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CRIMINAL JUSTICE HOME PAGE & POLICIES AND OBJECTIVES

 

TAKE HOME TEST

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Each chapter will have a take home TEST that is due at 6:00 p.m. or earlier the day the chapter is discussed in class.  LATE TEST WILL NOT BE ACCEPTED, TURN IN THE TEST WHEN YOU ARRIVE IN THE CLASSROOM

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chapter 1 - EXTRA CREDIT

True/False
Indicate whether the statement is true or false.
 

 1. 

Our legal system regards crimes as offenses not just against individual victims, but against society as a whole.
 

 2. 

The most important constitutional principle relative to criminal procedure is "due process of law."
 

 3. 

A defendant in a criminal case is presumed innocent, and to obtain a conviction the prosecution must establish the defendant's guilt beyond a reasonable doubt.
 

 4. 

Appellate courts perform an error correction function, but they do not perform a lawmaking function.
 

Multiple Choice
Identify the choice that best completes the statement or answers the question.
 

 5. 

To convict a person of a crime, a court must find that person guilty ____.
a.
by a preponderance of the evidence
b.
beyond a reasonable doubt
c.
with absolute certainty
d.
none of these
 

 6. 

Most fundamentally, due process requires fair notice and ____.
a.
appeal
b.
fair hearing
c.
swift and certain punishment
d.
just compensation
 

 7. 

The reasonable doubt standard that obtains in criminal prosecutions differs markedly from the ____ standard that applies to civil cases.
a.
preponderance of evidence
b.
clear and convincing evidence
c.
totality of circumstances
d.
compelling interest
 

 8. 

As society becomes more cognizant of the rights of crime victims, courts are increasingly likely to require that persons convicted of crimes ____.
a.
make restitution
b.
confront their accusers
c.
be held in custody while their cases are appealed
d.
suffer more extreme punishments
 

 9. 

The ____ Amendment to the United States Constitution protects individuals against unreasonable searches and seizures.
a.
First
b.
Second
c.
Third
d.
Fourth
 

 10. 

The ____ Amendment to the United States Constitution protects individuals from compulsory self-incrimination.
a.
Second
b.
Fourth
c.
Fifth
d.
Sixth
 



 
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CHAPTER 2

True/False
Indicate whether the statement is true or false.
 

 1. 

Only those persons accused of felonies have a constitutional right to retain lawyers for their defense.
 

 2. 

Appellate courts are primarily fact-finding bodies.
 

Multiple Choice
Identify the choice that best completes the statement or answers the question.
 

 3. 

At the national level, the ____ is the primary agency empowered to investigate violations of federal criminal laws.
a.
Federal Bureau of Investigation
b.
Bureau of Alcohol, Tobacco and Firearms
c.
Secret Service
d.
Immigration and Naturalization Service
 

 4. 

The official who heads the U.S. Department of Justice is the ____.
a.
Barrister General
b.
Attorney General
c.
Solicitor General
d.
Minister of Justice
 

 5. 

Pretrial proceedings in the federal district courts and trials of federal misdemeanors are often handled by ____ who are appointed by federal district judges.
a.
magistrate judges
b.
referees
c.
special masters
d.
none of these
 

 6. 

In addition to the FBI, federal law enforcement agencies include the ____.
a.
Bureau of Alcohol, Tobacco and Firearms
b.
the Bureau of Indian Affairs
c.
the Customs Service
d.
all of these
 

 7. 

Crimes committed by persons who are ____ are ordinarily prosecuted before courts-martial.
a.
on Indian reservations
b.
on federal reservations
c.
in the civil service
d.
in the military services
 

 8. 

Decisions of courts-martial are reviewed by military courts of review in each branch of the armed forces and in certain instances appeals are heard by the United States ____.
a.
Court of International Justice
b.
Court of Appeals for the Federal Circuit
c.
Claims Court
d.
Court of Appeals for the Armed Forces
 

 9. 

The abuses that came to be associated with juvenile courts were addressed by the Supreme Court in the landmark case of ____.
a.
In re Gault (1967)
b.
Gideon v. Wainwright (1963)
c.
Ex Parte Hull (1979)
d.
Mapp v. Ohio (1961)
 

 10. 

In McKeiver v. Pennsylvania (1971), the Supreme Court refused to extend the right to ____ to juvenile proceedings.
a.
counsel
b.
speedy and public trial
c.
trial by jury
d.
cross-examination
 

 11. 

Federal statutes are published in the ____, an annual publication dating from 1789 in which federal statutes are arranged in order of their adoption.
a.
Federal Register
b.
Code of Federal Regulations
c.
Supreme Court Reporter
d.
United States Statutes at Large
 

 12. 

The most popular compilation of the federal law used by lawyers, judges, and criminal justice professionals is the ____.
a.
Federal Register
b.
Code of Federal Regulations
c.
U.S. Code Annotated
d.
Compendium of Federal Legislation
 

 13. 

Congress's legislative power may be divided into two broad categories: enumerated and ____ powers.
a.
concurrent
b.
inherent
c.
plenary
d.
implied
 

 14. 

Because statutes are necessarily written in general language, legislation often requires judicial ____.
a.
diversion
b.
interpretation
c.
prohibition
d.
asportation
 

 15. 

Because legislative bodies have enacted vast numbers of laws defining offenses that are ____, statutory interpretation assumes an importance largely unknown to the English common law.
a.
mens rea
b.
strict constructionist
c.
lex non scripta
d.
mala prohibita
 

 16. 

The most frequent maxim applied by courts in determining legislative intent is the ____ rule.
a.
original package
b.
plain meaning
c.
nolle prosequi
d.
unit
 

 17. 

In determining the meaning of the statutory term "____," a court would ordinarily look to the common law, which defined the term to mean "an enclosed space surrounding a dwelling."
a.
domicile
b.
homestead
c.
curtilage
d.
residence
 

 18. 

Corrections systems include ____.
a.
agencies that supervise probation and parole
b.
public defender offices
c.
criminal courts
d.
none of these
 

 19. 

When state legislatures adopt statutes, they are published in volumes known as ____.
a.
reporters
b.
session laws
c.
syllabi
d.
digests
 

 20. 

Defense attorneys perform all of the following functions except ____.
a.
courtroom advocacy
b.
plea negotiation
c.
testifying on behalf of clients
d.
protecting defendants' rights
 



 
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CHAPTER 3


True/False
Indicate whether the statement is true or false.
 

 1. 

The Bill of Rights of the U.S. Constitution has always been regarded by the courts as protecting citizens against arbitrary and capricious actions of their state and local governments.
 

 2. 

Notwithstanding the mandate of the First Amendment, public assemblies may be prohibited in cases of clear and present danger to the public order or safety as long as there is imminent lawless action.
 

 3. 

State legislatures have frequently passed statutes impinging directly on the freedom of religion.
 

 4. 

Although there is no mention of "privacy" in the text of the Constitution, courts have recognized a constitutional right of privacy in the areas of sex, reproduction and family life.
 

 5. 

Criminal laws that infringe First Amendment freedoms are subjected to strict scrutiny by the courts.
 

 6. 

A person may not contest the validity of a law imposing restrictions on First Amendment freedoms unless he or she has been charged with violating the law.
 

Multiple Choice
Identify the choice that best completes the statement or answers the question.
 

 7. 

Which of the following forms of expression is not protected by the First Amendment?
a.
A magazine that has been determined to be obscene.
b.
A minister's sermon delivered during a church service.
c.
An intemperate speech by a member of the Ku Klux Klan.
d.
The expenditure of money by a candidate for public office.
 

 8. 

The Supreme Court has refined the clear and present danger doctrine so that public advocacy may be prohibited only in situations when there is ____.
a.
imminent lawless action
b.
actual violence
c.
an immediate threat to life or property
d.
obscenity or profanity
 

 9. 

At a minimum, a criminal law that touches on constitutionally protected interests must be "rationally related to furthering a legitimate government interest." This is referred to as the ____.
a.
rule of reason
b.
rational basis test
c.
compelling state interest test
d.
clear and convincing evidence doctrine
 

 10. 

The ____ Amendment provides that: "A well regulated Militia, being necessary to the security of a free state, the right of the people to keep and bear arms shall not be infringed."
a.
First
b.
Second
c.
Third
d.
Fourth
 



 
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Chapter 15

True/False
Indicate whether the statement is true or false.
 

 1. 

The Fourth Amendment to the U.S. Constitution has been extended to searches and seizures conducted by state and local law enforcement officers.
 

 2. 

The Fourth Amendment contains a provision expressly prohibiting the use of evidence obtained through an unreasonable search and seizure.
 

 3. 

For a search to be valid under the Fourth Amendment, police officers must have "probable cause," or in certain instances "reasonable suspicion" to believe that a particular search will produce evidence of crime.
 

 4. 

The Fourth Amendment applies to all premises and property, even premises and property that have been abandoned.
 

 5. 

Although the Fourth Amendment refers to "houses," its protections are extended to stores, offices and places of business.
 

 6. 

A "search" within the meaning of the Fourth Amendment refers only to a physical penetration of someone's person or property.
 

 7. 

Any means of invading a person's reasonable expectation of privacy is considered a "search" within the meaning of the Fourth Amendment.
 

 8. 

Police must first obtain a warrant before conducting a search of a person's home, even if the homeowner consents to a warrantless search.
 

 9. 

A tip from a confidential informant can give rise to probable cause to obtain a search warrant.
 

 10. 

Police must have "probable cause" before subjecting a suspicious person to a "stop- and-frisk."
 

Multiple Choice
Identify the choice that best completes the statement or answers the question.
 

 11. 

As a general rule, the Fourth Amendment requires police to obtain ____ before performing a search or seizure.
a.
consent
b.
an indictment
c.
clear and convincing evidence of guilt
d.
a warrant
 

 12. 

Which of the following often qualifies as a permissible warrantless search?
a.
a search of a suspect's person incident to a lawful arrest
b.
a search of an automobile based on probable cause
c.
a "pat-down" search of a person based on reasonable suspicion
d.
all of these
 

 13. 

Which of the following doctrines would permit a police officer to seize contraband discovered on the floor of an apartment during a valid emergency search?
a.
plain view
b.
open fields
c.
curtilage
d.
consent
 

 14. 

In conducting a warrantless search incident to a lawful arrest, police may search the person being arrested and the area within that person's ____.
a.
ownership
b.
normal sphere of activity
c.
immediate control
d.
none of these
 

 15. 

The U.S. Supreme Court has recognized a limited ____ exception to the Fourth Amendment exclusionary rule.
a.
probable cause
b.
reasonable suspicion
c.
national security
d.
good-faith
 

 16. 

In ____ (1914), the U.S. Supreme Court first held that evidence obtained through an unlawful search and seizure could not be used to convict a person of a federal crime.
a.
Weeks v. United States
b.
Wolf v. United States
c.
Mapp v. United States
d.
United States v. Leon
 

 17. 

The ____ doctrine holds that evidence derived from other evidence that is obtained through an illegal search or seizure is itself inadmissible.
a.
inevitable discovery
b.
independent source
c.
suspension of disbelief
d.
fruit of the poisonous tree
 

 18. 

The ____ is justified by the need to deter police misconduct, but it exacts a high price to society in that "the criminal is to go free because the constable has blundered."
a.
right to counsel
b.
prohibition against double jeopardy
c.
exclusionary rule
d.
the police deception rule
 

 19. 

The Fourth Amendment protects a person's rights against the police, but generally does not apply to searches and seizures conducted by ____.
a.
private citizens
b.
private employers
c.
private security personnel
d.
all of these
 

 20. 

The good-faith exception to the Fourth Amendment exclusionary rule recognized in United States v. Leon (1984) does not apply to cases where ____.
a.
The magistrate was misled by an affidavit that the affiant knew was false or would have known was false except for reckless disregard for the truth.
b.
The affidavit is utterly lacking in indicia of probable cause
c.
The warrant is so facially deficient that the executing officer cannot reasonably presume its validity.
d.
all of these
 



 
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Chapter 16

True/False
Indicate whether the statement is true or false.
 

 1. 

An arrest is considered a "seizure" within the meaning of the Fourth Amendment.
 

 2. 

Police are permitted to temporarily detain persons for questioning when they have "reasonable suspicion" that criminal activity is afoot.
 

 3. 

A police officer must always first obtain a warrant before making a felony arrest.
 

 4. 

Police officers must always have probable cause to make an arrest.
 

 5. 

To make a warrantless arrest for a felony, police must observe the crime in progress.
 

 6. 

At common law, police had the right to make a warrantless arrest if they observed someone in the commission of a misdemeanor.
 

 7. 

At common law, a private individual could make an arrest without a warrant if a felony was committed in the individual's presence.
 

Multiple Choice
Identify the choice that best completes the statement or answers the question.
 

 8. 

To conduct a "stop-and-frisk," police must have ____ that criminal activity is afoot.
a.
probable cause
b.
clear and convincing evidence
c.
a preponderance of evidence
d.
reasonable suspicion
 

 9. 

The purpose of a "frisk" is to allow police to make a limited pat-down search for ____.
a.
weapons
b.
contraband
c.
identification papers
d.
none of these
 

 10. 

The deprivation of a person's liberty by someone with legal authority is termed a(n) ____.
a.
investigatory detention
b.
interrogation
c.
arrest
d.
identification procedure
 

 11. 

To make an arrest, police must have ____.
a.
reasonable suspicion
b.
an arrest warrant
c.
probable cause
d.
reasonable doubt
 

 12. 

In Miranda v. Arizona (1966), the Supreme Court held that police must advise suspects of their right to ____ before subjecting them to custodial interrogation.
a.
have counsel present during questioning
b.
obtain witnesses in their defense
c.
remain silent during questioning
d.
both a and c are correct.
 

 13. 

Even though police have provided a suspect the Miranda warnings, the suspect's confession may not be used as evidence unless it is ____.
a.
voluntary
b.
reasonable
c.
retracted
d.
necessary to support a conviction
 

 14. 

The Supreme Court has defined "interrogation" as questioning or ____.
a.
deception by the police
b.
its functional equivalent
c.
the use of force by police
d.
any other interaction between police and suspect
 

 15. 

In determining whether a defendant's confession was voluntary, police typically consider such factors as ____.
a.
the defendant's physical and psychological state
b.
the length of time between arrest and the defendant's appearance in court
c.
the attitudes of the police toward the defendant
d.
all of these
 

 16. 

Which of the following identification procedures have been upheld by the courts?
a.
lineups
b.
fingerprinting
c.
taking handwriting samples
d.
all of these
 

 17. 

To establish probable cause to make an arrest, police can consider ____.
a.
statements by witnesses to a crime
b.
official reports
c.
confidential information from anonymous informants
d.
all of these
 

 18. 

The Supreme Court has held that a person has a right to counsel at a lineup ____.
a.
before arrest
b.
after arrest but before indictment
c.
after formal charges have been made against a defendant
d.
in none of the instances in a, b, and c
 

 19. 

For a police officer to make an arrest, he or she must have ____.
a.
a reasonable idea that a wrong has been committed
b.
probable cause to believe an individual has committed an offense
c.
a "hunch" that an individual may have committed an offense
d.
a suspicion that an individual may have violated the law
 

 20. 

The process by which police take an eyewitness to the crime scene to view a suspect shortly after an offense has been committed is called a ____.
a.
showup
b.
lineup
c.
photo pack display
d.
polygraph examination
 



 
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Chapter 17

True/False
Indicate whether the statement is true or false.
 

 1. 

The Supreme Court has said that an indigent person accused of any crime, even a minor misdemeanor, has the right to be represented by counsel at public expense.
 

 2. 

The Eighth Amendment of the U.S. Constitution prohibits the imposition of "excessive bail."
 

 3. 

The Supreme Court has ruled that an indigent defendant may be assessed the costs of appointed counsel and that such costs may be collected later if the defendant becomes solvent.
 

 4. 

The same rules of evidence that apply to criminal trials apply to grand jury investigations.
 

Multiple Choice
Identify the choice that best completes the statement or answers the question.
 

 5. 

An indictment is a formal criminal charge handed down by a ____.
a.
grand jury
b.
magistrate
c.
trial judge
d.
prosecutor
 

 6. 

An indictment is also known as a(n) ____.
a.
information
b.
summons
c.
subpoena
d.
true bill
 

 7. 

The surrender of a person accused of a crime by one state to another is known as ____.
a.
compulsory process
b.
asylum
c.
extradition
d.
asportation
 

 8. 

Courts have held it to be a denial of due process if a prosecutor knowingly withholds ____ evidence from the accused.
a.
hearsay
b.
evanescent
c.
exculpatory
d.
physical
 

 9. 

The prosecution may be required to disclose the identity of ____ if that person was an active participant in the offense for which the defendant is being prosecuted.
a.
the victim
b.
a witness
c.
a confidential informant
d.
none of these
 

 10. 

At common law, a grand jury consisted of ____ persons.
a.
six
b.
twelve
c.
eighteen
d.
twenty-three
 

 11. 

Which of the following functions must be performed at a defendant's initial appearance before a judge or magistrate?
a.
The charges against the accused must be read.
b.
The accused must be informed of relevant constitutional rights, including the right to remain silent and the right to counsel. Determination must be made as to whether the accused will be released or detained pending trial.
c.
A determination must be made of whether the accused should be released pending trial, or remanded to custody to await the disposition of the case.
d.
all of these
 

 12. 

Which one of the following is not a component of the pretrial process?
a.
initial appearance
b.
preliminary hearing
c.
arraignment
d.
sentencing of the defendant
 

 13. 

Which one of the following statements is incorrect?
a.
A grand jury can refuse to return an indictment requested by a United States Attorney.
b.
A grand jury can receive and consider hearsay testimony.
c.
A grand jury does not have to honor an evidentiary privilege such as the marital privilege.
d.
Federal grand juries comprise sixteen to twenty-three persons, yet the "12 votes for indictment" rule applies in every case.
 

 14. 

Before ruling on a motion for a change of venue, the trial judge would likely consider ____.
a.
the nature of pretrial publicity and the extent to which it has circulated in the community
b.
the time elapsing between dissemination of publicity and the date of trial
c.
the severity and notoriety of the offense charged
d.
all of these
 

 15. 

Which one of the following statements concerning severance of parties charged with a criminal offense is incorrect?
a.
Rules concerning joinder and severance of parties are usually spelled out in the rules of criminal procedure in each jurisdiction.
b.
Severance of defendants is generally granted when defendants are charged jointly but each intends to pursue inconsistent defenses.
c.
Severance is usually granted when one defendant's confession implicates a codefendant who does not choose to testify at trial.
d.
A trial judge has broad discretion to deny a motion for severance even when counsel demonstrate that two defendants will present conflicting and irreconcilable defenses.
 

 16. 

Which one of the following statements is correct?
a.
In practice, state and federal prosecutors have very limited discretion in determining whether to prosecute a defendant.
b.
A skip tracer is one who seeks out absconding defendants to assist sureties who have posted bonds guaranteeing a defendant's appearance before the court.
c.
Usually less than half of the defendants charged with felonies plead guilty at arraignment.
d.
The term in camera as used in court proceedings refers to the right of the media to photograph court proceedings.
 

 17. 

The State charged Maria Felonio with grand theft. She requests the trial court to discharge the public defender appointed to represent her and to allow her to represent herself. Which one of the following actions by the trial judge was improper?
a.
The judge informed Ms. Felonio that, if the court grants her request, she cannot expect the trial judge to advise her on tactical decisions during her trial.
b.
The judge made a searching inquiry to determine that Ms. Felonio's decision to opt for self-representation was voluntary and made after she was informed of the advantages for a defendant charged with a serious crime to be represented by counsel.
c.
The court determined that, although Ms. Felonio's decision to represent herself was knowingly and voluntarily made, she lacked the legal knowledge and skills essential to effectively represent herself before the court.
d.
The court approved Ms. Felonio's request to represent herself but appointed standby counsel to be available to answer questions she may have concerning court procedures.
 

 18. 

Which one of the following statements concerning a motion to suppress a defendant's confession or admissions made to the police is incorrect?
a.
The Supreme Court has ruled that a defendant has a constitutional right to have the court determine whether a confession is voluntary before it is revealed to the trial jury.
b.
A trial court's ruling suppressing a defendant's confession can never lead to a dismissal of the prosecution's charges against the defendant.
c.
Before ruling on a motion to suppress a confession or admissions, the trial court generally conducts an evidentiary hearing.
d.
Among other inquiries, a motion to suppress a confession or admissions may bring into focus the issue of whether the police administered Miranda warnings to the defendant before obtaining the confession or admissions sought to be suppressed.
 

 19. 

In determining whether to proceed against a defendant on multiple criminal charges jointly or separately, which one of the following factors is the most essential consideration for a prosecutor?
a.
The time that will be saved in trial of the charges against the defendant if one trial is held to consider all charges pending against the defendant.
b.
Whether separate trials will pose an inconvenience to counsel and witnesses.
c.
Whether a set of violations may constitute distinct violations of criminal statutes, yet may be considered part of the "same offense" under the Double Jeopardy Clause of the U.S. Constitution.
d.
Whether statutes proscribing offenses charged against the defendant are described in separately enumerated statutes.
 



 
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Chapter 18

True/False
Indicate whether the statement is true or false.
 

 1. 

The Sixth Amendment guarantees an accused the right to a trial by jury in a criminal case where a penalty of more than six months imprisonment can be imposed.
 

 2. 

The United States Supreme Court has ruled that it is constitutionally permissible for a state to provide for a less-than-unanimous verdict in six-person juries in criminal trials.
 

 3. 

Federal appellate courts have approved the use of an anonymous jury where there is a strong reason to believe the jury needs protection and where reasonable precautions are taken to ensure the defendant's fundamental rights are protected.
 

 4. 

A defendant in a criminal case is entitled to have the jury instructed on the law applicable to any legitimate theory of defense supported by the evidence at trial.
 

 5. 

The practice of a trial court receiving, without proof, certain information well known by the public is referred to as the court taking "judicial notice."
 

 6. 

Once a physician offered by the prosecution as an expert witness testifies to his or her qualifications, cross-examination as to those qualifications by the defense is not permitted.
 

 7. 

In a closing argument to a jury, it is proper for a lawyer to comment on the weight of the evidence and the credibility of the witnesses.
 

Multiple Choice
Identify the choice that best completes the statement or answers the question.
 

 8. 

If, after deliberating for a considerable time, a jury reports that it is deadlocked, the trial judge may do any of the following except:
a.
declare a mistrial
b.
urge the jury to make further attempts to arrive at a verdict
c.
give a supplemental instruction sometimes referred to as an Allen Charge
d.
direct the jury to render "guilty" or "not guilty" verdict within a specified short period of time
 

 9. 

Which one of the following statements is incorrect?
a.
After one side offers a witness as an expert and addresses his or her qualifications, the other side may cross-examine as to the witness's qualifications to testify as an expert.
b.
An expert witness is permitted to voice opinions within the range of his or her expertise.
c.
An expert witness may not answer hypothetical questions.
d.
A trial judge has considerable discretion in determining whether to receive a witness as an expert.
 

 10. 

Witnesses who are "put under the rule" ____.
a.
are not permitted to testify at trial
b.
must remain outside the courtroom except when testifying
c.
are those who have been found in contempt
d.
are exempt from testifying because of "privileges"
 

 11. 

A trial judge who accepts, without formal proof, matters of common knowledge is said to be ____.
a.
taking judicial notice of certain facts
b.
accepting a proffer of evidence
c.
making a determination of relevancy or competency
d.
none of these
 

 12. 

A witness whose credibility is undermined during cross-examination is said to have been ____.
a.
impeached
b.
declared hostile
c.
put "under the rule"
d.
none of these
 

 13. 

The standard of proof in a criminal case is ____.
a.
clear and convincing evidence
b.
preponderance of the evidence
c.
beyond a reasonable doubt
d.
presumption of validity of the jury's verdict
 

 14. 

The process by which jurors are selected by the court and counsel is known as ____.
a.
arraignment
b.
opening statements of counsel
c.
voir dire
d.
proffer of evidence
 

 15. 

A challenge in which an attorney has broad discretion in excusing jurors is known as a ____.
a.
peremptory challenge
b.
challenge for cause
c.
challenge to the venire
d.
all of these
 

 16. 

A lay witness cannot ordinarily testify in court about ____.
a.
the speed of a car based on observation of the car's skid marks
b.
a person's general appearance
c.
matters ordinarily perceived by the senses or matters of common knowledge
d.
the appearance of a person who has been injured
 

 17. 

Exceptions to the hearsay rule include ____.
a.
a spontaneous or excited utterance
b.
a person's dying declaration
c.
evidence of a person's reputation
d.
all of these
 

 18. 

When an accused takes the stand in his or her defense and testifies, the prosecution ____.
a.
is prohibited by the Constitution from asking the defendant any questions
b.
may cross-examine the accused about his or her testimony with the same latitude as with any other witness
c.
may only ask the defendant questions previously approved by the trial judge
d.
may only ask the defendant questions previously submitted in writing to defense counsel by the prosecution
 

 19. 

In instructing the trial jury, the trial judge may do all of the following except ____.
a.
explain the charges against the defendant.
b.
define the crimes and applicable defenses at issue in the trial.
c.
explain to the jury its function as the trier of facts
d.
comment on the weight of the evidence and credibility of the witnesses who testified.
 

 20. 

"Real" evidence does not include ____.
a.
he defendant's fingerprints found at the scene of a crime
b.
a television set that was stolen from a victim's residence
c.
the direct testimony of a witness who identifies the defendant as having perpetrated the crime for which the defendant is on trial
d.
an x-ray depicting an injury to a victim
 



 
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Chapter 19

True/False
Indicate whether the statement is true or false.
 

 1. 

The U.S. Supreme Court has held that the Eighth Amendment prohibits the execution of a prisoner who has become legally insane.
 

 2. 

Academicians who study capital punishment are nearly unanimous in believing that the death penalty is a general deterrent to murder.
 

 3. 

According to the authors, the most common form of criminal punishment is the monetary fine.
 

 4. 

Under no circumstances may a court limit the right of an offender to associate freely with other persons as a condition of probation.
 

 5. 

"Community control" is another term for community service.
 

 6. 

Every jurisdiction requires that adult offenders be sentenced in open court.
 

 7. 

Under the Violent Crime Control and Law Enforcement Act of 1994, better known as the Federal Crime Bill, capital punishment is restricted to convictions for bank robbery resulting in a death.
 

 8. 

A defendant convicted of multiple crimes must be given separate sentences for each offense.
 

 9. 

The trend in sentencing today is toward indeterminate sentences for adult offenders.
 

Multiple Choice
Identify the choice that best completes the statement or answers the question.
 

 10. 

Under a scheme of ____ sentencing, judges are free to impose particular sentences within ranges of minimum and maximum penalties prescribed by law.
a.
indeterminate
b.
indefinite
c.
mandatory
d.
determinate
 

 11. 

In an effort to incapacitate habitual criminals, many states have laws requiring ____ for persons repeatedly found guilty of felonies.
a.
the death penalty
b.
mandatory enhanced penalties
c.
psychiatric evaluation
d.
community control
 

 12. 

"When one man strikes another and kills him, he shall be put to death.... When one man injures and disfigures his fellow-countryman, it shall be done to him as he has done, eye for eye, tooth for tooth...." This is the Biblical statement of the doctrine of ____.
a.
restitution
b.
incapacitation
c.
deterrence
d.
retribution
 

 13. 

Which of the following elements are typically addressed in a presentence report?
a.
the defendant's family background
b.
the defendant's employment history
c.
the defendant's criminal record, if any
d.
all of these
 

 14. 

Which of the following approaches to sentencing represents an effort to reduce sentencing disparities?
a.
consecutive sentencing
b.
indeterminate sentencing
c.
sentencing guidelines
d.
none of these
 

 15. 

The sentencing procedure followed in a capital case where the guilt phase is separated from the penalty phase is often referred to as a(n) ____.
a.
bifurcated trial
b.
disciplinary hearing
c.
evidentiary hearing
d.
none of these
 

 16. 

The evidentiary standard that courts apply when considering whether to revoke probation is that the ____.
a.
alleged violation is proven beyond a reasonable doubt
b.
court is reasonably satisfied of the probationer's violation
c.
alleged violation is established by a preponderance of the evidence
d.
alleged violation is established by clear and convincing evidence
 

 17. 

Before prison officials are allowed to remove good time credit that a prisoner has earned, the inmate must be afforded all the following rights except:
a.
written notice of the disciplinary hearing
b.
the right to an administrative hearing with a written record of the proceedings
c.
the right to have counsel present at the administrative hearing
d.
the right to produce evidence on his or her behalf.
 

 18. 

Today the chief focus of criminal punishment appears to be to prevent offenders from committing further criminal acts. This is the principal goal of ____.
a.
incapacitation
b.
rehabilitation
c.
restitution
d.
community service
 

 19. 

In sentencing a defendant, it is impermissible for a federal district court to depart from a sentence prescribed by the sentencing guidelines on the basis of ____.
a.
the defendant's race, religion, or national origin
b.
the defendant's sex
c.
the defendant's socioeconomic status
d.
any of the factors or conditions in a, b, and c
 

 20. 

In states that have adopted restitution laws, courts have held that ____.
a.
restitution is necessarily incompatible with incarceration
b.
restitution may not be ordered for damages caused by the defendant during a criminal episode, unless the loss is directly related to a specific conviction
c.
a defendant may not be ordered to pay restitution to a party other than his or her victim
d.
none of these
 



 
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Chapter 20

True/False
Indicate whether the statement is true or false.
 

 1. 

The Supreme Court has held that a defendant has a right under the U.S. Constitution to appeal a criminal conviction to a higher court.
 

 2. 

The United States Courts of Appeals ordinarily hear appeals of right in federal criminal cases.
 

 3. 

The governor or other executive authorities of a state generally have constitutional or statutory power to grant a pardon to a defendant convicted of a felony in that state.
 

 4. 

Courts tend to be more liberal in reviewing alleged errors not challenged at trial where a death sentence has been imposed.
 

 5. 

A defendant who has been convicted after trial has no opportunity to be released from custody pending the resolution of an appeal.
 

 6. 

Some jurisdictions permit a defendant to plead nolo contendere and reserve the right to appeal a specific ruling of the trial court.
 

 7. 

Just as a defendant may appeal a criminal conviction after pleading not guilty, the prosecution may appeal from the defendant's acquittal.
 

 8. 

A per curiam opinion is attributed to a dissenting judge in an appellate decision.
 

 9. 

Prior to the 20th century, federal habeas corpus jurisdiction was seldom invoked to review state criminal convictions.
 

Multiple Choice
Identify the choice that best completes the statement or answers the question.
 

 10. 

The U.S. Supreme Court may review a criminal conviction that has already been reviewed by a U.S. Court of Appeals by issuing a writ of ____.
a.
error
b.
mandamus
c.
certiorari
d.
prohibition
 

 11. 

Which of the following issues are appropriately raised by defendants challenging their convictions on appeal?
a.
the sufficiency of the evidence to support a conviction
b.
trial court rulings admitting or excluding certain evidence over the defendant's objection
c.
the failure of the trial judge to instruct the jury as requested by the defense
d.
all of these
 

 12. 

In deciding whether to grant discretionary review of a state criminal case, the Supreme Court must determine whether a(n) ____ federal question is involved.
a.
interesting
b.
controversial
c.
timely
d.
substantial
 

 13. 

An appellate proceeding where counsel appear to make verbal presentations and to answer questions from the bench is referred to as a(n) ____.
a.
conference
b.
hearing
c.
oral argument
d.
rejoinder
 

 14. 

The U.S. Constitution permits the ____ "to grant reprieves and Pardons for Offenses committed against the United States."
a.
Supreme Court
b.
President
c.
Congress
d.
Attorney General
 

 15. 

Most decisions of appellate courts are published in books known as ____.
a.
reporters
b.
syllabi
c.
digests
d.
briefs
 

 16. 

Typically a defendant who pleads guilty may raise on appeal only issues relating to ____.
a.
the jurisdiction of the trial court
b.
the voluntariness and factual basis of the plea of guilty
c.
the legality, and in some instances the reasonableness, of the sentence imposed
d.
all of these
 

 17. 

An appellate court's reversal of a lower court's judgment is usually accompanied by an order to ____ the case to the lower court for further proceedings consistent with the appellate court's opinion.
a.
assign
b.
remand
c.
relinquish
d.
designate
 

 18. 

Which one of the following trial court actions could never be a basis for the prosecution to appeal in a criminal case?
a.
an order dismissing an information or indictment
b.
a pretrial order suppressing the defendant's confession
c.
a judgment based on a jury acquittal of the defendant
d.
a pretrial order declaring seizure of contraband in violation of the Fourth Amendment
 

 19. 

At the state level, a trial judge who is requested to release a convicted defendant pending the defendant's appeal of his or her conviction would be the least likely to consider ____.
a.
the defendant's reputation for respect for the law
b.
the length of the defendant's sentence
c.
the defendant's ties to family and community
d.
the defendant's inability to travel to attend a family reunion
 

 20. 

Which one of the following grounds would be the least likely to merit relief in response to a defendant's motion for postconviction relief in a state court?
a.
The defendant's sentence exceeded the statutory authorization for the crime for which the defendant was convicted.
b.
Defendant has discovered exculpatory evidence that was not available at trial.
c.
Defendant's counsel was ineffective in failing to call witnesses who could establish the defendant's alibi.
d.
The evidence before the jury did not establish the defendant's guilt beyond a reasonable doubt
 



 
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