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CRJ 123 Final 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 Respect Fairness Equality - ✔✔Accuracy Which of the following best describes the criminal justice system objective of equality? All defendants guilty of the same offense should receive equal punishment All defendants should receive the same quality of justice All defendants should receive the same quality of attorneys All defendants should receive equal time in court - ✔✔All defendants should receive the same quality of justice What level of proof must be established for a police officer to make an arrest? Beyond a reasonable doubt Preponderance of the evidence Probable cause Reasonable suspicion - ✔✔Probable Cause Warrants are obtained for all but which of the following purposes? To search an area To seize an item To seize a person To press charges - ✔✔To press charges
Which of the following amendments to the U.S Constitution do not address issues of criminal procedure? First Sixth Eighth Fourteenth - ✔✔First Which organization has the legal authority to interpret and apply the rules established in the U.S. Constitution? The U.S Congress The U.S Supreme Court The U.S. President State Governors - ✔✔The U.S Supreme Court Where must one look when the U.S. Supreme Court has yet to answer a question regarding the U.S. Constitution? The U.S. Congress State Legislatures Trial court judges State Supreme Courts - ✔✔State Supreme Courts Of all the sources for American Procedural law, which is the oldest? The U.S. Constitution State constitutions Common Law Court rules - ✔✔Common Law The U.S. Supreme Court derives its authority to create federal rules of criminal procedure from ____. the president
Which of the following is not a standard method in which state court judges are selected? Partisan popular elections Nonpartisan popular elections Election by the legislature Election by judges - ✔✔Election by judges U.S. Supreme Court eras are typically named after The chief justice of that court The president in office The court's political leaning Famous cases decided by that court - ✔✔The chief justice of that court Stare decisis literally means which of the following To stand decided with one's fellow judges To stand by precedent and to stand by settled points - ✔✔To stand by precedent and to stand by settled points Which of the following is the primary source of criminal procedure? The U.S. Constitution Statutes passed by the U.S. Congress Judicial ruling Common Law - ✔✔The U.S. Constitution Which of the following is the only crime mentioned by name in the U.S. Constitution? Espionage Treason Sedition Forgery - ✔✔Treason
Which of the following states that the U.S. Constitution and laws passed by the U.S Congress eclipse state constitutions and state laws? The first amendment The supremacy clause The federalist article The Jefferson Addendum - ✔✔The supremacy clause Which of the following is not a set of rules or guidelines for criminal procedure? The model code of pre=arraignment procedure The united states attorney's manual of the department of justice The standards for criminal justice The model penal code - ✔✔The model penal code In which constitutional amendment is the Due Process Clause? First Ninth Fourteenth Seventeenth - ✔✔Fourteenth Which of the following events in U.S. history serves as a major turning point in the application of the bill of rights to the states? The Boston massacre The civil war The great depression The civil rights movement - ✔✔The civil war A person who favors a strong central government yet supports only those rights clearly written in the Bill of Rights would most likely support which of the following approaches of incorporation? Fundamental fairness
Each of the following amendments have been incorporated at least partially except which? Second Third Sixth Eighth - ✔✔Third The assumption on the part of the courts that prosecutors will use good judgment and common sense is known as the equal protection clause Presumption of regulatory Right of discretion Principle of balance - ✔✔Presumption of regulatory To settle concerns over how the courts deal with past cases once a new rule has been decided by the U.S. Supreme court, the courts apply the ex post facto rule Previous docket rule Retroactivity rule Former cases doctrine - ✔✔Retroactivity rule Striving for both efficiency and accuracy, which are the two competing models of criminal procedure? crime control and due process Federalism and jeffersonianism Criminal courts and civil councils Bill of rights and states' rights - ✔✔crime control and due process Why was the fourteenth amendment added to the constitution? To establish the separate-but-equal policy in the United States To establish that federal law took precedence over state laws
To guarantee equal treatment and opportunity for African Americans To guarantee women the right to vote - ✔✔To guarantee equal treatment and opportunity for African Americans In order for a defendant to make a successful claim of selective prosecution, what must be demonstrated? Discriminatory intent and actual malice by a preponderance of the evidence Clear and convincing evidence of actual malice Some evidence of discriminatory impact Clear and convincing evidence of a discriminatory impact and discriminatory intent - ✔✔Clear and convincing evidence of a discriminatory impact and discriminatory intent Prohibited substances, such as illegal narcotics, are known most commonly as ______ instrumentalities of crime Fruits of crime Contraband Evidence - ✔✔Contraband What level of proof must be established to obtain a warrant? beyond a reasonable doubt Probable cause Preponderance of the evidence Reasonable suspicion - ✔✔Probable cause According to the 4th amendment, what remedy exists should a person's fourth amendment rights be violated? a civil lawsuit may be filed Department disciplinary action against the officer Exclusion of tainted evidence from trial The amendment does not address this issue - ✔✔The amendment does not address this issue
The officers did not physically intrude into the home The officers had gotten permission from the home's co-inhabitant - ✔✔The officers did not physically intrude into the home Overturning the old standard, the U.S. Supreme Court adopted which new Fourth Amendment test in Katz v. United States? two pronged reasonableness test Expectation of privacy test Physical trespass test The average reasonable person (TARP) test - ✔✔Expectation of privacy test To exercise the plain view doctrine and seize an item, an officer must have probable cause to believe that the plainly observed object is evidence of criminal activity and ____ have a warrant Be lawfully positioned Be in the presence of the suspect Have permission to take the object - ✔✔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 Readily apparent Patently obvious Reasonable obvious - ✔✔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 fourth amendment? Using a low-flying airplane and a pair of binoculars to view the curtilage Peering between the slats of a wooden fence surrounding the curtilage Looking down over a fence around the curtilage from a tall, adjacent, public building
Running a fiber-optic camera under a fence surrounding the curtilage - ✔✔Running a fiber-optic camera under a fence surrounding the curtilage Which of the following enhancement scenarios is unconstitutional? Using a flashlight to look through the window of a parked car at night Using a night-vision goggle to view an unfenced curtilage at night Using a telephoto lens to look through an open window of a private home Using thermal imaging equipment to measure heat emanating from a living room - ✔✔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? the shop area of a hardware store, with an "employees only" sign posted on the wall An unoccupied dressing room at a department store The manager's office of a small printing company The manager's office of a large, publicly traded manufacturing company - ✔✔An unoccupied dressing room at a department store On what do judges rely when determining whether an item has been legally abandoned? the extenuating circumstances test The totality of the circumstances Eyewitness testimony The judgment of the officer involved - ✔✔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 Yes any garbage that has clearly been discarded Yes, but only if it is not in a garbage bag no, it remains the unabandoned property of the owner - ✔✔yes, if it is outside the curtilage, it has been abandoned
A voluntary contact between the police and a citizen is referred to as which of the following? Arrest Seizure Encounter Sweep - ✔✔Encounter If a search or seizure is determined to be unlawful, which of the following is the most likely to result? any evidence seized would be inadmissible as fruits of the illegal seizure All evidence is still admissible when used to establish guilt The evidence is shown to only the judge, not the jury The officer will be put on administrative leave - ✔✔any evidence seized would be inadmissible as fruits of the illegal seizure When determining what is the level of proof necessary for some action (e.g probable cause, reasonable suspicion) which of the following are the two opposing factors that must be balanced against one another? an officer's ability to prevent crime and the intrusion on citizen privacy An officer's ability to prevent crime and the safety of nearby citizens The severity of the offense in question and the intrusion on citizen privacy The safety of nearby citizens and the intrusion on citizen privacy - ✔✔an officer's ability to prevent crime and the intrusion on citizen privacy When determining the reasonableness of a Terry stop, the facts must be judged in accordance to what a reasonable person would have believed. This is known as the _____ standard. - ✔✔Objective By what standard to the courts determine whether reasonable suspicion existed to justify a Terry stop? the extenuating circumstance test Totality of the circumstance Eyewitness testimony The judgment of the officer involved - ✔✔Totality of the circumstance
Which of the following is not used to determine whether reasonable suspicion existed to justify a Terry stop? officer experience Officer expertise Probabilities Probable cause - ✔✔Probable cause Which of the following best lends credence to a tip provided by an anonymous informant? the seriousness of the crime the informant is describing The level of detail provided by the informant The level of vulnerability of the victim(s) Whether the informant say is the criminal in question is armed - ✔✔The level of detail provided by the informant Which of the following is not one of the critical considerations of the test established by the US Supreme Court to determine the veracity of the information provided by an informant? severity of the crime being reported Reliability of the informant Basis of the informants knowledge All of the above are critical considerations - ✔✔severity of the crime being reported Which of the following is not one of the ways in which race can be considered by law enforcement officers? neighborhood racial incongruity One aspect of an identification One aspect of a profile None of the above are allowed - ✔✔neighborhood racial incongruity What level of proof is required for law enforcement officers to make an arrest?
A report containing the suspect's statement prepared and filed by a police officer - ✔✔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? Always Never When the suspect is a juvenile When the race of the suspect is the same as the officer's so as to not raise suspicion of discrimination - ✔✔Never An arrest warrant is typically issued by a ________ - ✔✔Judge or magistrate Which of the following is not one form (or classification) of an arrest? formal arrest Informal arrest Custodial arrest De facto arrest - ✔✔Informal arrest The U.S. Supreme Court has repeatedly stated that probable cause is a matter of Certainties Hard evidence Intuition Probabilities - ✔✔Probabilities As a general rule, defendants do not have a right to confront _____ at trial Victims Witnesses Children Informants - ✔✔Informants
What is the primary reason behind the U.S. Supreme Court holding that the identity of an informant need not be disclosed at trial? it may discourage informants in the future It is not inferred in the bill of rights It would make no impact on the outcome of the case It was not common practice at common law - ✔✔it may discourage informants in the future Which of the following is not one of the prongs established in the Aguilar Spinelli test? source of information Veracity Basis of knowledge All of the above - ✔✔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 Basis of knowledge Reasonableness Probable suspicion - ✔✔totality of the circumstances Which of the following is not one of the three aspects of informant information be considered, established in Illinois v. Gates Corroboration Trustworthiness Future action Type of information - ✔✔Trustworthiness Which of the following best describes probable cause as it relates to the fourth amendment arrest requirements? an officer is "all but certain" the suspect committed the crime
The detainment of the innocent - ✔✔The unjustified entry into the home Situations in which officers must urgently take immediate actions are known legally as _____ reasonable circumstances Emergency situations Exigent circumstances Warrantless times - ✔✔Exigent circumstances Which of the following is not an observation an officer may rely on when making a probable cause determination? Smells Direct observations Intuition Overheard statements - ✔✔Intuition Why is Atwater v. Lago vista significant? this case held that deadly force could be used against any criminal suspect who disobeyed an officer's order This case held that all misdemeanors should be dealt with by issuing citations and hefty fines This case is significant for allowing states to continue to give police officers the choice whether to arrest individuals for minor offenses This case is significant because it outlined a specific circumstances in which citations and custodial arrest must be made. - ✔✔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 specific address to be searched Specific locations at an address The item to be searched for and or seized The method of searching to be used - ✔✔The method of searching to be used The procedural rule requiring officers to announce their presents before entering a home is known as the ____ rule informed entry Knock and announce Safe-entry Reasonable entry - ✔✔Knock and announce Which of the following is not one of the explanations frequently cited as justification for the knock and announce rule? minimization of neighborhood fear of police Prevention of violence against the officers protection of privacy for the occupants Prevention of destruction of property - ✔✔minimization of neighborhood fear of police Which of the following best describes the rules addressing how long officers must wait after a knock and announcement before breaking into a building? officers must knock and announce once, then wait about 15 seconds Officers must knock and announce twice, then waits about 15 seconds Officers must knock and announce once, then wait at least one minute. Officers must knock and announce to once, then wait time depends on the situation at hand. - ✔✔Officers must knock and announce to once, then wait time depends on the situation at hand. Which of the following searches incident to arrest is most likely to be ruled unconstitutional? an officer arrest the suspect in his bedroom searches under his bed
