Deck 1: An Introduction to Criminal Procedure

Question 1

Which of the following involves detecting criminal offenses?

A)arrest
B)criminal investigation
C)trial
D)sentencing

Answer 1

B

Question 2

When a prosecutor declines to prosecute a criminal defendant, what type of motion will he file?

A)an indictment
B)nolle prosequi
C)requests for production
D)interrogatories

Answer 2

B

Question 3

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?

A)accuracy
B)respect
C)fairness
D)equality

Answer 3

A

Question 4

Which of the following is the standard by which the prosecution must prove guilt in a criminal trial?

A)beyond all doubt
B)beyond a reasonable doubt
C)by preponderance of the evidence
D)beyond reasonable suspicion

Question 5

Which of the following best describes the criminal justice system objective of equality?

A)All defendants guilty of the same offense should receive equal punishment.
B)All defendants should receive the same quality of justice.
C)All defendants should receive the same quality of attorneys.
D)All defendants should receive equal time in court.

Question 6

A jury is generally composed of ______ persons.

A)6
B)9
C)12
D)15

Question 7

A ______ refers to a lawyer appointed by a district court judge for an 8-year term.

A)prosecutor
B)magistrate
C)bailiff
D)jury

Question 8

All of the following are sources of law except ______.

A)tribal law
B)judicial decisions
C)court rules
D)common law

Question 9

All of the following were identified as objectives of criminal procedure except ______.

A)participation
B)justice
C)respect
D)loyalty

Question 10

Which of the following phases involves recording information regarding the arrestee and taking a mug shot and fingerprints?

A)arrest
B)postarrest
C)the criminal charge
D)sentencing

Question 11

All of the following are examples of the use of discretion except ______.
A)a prosecutor not filing a charge
B)police officers not arresting an individual

A)entering a plea bargain
D)a judge advocating for a harsher sentence

Question 12

Which of the following defines the factual elements of a criminal offense?

A)substantive criminal law
B)procedural criminal law
C)substantive civil law
D)procedural civil law

Question 13

Which actor in the criminal justice system has the responsibility of deciding whether to formally charge a suspect?

A)the prosecution
B)the judge
C)the grand jury
D)the lead police investigator

Question 14

All of the following are standard sentences following a criminal conviction except ______.

A)incarceration
B)probation
C)fines
D)restitution

Question 15

All of the following are examples of pretrial motions that can be filed by defense attorneys except ______.

A)a motion to change the location of the trial
B)a motion to exclude unlawfully seized evidence from the trial
C)a motion to discuss charges
D)a motion to speed up the trial

Question 16

All of the following Amendments to the U.S.Constitution address issues of criminal procedure except ______.

A)First
B)Sixth
C)Eighth
D)Fourteenth

Question 17

If a police officer decides not to file a charge, they are exercising ______.

A)discretion
B)probable cause
C)fairness
D)loyalty

Question 18

Which of the following follows the pretrial?

A)appeal
B)postconviction
C)arraignment
D)pretrial motions

Question 19

What level of proof must be established for a police officer to make an arrest?

A)beyond a reasonable doubt
B)preponderance of the evidence
C)probable cause
D)reasonable suspicion

Question 20

Which of the following objectives refers to defendants having the opportunity for representation by lawyers at crucial points in the criminal justice process?

A)equality
B)appeals
C)participation
D)adversarial

Question 21

Where must one look when the U.S.Supreme Court has yet to answer a question regarding the U.S.Constitution?

A)the U.S.Congress
B)state legislatures
C)trial court judges
D)state supreme courts

Question 22

Stare decisis literally means which of the following?

A)to stare into the sun
B)to stand decided with one's fellow judges
C)to stand by precedent and to stand by settled points
D)to look to the points of the North Star for judicial guidance

Question 23

______ are the workhorse of the federal system and are the venue for prosecutions of federal crimes.

A)Appeals courts
B)The U.S.Supreme Court
C)District courts
D)Trial courts

Question 24

Which organization has the legal authority to interpret and apply the rules established in the U.S.Constitution?

A)the U.S.Congress
B)the U.S.Supreme Court
C)the U.S.president
D)state governors

Question 25

Which of the following is the most common repercussion for a law enforcement officer who violates internal police regulations?

A)The officer will face criminal charges.
B)The officer will be sued civilly.
C)The officer will be removed from the agency.
D)The officer will face internal disciplinary measures.

Question 26

The lowest level federal courts are ______.

A)trial courts
B)appeals courts
C)supreme courts
D)district courts

Question 27

Which of the following courts has exclusive jurisdiction over causes such as piracy?

A)local
B)state
C)federal
D)tribal

Question 28

Which of the following designates which cases are heard by the federal courts and which are heard by the state courts?

A)the U.S.Supreme Court
B)the U.S.Congress
C)the state supreme courts
D)the U.S.Constitution

Question 29

Which type of judicial opinion expresses a disagreement with the majority opinion?

A)per curiam decision
B)plurality opinion
C)concurring opinion
D)dissenting opinion

Question 30

According to the text, ______ of states have comprehensive codes drafted by their state supreme courts that regulate criminal procedure.

A)one quarter
B)one third
C)two third
D)all states

Question 31

If the U.S.Supreme Court were to receive 7,000 petitions for certiorari, given past behavior of the Court, roughly how many cases would the Court be expected to hear?

A)5,000
B)2,500
C)1,000
D)150

Question 32

The U.S.Supreme Court derives its authority to create federal rules of criminal procedure from ______.

A)the president
B)the U.S.Congress
C)the U.S.Constitution
D)common law

Question 33

Including the Federal Circuit Court of Appeals in Washington, DC, there are ______ circuit courts in the United Sates.

A)7
B)9
C)12
D)13

Question 34

The concept of precedent, central to Supreme Court decision making, is based on which legal principle?

A)ex post facto
B)ad hoc facto
C)deus ex machina
D)stare decisis

Question 35

Which of the following was identified as a primary way for a case to reach the Supreme Court?

A)stare decisis
B)writ of certiorari
C)en banc
D)per curiam

Question 36

Of all of the sources for American procedural law, which is the oldest?

A)the U.S.Constitution
B)state constitutions
C)common law
D)court rules

Question 37

The federal judicial system is best represented by a ______.

A)cube
B)sphere
C)hourglass
D)pyramid

Question 38

Which of the following courts sits at the top of the hierarchy?

A)the Ninth Circuit
B)the Supreme Court
C)the First Circuit
D)Court of Appeals

Question 39

Magistrates may only conduct trials for misdemeanors when ______.

A)the defendant approves
B)the prosecution approves
C)the misdemeanor is Class 1 or 2
D)the magistrate has advanced training in the subject matter at hand

Question 40

A decision that will constitute a legal precedent is referred to as ______.

A)concurring opinion
B)plurality opinion
C)majority opinion
D)dissenting opinion

Question 41

Courts of general jurisdiction are commonly referred to as all of the following except ______.

A)circuit courts
B)district courts
C)courts of common pleas
D)appeals courts

Question 42

The prosecutor presents witnesses who may be cross-examined by the defense.

Question 43

The U.S.Supreme Court eras are typically named after ______.

A)the chief justice of that Court
B)the president(s) in office
C)the Court's political leaning
D)famous cases decided by that Court

Question 44

Justices who favor a judiciary that intervenes to set public policy and to combat social problems are categorized as favoring ______.

A)judicial review
B)judicial restraint
C)judicial activism
D)judicial discretion

Question 45

Judges who believe in contextualism argue ______.

A)that the Constitution is a living document that should be interpreted to meet the needs of society
B)that the context of a crime should be excluded from a criminal trial so as to ensure uniformity
C)that the intent of the framers of the documents should guide our decision-making today
D)that judicial restraint is always favored over judicial activism

Question 46

The federal courts and all 50 state courts require juries to produce unanimous verdicts.

Question 47

Plea bargain negotiations become heated during the pretrial investigation stage.

Question 48

Some U.S.Supreme Court justices have said that even though they personally oppose abortion and would overturn Roe v.Wade if given the opportunity, they would not outlaw abortion but leave that decision up to the states.This point of view is an example of ______.

A)judicial activism
B)judicial authority
C)judicial philosophy
D)judicial restraint

Question 49

The defendant's right to a trial by a jury of his or her peers is absolute.

Question 50

Changing the location is an example of a pretrial motion that is issued by defense attorneys.

Question 51

A decision is made by the State Supreme Court of New York, located in New York City.The precedent established by that court applies to ______.

A)New York City
B)New York state
C)the circuit in which New York is located
D)the entire country

Question 52

The ability granted to police officers, prosecutors, judges, and juries to make independent decisions regarding the social interest in keeping a person in the criminal justice process is known as discretion.

Question 53

It is the responsibility of the chief prosecutor to inform defendants of the charges against them and their rights of silence and council.

Question 54

All of the following are standard methods by which state court judges are selected except ______.

A)partisan popular elections
B)nonpartisan popular elections
C)election by the legislature
D)election by judges

Question 55

In states that lack intermediate appellate courts, appeals are directed to the ______.

A)state supreme courts
B)district courts
C)circuit courts
D)U.S.Supreme Court

Question 56

Which of the following areas of disagreement among Supreme Court justices focuses on the issues concerning states' rights?

A)precedent
B)Bright-line rules
C)federalism
D)consensus

Question 57

It is important that both citizens and defendants alike should view the criminal justice process as fair and equitable.

Question 58

Criminal procedure addresses the procedures involved in the investigation, detection, and prosecution of criminal offenses.

Question 59

At trial, for the vast majority of crimes, the prosecution must prove both criminal action and criminal intent.

Question 60

A criminal trial not held before a jury is known as a/an ______.

A)petty trial
B)statutory trial
C)bench trial
D)unconstitutional trial

Question 61

State constitutions are allowed to remove some of the rights granted by the U.S.Constitution.

Question 62

If there is no precedent, circuit courts of appeals may look to rulings from other courts for advice in the form of persuasive authority.

Question 63

Explain how jurisdiction in the United States resembles a pyramid structure.

Question 64

What are the various types of judicial opinions that can be issued and that establish legal precedent?

Question 65

It is important that precedent be set properly, for once it has been set, it cannot be overturned.

Question 66

Identify the two ways in which a case can reach the Supreme Court.

Question 67

Identify the various areas of disagreement between Supreme Court justices.

Question 68

As a general rule, only defendants, not the prosecution, have the right to appeal a case to a higher court.

Question 69

What is the difference between judicial activism and judicial restraint?

Question 70

Identify the various sources of law.

Question 71

The U.S.Constitution holds that if a case is brought before the U.S.Supreme Court and no precedent is found to guide the Court's decision, it is to look to rulings on the issue from courts in England, Spain, and France.

Question 72

The U.S.Supreme Court has the authority to tell any state how to interpret all matters regarding both the U.S.Constitution and the state's constitution.

Question 73

Give three examples of differences between law in action and law on the books.

Question 74

List and explain some of the objectives of criminal procedure and why they are important.

Question 75

In interpreting the U.S.Constitution, originalist justices are guided by the intent of the framers of the documents.

Question 76

State constitutions are allowed to provide more rights than are granted by the U.S.Constitution.

Question 77

State and describe the various phases of the criminal justice process in chronological order.

Question 78

Define misdemeanor crimes.

Question 79

Most "common crimes," such as murder and robbery, are heard in the federal courts.

Question 80

All cases brought before a circuit court of appeals are heard by three-judge panels, also known as en banc hearings.