocent person in order to lure them into committing a crime and punish them.

Sherman v. United States (1958) applied the predisposition test and determined entrapment was “patently clear.” United States v. Russel (1973) also looked at predisposition and concluded that entrapment did not apply. Hampton v. United States (1976) again looked at the defendant’s predisposition, and concluded that is what matters in context of entrapment, and not the government’s conduct.

Page Ref: 378-380 Objective: Outline the classification and origins of the entrapment defense.

Level: Intermediate 4) What are common hearsay exceptions?

Answer: Figure 14.2 provides a nice summary. Answers should include: present sense impression, excited utterance, then existing mental, emotional, or physical condition, statements for purposes of medical diagnosis or treatment, recorded recollections, records of regularly conducted activity, public records and reports, records of vital statistics, former testimony, statement under belief of impending death, statement against interest, and statement of personal or family history.

Page Ref: 366 Objective: Summarize the right to confrontation.

Level: Basic

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5) What impact did Washington v. Texas (1967) have on rights regarding the compulsory process?

Answer: The Sixth Amendment’s compulsory process clause appears to only grant the defendant the right to subpoena and question witnesses. The Supreme Court modified the definition of the compulsory process to include the right of the defense to present evidence.

Page Ref: 372 Objective: Summarize the right to compulsory process.

Level: Basic 14.6 Critical Thinking Questions 1) Should criminal trials truly be public? Why or why not?

Answer: Answers should take a position and support it in light of the purposes of a public trial ensuring a defendant’s rights are protected and checking a check against possible abuse of power.

Some situations are very sensitive, such as national security and child abuse victims. The issues with media attention and control are the crux of this question.

Page Ref: 356-358 Objective: Summarize the right to a public trial.

Level: Intermediate 2) Is the use of hearsay against a defendant ever fair?

Answer: Answers will define hearsay and discuss the problem of not being able to cross-examine the person who originally made the statement. Students should identify and describe some of the numerous exceptions to hearsay and the rationale for the exceptions. That hearsay is counter to the basic right of confrontation should be logically juxtaposed with the need for hearsay at times involving deceased or unavailable witnesses.

Page Ref: 364-370 Objective: Summarize the right of confrontation.

Level: Intermediate

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Criminal Procedure, 7e (Worrall) Chapter 15 Sentencing, Appeals, and Habeas Corpus 15.1 Multiple Choice Questions 1) When does sentencing occur?

A) Prior to trial B) At the end of the trial C) In a separate post-trial hearing D) If there is not too much case backlog Answer: C Page Ref: 385 Objective: Explain how an appropriate sentence is determined.

Level: Basic 2) Sentencing guidelines that must be strictly followed are known as: A) Non-prescriptive B) Prescriptive C) Unique D) Presumptive Answer: D Page Ref: 386 Objective: Explain how an appropriate sentence is determined.

Level: Basic 3) This report provides the judge with information concerning the defendant’s pretrial record, financial characteristics, family status, employment status, and other factors that can be relevant in deciding the appropriate sentence.

A) Presentence report B) Rehabilitation status C) Probation report D) Incident report Answer: A Page Ref: 385 Objective: Explain how an appropriate sentence is determined.

Level: Basic 4) Which type of sentencing gives the judge the authority to set the sentence?

A) Indeterminate B) Determinate C) Mandatory D) Sentencing guidelines

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Answer: A Page Ref: 385 Objective: Explain how an appropriate sentence is determined.

Level: Basic 5) Which type of sentencing takes discretion away from judges?

A) Indeterminate B) Determinate C) Mandatory D) Sentencing guidelines Answer: C Page Ref: 385 Objective: Explain how an appropriate sentence is determined.

Level: Basic 6) Sentencing based on what occupies the middle ground between indeterminate and determinate methods of sentencing?

A) Judicial discretion B) Sentencing guidelines C) Prosecutorial recommendations D) All of the above Answer: B Page Ref: 385 Objective: Explain how an appropriate sentence is determined.

Level: Basic 7) A sentence to four years in the state correctional institution is what type of sentence?

A) Indefinite B) Determinate C) Stacked D) Mandatory Answer: B Page Ref: 385 Objective: Explain how an appropriate sentence is determined.

Level: Basic 8) Which of the following factors does a judge consider when determining the appropriate sentence?

A) The defendant’s threat to the community B) The offender’s prior record C) The seriousness of the offense D) All of the above

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Answer: D Page Ref: 386 Objective: Explain how an appropriate sentence is determined.

Level: Basic 9) Which of the following factors may come into play when a judge determines the appropriate sentence?

A) Age B) Employment status C) Family ties D) All of the above Answer: D Page Ref: 386 Objective: Explain how an appropriate sentence is determined.

Level: Basic 10) The sentencing of a convicted offender almost always involves considering which of the following?

A) Both the seriousness of the offense and the offender’s prior record B) Just the seriousness of the offense C) Just the offender’s record D) The jury’s recommendation Answer: A Page Ref: 386 Objective: Explain how an appropriate sentence is determined.

Level: Intermediate 11) Which of the following can be influenced by the defendant’s degree of cooperation with the police?

A) The trial B) Sentencing C) Appeals D) Habeas corpus Answer: B Page Ref: 386 Objective: Explain how an appropriate sentence is determined.

Level: Basic 12) Furman v. Georgia was the first Supreme Court decision in which the death penalty was found to be: A) Cruel and unusual punishment B) Constitutionally permissible C) An unconstitutional punishment for juvenile offenders D) A permissible penalty for rape

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Answer: A Page Ref: 386 Objective: Explain how an appropriate sentence is determined.

Level: Intermediate 13) Which of the following is/are constitutional rights enjoyed during the sentencing phase?

A) Protection from double jeopardy B) Right to have counsel present C) Right to participate in sentencing D) All of the above Answer: D Page Ref: 390 Objective: Explain how an appropriate sentence is determined.

Level: Basic 14) Which of the following Amendments include(s) constitutional rights for the defendant during the sentencing phase?

A) Fifth B) Sixth C) Eight D) All of the above Answer: D Page Ref: 390 Objective: Explain how an appropriate sentence is determined.

Level: Basic 15) In which case did the Supreme Court reinstate the death penalty?

A) Furman v. Georgia B) Gregg v. Georgia C) Roberts v. United States D) Tennessee v. Garner Answer: B Page Ref: 388 Objective: Explain how an appropriate sentence is determined.

Level: Intermediate 16) Determining whether a sentence of death should be handed down is usually placed in whose hands?

A) Prosecutor B) Judge C) Defense attorney D) Jury

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Answer: D Page Ref: 388 Objective: Explain how an appropriate sentence is determined.

Level: Intermediate 17) In which case did the Supreme Court hold that the execution of people with intellectual disabilities violates the Eighth Amendment?

A) Gregg v. Georgia B) Thompson v. Oklahoma C) Atkins v. Virginia D) Tison v. Arizona Answer: C Page Ref: 389 Objective: Explain how an appropriate sentence is determined.

Level: Intermediate 18) Which amendment includes the guarantee against cruel and unusual punishment?

A) First B) Second C) Fifth D) Eighth Answer: D Page Ref: 391 Objective: Explain how an appropriate sentence is determined.

Level: Intermediate 19) In determining if the death penalty should be imposed, most state statutes call for two trials, also known as what?

A) Special trial B) Capital trial C) Bifurcated trial D) Serious felony trial Answer: C Page Ref: 388 Objective: Explain how an appropriate sentence is determined.

Level: Intermediate 20) A means of challenging the constitutionality of one’s confinement, best viewed as an alternative to appealing is referred to as: A) Habeas corpus B) Writ of certiorari C) Vis major D) Ratio decidendi 436 Copyright © 2024 Pearson Education, Inc.

Answer: A Page Ref: 402 Objective: Explain how an appropriate sentence is determined.

Level: Basic 21) Appeals are most commonly filed by whom?

A) Defense B) Prosecution C) Trial judge D) Victim Answer: A Page Ref: 398 Objective: Describe the various types of appeals and summarize the appeals process.

Level: Basic 22) The Supreme Court has held that appeals by the prosecution are permissible when?

A) At all stages of the criminal process B) Only once the defense appeals C) As authorized by law D) All of the above Answer: C Page Ref: 398 Objective: Describe the various types of appeals and summarize the appeals process.

Level: Intermediate 23) Which is true of appeals filed after adjudication?

A) Highly restricted B) Not allowed to the prosecution C) Not allowed to either side D) None of the above Answer: D Page Ref: 397 Objective: Describe the various types of appeals and summarize the appeals process.

Level: Intermediate 24) Which of the following are possible outcomes associated with an appeal?

A) A trial de novo B) Reversal of a lower court’s decision C) Remand for future proceedings D) All of the above Answer: D Page Ref: 391

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Objective: Describe the various types of appeals and summarize the appeals process.

Level: Intermediate 25) Rights enjoyed during the appellate process include which of the following?

A) Access to trial transcripts B) Access to counsel C) The right to be free from government retaliation D) All of the above Answer: D Page Ref: 392 Objective: Describe the various types of appeals and summarize the appeals process.

Level: Basic 26) Which of the following are considered serious constitutional violations that cannot be considered harmless error?

A) A coerced confession B) Violation of the right to counsel C) Double jeopardy D) All of the above Answer: D Page Ref: 399 Objective: Describe the various types of appeals and summarize the appeals process.

Level: Basic 27) Which of the following types of appeals is usually filed prior to adjudication?

A) Interlocutory appeal B) De novo appeal C) Pro bono appeal D) Direct appeal Answer: A Page Ref: 396 Objective: Describe the various types of appeals and summarize the appeals process.

Level: Intermediate 28) In which of the following cases did the Supreme Court hold that habeas corpus petitioners enjoy the right to counsel?

A) Townsend v. Sain B) Ross v. Moffitt C) Bounds v. Smith D) None of the above Answer: D Page Ref: 408

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Objective: Summarize the right to, and restrictions on, habeas corpus.

Level: Intermediate 29) Which of the following statutes is most known for the restrictions it places on habeas corpus?

A) The PATRIOT Act B) The Habeas Corpus Restriction Act C) The Antiterrorism and Effective Death Penalty Act D) The Omnibus Crime Control and Safe Streets Act Answer: C Page Ref: 410 Objective: Summarize the right to, and restrictions on, habeas corpus.

Level: Intermediate 30) With regard to habeas corpus, the Supreme Court has restricted which of the following?

A) The types of claims that can succeed B) Untimely petitions C) Multiple habeas petitions D) All of the above Answer: D Page Ref: 414 Objective: Summarize the right to, and restrictions on, habeas corpus.

Level: Intermediate 15.2 True/False Questions 1) In a concurrent sentence, the defendant serves time for one crime then must serve time for another crime.

Answer: FALSE Page Ref: 386 Objective: Explain how an appropriate sentence is determined.

Level: Basic 2) Judges always decide whether a convicted criminal should be sentenced to death.

Answer: FALSE Page Ref: 388 Objective: Explain how an appropriate sentence is determined.

Level: Basic 3) Convicted criminals enjoy no constitutional rights during sentencing.

Answer: FALSE Page Ref: 390 Objective: Explain how an appropriate sentence is determined.

Level: Basic

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4) A defendant is entitled to a reasonable punishment for their crime.

Answer: TRUE Page Ref: 390 Objective: Explain how an appropriate sentence is determined.

Level: Basic 5) Most jurisdictions have a “going rate” for a criminal offense.

Answer: TRUE Page Ref: 386 Objective: Explain how an appropriate sentence is determined.

Level: Intermediate 6) The defendant’s degree of cooperation with police has no bearing on the sentence imposed.

Answer: FALSE Page Ref: 386 Objective: Explain how an appropriate sentence is determined.

Level: Basic 7) Sentencing cannot be affected by the number of separate crimes growing out of a single criminal act.

Answer: FALSE Page Ref: 386 Objective: Explain how an appropriate sentence is determined.

Level: Basic 8) A defendant who pleads guilty must receive the same sentence as a defendant who is found guilty in a trial.

Answer: FALSE Page Ref: 386 Objective: Explain how an appropriate sentence is determined.

Level: Basic 9) Indeterminate sentencing gives judges the authority of setting a sentence.

Answer: TRUE Page Ref: 385 Objective: Explain how an appropriate sentence is determined.

Level: Basic 10) Harmless error can be of either a constitutional or non-constitutional variety.

Answer: TRUE Page Ref: 399 Objective: Explain how an appropriate sentence is determined.

Level: Intermediate

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11) Discretionary appeals are automatically granted by law.

Answer: FALSE Page Ref: 391 Objective: Describe the various types of appeals and summarize the appeals process.

Level: Basic 12) An appeal of right, or direct appeal, is automatically granted to the defendant by law.

Answer: TRUE Page Ref: 391 Objective: Describe the various types of appeals and summarize the appeals process.

Level: Intermediate 13) Most commonly, appeals are filed by the prosecution.

Answer: FALSE Page Ref: 391 Objective: Describe the various types of appeals and summarize the appeals process.

Level: Intermediate 14) Third parties–besides the prosecution and defense–are sometimes permitted to appeal.

Answer: TRUE Page Ref: 398 Objective: Describe the various types of appeals and summarize the appeals process.

Level: Intermediate 15) The prosecution may never appeal the rulings of a trial judge.

Answer: FALSE Page Ref: 398 Objective: Describe the various types of appeals and summarize the appeals process.

Level: Intermediate 16) Trials de novo are common occurrences in the appellate process.

Answer: FALSE Page Ref: 391 Objective: Describe the various types of appeals and summarize the appeals process.

Level: Intermediate 17) Habeas corpus literally means “you have the body.”

Answer: TRUE Page Ref: 402 Objective: Summarize the right to, and restrictions on, habeas corpus.

Level: Basic 18) The Supreme Court has ruled that there can be no restrictions put on habeas corpus.

Answer: FALSE Page Ref: 404

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Objective: Summarize the right to, and restrictions on, habeas corpus.

Level: Intermediate 19) A convicted defendant must typically exhaust all available state-level appeals before habeas corpus is an available option.

Answer: TRUE Page Ref: 405 Objective: Summarize the right to, and restrictions on, habeas corpus.

Level: Basic 20) The Antiterrorism and Effective Death Penalty Act of 1996 expands the availability of habeas corpus for defendants convicted under the act.

Answer: FALSE Page Ref: 410 Objective: Summarize the right to, and restrictions on, habeas corpus.

Level: Intermediate 15.3 Fill in the Blank Questions 1) In a(n) ________ sentence, the defendant serves time for more than one crime at once.

Answer: Concurrent Page Ref: 386 Objective: Explain how an appropriate sentence is determined.

Level: Intermediate 2) ________ sentencing has the effect of treating all offenders similarly.

Answer: Determinate Page Ref: 385 Objective: Explain how an appropriate sentence is determined.

Level: Intermediate 3) “Three strikes” laws are examples of ________ sentencing.

Answer: Mandatory Page Ref: 385 Objective: Explain how an appropriate sentence is determined.

Level: Intermediate 4) ________ sentencing permits the judge to hand down a fixed sentence that cannot later be altered by a parole board.

Answer: Determinate Page Ref: 385 Objective: Explain how an appropriate sentence is determined.

Level: Basic 5) Bifurcated trials are usually reserved for ________ crimes.

Answer: Capital Page Ref: 388 442 Copyright © 2024 Pearson Education, Inc.

Objective: Explain how an appropriate sentence is determined.

Level: Intermediate 6) An appeal of right, or ________ appeal, is automatically granted to the defendant by law.

Answer: Direct Page Ref: 391 Objective: Explain how an appropriate sentence is determined.

Level: Basic 7) When the defendant appeals for a trial de novo, they are requesting a new, ________ trial at the appellate level.

Answer: Independent Page Ref: 391 Objective: Explain how an appropriate sentence is determined.

Level: Difficult 8) The mandatory victim restitution provisions of the AEDPA require the federal court impose mandatory restitution, without consideration of the defendant’s ability to ________.

Answer: Pay Page Ref: 410 Objective: Summarize the right to, and restrictions on, habeas corpus.

Level: Basic 9) The most common method of challenging one’s conviction is to ________.

Answer: Appeal Page Ref: 402 Objective: Summarize the right to, and restrictions on, habeas corpus.

Level: Basic 10) A defendant is entitled to a(n) ________ punishment for their crime.

Answer: Reasonable Page Ref: 390 Objective: Explain how an appropriate sentence is determined.

Level: Basic 15.4 Matching Questions 15-1. Match the term listed in Column 1 to the correct definition in Column 2.

A) A sentencing strategy that permits the judge to set the sentence, and the sentence cannot later be altered by a parole board B) A sentencing strategy that gives the judge the authority to set the sentence C) A means of challenging the constitutionality of one’s confinement, best viewed as an alternative to appealing D) The requirement that interlocutory appeals dealing with questions of the defendant’s guilt (rather than questions of a constitutional nature) cannot be heard until after final adjudication

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E) Holding two separate proceedings in the death penalty context, one for determining guilt and another for determining the appropriate sentence (e.g., death or life in prison) F) State and federal rules used to set sentences based on offense severity and the offender’s prior record G) An appeal that is authorized by law H) An appeal that will be heard only if the reviewing court agrees to do so I) The practice of asking an appellate court to examine a lower court’s decision in order to determine whether the proper procedure was followed or the correct law was applied J) A mistake at the trial level that has little practical consequence in terms of deciding whether the defendant is guilty or innocent 1) Appeal Page Ref: 391 Objective: n/a Level: Basic 2) Bifurcated trial Page Ref: 388 Objective: n/a Level: Basic 3) Determinate sentencing Page Ref: 385 Objective: n/a Level: Basic 4) Direct appeal Page Ref: 391 Objective: n/a Level: Basic 5) Discretionary appeal Page Ref: 391 Objective: n/a Level: Basic 6) Final judgment rule Page Ref: 396 Objective: n/a Level: Basic 7) Habeas corpus Page Ref: 402 Objective: n/a Level: Basic 8) Harmless error Page Ref: 399 444 Copyright © 2024 Pearson Education, Inc.

Objective: n/a Level: Basic 9) Indeterminate sentencing Page Ref: 385 Objective: n/a Level: Basic 10) Sentencing guidelines Page Ref: 385 Objective: n/a Level: Basic Answers: 1) I 2) E 3) A 4) G 5) H 6) D 7) C 8) J 9) B 10) F 15.5 Essay Questions 1) Explain the final judgement rule and the interlocutory appeal.

Answer: The final judgement rule limits appeals until the court hands down its final judgement as to the defendant’s guilt. In very limited circumstances, a defendant may file an appeal prior to adjudication. This appeal is governed by a complex and confusing body of case law.

Page Ref: 396 Objective: Describe the various types of appeals and summarize the appeals process.

Level: Intermediate 2) What are the different types of noncapital prison sentences, and how is an appropriate sentence determined?

Answer: Good answers should focus on the four basic types of sentences: indeterminate, determinate, mandatory, and sentencing guidelines. Students need to define and explain each type. Regarding an appropriate sentence, students should point out that a sentencing judge will consider both the seriousness of the offense as well as the offender’s record.

Page Ref: 385 Objective: Explain how an appropriate sentence is determined.

Level: Difficult 3) Explain the process of a writ in regard to habeas corpus.

Answer: After a petition for habeas corpus is filed, the petition asks the court to issue a writ of habeas corpus. If the writ is issued the petitioner is brought before the court so the constitutionality of their confinement can be reviewed. The Supreme Court hears a limited number of cases each term, and it is unlikely that it will issue a writ. The defendant can petition the federal district court. Very strict rules and timelines are required in submitting a correct habeas corpus.

Page Ref: 402-403 Objective: Summarize the right to, and restrictions on, habeas corpus.

Level: Intermediate

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15.6 Critical Thinking Questions 1) What is your opinion of the Antiterrorism and Effective Death Penalty Act (AEDPA)? Note that it was passed following the Oklahoma City bombing and appears to be concerned with combating terrorism.

Answer: Good answers should focus on the purpose of the AEDPA, its new crimes and criminal procedures, and the limitations it put on federal habeas corpus for all cases. The act provided for mandatory victim restitution, eased deportation requirements, and set a low compensation rate for court-appointed attorneys and defense investigation fees. Regarding habeas corpus, it severely restricts habeas relief in death penalty cases and curbs multiple writ petitions. Students should take a position on whether the restrictions are appropriate or too big of an infringement on tradition criminal procedure and habeas protections.

Page Ref: 410-412 Objective: Summarize the right to, and restrictions on, habeas corpus.

Level: Difficult 2) Find a death penalty case. Summarize the case and discuss whether or not the death penalty is appropriate in this case.

Answer: Answers will vary.

Page Ref: 386-388 Objective: Explain how an appropriate sentence is determined.

Level: Intermediate

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