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211 Cards in this Set

  • Front
  • Back

The theory of incorporation finally adopted by the Supreme Court was_____ incorporation.

The doctrine of _____allows to jurisdictions to try an individual for the same offense without violating double jeopardy
dual sovereignty
The judicial power of the Federal gov't is created in article _____ of the constitution
What clause of the 14th amendment was the vehicle for incorporation of rights against the states?
Due process
If a court has a legal authority teach your case, this means that the court has:
The ban on cruel and unusual punishment an excessive fines and bail is found in the ___amendment.
The right to speedy, public and a jury trials, and to confront inverse witnesses are found in the _____ amendment.
In easily extensible source of court decisions is the:
U.S. District court opinions are published in the
Federal Supplement
Jurisdiction refers to

the power of a court to try a case

The protection against double jeopardy is found in the _____amendment.
The concept of venue refers to:
the place where the case will be tried
The court of last resort in most states for both civil and criminal cases is called the:
supreme court
Stare decisis is the principle that:
in cases should be decided in a fashion consistent with the law established in prior cases
The U.S. supreme court has _____ members.
The U.S. supreme court hears all its cases:
En banc
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:


Under the rule of law:
no person is above the law
The judicial review is the power of a court to:
void laws are official acts which are inconsistent with the U.S. constitution
In a case citation, the name of the parties is called:
the case title
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:
The protection against self incrimination is found in the _____amendment.
Defendants are entitled to a lawyer at a plea bargaining under the _____amendment.
The person who decides it imposes senses in most states it is
the judge
The document that leads to the issuance of an arrest warrant is a:
The process by which personal and identifying information is gathered by police from a person who is then arrested is called:
23 of the 50 states use ______ as the sole source of names for jury duty
the voter registration list
Most arrest in the us are made ______.
Without a warrant
A preliminary hearing is usually held for what three main purposes?

Determination of probable cause, discovery, decision on "binding over."

A grand jury hearing:
may result in an indictment of probable cause a shown
A ______ occurs when the defendant agrees to plead guilty in return for promises or concessions from the prosecutor
plea bargain
A question that suggests to the witness the desire to answer is known as a:
leading question
Rebuttal evidence are arguments by party are designed to:
cast doubt on the opposing parties evidence or witnesses
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.
nolo contendere
The raid an accusation prepared by prosecutors called a/an:
A venire is a/an:
assembled a group of perspective jurors
A complaint is a charge made before proper law enforcement or judicial officer alleging:
a crime is being committed
A writ by which convex challenge their convictions after exhausting all of their appeals is:
habeas corpus
The dismissal of a juror based on reason specified by the laws known as:
challenge for cause
Which of the following does not require probable cause?
Stop and frisk
Which of the following does the court consider what evaluating information given by informants?
Both quality and credibility of the information
Which amendment is most concerned with probable cause?
The fourth
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:
What level of proof is required for an officer to conduct a stop and frisk?
A reasonable suspicion
An officer can use which of the following to establish probable cause?
All of these
An initial determination of probable cause by a police officer may be subject to review by the court if the defendant files a:
motion to suppress evidence
The Federal exclusionary rule may be triggered by violation of which of the following?
The fourth amendment
The prosecution my show beyond a reasonable doubt that the evidence erroneously admitted did not contribute to the conviction in order to prove:
harmless error
The silver platter doctrine:
has been overruled by the Supreme Court
In order for person to invoke the exclusionary rule, they must have:

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:

a criminal proceeding as evidence of guilt

The purpose of the exclusionary rule is to:

deter police misconduct

Historically, the exclusionary rule

originated in the U.S.

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.
Good faith
Which exception applies when the prosecution can show that police would later I found the evidence in question anyway using lawful means?
Inevitable discovery
Which of the following is an argument in favor of the exclusionary rule?
It deters police misconduct
Which the following is an argument against exclusionary rule?
It make society pay for an officer's mistakes
If the motion to exclude evidence fails during appeal, a defendant may still invoke the exclusionary rule through a:

habeas corpus proceeding

The primary purpose of the exclusionary rule is two deter misconduct by:


If risk as a pad down of the outer clothing to find:
For stop and frisk to be valid, there must be reasonable suspicion:
to stop
The fourth amendment forbids:
unreasonable searches and seizures
The supreme court held that unprovoked flight upon observing the police may constitute a reasonable suspicion sufficient to justify a/an:


Reasonable suspicion can be based on a tip from informer only if that the tip:

carries some indicia of reliability

stopping a person based on ethnic identity is called:
racial profiling
Although the court is not directly addressed this issue, it is safe to say that which of the following is unconstitutional?
Stopping a motorist based on race alone
A stop becomes an arrest when it is:
longer than necessary
A _____ must be limited initially to a pat down of a person's outer clothing:
An officer may seize an item during a frisky if it is immediately apparent that the item is:
a weapon or contraband
_____ is defined as the taking of a person and a custody against his or her well for the purpose of criminal prosecution or interrogation?
Which of the following is not one of the elements of arrest?

Perception of the officer

What are two types of seizure?
Actual and constructive

What must a police officer present to a magistrate to obtain an arrest warrant?

a complaint

An arrest warrant which has a detailed description of the suspect that does not have the suspects name is known as a/an ______ warrant.
John Doe

In general, before serving or executing an arrest or search warrant at a residence, the officer must:

knock and announce our identity and purpose

Taking a person into custody by the use of firearms is a type of:

actual seizure

Which of the following is a court order or a writ which commands that police officer take a person into custody?


In most states, warrants are issued by:
A writ from a court ordering a person to appear in court in a specific time is known as a:


Searches and seizures of things are governed by:
the fourth amendment
Which of the following is not a recognized exception of the search warrant requirement?
Crime scene
The common factor in all special needs searches is that they:
are not initiated by police
Which of the following is not a special needs search?
Exigent circumstances
The term contraband generally means:
items which are illegal for anyone to possess
One way in which search warrants are different from arrest warrants is that search warrants:
can expire
Under the fourth amendment, a search is a/an:
intrusion into an area where a person has a reasonable expectation of privacy
Under the fourth amendment, a seizure is:
a meaningful interference with the possessory interest in property
Which of the following is mere evidence?
Bloodstained clothing and shoes
Which of the following may be searched after a valid arrest?
Both their body and the immediate area
A search warrant is issued by magistrate on the basis of a _____ signed in prepared by a police officer.
Sworn affidavit
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.
Which of the following is not an exception to the warrant requirement?
Search of a home
Searches and seizures by private citizens acting solely on their own:
are not covered by the fourth amendment
Under the exception for search incident to a lawful arrest, officers may search:
the area in which the suspect could reach to obtain a weapon or to destroy evidence
Warrantless searches with consent are valid, but the consent must be witch of the following
The exception for exigent circumstances applies when there's some kind of emergency situation that makes _____ dangers, useless, or unnecessary.
Obtaining a search warrant
Which of the following groups have undiminished constitutional rights?
College students
Airport searches require which of the following?
None of the above
The contents of an affidavit must be sufficient to allow an independent evaluation of probable cause by a
The U.S. supreme court held that the only requirement for public high school officials need for a valid search of students is
reasonable grounds
In searches and seizures without a warrant, who has the burden of proof regarding probable cause?
The police
A custodial search may be deemed incident to arrest even when carried out later than the time of arrest, if:
there was a valid reason for the delay
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:
fourth amendment
Under the fourth amendment, which of the following is not a valid purpose for setting up a roadblock?
Drug detection
A stop by a police officer for no reason or without any justification is:
In pretext stops, the test for a validity concerns:
whether ordinarily the police officers could have made the stop
The vehicle stopped is a fourth amendment:
the seizure of persons and property
The minimum requirement for a vehicle stopped, with regard to particular vehicle or driver is:
reasonable suspicion
The minimum requirement for an officer to arrest the passengers of a car along with the driver is:
probable cause
The two requirements for the vehicle or automobile exception to the one requirement are:
probable cause in the vehicle be mobile
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
In general, the justification for a vehicle stop is:
reasonable suspicion
_____ searches of vehicles are valid that most followed departmental rules.
Police may not see is abandoned property if
illegal police activity caused the abandonment
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.
Plain view
Under the _____ doctrine, open areas outside of the curtilage are not protected by the fourth amendment.
Open fields
An officer's activity and looking at an item from a place where the officer has a right to be is covered under the
plain view doctrine
In which of the following situations where plain view not apply?
An officer has secretly entered the suspects home
Yards, garages, fenced areas, Barnes, and outbuildings are usually deemed to be part of
the curtilage
Under the plain view doctrine an officer must have gained awareness of the item solely by
In 1998, the Federal gov't opened a national _____ database.
Due process and align it means that the line it must not be
both a and B are correct (unfair; impermissibly suggestive)
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
Due process requires that identification procedures be basically
totally non suggestive
Which of the following identification procedures is generally the most likely to be suggestive?
Show up
Miranda warnings must be give in to any suspect in police custody who is
questioned by police
The due process requirement for fairness is violated if identification procedures are
impermissibly sugestive
The privilege against self incrimination does not apply to identification procedures, because that privilege applies only to _____ evidence
real or physical
Which of the following types of evidence has a strong to scientific foundation?
DNA testing
The role of the suspects Atty. in the lineup is to
tried to ensure the line us is fair
According to the Wade-Gilbert rule, if the suspect cannot afford a lawyer,
the state must appoint one
The process of brain fingerprinting involves assessing a suspects response
to stimuli in the form of words and pictures presented on a computer monitor
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
Which of the following procedures is not admissible in court
polygraph test results
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
In an interrogation situation, a suspect may have two different sources of our right to counsel, Miranda and the _____ amendment
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
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
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?
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
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?
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
A convicted offender is allowed to remain free in the community subject to court impose conditions and under supervision is on
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:
Property is taken from a person as a result of committing a crime has been
Returning a person to his or her original situation prior to a loss or injury is
As of 2012, how many states had death penalty laws?
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
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
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
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?
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