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CRJ 123 Final CSUS Bowie | 100% Correct
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Which of the following objectives of the criminal justice system best describes the idea that the guilty should be convicted and the innocent go free? - ✔✔Accuracy Which of the following best describes the criminal justice system objective of equality? - ✔✔All defendants should receive the same quality of justice What level of proof must be established for a police officer to make an arrest? - ✔✔probable cause warrants are obtained for all but which of the following purposes? - ✔✔to press charges which of the following amendments to the US constitution do not address issues of criminal procedure?
- ✔✔first amendment which organization has the legal authority to interpret and apply the rules established in the US constitution? - ✔✔the US supreme court where must one look when the US supreme court has yet to answer a question regarding the US constitution? - ✔✔state supreme courts of all the sources for american procedural law, which is the oldest? - ✔✔common law the US supreme court derives its authority to create federal rules of criminal procedure from _____________ - ✔✔the US congress which of the following designates which cases are hard by the federal courts and which are heard by the state courts? - ✔✔the US constitution
including the federal circuit court of appeals in washington DC , there are _______ circuit courts in the united states. - ✔✔thirteen the concept of precedent, central to supreme court decision making, is based on which legal principle? - ✔✔stare decisis w criminal trial not held before a jury is known as a/an _______? - ✔✔bench trial which of the following is not a standard method by which state court judges are selected? - ✔✔election by judges US supreme court eras are typically named after _________. - ✔✔the chief justice of that court stare decisis literally means which of teh following? - ✔✔to stand by precedent and to stand by settled points which of the following is the primary source of criminal procedure? - ✔✔the US constitution which of the following is only crime mentioned by name in the US constitution? - ✔✔treason which of the following states that the US constitution and laws passed by the US congress eclipse state constitutions and state laws? - ✔✔supremacy clause which of the following is not a set of rules or guidelines for criminal procedure? - ✔✔the model penal code in which constitutional amendment is the due process clause? - ✔✔fourteenth amendment which of the following events in US history served as a major turning point in the application of the bill of rights to the states? - ✔✔the civil war
prohibited substances such as illegal narcotics are known most commonly as _________ - ✔✔contraband what level of proof must be established to obtain a warrant? - ✔✔probable cause according to the 14th amendment, what remedy exists should a person's 4th amendment rights be violated? - ✔✔the amendment does not address this issue which of the following would not be considered a "house" as interpreted by the 4th amendment? - ✔✔a restaurant dining room in old England, general warrants were used to search __________ - ✔✔any place for any reason at any time in old England, writs of assistance were used to compel citizens to _______ - ✔✔assist in a search the 4th amendment prohibits ___________ searches without a warrant - ✔✔unreasonable the majority decision in Olmstead v. US held the wiretapping constitutional because _______________ - ✔✔the officers did not physically intrude in the home overturning the old standard, the US supreme court adopted which new 4th amendment test in Katz v. US? - ✔✔expectation of privacy test to exercise the plain view doctrine and seize and item, an officer must have probable cause to believe that the plainly observed object is evidence of criminal activity and ________ - ✔✔be lawfully positioned for an officer to seize an item via the plain view doctrine, it must be _______ that the object is evidence of criminality - ✔✔immediately apparent
which of the following would constitute a violation of the expectation of privacy of the curtilage to a home as it applies to the 4th amendment? - ✔✔running a fiber optic camera under a fence surrounding the curtilage which of the following enhancement scenarios is unconstitutional? - ✔✔using thermal imaging equipment to measure heat emanating from a living room which of the following may a law enforcement officer enter without probable cause or a search warrant?
- ✔✔an unoccupied dressing room at a department store on what do judges rely when determining whether an item has been legally abandoned? - ✔✔the totality of the circumstances according to California v. Greenwood, can police officers look through garbage left on the curb for pickup? - ✔✔Yes, if it is outside the curtilage, it has been abandoned on what do judges rely to determine whether a stop of a citizen constitutes a seizure? - ✔✔the totality of the circumstances the two component test for a 4th amendment expectation of privacy is which of the following? - ✔✔both subjective and objective which of the following are the two conditions required to be present in order for the police to seize an item in plain view without a search warrant? - ✔✔the officer must be legally situated and he must have probable cause to believe the item is evidence of illegal activity which of the following types of land may the police enter without probable cause or a warrant? - ✔✔open fields and public property a voluntary contact between the police and a citizen referred to as which of the following? - ✔✔encounter
in order to seize narcotics during a frisk, what test must be employed? - ✔✔it must be immediately apparent that the item is a narcotic which of the following factors is not considered in the determination of reasonable suspicion? - ✔✔the race of the individual in question what is a hearsay report? - ✔✔information that is obtained in a secondhand fashion as opposed to through direct observation when may race act as the sole factor for a Terry stop? - ✔✔Never an arrest warrant is typically issued by a __________ - ✔✔judge which of the following is not one form (or classification) of an arrest? - ✔✔informal arrest the USSC has repeatedly stated that probable cause is a matter of - ✔✔probabilities as a general rule, defendants do not have a right to confront _________ at a trial - ✔✔informants what is the primary reason behind the USSC holding that the identity of an informant need not be disclosed at trial? - ✔✔it may discourage informant in the future which of the following is not one of the prongs established in the Aguillar-Spinelli test? - ✔✔source of information the Aguilar-Spinelli test was overturned in the case of Illinois v. Gates and replaced with the ________________ test - ✔✔totality of the circumstances which of the following is not one of the three aspects of informant information to be considered, established in the Illinois v. Gates? - ✔✔trustworthiness
which of the following best describes probable cause as it related to the 4th amendment arrest requirements? - ✔✔there exists a "fair probability" that the suspect committed the crime the requirement that warrants must specify what area is to be searched for which items or which item or person is to be seized is known as the __________ requirement - ✔✔particularity who is the initial person to decide whether an officer has probable cause to request a warrant? - ✔✔the issuing judge/magistrate a hearing to determine whether an officer had probable cause when he/she engaged in a warrant-less arrest is known as a __________ - ✔✔Gerstein hearing in Payton v. New York, the USSC stressed that ____________ is "the chief evil at which the 4th amendment is directed." - ✔✔the unjustified entry into the house situation in which officers must urgently take immediate action are known legally as __________. - ✔✔exigent circumstances which of the following is not an observation an officer may rely on when making a probable cause determination? - ✔✔intuition why is Atwater v. Lago Vista significant? - ✔✔this case is significant for allowing states to continue to give police officers the choice whether to arrest individuals for minor offenses which of the following is not a standard detail given in a warrant application to fulfill the particularity requirement? - ✔✔the method of searching to be used the procedural rule requiring officers to announce their presence before entering a home is known as the ___________ rule - ✔✔knock-and-announce
which of the following searches should be considered constitutional? - ✔✔a wife consents to search of her and her husband's entire home, even though he is not present, police search the entire home what standard of proof is required for police to search an automobile using the automobile exception? - ✔✔probable cause which of the following is not true regarding inventory searches? - ✔✔officers are required to have reasonable suspicion to inventory the contents of a container which of the following cases held that the area within the immediate control of the arrestee may properly be searched, bu there is not justification for police to search rooms other than the one in which the arrest occurred? - ✔✔Chimel v. California What are the three areas of inquiry one must consider in differentiating between a probable cause arrest and a reasonable suspicion stop? - ✔✔movement, length of detention, intrusiveness arrests wit ha warrant are preferable to warrant-less arrests because magistrates are thought to be more ______________ than an officer in the heat of a moment - ✔✔informed and deliberate according to the USSC, when may an officer make a warrant-less arrest for a misdemeanor? - ✔✔if the officer actually perceived the act the original standard in the US regarding deadly force was known as the - ✔✔fleeing felon rule Yes, because the affidavit accompanying it is sufficiently detailed to allow a determination of probable cause. - ✔✔ No, because the mother did not have authority to consent to the search of the trunk. - ✔✔ No, because the inventory was a routine procdure of the kind of police normally conducted when an incarceration takes place - ✔✔
Against the defendant, because the officers reasonably believed that the defendant's girlfriend lived in the trailer - ✔✔ no because the man's mother had the authority to consent to the search of his room - ✔✔ no, because the police had no reason to believe that the woman had drugs on her person - ✔✔ no, because the consent of the briefcase gave the police probable cause to arrest the man - ✔✔ for the state, because the heroin was seized during a lawful arrest - ✔✔ deny the motion, because the officer lawfully stopped the car - ✔✔ yes, because his presence in the place to be searched by the police does not negate the requirement of probable cause - ✔✔ the bookie's response to the police officer - ✔✔ which of the following is not one of the primary reasons confessions play an important role in the criminal justice system? - ✔✔they are easier to obtain than physical evidence no, because the man's right against self-incrimination would be violated if he were required to speak - ✔✔ which of the following amendments to the US constitution is not used by the court to ensure that confessions result from fair and constitutional procedures? - ✔✔ninth deny the motion, because the defendant reinitiated the interrogation - ✔✔
the USSC has adopted which test to determine whether a custodial interrogation has taken place? - ✔✔an objective test the burglar had not been charged in connection with the auto accident at the time the statements were made to the highway patrol officer - ✔✔ which of the following is not required for officers to invoke the public safety exception to Miranda? - ✔✔there must be innocent bystanders in the immediate area admissible - ✔✔ the USSC has held that when reading a suspect his/her Miranda rights, it is important that _____________ - ✔✔the police clearly inform the suspect of his/her rights no, because the police officer's asking about the contents of the driver's purse did not constitute custodial interrogation - ✔✔ In order to invoke the right to silence, a suspect must convey this to the officers _______________ - ✔✔in a "clear and unambiguous" manner No, because the error in admitting the evidence was harmless - ✔✔ by what level of proof is the prosecution required to show that the defendant knowingly, voluntarily, and intelligently waived his/her Miranda rights? - ✔✔preponderance of the evidence no, because the statement was not the result of a custodial interrogation - ✔✔ When police interrogate a suspect using the "question first and warn later" technique, which statements are admissible at trial? - ✔✔the statement after the warning admissible, if the suspect understands that the initial statements are not
Deny the motion, because the thief had no standing to object to the search - ✔✔ once a suspect has invoked his/her Miranda rights, police may continue questioning the suspect ___________ - ✔✔if the suspect initiates contact with the police which of the following is not a constitutional imitation on police interrogations - ✔✔2nd amendment right to bear arms which of the following factors may contribute to creating the danger of a false confessions? - ✔✔all of the above which of the following is an example of testimonial evidence? - ✔✔an eye witness account yes, the confession was likely not voluntary and only occurred as a result of the injection - ✔✔ what is required in court in order to establish a waiver of Miranda warnings? - ✔✔the prosecution must establish a knowing, voluntary, and intelligent waiver by a preponderance of the evidence In Weeks v. United States, the USSC held that ___________ - ✔✔evidence seized in an unlawful search was to be excluded in federal courts In Mapp v. Ohio the USSC held that ________________ - ✔✔evidence seized in an unlawful search was to be excluded in state courts an evidence that is discovered as a result of other any other evidence is known as ____________ - ✔✔derivative evidence the ___________ doctrine holds that any evidence discovered as a result of unlawfully seized evidence must be excluded from evidence at trial - ✔✔fruit of the poisonous tree
