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420 Cards in this Set
- Front
- Back
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Private wongs for which you can sue the party who wronged you recover money are known as |
Torts
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Who has the burden of proof regarding criminal conduct? |
The prosecution |
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An offense which is punishable by one year or more in the state prison is called a
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Felony
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What thought processes that human beings seek pleasure and avoid pain?
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Hedonism |
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To obtain a conviction, the prosecution must prove every element of the offense
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Beyond a reasonable doubt
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Which theory of crime focuses on an "eye for an eye" mentality and emphasizes am getting even?
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Retribution
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The police decision to investigate or not as an example of what kind of decision-making?
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Discretionary
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Who formulated the theory that rational human beings will commit crimes if they know that the pain of the punishments outweighs the pleasure they hope to get from committing the crime?
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Jeremy Bentham
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The assumption underlying rehabilitation theory is that
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Forces beyond offenders control cause them to commit crimes and experts using the correct therapy can reform criminals |
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What part of criminal law consists of principles that applied to more than one crime? |
Generic part of criminal law
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What part of criminal law defines specific crimes and arranges them into groups according to subject matter?
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Special part of criminal law
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Which of the following is a high standard of proof known to the law?
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Beyond a reasonable doubt |
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When professionals make judgments based on their training, their experience, and unwritten rules this is called
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Discretionary decision making |
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Sentencing laws that make prison release depending on rehabilitation recalled
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Indeterminate sentencing laws
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Mala prohibita crimes include all of the following except
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Rape
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Administrative crimes
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Are a rapidly growing source of law
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The legal rule that court has decided to apply to the facts of the cases is called the
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Holding |
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If an Appellate Court affirms the decision of the court immediately below, this means that the lower court's decision is
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Upheld |
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What was the original source of law?
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Common law
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Who did legal reformers believe should make laws?
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The legislatures
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What are some other reasons that American Law Institute created the Model Penal Code?
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Clarification and simplification |
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According to what principle most of the specific law defining a crime in setting out to the punishment before person can be punished for that crime
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The principle of legality |
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What is the name of a law that criminalizes an act that was innocent when it was committed
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Ex post Facto law
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What doctrine is concerned with giving individuals fair notice of what is criminal and preventing arbitrary or discretionary enforcement of laws
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Void-for-vagueness
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Which amendments to the constitution resulted in the void-for-vagueness doctrine
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The fifth and fourteenth amendments |
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Which amendment to the constitution requires that states provide equal protection of the law
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The 14th amendment |
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Which amendment to the constitution contains the equal prosecution clause?
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The 14th amendment
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Which of the following rights is guaranteed by the fourth amendment?
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The right to freedom from unreasonable search and seizure
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What name is given to an offense, sexually explicit material that is not protected by the first amendment?
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Obscenity |
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A trial without a jury is called
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A bench trial
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The void-for-overbreadth doctrine invalidates laws that have what effect on protected expression?
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In unacceptable chilling effect
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Which the following is protected by the first amendment
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Flag burning as a political protest
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Which of the following it kind of punishments are prohibited by the eighth amendment?
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Barbaric
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Which amendment contains the ban on cruel and unusual punishment
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The eighth amendment
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In what case to the supreme court ruled that death by electrocution did not violate the cruel and unusual punishment clause?
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In re Kemmler (1890)
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The crimes requiring a criminal act triggered by criminal intent are
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Conduct crimes
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The requirement that mental attitudes have to turn into deeds is called
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Manifest criminality
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Only voluntary acts qualify as criminal
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actus reus
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The character or condition of a person or thing is known as it's
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Status
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Which doctrine imposes a legal duty to help recall for help for imperiled strangers
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The Good Samaritan doctrine
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Most states follow which of the following?
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The American bystander rule
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Which type of possession is had when one has physical control of banned stuff?
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Actual possession
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When you possess something you don't know you possess, it is called
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mere possession
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Which of the following refers to who we are?
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Status
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The criminal law refers to a failure to act when there is a legal duty o act as
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an omission
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Which of the following is not a type of culpability in the model penal code?
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Willfulness
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The mental element of a crime is called the
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mens rea
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Proximate cause is a subjective question of fairness that appeals to the jury's a sense of
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guilt
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Another term for criminal act is
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actus reus
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Mistake is a defense whenever the mistake prevents the formation of any fault-based
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animus
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The objective determination that the defendants acted triggered a chain of events that ended as the bad result is called
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cause in fact
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Faults that requires a bad mind in the act is called
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subjective fault
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The calls that either interrupts a chain of events or substantially contributes to a result is called the
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proximate cause
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What is the only direct evidence of the defendant's mens rea?
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A confession
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In the model penal code the most blameworthy state of mind is
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purposely
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What is the default degree of culpability wear codes fail to identify a level of culpability?
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Recklessness
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Intent to commit a criminal act as defined in the statute is known as
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general intent |
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Liability without fault, or in the absence of mens rea, is called
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strict liability |
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Factual caus is also known as which of the following
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"but for" cause
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Failure of proof defenses are also known as
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mistakes
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Which kind of fault requires no purposeful or conscious bad mind in the actor?
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Objective
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Criminal liability without subjective or objective fault is also called
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strict liability
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The subjective judgment that it's fair and just to blame the defendant for the bad result is called what?
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legal cause
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What term is Latin for guilty mind?
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mens Rea
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A defense in which the defendant accepts responsibility for the act but claims what they did was right is called
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justification
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A defense in which the defendant admits the act that claims that, under the circumstances, they aren't legally responsible is called what?
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excuse
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Circumstances that convince fact finder's that defendants don't deserve the maximum penalty for the crime they're convicted of are called
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mitigating circumstances
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Most offences are perfect defenses; if their successful, defendants are
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acquitted
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The castle exception is an exception to what doctrine?
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The retreat doctrine
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Defensive force may be used only if the threat or danger is
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imminent
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What is the heart of self defense?
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Necessity |
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The retreat requirement is weakest or nonexistent when persons are attacked
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in their own homes
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Which doctrine holds a person that does not have to retreat if he or she didn't start the fight, even if it is safely possible?
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Standard your ground rule
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Supporters of the castle law see them as the public reasserting what?
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Fundamental rights
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Evidence that doesn't amount to a perfect defense might amount to a/an
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imperfect defense
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Self defense consists of how many elements?
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4
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The defense of consent recognizes the societal value of
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individual autonomy
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Knowing consent means
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the person consenting understands what she's consenting to |
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When you're attacked in your home, you can stand your ground and use deadly force to fend off an unprovoked attack, but only if you reasonably believe the attack threatens death or serious bodily injury. This is known as the
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castle exception
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Which state passed the first to Newcastle doctrine?
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Florida
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Which of the following is an obstacle to proving that PMS defense?
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All of these answers are obstacles to proving the PMS defense
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Which war led to the defense of post-traumatic stress disorder defense (PTSD)?
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The Vietnam War
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What is the name of the right-wrong test of insanity
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the M'naghten rule
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Under the M'Naghten test of insanity, the defendant is legally insane at the time of the crime if, because of a mental disease or defect, he did not know that what he was doing was wrong or did not know what?
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that the behavior was against the law
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For purposes of insanity statutes, mental diseases do not include
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psychopathic and sociopathic personalities
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Which test of insanity focuses on the defendant's inability to control their conduct?
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irresistible impulse
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Which test of insanity from the model penal code incorporates both the application and control of components of other tests?
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Substantial capacity
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What is another name for the product test?
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the Durham rule
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In the 1980s, the Federal gov't in many states change their insanity defenses after the insanity acquittal of who?
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John Hinckley
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At common law, children above what age were presumed to be capable of criminal intent just like adults?
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14
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What legal term applies when a juvenile court gives up jurisdiction over a juvenile in transfers the case to the adult criminal court?
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Waiver
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Defendants to plead that the insanity defense successfully
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face civil commitment
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Participants before and during the commission of crimes are what?
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Guilty of the crime itself
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Participants after the commission of crimes are what?
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Sometimes guilty of a separate, less serious offence
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Participants after crimes are committed are known as what?
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Accessories
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An agreement to commit a crime is a
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conspiracy
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What is the name of the role that the conspiracy to commit the crime in the crime committed as a result of the conspiracy are different offenses?
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The Pinkerton rule
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According to what role is even presence at the scene of a crime followed by flight not enough action to satisfy the actus reus requirement of accomplice liability?
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The mere presence rule
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If they encourage and approve the commission of a crime, words can amount to
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accomplice actus reus
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Vicarious liability transfers the actus reus and the mens rea of one person to another person--or from the one or more persons to an enterprise--because of their
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relationship
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Which type of a liability establishes when you can be criminally liable for someone else's conduct?
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Complicity
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What type of liability establishes when a party can be criminally liable because of a relationship?
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Vicarious
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Under the common law, accessories after the fact were
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punished in the same manner as the person who committed the crime |
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Modern accessory after the facts statutes typically have how many mens rea elements?
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4
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Accessory to a crime is a separate offense, usually a what?
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Misdemeanor
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Purposely acting and wanting a crime to succeed clearly qualifies as accomplice
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Mens rea
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What theory of accomplice liability that assumes we're autonomous agents with the freedom to choose our actions?
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Agency theory
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What theory of accomplice liability assumes that when you choose to participate in crime, you forfeit your right to be treated as an individual?
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Forfeited personal identity theory
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Criminal attempts, criminal conspiracies, and criminal solicitation are all what kind of crimes?
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Inchoate
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What rationale looks at how close defendants came to completing their crimes?
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The dangerous act rationale
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Physical proximity tests of the actus reus of attempt focus on
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how close the defendant gets to committing the crime
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Which rationale concentrates on how fully defendants have developed their criminal purpose?
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The dangerous person rationale
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Which test asks whether defendants have reached a point where they've gotten control of everything they need to complete a crime?
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The indispensable element test
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Which test asks whether defendants have come "dangerously close" to completing the crime?
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Dangerous proximity to success test
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Which test examines whether an ordinary person who saw the defendant's acts without knowing her intent would believe she was determined to commit the indented crime?
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The unequivocality test
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Which test focuses on whether defendants have gone far enough for completing the crime that it's unlikely they'll turn back?
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The probable desistance test
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A conspiracy where participants at one end may know nothing of those of the other end, but every participant handles the same commodity at different points, such as manufacture, distribution, and sale is known as
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a chain conspiracy
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Trying to commit crimes, but not completing them, is known as
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criminal attempt
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What has occurred when actors intend to commit crimes, and do everything they can to carry out their criminal intent, but the criminal law doesn't ban what they did?
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A legal impossibility
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Which the following would be a valid impossibility defense?
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What the defendant plans to do to the victim is not a criminal act
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Stabbing already dead victim as an example of
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a factual impossibility
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Inchoate offenses punish people for crimes they've started to commit
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but have not finished committing
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The defendant sees a car he wants to steal and breaks the window glass. The police interrupt. It turns out the car belongs to the defendant. The defendant
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has a valid defense of legal impossibility
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To be a defense to attempt, the abandonment of the attempt must be
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voluntary
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The core of conspiracy is what?
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Several people agreeing to commit a crime
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What is a criminal objective?
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The criminal goal to commit a crime
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What act is a specialized conspiracy law frequency utilized against organized and white collar crime?
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RICO
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The guilty mind a conspiracy isn't clearly defined in the modern legislation, and courts have taken imprecise, widely divergent, and inconsistent approaches to the
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mens rea problem
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According to the uniform brain death act, a person is considered dead when
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he or she has suffered irreversible the cessation of all brain functions, including those of the brain stem |
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As the common law developed, murder was distinguished from manslaughter in that murder required
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malice afterthought
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Throughout most of its history, homicide law has followed what rule?
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The born alive rule
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What is the name of assisted suicide?
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Euthanasia |
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What state was the first two separate murder into 2 degrees?
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Pennsylvania
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Bifurcation requires what?
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That in a death penalty case there are two phases: the trial on guilt or innocence and a separate hearing, after a guilty verdict, to consider the evidence for and against capital punishment. The |
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In a death penalty case, a finding by the jury that the defendant did not have a significant criminal background is considered
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a mitigating factor
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Killing done by someone not of sound memory and discretion is known as what?
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Excusable homicide
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If an armored offender accidentally killed the store clerk during an armed robbery, this would be
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felony murder
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Probably the most publicized corporate murder case involves the deaths of three young women who were killed on an Indiana highway in 1978 when one car exploded?
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Ford Pinto
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They are how many types of crimes against persons?
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Four
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One of the most critical problems and sex offenses is to distinguish flirting in seduction from what?
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Sexual assault
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Rape shield statutes
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for habit introducing evidence of victims past conduct |
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Since the 1970s, rape laws have been reformed by
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relaxing the prompt reporting rule |
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The vast majority of rape victims are raped by
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individuals they know
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What kind of crime is rape?
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General intent
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Statutory rape is what kind of crime in most states?
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Strict liability
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To satisfy the threat of force requirement in a sexual assault trial, the prosecution my show that the victim honestly feared imminent and serious harm and
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the victims fear was reasonable under the circumstances
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Which crime of rape involves an adult having sex with a child, even if the child consented
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statutory
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What crime is second only to murder and being regarded as one of the most serious crimes?
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Rape
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Rape by strangers or individuals with weapons to physically injure their victim is
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aggravated rape
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A battery is
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unwanted and unjustified offensive touching |
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An assault as a threatened or attempted is what?
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Battery
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In the 1970s and 80's, many states abolished what ruled that required prosecution to back up a rape victim's testimony with that of other witnesses?
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The corroboration rule
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Today, in most jurisdictions, rape includes how many elements?
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Three
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Domestic violence crimes have been transformed from a private concern to criminal justice problem since what decade?
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Since the early 1970s
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Tricking the victim into believing the act she consented to wasn't sexual intercourse is known as
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fraud in the fact
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The crime of stalking
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was first enacted in California in 1990.
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What fear test of most states adopted from the model penal code to evaluate the harm caused to the stalking victim?
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Subjective and objective
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What crime is it when a person uses the Internet, e-mail, or other electronic communication devices to stalk another person?
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Cyberstalking
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Asportation is one of the elements of kidnapping. Asportation means
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carrying away
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Add common law, kidnapping consisted of how many elements?
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Six
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What kind of crime is kidnapping?
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Specific intent
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Domestic violence crime since the early 1970s have been transformed from a private concern to a what?
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Criminal justice problem
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Why is rape considered to be such a serious crime?
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Rape a violates intimacy and autonomy
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What are the only two sex offenses originally recognize by criminal law?
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Rape and sodomy
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None consensual sex between individuals who are known to one another is called
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unarmed acquaintance rape
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It's almost impossible to get details about which kind of rape victims?
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Males
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"Requires only the amount of physical effort necessary to accomplish penetration" is which definition of force for rape mens rea
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intrinsic force
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What is the name of the exception to the force in resistance rule that says rape occurs when the fraud is in the benefits promised, not in the act?
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Fraud in the inducement
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In statutory rape, what statutes for force?
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Immaturity
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What was the first non consensual, nonviolent taking felony?
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Larceny
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What crime was created to deal with caretakers who wrongfully appropriated the money that came into their possession but really belongs to others?
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Embezzlement
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Larceny was born as the common law tool to protect the Anglo-Saxons' most valuable possession which was
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livestock
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Illegally obtaining property by a trick, deception, or lie is called |
false pretenses |
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Which of the following terms means theft by deceit?
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Obtaining property by false pretenses
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Legislatures responded to the problem of unlawful conversion of property by creating what felony?
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Embezzlement
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The group of crimes under common law were referred to as abuse of trust crimes eventually came to be called
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white collar crimes
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Most states have made an attempt to better organize the law of theft by enacting what statutes?
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Consolidated theft
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Professionals who sell stolen property for profit are called
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fences
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The Federal mail fraud statute played an essential role in the government's case against
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Thomas Maze
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What is the name of the scheme in which schemers tell investors their buying assets like real estate, stocks and bonds, or consumer products when in fact, their buying nothing?
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Ponzi schemes
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What is the crime in which theft is accomplished under circumstances intended to terrorize the victim by actual injury or the threat of imminent injury to the victim?
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Robbery
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Robbery is really to crimes, theft and
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assault
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What is the name of the crime when an attacker compromises routing packets to direct a file or transmission to a different location?
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Spoofing
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The actus reus of receiving stolen property is that active receiving the
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property
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The heart of burglary in criminal trespass is
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invading other's property
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Blackstone's definition of burglary just before the American revolution emphasizes the special nature of
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Homes
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The term "intellectual property" refers to
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ideas and their application in practice
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Today, disorderly conduct crimes are most often referred to as
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quality of life crimes
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The current disorderly conduct statutes grew out of the common law crime of
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breach of the peace
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Broken windows theory is concerned with which of the following?
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A direct link between disorder and crime
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At common law, the offenses of unlawful assembly in route to involved a minimum of
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three persons
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Laws targeting poor people's behavior, in their attitudes behind them, began to change during what?
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The great depression
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What theory suggests that public order crime is serious because it eventually causes more serious crimes?
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Broken windows
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The broken windows theory was originate it by who?
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Wilson and Kelling
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Courts began striking down vagrancy and loitering laws because they violated which doctrine?
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Void for Vagueness
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The crime of vagrancy refers to what?
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Poor people roaming around without visible means of support
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Interactive Digital Software Association sued St. Louis County alleging that an ordnance in the county violated their first amendment right to "free expression." The ordnance restricted what?
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Access to video games
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The crime of loitering refers to
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remaining in one place with no apparent purpose
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Panhandling statutes to not apply to
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organize charities that solicit donations on the street
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Because flag burning is protected speech, attempts to regulate it must meet the requirements of which amendment in the U.S. constitution?
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First
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What is the name of a temporary court order to do or to stop doing something?
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Preliminary injunction
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Which of the following is not an issue addressed by the "Matrix Program?"
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Rape
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To deal with king problems many cities have utilized the civil remedy of injunction to abate what?
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Public nuisances
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The term victimless crime usually only applies to the conduct of
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adults
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Which of the following is not an example of a victimless crime
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embezzlement
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The debate between Mill and Stephen concerns the relationship between what?
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Morality and a law
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What are disorderly conduct crimes meant to control?
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Bad manners
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In most states, prostitution and promoting prostitution are
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misdemeanors
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Historically, who is in punished the harshest for prostitution?
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Women |
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The theory of incorporation finally adopted by the Supreme Court was_____ incorporation.
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Selective
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The doctrine of _____allows to jurisdictions to try an individual for the same offense without violating double jeopardy
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dual sovereignty
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The judicial power of the Federal gov't is created in article _____ of the constitution
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III
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What clause of the 14th amendment was the vehicle for incorporation of rights against the states?
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Due process
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If a court has a legal authority teach your case, this means that the court has:
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jurisdiction
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The ban on cruel and unusual punishment an excessive fines and bail is found in the ___amendment.
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Eighth
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The right to speedy, public and a jury trials, and to confront inverse witnesses are found in the _____ amendment.
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Sixth
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An easily extensible source of court decisions is the:
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Internet
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U.S. District court opinions are published in the
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Federal Supplement
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Jurisdiction refers to
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the power of a court to try a case |
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The protection against double jeopardy is found in the _____amendment.
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Fifth
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The concept of venue refers to:
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the place where the case will be tried
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The court of last resort in most states for both civil and criminal cases is called the:
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supreme court
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Stare decisis is the principle that:
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New cases should be decided in a fashion consistent with the law established in prior cases
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The U.S. supreme court has _____ members.
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Nine
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The U.S. supreme court hears all its cases:
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En banc
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The number of justices that must agree in order for a case to be heard on its merits by the U.S. Supreme Court is: |
Four |
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Under the rule of law:
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no person is above the law
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The judicial review is the power of a court to:
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void laws are official acts which are inconsistent with the U.S. constitution
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In a case citation, the name of the parties is called:
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the case title
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The number of U.S. supreme court justice votes required when a case in the U.S. supreme court when all nine justices are voting is:
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five
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The protection against self incrimination is found in the _____amendment.
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fifth
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Defendants are entitled to a lawyer at a plea bargaining under the _____amendment.
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Sixth
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The person who decides it imposes senses in most states is
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the judge
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The document that leads to the issuance of an arrest warrant is a:
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complaint
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The process by which personal and identifying information is gathered by police from a person who is then arrested is called:
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booking
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23 of the 50 states use ______ as the sole source of names for jury duty
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the voter registration list
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Most arrest in the us are made ______.
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Without a warrant
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A preliminary hearing is usually held for what three main purposes?
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Determination of probable cause, discovery, decision on "binding over." |
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A grand jury hearing:
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may result in an indictment of probable cause a shown
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A ______ occurs when the defendant agrees to plead guilty in return for promises or concessions from the prosecutor
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plea bargain
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A question that suggests to the witness the desired answer is known as a:
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leading question
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Rebuttal evidence are arguments by party are designed to:
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cast doubt on the opposing parties evidence or witnesses
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A plea of ______ has the same effect as a plea of guilty, except that it cannot be used against the defendant in sub sequence civil action involving the same event.
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nolo contendere
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The written accusation prepared by prosecutors called a/an:
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information
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A venire is a/an:
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assembled a group of perspective jurors
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A complaint is a charge made before proper law enforcement or judicial officer alleging:
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a crime is being committed
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A writ by which convicts challenge their convictions after exhausting all of their appeals is:
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habeas corpus
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The dismissal of a juror based on reason specified by the laws known as:
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challenge for cause
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Which of the following does not require probable cause?
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Stop and frisk
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Which of the following does the court consider what evaluating information given by informants?
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Both quality and credibility of the information
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Which amendment is most concerned with probable cause?
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The fourth
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When an officer seeks to obtain a warrant from a magistrate, it is important that all the information necessary to establish probable cause can be included in the:
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affidavit
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What level of proof is required for an officer to conduct a stop and frisk?
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A reasonable suspicion
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An officer can use which of the following to establish probable cause?
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All of these
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An initial determination of probable cause by a police officer may be subject to review by the court if the defendant files a:
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motion to suppress evidence
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The Federal exclusionary rule may be triggered by violation of which of the following?
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The fourth amendment
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The prosecution my show beyond a reasonable doubt that the evidence erroneously admitted did not contribute to the conviction in order to prove:
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harmless error
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The silver platter doctrine:
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has been overruled by the Supreme Court
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In order for person to invoke the exclusionary rule, they must have:
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standing
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The exclusionary rule provides evidence obtained by the gov't officials in violation of the fourth amendment ban on unreasonable searches and seizures is not admissible in:
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a criminal proceeding as evidence of guilt |
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The purpose of the exclusionary rule is to:
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deter police misconduct |
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Historically, the exclusionary rule
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originated in the U.S. |
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If the police make an honest and reasonable a error or mistake which violates the fourth amendment, the evidence may still be admissible under application of the ______ exception.
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Good faith
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Which exception applies when the prosecution can show that police would later I found the evidence in question anyway using lawful means?
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Inevitable discovery
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Which of the following is an argument in favor of the exclusionary rule?
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It deters police misconduct
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Which the following is an argument against exclusionary rule?
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It make society pay for an officer's mistakes
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If the motion to exclude evidence fails during appeal, a defendant may still invoke the exclusionary rule through a:
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habeas corpus proceeding
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The primary purpose of the exclusionary rule is two deter misconduct by:
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police
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A frisk is a pat down of the outer clothing to find:
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weapons |
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For stop and frisk to be valid, there must be reasonable suspicion:
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to stop and frisk |
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The fourth amendment forbids:
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unreasonable searches and seizures
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The supreme court held that unprovoked flight upon observing the police may constitute a reasonable suspicion sufficient to justify a/an:
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stop |
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Reasonable suspicion can be based on a tip from informer only if that the tip:
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carries some indicia of reliability |
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stopping a person based on ethnic identity is called:
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racial profiling
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Although the court is not directly addressed this issue, it is safe to say that which of the following is unconstitutional?
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Stopping a motorist based on race alone
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A stop becomes an arrest when it is:
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longer than necessary
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A _____ must be limited initially to a pat down of a person's outer clothing:
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frisk
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An officer may seize an item during a frisky if it is immediately apparent that the item is:
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a weapon or contraband
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_____ is defined as the taking of a person and a custody against his or her well for the purpose of criminal prosecution or interrogation?
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Arrest
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Which of the following is not one of the elements of arrest?
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Perception of the officer
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What are two types of seizure?
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Actual and constructive
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What must a police officer present to a magistrate to obtain an arrest warrant? |
a complaint |
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An arrest warrant which has a detailed description of the suspect that does not have the suspects name is known as a/an ______ warrant.
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John Doe
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In general, before serving or executing an arrest or search warrant at a residence, the officer must:
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knock and announce our identity and purpose
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Taking a person into custody by the use of firearms is a type of:
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actual seizure
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Which of the following is a court order or a writ which commands that police officer take a person into custody?
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Capias
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In most states, warrants are issued by:
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judges |
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A writ from a court ordering a person to appear in court in a specific time is known as a:
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citation |
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Searches and seizures of things are governed by:
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the fourth amendment
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Which of the following is not a recognized exception of the search warrant requirement?
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Crime scene
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The common factor in all special needs searches is that they:
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are not initiated by police
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Which of the following is not a special needs search?
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Exigent circumstances
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The term contraband generally means:
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items which are illegal for anyone to possess
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One way in which search warrants are different from arrest warrants is that search warrants:
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can expire
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Under the fourth amendment, a search is a/an:
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intrusion into an area where a person has a reasonable expectation of privacy
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Under the fourth amendment, a seizure is:
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a meaningful interference with the possessory interest in property |
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Which of the following is mere evidence?
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Bloodstained clothing and shoes
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Which of the following may be searched after a valid arrest?
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Both their body and the immediate area
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A search warrant is issued by magistrate on the basis of a _____ signed in prepared by a police officer.
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Sworn affidavit
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A police officer who wanted to obtain a warrant immediate lead to search a location, on the expectation that contraband will arrive there later, would seek a/an _____ search warrant.
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Anticipatory
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Which of the following is not an exception to the warrant requirement?
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Search of a home
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Searches and seizures by private citizens acting solely on their own:
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are not covered by the fourth amendment
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Under the exception for search incident to a lawful arrest, officers may search:
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the area in which the suspect could reach to obtain a weapon or to destroy evidence
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Warrantless searches with consent are valid, but the consent must be witch of the following
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voluntary
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The exception for exigent circumstances applies when there's some kind of emergency situation that makes _____ dangers, useless, or unnecessary.
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Obtaining a search warrant
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Which of the following groups have undiminished constitutional rights?
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College students
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Airport searches require which of the following?
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None of the above
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The contents of an affidavit must be sufficient to allow an independent evaluation of probable cause by a
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magistrate
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The U.S. supreme court held that the only requirement for public high school officials need for a valid search of students is
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reasonable grounds
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In searches and seizures without a warrant, who has the burden of proof regarding probable cause?
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The police
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A custodial search may be deemed incident to arrest even when carried out later than the time of arrest, if:
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there was a valid reason for the delay
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In 2005, the U.S. supreme court held that a dog sniffed conducted during a lawful traffic stop that reveals no information other than the location of an illegal substance that no individual has any right to possess does not violate the:
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fourth amendment
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Under the fourth amendment, which of the following is not a valid purpose for setting up a roadblock?
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Drug detection
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A stop by a police officer for no reason or without any justification is:
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illegal
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In pretext stops, the test for a validity concerns:
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whether ordinarily the police officers could have made the stop
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The vehicle stopped is a fourth amendment:
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the seizure of persons and property
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The minimum requirement for a vehicle stopped, with regard to particular vehicle or driver is:
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reasonable suspicion
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The minimum requirement for an officer to arrest the passengers of a car along with the driver is:
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probable cause
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The two requirements for the vehicle or automobile exception to the one requirement are:
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probable cause in the vehicle be mobile
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An officer makes a valid traffic stop and issues a valid ticket for the traffic violation. Officer has no additional information of criminal activity, and without permission from the driver, the officer searches the vehicle. And the fourth amendment, this search is:
|
invalid because there is neither probable cause nor consent
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In general, the justification for a vehicle stop is:
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reasonable suspicion
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_____ searches of vehicles are valid that most followed departmental rules.
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Inventory
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Police may not see is abandoned property if
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illegal police activity caused the abandonment
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The _____ doctrine states that items that are within the site of an officer who was lawfully in the place from which the view is made me properly be seized without a warrant--as long as such items are immediately recognized as being subject to seizure.
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Plain view
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Under the _____ doctrine, open areas outside of the curtilage are not protected by the fourth amendment.
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Open fields
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An officer's activity and looking at an item from a place where the officer has a right to be is covered under the
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plain view doctrine
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In which of the following situations where plain view not apply?
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An officer has secretly entered the suspects home
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Yards, garages, fenced areas, Barnes, and outbuildings are usually deemed to be part of
|
the curtilage
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Under the plain view doctrine an officer must have gained awareness of the item solely by
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sight
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In 1998, the Federal gov't opened a national _____ database.
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DNA
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Due process and align it means that the line it must not be
|
both a and B are correct (unfair; impermissibly suggestive)
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The suspect is not entitled to Miranda warnings before being put into a lineup because
|
there's no interrogation a testimonial evidence from the suspect
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Due process requires that identification procedures be basically
|
totally non suggestive
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Which of the following identification procedures is generally the most likely to be suggestive?
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Show up
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Miranda warnings must be give in to any suspect in police custody who is
|
questioned by police
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The due process requirement for fairness is violated if identification procedures are
|
impermissibly sugestive
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The privilege against self incrimination does not apply to identification procedures, because that privilege applies only to _____ evidence
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real or physical
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Which of the following types of evidence has a strong to scientific foundation?
|
DNA testing
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The role of the suspects Atty. in the lineup is to
|
tried to ensure the line us is fair
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According to the Wade-Gilbert rule, if the suspect cannot afford a lawyer,
|
the state must appoint one
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The process of brain fingerprinting involves assessing a suspects response
|
to stimuli in the form of words and pictures presented on a computer monitor
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The rule that a defendant is not entitled to the presence and advice of a lawyer during the lineup for other face to face confrontation because he's not been formally charged with an offence is known as the
|
Wade-Gilbert rule
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Which of the following procedures is not admissible in court
|
polygraph test results
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What standard is required for the gov't to demonstrate that an admission of a confession is harmless error?
|
Beyond a reasonable doubt if the
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In an interrogation situation, a suspect may have two different sources of our right to counsel, Miranda and the _____ amendment
|
fifth
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Just for the statements taken in violation of Miranda May be used
|
to impeach the credibility of a defendant who testifies
|
|
|
Under the Edwards rule, even if a suspect has invoked their right to an Atty. under Miranda, the police may RE interrogate the suspect if
|
the suspect initiates contact with the police
|
|
|
The former Ada, the courts decided on the admissibility of confessions in admissions on a case by case basis, based on
|
the public safety exception
|
|
|
Miranda warnings are required in place custodial interrogations because of concerns about
|
fifth amendment privilege against self incrimination
|
|
|
Miranda warnings must be given any suspect who is
|
in police custody and interrogated by the police
|
|
|
To be valid, a Miranda waiver must be
|
intelligent and to knowing
|
|
|
For Miranda purposes, in custody usually means the person is under arrest or
|
deprived of freedom in a significant way
|
|
|
Murray and in the privilege against self incrimination do not apply to identification procedures because the warnings and privilege apply only to
|
physical evidence
|
|
|
The Miranda warnings must be given one a suspect is interrogated for which of the following offenses?
|
Felony and misdemeanor
|
|
|
Which of the following is not a valid technique for controlling pre judicial publicity in a criminal case?
|
Closing the trial to the public and media
|
|
|
Under the sixth amendment, in state criminal cases, the minimum number of jurors required is
|
six
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|
|
Which of the following guilty verdict jury votes has been upheld by the U.S. Supreme Court?
|
Seven of 12
|
|
|
The statute that prohibits prosecution for crime if the person is not prosecuted within a certain amount of time is called a statute of
|
limitation
|
|
|
A change of venue, sequestering of the jury, constituents, gag rules and controls on the media are all mechanisms which, under certain circumstances, judges may use to
|
control prejuducual publicity
|
|
|
Immunity from prosecution, were the witnesses assured only that his or her testimony and evidence derived from it will not be used against him or her in a subsequent prosecution is called:
|
use and derivative use immunity
|
|
|
Which of the following is not one of the three main methods that governments use to provide attorneys for indigent criminal defendants?
|
Retained counsel
|
|
|
At trial, the defendant testifies in his or her own behalf. Under the fifth amendment, the defendant
|
can be cross examined by the prosecution and ask incriminating questions only if granted immunity
|
|
|
From the defendant's perspective, the best kind of immunity to have is _____
|
transactional immunity |
|
|
If a prosecutor a defense Atty. used peremptory challenges to remove potential jurors solely on the basis of that potential jurors race or gender, it would be a violation of
|
the equal protection clause
|
|
|
A defendant has sixth amendment right to an Atty.
|
At preliminary hearings
|
|
|
The test for whether an error by a trial counsel constitutes ineffective assistance of counsel is whether
|
the defendant could've gotten a better deal by plea bargaining
|
|
|
The defendant in a criminal cases the right not to take the stand and not testify. This is known as
|
the privilege of the accused
|
|
|
Immunity that provides the witness can no longer be prosecuted for any offense whatsoever arising out of that actor transactions called
|
transactional immunity
|
|
|
The amendment that guarantees the right to trial by jury of peers is the
|
sixth amendment
|
|
|
The right to a fair and impartial trial comes from what amendment to the constitution?
|
Both the fifth and 14th
|
|
|
A defense lawyers loyalty is to _____, not to society
|
the client
|
|
|
Before nick use can be permitted to waive council and represent himself or herself, which of the following constitutional requirements must be met?
|
All of these (Awareness, express waiver, competency)
|
|
|
Sentences are imposed by
|
judges or juries
|
|
|
Sentencing goals and objectives generally fall into four categories. Which of the following is not one of those categories?
|
Vengeance
|
|
|
Giving sentencing authorities discretion reflects the philosophy of the:
|
positive school of criminology
|
|
|
Different sentencing given for similar crimes is known as
|
sentencing disparity
|
|
|
Cruel and unusual punishment is prohibited by the eighth amendment to the U.S. constitution, but is a generally plan which of the following
|
sentences
|
|
|
Which the following is not one of the five general categories of criminal senses
|
fine, torture, and restitution
|
|
|
Jails are places of confinement usually reserved for which of the following?
|
Detainees
|
|
|
Prisoners' the United States used the viewed as virtual
|
slaves of the state
|
|
|
Which of the following reasons were used to justify the hands off policy towards prisoners?
|
All of the above
|
|
|
The release of a prisoner prior to the end of his or her prison term but subject to supervision is known as
|
parole
|
|
|
A convicted offender is allowed to remain free in the community subject to court impose conditions and under supervision is on
|
probation
|
|
|
Which of the following is a type of probation?
|
Both shock and intensive
|
|
|
Which of the following is not a common condition of probation
|
report to the court monthly
|
|
|
In addition a hearing on a probation revocation, probationers are given such basic rights as
|
all of these
|
|
|
The right to a lawyer during revocation proceedings is
|
decided on a case by case basis
|
|
|
A fine is defined as
|
in monetary punishment imposed by a lawful tribunal upon a person convicted of crime
|
|
|
In monetary penalty is defined as
|
a sum of money exacted for the doing or failure to perform some act
|
|
|
Sentencing is the formal pronouncement of punishment in a criminal prosecution following:
|
conviction
|
|
|
Property is taken from a person as a result of committing a crime has been
|
forfeited
|
|
|
Returning a person to his or her original situation prior to a loss or injury is
|
restitution
|
|
|
As of 2012, how many states had death penalty laws?
|
33
|
|
|
Which of the following sentence is constitutes cruel and unusual punishment?
|
A grossly disproportionate sentence
|
|
|
Vague and broad criminal laws can be challenged as unconstitutional because
|
they fail to properly inform a potential offender of the prohibited conduct and are therefore unfair
|
|
|
Removing or remediating presumed causes of crime by providing economic, psychological, are socialization assistance to do offenders to reduce the likelihood of continuing crime is the goal and objective of sentencing known as
|
rehabilitation
|
|
|
Punishing offenders to express societal disapproval of criminal behavior without specific regard to prevention of crime by the offender or among the general public has a goal and objective of sensing known as
|
retribution
|
|
|
Separating offenders from the community to reduce opportunity for further commission of crime is the goal and objective of sensing known as
|
incapacitation that
|
|
|
Sanctioning convicted offender cert is crime by making the public in the offender aware of the certainty and severity of punishment for criminal behavior is the goal and objective of sensing known as
|
deterrence
|
|
|
Rules that set out a uniform sentencing policy for convicted defendants are called
|
sentencing guidelines
|
|
|
The doctrine that holds the gov't functions are owed to the general public that not to specific individuals is the
|
public duty doctrine
|
|
|
Which defense, in section 1983 cases, holds that an offer is not civilly liable unless here she violated a clearly establish statutory and constitutional right of which a reason all person would known
|
the qualified immunity defense
|
|
|
The use of power possessed by virtue of law and made possible only because officers clothed with the authority of the state is known as
|
Acting under color of law
|
|
|
Title 42 of the U.S. code, section 1980 three's commonly referred to as
|
the civil rights law
|
|
|
The main difference between assault and battery is that
|
the assault as generally menacing conduct that results in a person's fear of imminently
|
|
|
To obtain money damages from a police officer under section 1983, the plaintiff must prove the officer was acting under color of the law and that the officer
|
violated a constitutional right or one given by Federal law
|
|
|
A tort is
|
a civil wrong in which the action of one person causes injury to the person or property of another person in violation of the duty imposed by law
|
|
|
The breach of a common law or statutory duty to act to reasonably to those who may foreseeable be harmed by once conduct is known as a/an
|
negligence tort
|
|
|
False arrest, false imprisonment, assault, and battery are examples of
|
intentional torts
|
|
|
Which of the following is not one of the threesome categories of legal liabilities under Federal and state laws?
|
Public
|
|
|
Which of the following is not a requirement to establish the official immunity defense in state court actions?
|
Special relationship
|
|
|
One exception to the public duty doctrine occurs when there is
|
a special relationship
|
|
|
Two categories of types of force used by police officers are
|
not deadly and deadly
|
|
|
A section 1983 cases filed under
|
Federal law
|
|
|
Most state agencies, by law or official policy, provide representation to the state law enforcement officers in civil actions. Such a representation is usually undertaken by
|
the state Atty. general
|
|
|
Assault is
|
both the apprehension of offensive conduct and the threat to inflict bodily harm
|
|
|
Battery is
|
the intentional infliction of harmful offensive body contact
|
|
|
The main purpose of the exclusionary rule is
|
deter police misconduct
|
|
|
The term police supervisors includes
|
all of these (Sergeants, captains, sheriffs)
|
|
|
Which defense, and section 1983 cases, holds that the officer acted in the honest belief that the action taken or the decision was appropriate under the circumstances?
|
The good faith defense |
