Deck 16: Criminal Procedure

Question 1

Due process

A) requires fundamental fairness.
B) is the basis for the selective incorporation theory.
C) is part of the constitutional guarantees.
D) All of the above.

Answer 1

D

Question 2

Bail or the amount required to be posted in exchange for freedom during pending charges cannot be

A) cruel.
B) unusual.
C) excessive.
D) more than the average individual can afford.

Answer 2

C

Question 3

The privilege to avoid self-incrimination

A) can never be waived.
B) can be required by subpoena to testify.
C) is not a constitutional right.
D) is a constitutional right.

Answer 3

D

Question 4

When a prosecutor agrees to a lesser charge in exchange for a plea of guilty,what takes place?

A) Indictment
B) Critical stage
C) Due process
D) Plea agreement

Question 5

The stage when the accused is formally charged with the crime(s)he/she will be tried for is known as a(n)

A) preliminary hearing.
B) bail hearing.
C) arraignment.
D) trial.

Question 6

The concept of bail is to

A) make sure fines are paid while the defendant has access to the necessary funds.
B) help ensure the defendant will not flee or commit additional crimes.
C) keep dangerous criminals in jail.
D) None of the above.

Question 7

Attempted criminal conduct

A) can be tried at the same time as the trial for the completed crime.
B) is merged with the charge of the completed crime if it occurs.
C) must be tried in a separate trial separate from that of the completed crime.
D) None of the above.

Question 8

A critical stage takes place

A) when the defendant is seriously injured during arrest.
B) when a search warrant is issued.
C) when something could happen that might jeopardize the defendant's rights.
D) at the time of arrest.

Question 9

The theory that no one should be subject to loss of liberty more than once for a particular crime is represented in the particular constitutional right regarding

A) due process.
B) selective incorporation.
C) critical stages.
D) double jeopardy.

Question 10

Double jeopardy

A) occurs when a defendant is not given proper Miranda rights.
B) is constitutionally prohibited.
C) is not used as a criminal term but rather one used on a TV game show.
D) None of the above.

Question 11

The grand jury has the duty to

A) determine whether the evidence collected could support a criminal conviction.
B) sit on trials where the penalty could be death or life in prison without parole.
C) issue search warrants.
D) issue search and arrest warrants.

Question 12

A person has a reasonable expectation of privacy in

A) his/her car.
B) areas not readily visible to the public.
C) his/her backyard.
D) None of above.

Question 13

Probable cause occurs when

A) the defendant knew or should have known his/her conduct was criminal.
B) there is an eyewitness to the crime willing to testify.
C) there is more than mere suspicion of criminal activity.
D) All of the above.

Question 14

The plain view rule

A) admits evidence that would require a warrant but is in plain view.
B) admits arrests that would require a warrant but occur in plain view.
C) excludes evidence that would require a warrant even if the evidence was in plain view.
D) excludes/negates arrests that would require a warrant even if the crime occurred in plain view.

Question 15

An arrest warrant is required

A) whenever probable cause exists and there are no exigent circumstances.
B) whenever a felony crime is charged.
C) before Miranda rights are given to one alleged to have committed a crime.
D) in any case where the charge is a type of homicide.

Question 16

The Miranda warnings must be given to all

A) persons subject to arrest.
B) witnesses to a crime.
C) defendant's about to testify in their own behalf.
D) None of the above.

Question 17

Selective incorporation describes

A) the process of including certain elements of a prior will into a new will.
B) the process of including the crime of attempt in the completed criminal act.
C) criminal statutes applicable to corporations as well as individuals.
D) the process of including certain constitutional guarantees within the definition of due process.

Question 18

The exclusionary rule

A) excludes evidence when it is found the defendant was mentally incapacitated.
B) excludes/negates arrests when it is found the defendant was mentally incapacitated.
C) excludes evidence that was seized without a warrant.
D) excludes evidence that was obtained without due process.

Question 19

A finding by a judge that there is enough evidence to conclude a defendant could be found guilty of a crime occurs at what stage?

A) Preliminary hearing
B) Grand jury proceedings
C) Trial
D) Bail hearing

Question 20

Miranda warnings require

A) arrestees to be given notice of certain rights.
B) officers to advise defendants a search warrant is about to be executed.
C) defendants to have an attorney present before making a confession.
D) None of the above.

Question 21

Selective incorporation includes certain constitutional rights within the definition of double jeopardy.

Question 22

Match the most appropriate term to the definition.
a.selective incorporation
b.excessive bail
c.arrest warrant
d.probable cause
e.double jeopardy
f.unreasonable
g.critical stage
h.self-incrimination
i.due process
j.Miranda warning
Method by which very specific interpretations of U.S.constitutional amendments are imposed on the states by the U.S.Supreme Court

Question 23

Match the most appropriate term to the definition.
a.selective incorporation
b.excessive bail
c.arrest warrant
d.probable cause
e.double jeopardy
f.unreasonable
g.critical stage
h.self-incrimination
i.due process
j.Miranda warning
Protects the rights to counsel and rights against forced self-incrimination

Question 24

One who will not challenge a conviction and who will not plead guilty pleads sua sponte.

Question 25

Match the most appropriate term to the definition.
a.selective incorporation
b.excessive bail
c.arrest warrant
d.probable cause
e.double jeopardy
f.unreasonable
g.critical stage
h.self-incrimination
i.due process
j.Miranda warning
Any point when the life or liberty of the defendant is in jeopardy

Question 26

Each person accused of criminal conduct is entitled to counsel at critical stages.

Question 27

Due process is required whenever life or liberty is at risk.

Question 28

The right against self-incrimination applies only in court proceedings.

Question 29

One who will not challenge a conviction and who will not plead guilty pleads nolo contendere(no contest).

Question 30

The exclusionary rule states that evidence of past crimes must be excluded from prosecution's evidence.

Question 31

Everyone accused of a crime is entitled to bail.

Question 32

Match the most appropriate term to the definition.
a.selective incorporation
b.excessive bail
c.arrest warrant
d.probable cause
e.double jeopardy
f.unreasonable
g.critical stage
h.self-incrimination
i.due process
j.Miranda warning
Bond of $50,000 for a first-time offense of driving under the influence in which no accident or injuries occurred

Question 33

Match the most appropriate term to the definition.
a.selective incorporation
b.excessive bail
c.arrest warrant
d.probable cause
e.double jeopardy
f.unreasonable
g.critical stage
h.self-incrimination
i.due process
j.Miranda warning
Type of circumstances when warrantless searches and seizures cannot be conducted

Question 34

Match the most appropriate term to the definition.
a.selective incorporation
b.excessive bail
c.arrest warrant
d.probable cause
e.double jeopardy
f.unreasonable
g.critical stage
h.self-incrimination
i.due process
j.Miranda warning
Reason for the constitutional right of a defendant not to testify and not to have that failure to testify held against him/her

Question 35

Match the most appropriate term to the definition.
a.selective incorporation
b.excessive bail
c.arrest warrant
d.probable cause
e.double jeopardy
f.unreasonable
g.critical stage
h.self-incrimination
i.due process
j.Miranda warning
That which is fundamentally fair in the American system of justice

Question 36

Match the most appropriate term to the definition.
a.selective incorporation
b.excessive bail
c.arrest warrant
d.probable cause
e.double jeopardy
f.unreasonable
g.critical stage
h.self-incrimination
i.due process
j.Miranda warning
More than mere suspicion

Question 37

Probable cause requires law enforcement to have more than a mere suspicion of criminal activity before acting.

Question 38

Match the most appropriate term to the definition.
a.selective incorporation
b.excessive bail
c.arrest warrant
d.probable cause
e.double jeopardy
f.unreasonable
g.critical stage
h.self-incrimination
i.due process
j.Miranda warning
Necessary unless the defendant is likely to flee or evidence is likely to be lost

Question 39

Search and seizure are never permitted without a warrant.
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Question 40

Match the most appropriate term to the definition.
a.selective incorporation
b.excessive bail
c.arrest warrant
d.probable cause
e.double jeopardy
f.unreasonable
g.critical stage
h.self-incrimination
i.due process
j.Miranda warning
Constitutional prohibition that does not apply if the case ends in a mistrial

Question 41

is a group of individuals who review evidence and determine whether defendant could be convicted of a crime.

Question 42

is being placed on trial for the same crime twice.

Question 43

is more than suspicion of criminal activity.

Question 44

is the stage when the accused is formally charged with crimes he/she will be tried for.

Question 45

is the stage when the accused is entitled to challenge statements of accusers.

Question 46

is the assurance to the court that defendant will not flee the jurisdiction or commit other crimes.

Question 47

is necessary to fundamental fairness in the American system of justice.

Question 48

is the stage in which presumed innocence is in jeopardy and the accused is entitled to counsel to protect this right.

Question 49

is the process of expanding the definition of due process.

Question 50

is the principle that defendant is entitled to competent legal advice.