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WorksheetsPS2 Practice 50 Questions
Total questions: 56
Worksheet time: 28mins
Our system of justice is based on the ________ process.
adversarial
innocence
guilt
group
The least serious category of crime is:
treason.
a felony.
an infraction.
a misdemeanor.
Because of the danger of conviction in a trial by jury, an accused would frequently revert to:
trial by judge.
trial by justice.
trial by ordeal.
trial by combat.
In the case of Katz v. United States, the Supreme Court expanded the scope of the Fourth Amendment by:
establishing an expectation of privacy zone.
holding that the Fourth Amendment protects property interests.
establishing a good faith rule.
All of the above are correct.
The Fourth Amendment deals with:
searches.
seizures.
searches and seizures of persons.
searches and seizures of property.
all of the above
This U.S. Supreme Court held that police may use a drug-sniffing dog around the outside of a vehicle during a routine traffic stop even when police have no grounds to suspect illegal activity.
Illinois v. Caballes
Terry v. Ohio
Arizona v. Gant
United States v. Karo
The major purpose of the exclusionary rule is:
to protect the rights of defendants.
to prevent the police from prosecuting defendants
the deterrence effect.
none of the above are correct.
In the case of Wong Sun v. United States, the Supreme Court held that:
the exclusionary rule was not applicable when the government learns of the evidence from a source independent of any taint.
not all evidence is automatically barred simply because it may have been gathered in violation of the Constitution.
illegally obtained evidence may be admitted if it could have been obtained by means sufficiently distinguishable to be purged of the primary taint of illegality.
All of the above statements are correct.
Which of the following is NOT an exception to the 4th Amendment?
plain view
open fields
residential curtilage
incident to arrest
In ________, the Supreme Court held that the use of a beeper attached to the suspect's car was not a search within the scope of the Fourth Amendment because it did not infringe on any privacy interest and conveyed no protected information.
Illinois v. Caballes
Terry v. Ohio
Arizona v. Gant
United States v. Karo
The "fruits of the poisonous tree" doctrine applies to:
arrests.
confessions.
searches.
All of the above.
The exclusionary rule was applied to the states by the case of:
Wolf v. Colorado.
Leon v. United States.
Mapp v. Ohio.
All of the above
If a police officer enters a business during normal business hours and opens a door marked private and observes criminal activity, that activity falls under the zone of privacy rule, and it would be deemed an illegal search.
Katz
Terry
Mapp
Johnson
Abandonment, plain view, and open fields are:
exceptions to the hearsay rule.
exceptions to the Fourth Amendment.
Supreme Court cases.
not important to an understanding to the Fourth Amendment.
This concept holds that the seizure of illegal evidence which is visible to a police officer if the officer's access to the object has a Fourth Amendment justification is acceptable.
Stop and frisk
Independent source
Exigent circumstances
Plain view
Which of the following is an exception to an individual's expectation of privacy in a fenced backyard?
The open air above the yard visible to an airplane or helicopter
The curtilage around the fence
A building located inside the fenced backyard
A back patio
In which of the cases listed below was the defendant taken to the police station and questioned continuously for two (2) days before he confessed?
Brown v. Mississippi
Ashcraft v. Tennessee
Escobedo v. Illinois
Spano v. New York
In which of the cases listed below did police use a rookie police officer to trick the defendant into confessing?
Brown v. Mississippi
Ashcraft v. Tennessee
Escobedo v. Illinois
Spano v. New York
A federal marshal has jurisdiction to make an arrest in which of the following locations?
Anywhere within the territorial limits of the United States
Only in the state in which he or she is assigned
Only in a state when accompanied by a local law enforcement officer
None of the above answers are correct.
When is it permissible for a law enforcement officer to use force in making an arrest?
When he/she has reasonable cause to believe that the person to be arrested has committed a public offense
In felony cases only
Only when the individual to be arrested is dangerous to the community.
Only with an arrest warrant
A detention requires at least:
reasonable suspicion.
an un-articulable police hunch.
probable cause.
preponderance of evidence.
The two most common types of detention are the pedestrian stop (Terry v. Ohio) and:
the administrative inspection.
the consent stop.
the vehicle stop.
the legislative stop.
The U.S. Supreme Court in Terry developed the concept of searches of differential intrusiveness, and in those cases in which the intrusiveness is minimal; the standard of ________ was deemed sufficient.
Probable Cause
Stare Decisis
Reasonable Suspicion
Lotus Maximus
The ________ case developed the concept of stop and frisk.
Simmons
Jackson
Johnson
Terry
Terry stops are restricted to:
the outer clothing.
reaching only inside the waistband.
reaching only into pockets of an individual.
Terry stops are not restrictive of searching an individual.
Generally, before the police may affect a lawful detention, the officers need to possess a ________ that the person may be involved in criminal behavior.
police hunch
reasonable suspicion
probable cause
proof beyond a reasonable doubt
The ______ of the United States Constitution protects individuals against unreasonable searches and seizures.
1st Amendment
4th Amendment
5th Amendment
8th Amendment
Which U.S. Constitutional Amendment reads in part, "no person shall be compelled in any criminal case to be a witness against himself?"
1st Amendment
4th Amendment
5th Amendment
8th Amendment
The Supreme Court's majority opinion in ______ stated that the privilege is needed to prevent the police from extracting false confessions through torture or threats.
Mapp v. Ohio
Terry v. Ohio
Miranda v. Arizona
Texas v. Johnson
In many jurisdictions the initial and first appearance before a judge where the state reads the official charges, called an information or indictment, against the defendant is referred to as the:
arrest
arraignment
booking
indictment
An arrested person must be taken before a magistrate:
within 6 days
within 5 days
without unnecessary delay
as soon as possible
The ______ Amendment to the U.S. Constitution provides that excessive bail shall not be required.
Fourth
Sixth
Eighth
Fourteenth
Which of the following statements is correct regarding the authority of the magistrate at the preliminary hearing?
The magistrate has subpoena power at the hearing
The magistrate has investigative power at the hearing
The magistrate has the primary duty of determining if there is probable cause to hold the accused over for trial.
All of the above are correct
______ refers to the accused's mental state at the time of the accused act.
Competency
Insanity
Aptitude
Capability
Invoking the rule means that:
witnesses have a right to hear the testimony of other witness.
witnesses are excluded from the courtroom when other witnesses are testifying.
the defendant will be excluded from the courtroom when the victim is testifying.
the defendant must be present for any testimony.
A statement, other than one made by the declarant while testifying at the trial or hearing, offered in evidence to prove the truth of the matter asserted.
Hearsay
Relevance
Adaptive
Inclusive
Hearsay is inadmissible unless:
an exception is applicable.
approved by the jury.
stipulated by the prosecutor.
stipulated by both the prosecutor and the judge.
Which of the following is NOT an exception to the Hearsay rule?
Affidavits to show grounds for issuing warrants.
Affidavits to determine issues of fact in connection with motions.
A statement describing or explaining an event or condition made within one calendar year of a declarant experiencing it.
A statement relating to a startling event or condition made while the declarant was under the stress of excitement caused by the event or condition.
When the defendant claims that he did not know that what he was doing was wrong, he is invoking what insanity test?
Durham
Mc'Naghten
ALI
Substantial capacity
If the competency of the defendant is in question:
the proceeding is stopped until the issue of competency is determined.
a plea of not guilty by reason of insanity is entered.
the defendant must be placed in a mental hospital.
the trial proceeds with the defense having the assistance of a psychiatrist.
Devaluation of the testimony by cross-examination is referred to as ________ in the field of evidence.
impeachment
objection
sustain
ruling
The guarantee against cruel and unusual punishment is in the:
First Amendment
Second Amendment
Fifth Amendment
Eighth Amendment
The primary purpose of punishment is to:
set an example
punish the offender
get even with the offender
protect society
If an offender violates the terms of his or her probation, the offender:
must be returned to prison
must be sent to jail
may be sentenced to imprisonment
must be given at least one chance to correct his or her problems
A sentence may include which of the following terms?
Imprisonment and/or money fine and/or rehabilitation
Life imprisonment or death penalty
Imprisonment and/or suspended sentence and or probation
All of the above
A sentence to "four years in the state correctional institution" is a(n) ________ sentence.
indefinite
definite
stacked
mandatory
Probation is believed to have begun in America by:
John Augustus
William Penn
Rufus Cook
Jeremy Bentham
The presentence investigation is usually conducted by a staff member of the:
probation department
parole department
police department
District Attorneys office
The ______ sentence has been attacked by inmates on the allegation that it violates the due process of law because of its uncertainty, and, as such, is cruel and unusual punishment.
indeterminate
determinate
congealed
combined
Probation is a form of _______, and an offender has no inherent right to demand to be placed on probation.
retribution
clemency
vengeance
an indeterminate sentence
In which of the cases listed below did police refuse a defendant's request to see his attorney?
Brown v. Mississippi
Ashcraft v. Tennessee
Miranda v. Arizona
Escobedo v. Illinois
Spano v. New York
When it comes to criminal trials where is a defendant supposed to have his case heard?
Depends on the where the location it is based on the 4 quadrants of the United States
Judicial District in which the crime was committed.
Where the suspect claims his residence like the elections process.
In a city located next to their city to get a fair and unbiased jury.
Which amendment sets forth qualifications for juries?
1st
8th
10th
6th
The Magna Charta made rules for the juries so that defendants could have which of the following?
To keep constables out of the sentencing process
No Freeman shall be seized or imprisoned except by judgement of their peers
To allow the Queen freedom from relying on her court
To determine whether someone was able to do their homework and succeed.
What does the 19th Amendment guarantee?
Guarantees the right to freedom of the press
Re-states the right to freedom speech
Guarantees women the right to vote
Guarantees the right to unreasonable searches and seizures
The Supreme Court has held that convictions which rest upon confessions shown to have been extorted are a violation of the due process of law required by the ________ and must be reversed.
1st Amendment
4th Amendment
5th Amendment
14th Amendment
