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Criminal Law
Q:
Mempa v. Rhay held that a convicted offender has the right to assistance of counsel at ________________ in which the sentence has been referred.
a. inmate disciplinary hearings
b. probation revocation hearings
c. hearings before a parole board
d. inmate grievance boards
Q:
The Supreme Court has interpreted the Sixth Amendment to mean that an accused has the constitutional right to counsel at:
a. every critical stage during a criminal proceeding.
b. any critical stage, excluding post-trial appeals.
c. every critical stage after arraignment.
d. any stage in the criminal investigation.
Q:
In Brewer v. Williams, the Christian Burial Speech case (involving the search for the body of a missing girl), the Supreme Court determined there was:
a. an inevitable articulation exception to the Sixth Amendment.
b. a deliberate elicitation of an incriminating statement.
c. the functional equivalent of interrogation.
d. intimidation resulting in an involuntary statement.
Q:
A statement obtained in violation of a person's constitutional rights will only be permitted in court to:
a. corroborate the defendant's protestations of innocence.
b. impeach the defendant's perjured testimony at trial.
c. impeach defense witnesses during cross-examination.
d. provide aggravating factors in the sentencing phase.
Q:
Massiah v. United States (1964) held that a critical stage requiring a lawyer includes when a defendant is:
a. made aware a crime has been committed.
b. approached by the police.
c. determined to be indigent.
d. charged with a crime.
Q:
The Star Chamber was:
a. the old Supreme Court chamber located in the U.S. Capitol.
b. an English court that tried people in secret with no regard to due process.
c. a group of highly revered lawyers who drafted the Sixth Amendment.
d. an 1880s theatrical group that taught the public the true meaning of "due process."
Q:
Escobedo v. Illinois (1964)held that:
a. no Miranda warning is required during a stop and frisk.
b. Miranda does not need to be given by private police.
c. an individual being investigated by police may not be denied counsel.
d. indigent defendants are entitled to a lawyer when seeking an appeal.
Q:
The first prong of the two-pronged test to establish a claim of ineffective counsel requires the defendant to show:
a. representation falling below an objective standard of reasonableness.
b. representation whose incompetence "shocks the conscience."
c. representation falling below community standards of excellence.
d. representation that resulted in an unfavorable outcome.
Q:
Explain Miranda requirements as they relate to private security.
Q:
Discuss the USA PATRIOT Act, its elements, and how it aims to improve the nation's
counter-terrorism efforts.
Q:
Describe the challenge to Miranda presented in Dickerson v. United States (2000) and the Supreme Court's ruling.
Q:
Explain the public safety exception to the Miranda warnings.
Q:
Describe at least eight instances in which Miranda need not be given.
Q:
______________ is a deliberate "end run" around Miranda by purposely withholding warnings until after a confession is obtained and then giving Miranda to re-ask the question (and is unconstitutional).
Q:
The _______________ Act strengthens the ability of the Justice Department and the FBI to monitor suspected terrorists and their associates.
Q:
The ______________ exception allows police to questions suspects without first giving Miranda warnings if information sought sufficiently affects the officers' and the public's safety.
Q:
________________ is questioning initiated by law enforcement officers after a person has been taken into custody or otherwise deprived of his freedom of action in a significant way.
Q:
A purposeful, voluntary giving up of a known right is a ____________.
Q:
False confession cases in which the suspect acquiesces to escape from a stressful situation, to avoid punishment, or gain a promised or implied reward are called ______________ confessions.
Q:
The requirement that laws themselves be fair and not just how laws are enforced refers to ___________ due process.
Q:
The voluntariness of a confession is determined by the ________________ and the characteristics of the accused.
Q:
Statements are not admissible in court if obtained while violating a person's Fourth Amendment right to a reasonable ___________.
Q:
____________ due process is constitutionally guaranteed rights of fairness in how the law is carried out or applied.
Q:
The Miranda warning must be given during lineups, show-ups, and photographic identifications.
Q:
A waiver of Miranda is valid even if the suspect thought the questioning was going to be about a minor crime and the questioning switched to a more serious crime.
Q:
A "soft" Miranda warning recited less harshly and directly than is imprinted on most Miranda cards is permissible if all four warnings are adequately conveyed to the suspect.
Q:
The precedent case for analyzing confessions issues is Miranda v. Arizona.
Q:
Since their actions can ultimately result in arrest, private security officers must inform suspects of their Miranda rights prior to interrogation.
Q:
Lying by the police to obtain a confession is a violation of the Fifth Amendment.
Q:
The prohibition against double jeopardy prevents a second trial for the same offense for any reason.
Q:
The Fifth Amendment requires just compensation when the government takes property.
Q:
A suspect who has invoked only his right to silence cannot be re-approached to seek a waiver on a different case.
Q:
When a person on the witness stand "pleads the Fifth," they are asserting their right against self-incrimination.
Q:
Which of the following would not violate the right against double jeopardy?
a. A second prosecution for the same offense after acquittal.
b. More than one punishment for the same offense.
c. Independent trials for an offense in both state and federal courts.
d. Lesser-included offenses tried after initial trial.
Q:
The Fifth Amendment privilege against self-incrimination comes into play:
a. whenever a law enforcement officer questions a suspect, whether in custody or not.
b. only during custodial interrogation.
c. only at trial.
d. whenever incriminating information is being communicated.
Q:
In re Gault assured juveniles:
a. the right to a jury trial.
b. due process in the legal system.
c. the right to be tried as an adult in certain cases.
d. the right against self-incrimination.
Q:
In prisoners' rights cases the Fifth Amendment arises:
a. infrequently.
b. quite often, involving nearly half of all lawsuits filed by prisoners.
c. very often, involving more than 80 percent of all lawsuits filed by prisoners.
d. neverprisoners are not protected by the Fifth Amendment.
Q:
The only unincorporated right guaranteed by the Fifth Amendment is the right to:
a. be a witness against oneself.
b. a grand jury indictment.
c. due process of law.
d. just compensation when government takes private property.
Q:
Which of the following is not true about grand juries?
a. Choice of jurors determined by state law.
b. Does not make a determination of guilt.
c. May initiate investigations.
d. Different jury for each case.
Q:
The public safety exception was established in:
a. Jacobson v. United States.
b. Katz v. United States.
c. New York v. Quarles.
d. Illinois v. Perkins.
Q:
Which of the following is not a part of the Miranda warning?
a. You have the right to remain silent.
b. If you cannot afford a lawyer, one will be appointed for you without cost.
c. You may stop answering questions at any time you choose.
d. Anything you say can and will be used against you in court.
Q:
Statements, including confessions, will not be admissible in court if obtained while violating a person's right to reasonable expectation of privacy under the:
a. Fourth Amendment
b. Fifth Amendment
c. Sixth Amendment
d. Fourteenth Amendment
Q:
The precedent case for analyzing confession issues is:
a. Terry v. Ohio.
b. Miranda v. Arizona.
c. Escobedo v. Illinois.
d. Massiah v. United States.
Q:
The conception and planning of an offense by an officer and his procurement of its commission by one who would not have perpetrated it except for the trickery, persuasion, or fraud of the officer is:
a. ensnarement
b. entrapment
c. framing
d. a set up
Q:
In order for a confession to be admissible it must be:a. voluntary.b. true.c. independently corroborated.d. in writing.
Q:
You are the on-duty desk sergeant. A man walks in and says "I killed someone and want to confess." You grab your digital voice recorder and direct the man to a chair at your desk. He sits down and tells the tale of what turns out to be a first-degree murder. You record every word, including the numerous instances in which you said "Uh-huh" and "I see." Satisfied that the subject did, indeed, commit a murder, you place him under arrest.The confession is:a. inadmissible because recording it was a violation of the subject's reasonable expectation of privacy.b. inadmissible because the subject was in a coercive environment (police station), was therefore in custody for purposes of Miranda, and the encouragement to continue was interrogation.c. admissible under the "public safety" exception to Miranda as the subject was a danger to the officer and public.d. admissible as a voluntary statement when the subject was neither in custody nor interrogated for purposes of Miranda.
Q:
It is not unconstitutional to obtain a confession by:
a. deprivation of food, drink, and sleep
b. psychological coercion
c. trickery and deceit
d. threats, but not acts, of violence
Q:
The due process voluntariness test is "whether the totality of the circumstances that preceded the confession deprived the defendant of his"¦":
a. reasonable expectation of privacy
b. power of resistance
c. self-incrimination rights
d. determination to remain silent.
Q:
The first confession case decided by the Supreme Court was:
a. Miranda v. Arizona.
b. In re Gault.
c. New York v. Quarles.
d. Brown v. Mississippi.
Q:
Police actions that would "shock the conscience" were found to violate due process in:
a. Miranda v. Arizona.
b. Rochin v. California.
c. In re Gault.
d. Katz v. United States.
Q:
In which scenario would Miranda warnings be required?
a. Suspect in custody for an unrelated offense.
b. When suspect appears to testify before grand jury.
c. undercover officer poses as inmate and asks incriminating questions.
d. during line-ups, show-ups, and photographic identifications.
Q:
At issue in Dickerson v. United States was Section 3501 of the Omnibus Crime Control and Safe Streets Act of 1968 which stated that the admissibility of statements should turn only on whether they were voluntarily made, and not only on whether:
a. coercive tactics were used.
b. Miranda warnings had been given.
c. custodial interrogation had occurred.
d. the statement was made without an attorney present.
Q:
Miranda warnings must be given to a suspect interrogated in police custody, defined as when the suspect is:
a. under arrest.
b. facing criminal charges.
c. not free to leave.
d. reasonably free to leave the situation.
Q:
The Miranda warning must be given:
a. immediately upon arresting an individual.
b. only to those suspects interrogated in the custody of police.
c. to all witnesses who may be called upon to testify in court.
d. to anyone being interrogated by the police.
Q:
Which of the following statements would probably constitute an invocation of Miranda rights?
a. "I think I may have said too much."
b. "If I don"t like your questions, it's lawyer time."
c. "I"ll talk, but I"m not signing that waiver form."
d. "I"m done talking to you."
Q:
The Supreme Court effectively set an expiration date on the right to counsel invocation by announcing a new "14 day break in custody" rule in:
a. Edwards v. Arizona
b. Arizona v. Roberson
c. United States v. Dunn
d. Maryland v. Shatzer
Q:
The USA PATRIOT Act improves counter-terrorism efforts by all of the following, except:
a. allowing investigators to use tools already available to investigate organized crime and
drug trafficking.
b. facilitating information sharing and cooperation among government agencies.
c. increasing penalties for those who support or commit organized crime.
d. Updating the law to reflect new technologies and new threats.
Q:
The U.S. Supreme Court established the right to counsel during police interrogation for all criminal suspects in:
a. Escobedo v. Illinois
b. Miranda v. Arizona.
c. Dickerson v. United States
d. Fikes v. Alabama
Q:
When considering the characteristics of the accused, all of the following would apply, except:
a. if the accused is of low intelligence.
b. if the accused is mentally ill.
c. if the accused is intoxicated.
d. if the accused is remorseful.
Q:
No Miranda warning is required if there is no seizure of the person as long as the police do not:
a. convey the message that compliance is required.
b. secretly intend to arrest the person at a later time.
c. ask the person any incriminating questions.
d. let the person voluntarily come to the police station.
Q:
The U.S. Supreme Court held that confessions obtained through brutality and torture by law enforcement officials are violations of constitutionally protected due process rights in:
a. Brown v. Mississippi
b. Fikes v. Alabama
c. Katz v. United States
d. Dickerson v. United States
Q:
The exclusionary rule prohibits the use of confessions obtained in violation of a person's constitutional rights and those that are otherwise coerced for all of the following reasons, except:
a. they are inherently unreliable.
b. to do otherwise would be a violation of due process.
c. of a need to hold government accountable by holding such confessions inadmissible.
d. the concern for public safety is not a Fifth Amendment issue.
Q:
Which of the following is not guaranteed or prohibited by the Fifth Amendment?
a. right against self-incrimination
b. trial by jury
c. double jeopardy
d. just compensation
Q:
Which of the following is not one of the criteria that must be met for plain view?
a. The original intrusion is legal only because it is pursuant to a valid warrant.
b. The items are plainly observed while in the permissible scope of the original intrusion.
c. The original intrusion is legal because the officers are present legally.
d. The items are immediately recognizable as evidence or contraband.
Q:
When government agents are lawfully executing a warrant they:
a. must obtain another warrant if they find additional illegal items.
b. can seize any contraband, even if not specified in the warrant.
c. can continue searching the premises after what was specified in the warrant is found.
d. can take anything they want for any reason.
Q:
Which of the following would not constitute a lawful warrantless search?
a. dumpster-diving
b. looking at curtilage from the air
c. using a thermal imaging device to find a "grow" room
d. covert involuntary DNA sampling
Q:
Electronic surveillance:
a. is governed by the Fourth Amendment.
b. never requires a warrant.
c. produces no intrusion on one's reasonable expectations of privacy.
d. requires a warrant only when entry on premises is necessary to conduct the surveillance.
Q:
Routine searches at our national borders require:
a. reasonable suspicion.
b. consent.
c. probable cause.
d. no justification.
Q:
Robbins v. California specified all of the following justifications for warrantless vehicle searches, except:
a. mobility produces exigent circumstances.
b. vehicles occupants are in plain view.
c. diminished expectation of privacy in a vehicle.
d. vehicle searches do not require the probable cause necessary for a warrant.
Q:
The Supreme Court reduced law enforcement's authority to search the passenger compartment of a vehicle incident to arrest in:
a. Arizona v. Gant
b. Carroll v. United States
c. United States v. Simmons
d. New York v. Belton
Q:
Officers can conduct a limited protective search incident to in-house arrest __________ that anyone dangerous is hiding in the home.
a. without any suspicion
b. with reasonable suspicion
c. with probable cause
d. with specific, articulable facts
Q:
A search can be incident to arrest only if it is substantially ___________ with the arrest and is confined to the immediate vicinity of the arrest.
a. extemporaneous
b. noncontemporary
c. contemporaneous
d. asynchronous
Q:
For which of the following does Title III require a warrant?
a. Electronic surveillance (wiretap)
b. Recording phone conversations with consent of one of the two parties to the conversation.
c. Using a pen register to obtain the numbers dialed from a telephone.
d. Randomly intercepting cordless and cellular phone conversations.
Q:
Searches of vehicles incident to the arrest of an occupant area allowed only if the officer has a reasonable belief that the arrestee can gain access to the vehicle or ___________ will be found in the vehicle.
a. contraband
b. weapons
c. evidence of the crime of arrest
d. evidence of any crime
Q:
Which of the following would be considered a violation of a subject's reasonable expectation of privacy, requiring a warrant?
a. Police put a "beeper" on a vehicle to monitor its location.
b. Undercover officer converses with suspects and uses information in court.
c. Taking photographs of curtilage from an aircraft.
d. Placing listening device in public telephone booth to monitor conversations.
Q:
Which of the following would not be a legitimate factor contributing to the decision to frisk?
a. suspect who flees
b. suspicion a suspect possesses dangerous drugs
c. being in known high-crime area
d. suspect's hand is concealed in pocket
Q:
General searches are:
a. routinely done by police.
b. never constitutional.
c. permitted if authorized by a warrant.
d. permitted in cases where the suspect is found to be armed.
Q:
Searches with a warrant:
a. are presumed to be unreasonable.
b. must be executed within 36 hours to be valid
c. are presumed to be reasonable.
d. are unlimited in scope.
Q:
The Supreme Court ruled that unannounced cell searches or shakedowns did not require warrants, did not violate inmates' Fourth Amendment rights, and were justified by the need to maintain order in:
a. Morrissey v. Brewer
b. Bell v. Wolfish
c. Gideon v. Wainwright
d. Griffin v. Wisconsin
Q:
Explain the justifications for the automobile exception to the requirement for a warrant.