CRIMINAL JUSTICE 101 CASES - UNL



Final Exam Preparation Quiz

NOTE - Review the Mid-term Exam Preparation Quiz as well, as the Final Exam is comprehensive (covers the entire course).

Use these cases to answer question 1 to 57 (includes all the cases we covered in the course):

1 - ARIZONA v FULMINANTE

2 - ATKINS v VIRGINIA

3 - BRADY v U.S.

4 - CALIFORNIA v GREENWOOD

5 - CALIFORNIA v HODARI D.

6 - CARROLL v U.S.

7 - COLORADO v BERTINE

8 - D.C. v HELLER

9 - DELAWARE v PROUSE

10 - DUNCAN v LOUISIANA

11 - EDWARDS v ARIZONA

12 - ELKINS v U.S.

13 - ESCOBEDO v ILLINOIS

14 - FLORIDA v BOSTICK

15 - FLORIDA v ROYER

16 - FURMAN v GEORGIA

17 - GAGNON v SCARPELLI

18 - GIDEON v WAINWRIGHT

19 - GREGG v GEORGIA

20 - HARRIS v U.S.

21 - HERRERA v COLLINS

22 - ILLINOIS v GATES

23 - ILLINOIS v RODRIGUEZ

24 - IN RE GAULT

25 - IN RE WINSHIP

26 - MAPP v OHIO

27 - MARYLAND v BUIE

28 - MASSACHUSETTS v SHEPPARD

29 - McCLESKEY v KEMP

30 - McCLESKEY v ZANT

31 - McKEIVER v PENNSYLVANIA

32 - MICHIGAN v HARVEY

33 - MILLER V ALABAMA

34 - MIRANDA v ARIZONA

35 - MORRISSEY v BREWER

36 - NEW JERSEY v TLO

37 - NIX v WILLIAMS

38 - REVES v ERNST AND YOUNG

39 - ROCHIN v CALIFORNIA

40 - ROPER v SIMMONS

41 - SHERMAN v U.S.

42 - SINGER v U.S.

43 - STACK v BOYLE

44 - TAYLOR v TAINTOR

45 - TERRY v OHIO

46 - U.S. v 92 BUENA VISTA AVENUE

47 - U.S. v DUNN

48 - U.S. v HAVENS

49 - U.S. v HENSLEY

50 - U.S. v JAMES DANIEL GOOD

51 - U.S. v LEON

52 - U.S. v ROSS

53 - U.S. v SALERNO

54 - U.S. v SOKOLOW

55 - WEEKS v U.S.

56 - WILSON v ARKANSAS

57 - WILSON v SEITER

58 - WOLFF v McDONNELL

1. ____ if the criminal conduct is the product of government agent creativity/if the government induced the individual to commit a crime that they otherwise would not have committed, the government action would be considered entrapment and the individual would be free from any criminal liability for the act in question 

2. ____ once suspects in police custody invoke their right to counsel, law enforcement officials must cease their questioning with regard to the current case and any other case, until counsel is present, even if the suspect later agrees to talk without an attorney present

3. ____ there is no right to a jury trial for juveniles being adjudicated in juvenile court

4. ____ the 2nd Amendment protects the right of individuals to possess a firearm for personal use; specifically, there is a Constitutional right to keep a handgun in the home for self defense

5. ____ evidence that is unlawfully seized by any official cannot be used in federal court (Exclusionary Rule applied to the federal courts)

6. ____ juvenile court proceedings must possess the elements of basic fundamental fairness; juveniles have the right to a proper hearing, to have an advance notification of that hearing and its purpose, the right to be present at the hearing, the right to confront/cross examine the accuser, the right to present evidence on your own behalf, the right to be represented by legal counsel at the hearing, the right against self-incrimination, the right to a formal ruling based on information presented in court, and the right to an appeal

7. ____ assets forfeited under RICO are limited to those that were gained from and/or used in the criminal enterprise

8. ____ made it more difficult for inmates to win unconstitutional conditions of confinement cases; inmates must demonstrate specific unconstitutional conditions of confinement, and specific intent on the part of specific prison officials to maintain those unconstitutional conditions\

9. ____ taken piecemeal, the evidence may not amount to probable cause, but if the evidence reaches the probable cause level when considered as a whole, the legal standard of proof for a search has been met (totality of the circumstances test)

10. ____ capital punishment is not a suitable penalty for mentally retarded defendants; such a penalty is excessive, when involving mentally retarded defendants

11. ____ officers may search the suspect and the adjoining space region incident to a lawful arrest; if there is reasonable suspicion to believe that there is hidden danger present, officers may conduct a protective sweep of the area, but it is only to be a cursory search for people and may last no longer than it takes to dispel the reasonable suspicion of danger

12. ____ inmates have the right to an institutional disciplinary hearing, written advance notice of the hearing, to present evidence/witnesses/testify in their own behalf at the hearing, and a formal ruling is to be placed in their file

13. ____ the death penalty cannot be imposed on juveniles (those under the age of 18 at the time of the offense)

14. ____ if there is probable cause to believe that a potentially mobile motor vehicle is carrying individuals or articles that offend the law, an officer may stop that vehicle and search every occupant of the vehicle, every part of the vehicle, and all of the contents found in the vehicle without a warrant, but, this type of search is justified only if probable cause arises regarding a non-traffic offense violation

15. ____ the erroneous admission of a coerced confession at trial does not constitute grounds for an automatic mistrial; in some cases, an involuntary confession can be taken and legally admitted as evidence; the totality of the circumstances is to be considered

16. ____ the death penalty is not being administered equitably

17. ____ civil forfeitures under RICO are not automatic; they require a separate civil proceeding

18. ____ police may conduct brief, scientifically random, suspicion-less/no-cause limited scope searches of motorists at fixed roadside checkpoints looking primary for drunk drivers

19. ____ randomized consent searches of individuals who are on public transportation is acceptable, even though such searches carry some degree of implied coercion and are not truly voluntary; the governing test is whether a reasonable person feels free to decline an officer's request to search

20. ____ bail may be denied if there is clear and convincing evidence that defendant are dangerous and pose a threat to the community at large and the court participants in particular (dangerousness test)

21. ____ evidence that was illegally seized may be used in court if it can be shown that it would have inevitably been discovered (inevitable discovery exemption)

22. ____ garbage containers outside of the curtilage of the home are considered abandoned and may be searched without a warrant and without cause

23. ____ illegally seized evidence can be used to impeach a witnesses’ courtroom testimony

24. ____ the right to counsel begins at the point of focus

25. ____ reasonable suspicion can be used as the basis for investigative searches and seizures in situations involving pre-eminent public interests; specifically, reasonable suspicion is the standard to be used to allow investigatory searches of individuals (passengers or non-passengers) on airport grounds

26. ____ evidence illegally seized by a federal official cannot be used in federal court

27. ____ probationers have the right to an attorney at probation revocation hearings

28. ____ a search cannot be exploratory, it cannot be unreasonable, and it cannot shock the conscience

29. ____ indigents have the right to a legal counsel during the trial stage; the state will appoint an attorney to the case if the individual cannot afford one

30. ____ evidence seized by reasonably well-trained officers acting in good faith, is admissible, even if the seizure technically violated the law (good faith exemption)

31. ____ allows the death penalty to be administered as long as the capital sentence is not mandatory, aggravating and mitigating circumstances are considered, and a bifurcated proceeding is utilized (ie., different judges determine guilt and sentence)

32. ____ bail bond agents may use physical force to apprehend and subsequently hold and transport their bondees who have skipped bail, as long as the force used is reasonably related to the custody and/or transportation of the bondees

33. ____ defendants have no Constitutional right to waive a jury trial

34. ____ newly discovered evidence demonstrating the actual innocence of the person sentenced to death does not provide automatic habeas corpus relief

35. ____ liability under RICO requires some primary participation in the operation and/or management of the criminal enterprise

36. ____ even when armed with a warrant, the police generally must "knock and announce" before entering a home

37. ____ police may stop and search a potentially mobile motor vehicle without a warrant if there is probable cause to believe that the vehicle is carrying individuals or articles that offend the law

38. ____ evidence discarded by an individual fleeing from the police is admissible in court, even if the police had no advance cause to focus attention upon the person who discarded the material

39. ____ the standard proof in a juvenile court adjudication is beyond a reasonable doubt

40. ____ specific intent to discriminate against an individual must be demonstrated before that individual's death sentence can be set aside; intent over impact

41. ____ defendants are entitled to a limited number of habeas appeals in capital cases

42. ____ a vehicle that has been impounded by police officials can be searched in its entirety; all items found in any part of the vehicle, including closed and locked items, may be searched

43. ____ no sentence of mandatory life without parole for juveniles (those under the age of 18 at the time of the offense)

44. ____ if consent to search is given by someone who does not have the authority to do so, but the police reasonably believed they did, the evidence is still admissible in court (apparent authority doctrine)

45. ____ evidence unlawfully seized is inadmissible in state courts (Exclusionary Rule applied to the state courts)

46. ____ reasonable suspicion is the standard to be used by public school officials to conduct searches on public school grounds of individuals who may be violating either the law or school rules

47. ____ an illegally obtained confession can be used to impeach a defendant's testimony at trial

48. ____ if the officer is legally present, the offending objects are in plain view, and the incriminating nature is readily apparent, the items may be seized without a warrant (plain view doctrine)

49. ____ suspects must be informed of their basic rights at the point of arrest, particularly the right to remain silent and the right to have counsel present during any interrogations; confessions must meet the tests of voluntariness and awareness

50. ____ parolees have no right to legal counsel at parole revocation hearings

51. ____ bail may be denied if there is probable cause to believe that defendants will fail to appear at future judicial proceedings (failure to appear test)

52. ____ plea bargaining is legal as long as an attorney is present to protect the defendant's rights, the plea is voluntarily made, and the defendant has a full knowledge of the consequences

53. ____ a stop and frisk search may be conducted when there is reasonable suspicion to believe that an individual is now or is about to engage in criminal behavior (stop and frisk search)

54. ____ defendants have the right to trial by jury if the potential sentence is more than six months of incarceration

55. ____ no specific cause nor a search warrant is needed to search either open fields or uninhabited buildings

56. ____ a stop and frisk search may be performed when there is reasonable suspicion to believe that the offender has violated the law, past tense

57. ____ an investigatory search may be conducted if the totality of the circumstances establishes reasonable suspicion to believe that a person matches the profile of a drug courier

58. What is the legal document filed with the court by an interested third party:

1. a complaint

2. an amicus curiae

3. an indictment

4. a writ of demurrer

5. a writ of information

6. an injunction

7. a mandamus

8. a coram nobis

59. What is the legal document filed with the court by a defense attorney claiming that what transpired did not substantively constitute a legally defined crime:

1. a complaint

2. an amicus curiae

3. an indictment

4. a writ of demurrer

5. a writ of information

6. an injunction

7. a mandamus

8. a coram nobis

60. Which of the following describes parole:

1. Parole can be granted by a judge shortly after a preliminary hearing.

2. Parole can be granted by a judge subsequent to a misdemeanor conviction, in lieu of

incarceration.

3. Parole can be granted immediately subsequent to the filing of a complaint.

4. Parole can be granted after an individual has completed a percentage of their prison

sentence.

5. Parole can be granted by the judge after an individual has completed their pre-trial

diversion program requirements.

61. Out of just this list below, which comes second in the judicial process:

1. Prosecution presents its case

2. Defense presents its case

3. Voir dire process.

4. Sentencing hearing.

5. Prosecution presents its rebuttal

6. Substantive sentence appeal

7. Jury deliberations.

8. Allocution proceeding.

62. Out of just this list below, which comes last in the judicial process:

1. Prosecution presents its case

2. Defense presents its case

3. Voir dire process.

4. Sentencing hearing.

5. Prosecution presents its rebuttal

6. Substantive sentence appeal

7. Jury deliberations.

8. Allocution proceeding.

63. When new evidence is uncovered that would clearly overturn the client's conviction, the defense attorney may file a/an:

1. Amicus curiae.

2. Allocution.

3. Writ of demurrer.

4. Writ of certiorari.

5. Coram nobis.

6. Voir dire.

7. Writ of discovery

8. Mandamus

64. Subsequent to arrest, an individual might be placed into a program where they have to carry out certain activities and abide by certain rules. If they successfully complete the program, all charges will be dropped. This program is known as:

1. Pre-trial release.

2. Pre-trial hearing.

3. Pre-trial diversion.

4. Probation.

5. Parole.

6. Prison.

65. Approximately how many persons are currently incarcerated in our city/county jails, our state and federal penitentiaries, and in secure mental health facilities due to criminal misconduct:

1. 40,000

2. 100,000

3. 200,000

4. 2.4 million

5. 7 million

6. 2 million

7. 20 million

66. Which of the following rights were not granted to juveniles in the case of In re Gault:

1. Right to a trial by jury.

2. Right to a proper, formal hearing.

3. Right to confront the accuser.

4. Right to cross examine evidence.

5. Right to counsel.

6. Right to present evidence in your own behalf.

67. The Chief Justice of the United States has which of the following powers:

1. Speaks first.

2. Votes last.

3. Determines the order of cases to be heard.

4. Assigns opinions writing duties if voting with the majority.

5. Presides in conference hearings and in open court.

6. Sets the agenda and the order that cases will be heard.

7. The Chief Justice has all of the above powers.

8. 1, 3 and 5 only.

68. An individual is not criminally liable/will have a reduced criminal liability for remote,

unforeseeable, superseding, or indirect consequences which would not plausibly flow

from their acts:

1. Mens rea

2. Utilitarianism principle

3. Clear and convincing rule

4. Rational man test

5. Reasonable man test

6. Exclusionary rule

7. Proximate cause test

8. Actus reus

9. None of the above

69. The phrase "parens patriae" is best defined as:

1. The duty of the state to protect its children, and to function in behalf of the

children in judicial proceedings.

2. The Exclusionary Rule as applied to potential parents.

3. The property of the parent clause of the Constitution.

4. Crimes which are mala prohibita in nature.

5. The need for the biological parents to be with their children in court.

70. The Metropolitan Police Act of 1829 proposed:

1. To develop a private police force to operate in the London area.

2. To develop an aggressive law enforcement-oriented police force.

3. To develop a loose confederation of law enforcement agencies

4. To develop a professional social service-oriented police force.

5. To develop a police force that would use weapons regularly to intimidate the public.

6. To develop a police force modeled after the Bow Street runners in that the new police

would be paid by private, wealthy industrialists.

7. None of the above are correct.

71. Which of the following operational definitions would theoretically achieve the lowest statistical rate of recidivism:

1. Re-conviction on a misdemeanor charge within 1 year of release.

2. Re-arrest on a misdemeanor charge within 10 years of release.

3. Re-conviction of a felony charge within 10 years of release.

4. Re-imprisonment on a felony conviction within 1 month of release.

5. Re-arrest on a felony charge within 10 years of release.

6. Re-arrest on a misdemeanor charge within 1 year of release.

7. Re-incarceration on a misdemeanor arrest within 20 years of release.

72. Activities which are illegal only if engaged in by a juvenile are called:

1. Actus reus offenses

2. Status offenses

3. Tort offenses

4. Discovery offenses

5. Demurrer offenses

6. Sooner offenses

7. Non-conformity offenses

73. The Federal government's court hierarchy from top to bottom is:

1. United States Supreme Court, United States Courts of Appeals, United States

District Courts, United States Magistrate’s Courts.

2. United States Magistrate’s Courts, United States District Courts, United States

Supreme Courts, United States Courts of Appeals.

3. United States District Courts, United States Circuit Courts, United States Magistrate’s

Courts, United States Supreme Court.

4. United States Supreme Court, United States District Courts, United States Courts of

Appeals, United States Magistrate’s Courts.

5. United States Supreme Court, United States Courts of Appeals, United States

Magistrate’s Courts, United States District Courts.

6. None of these lists are correct.

74. The Kansas City police study found which of the following to be true:

1. Gender is not a BFOQ for policing.

2. Saturation patrolling does reduce crime.

3. Aggressive patrolling can reduce crime.

4. A proactive police force is more responsive to public needs than a reactive police

force.

5. Public fear of crime is reduced due to visible police presence.

6. Saturation patrolling greatly reduces the number of automobile accidents.

7. All of the above are correct.

8. None of the above are correct.

75. In the Chang and Zastrow study, police officers rated which of the following groups the highest:

1. Students.

2. Themselves or the "I am" category.

3. Prosecutors.

4. Fellow police officers.

5. Prison inmates.

6. Defense attorneys.

7. Women.

8. None of the above are correct.

76. When counsel feels that it is impossible to seat a fundamentally fair jury, and that the

location of the trial therefore needs to be moved, counsel is asking for:

1. Writ of mandamus.

2. Writ of demurrer.

3. Injunction.

4. Change of venue.

5. Coram nobis.

77. Which of the following is not needed for a plea bargain to be considered legal:

1. Attorney present to protect the rights of the defendant.

2. No promises or coercion.

3. Voluntarily made.

4. Full knowledge of the consequences.

5. All of the above are needed.

78. Which of the following is characteristic of civil law:

1. Civil matters are considered public wrongs.

2. The primary purpose of tort or civil action is to punish the offenders.

3. If the defendant was found innocent in a criminal trial, the alleged victim is precluded

from filing a civil suit.

4. The standard of proof in a civil court proceeding is clear and convincing

5. Only the plaintiff can appeal a civil court judgment.

6. To recover punitive damages, the plaintiff must at the very least demonstrate

recklessness on the part of the defendant.

79. As discussed in class, the delay in court case processing can be overcome by:

1. Expanding the use of continuances.

2. Limiting the use of pretrial hearings and conferences.

3. Limiting the number of offenses that can be paid by waiver.

4. Promoting the development of neighborhood justice centers.

5. Expanding court hours

6. 4 and 5

7. 1 and 5

80. Under the "Missouri Plan," judges are:

1. Nominated by a commission.

2. Appointed by a governor.

3. Subjected to periodic unilateral elections.

4. Subject to confirmation by the state senate.

5. All of the above are components of the Missouri Plan.

6. 1, 2 and 3 only.

7. 1 and 4.

8. 1 and 3 only.

Answer Key

1 - choice 41 (SHERMAN v U.S.)

2 - choice 11 (EDWARDS v ARIZONA)

3 - choice 31 (McKEIVER v PENNSYLVANIA)

4 - choice 8 (D.C. v HELLER)

5 - choice 12 (ELKINS v U.S.)

6 - choice 24 (IN RE GAULT)

7 - choice 46 (U.S. v 92 BUENA VISTA AVENUE)

8 - choice 57 (WILSON v SEITER)

9 - choice 22 (ILLINOIS v GATES)

10 - choice 2 (ATKINS v VIRGINIA)

11 - choice 27 (MARYLAND v BUIE)

12 - choice 58 (WOLFF v McDONNELL)

13 - choice 40 (ROPER v SIMMONS)

14 - choice 52 (U.S. v ROSS)

15 - choice 1 (ARIZONA v FULMINATE)

16 - choice 16 (FURMAN v GEORGIA)

17 - choice 50 (U.S. v JAMES DANIEL GOOD)

18 - choice 9 (DELAWARE v PROUSE)

19 - choice 14 (FLORIDA v BOSTICK)

20 - choice 53 (U.S. v SALERNO)

21 - choice 37 (NIX v WILLIAMS)

22 - choice 4 (CALIFORNIA v GREENWOOD)

23 - choice 48 (U.S. v HAVENS)

24 - choice 13 (ESCOBEDO v ILLINOIS)

25 - choice 15 (FLORIDA v ROYER)

26 - choice 55 (WEEKS v U.S.)

27 - choice 17 (GAGNON v SCARPELLI)

28 - choice 39 (ROCHIN v CALIFORNIA)

29 - choice 18 (GIDEON v WAINWRIGHT)

30 - choice 28 and 51 (MASSACHUSETTS v SHEPPARD/U.S. v LEON)

31 - choice 19 (GREGG v GEORGIA)

32 - choice 44 (TAYLOR v TAINTOR)

33 - choice 42 (SINGER v U.S.)

34 - choice 21 (HERRERA v COLLINS)

35 - choice 38 (REVES v ERNST AND YOUNG)

36 - choice 56 (WILSON v ARKANSAS)

37 - choice 6 (CARROLL v U.S.)

38 - choice 5 (CALIFORNIA v HODARI D.)

39 - choice 25 (IN RE WINSHIP)

40 - choice 29 (McCLESKEY v KEMP)

41 - choice 30 (McCLESKEY v ZANT)

42 - choice 7 (COLORADO v BERTINE)

43 - choice 33 (MILLER v ALABAMA)

44 - choice 23 (ILLINOIS v RODRIGUEZ)

45 - choice 26 (MAPP v OHIO)

46 - choice 36 (NEW JERSEY v TLO)

47 - choice 32 (MICHIGAN v HARVEY)

48 - choice 20 (HARRIS v U.S.)

49 - choice 34 (MIRANDA v ARIZONA)

50 - choice 35 (MORRISSEY v BREWER)

51 - choice 43 (STACK v BOYLE)

52 - choice 3 (U.S. v ROSS)

53 - choice 45 (TERRY v OHIO)

54 - choice 10 (DUNCAN v LOUISIANA)

55 - choice 47 (U.S. v DUNN)

56 - choice 49 (U.S. v HENSLEY)

57 - choice 54 (U.S. v SOKOLOW)

58. 2

59. 4

60. 4

61. 1

62. 6

63. 5

64. 3

65. 4

66. 1

67. 7

68. 5

69. 1

70. 4

71. 5

72. 2

73. 1

74. 2

75. 2

76. 4

77. 5

78. 6

79. 6

80. 6

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