Deck 8: The Law of Criminal Procedure

Question 1

In Dhiab v. Obama , the court

A) found that public information is inextricably intertwined with classified and protected information, thus necessitating complete closure of the hearing.
B) found that Dhiab should be released because he was declared eligible in 2009 .
C) granted the government's request to completely close the entire preliminary injunction hearing to the public.
D) denied the government's request to completely close the entire preliminary injunction hearing to the public.

Answer 1

D

Question 2

The Gideon v. Wainwright case dealt with

A) the right to an impartial jury.
B) excessive bail.
C) assistance of counsel.
D) cruel and unusual punishment.

Answer 2

C

Question 3

A _______ is a pretrial motion that tests the applicability of the exclusionary rule to circumstances of the case.

A) motion to withdraw
B) motion in limine
C) motion to suppress
D) demurrer

Answer 3

C

Question 4

Which of the following is not a Miranda right?

A) Right to remain silent
B) Right to have attorney present during questioning
C) Right to subpoena witnesses
D) Right to an appointed attorney

Question 5

The purpose of bail is

A) to punish the accused.
B) rehabilitation.
C) to ensure appearance of the defendant at trial.
D) to indict.

Question 6

An ex post facto law is a law that

A) requires a speedy trial.
B) operates retroactively.
C) is mandatory for due process.
D) prevents a person from being tried twice for the same crime.

Question 7

What happens at arraignment?

A) The defendant enters a plea.
B) Bail is set.
C) Probable cause is determined.
D) A writ of habeas corpus is filed.

Question 8

A(n) _______ is a written accusation by the grand jury charging the accused with a criminal act.

A) warrant
B) writ of habeas corpus
C) affirmation
D) indictment

Question 9

_______ refers to the power of the defendant in a criminal case to force a witness to attend trial under a subpoena issued by the court.

A) Compulsory process
B) Bill of attainder
C) Speedy trial rule
D) Exclusionary rule

Question 10

What happens at the preliminary hearing?

A) The accused is informed of charges and legal rights.
B) The accused is released or bound over for grand jury.
C) Bail is set.
D) Motions for discovery are filed.

Question 11

The purpose of a writ of _______ is to challenge the lawfulness of a detention by the government.

A) mandamus
B) habeas corpus
C) certiorari
D) prohibition

Question 12

In a criminal trial, the _______ has the burden of proof.

A) defendant
B) prosecutor
C) judge
D) jury

Question 13

In the processing of a crime, which of the following is the first to occur?

A) Arraignment
B) Indictment
C) Acquittal
D) Preliminary hearing

Question 14

A(n) _______ law is a penal law that operates retroactively.

A) ex post facto
B) bill of attainder
C) retributive
D) rehabilitative

Question 15

Miranda v. Arizona is applied to the states through

A) the common law.
B) the Ninth Amendment.
C) the Fourteenth Amendment.
D) mandamus.

Question 16

If an attorney has a client accused of murder, the attorney must disclose which of the following even though told to the attorney by the client in confidence?

A) The location of hidden bodies of persons the client has admitted to killing in a prior incident, but the attorney may not disclose the source of the information
B) Fantasies the client has about killing his wife
C) A convenience store robbery the client is planning in order to pay his legal fees
D) An admission of guilt by the client that was not prompted by the attorney

Question 17

At arraignment, the defendant

A) is sentenced.
B) is indicted.
C) makes a plea.
D) is prosecuted.

Question 18

Which of the following rules applies to criminal cases but not civil cases?

A) Hearsay rule
B) Best evidence rule
C) Exclusionary rule
D) Plain meaning

Question 19

In Griffin v. California (dealing with the privilege against self-incrimination), the U.S. Supreme Court held that

A) Griffin's conviction should be upheld because he did not testify at trial.
B) the prosecution could not comment on Griffin's silence during the trial.
C) the prosecution could comment on the defendant's silence during the trial.
D) the prosecution could not comment on the defendant's silence during trial but the judge could instruct the jury that the defendant's silence is evidence of guilt.

Question 20

The _______ can be filed before or after arrest.

A) complaint
B) true bill
C) warrant
D) bail bond

Question 21

In State ex rel. Thompson v. Pomponio , the court

A) found that the former county prosecuting attorney should be disciplined for drafting Thompson's plea agreement, which was ambiguous and deficient in its construction.
B) found that Thompson's plea agreement violated his constitutional rights.
C) denied Thompson's writ of prohibition to prevent his prosecution on charges of breaking and entering because the plea agreement was unenforceable.
D) granted Thompson's writ of prohibition to prevent his prosecution on charges of breaking and entering, charges previously dismissed pursuant to a court-approved plea agreement.

Question 22

In People v. Perez, the court held that

A) Perez was guilty of direct, rather than indirect, criminal contempt.
B) the judge should be disciplined for taking out what she saw as disrespect on an innocent bystander.
C) the evidence was sufficient to support the court's finding of indirect criminal contempt.
D) viewing the evidence in the light most favorable to the state after considering the multiple ways a respondent may commit indirect criminal contempt, the state's evidence did not establish that Perez was guilty of indirect criminal contempt beyond a reasonable doubt.

Question 23

_______ prevents a person from being tried twice for the same crime in the same jurisdiction.

A) Double jeopardy
B) Compulsory process
C) Ex post facto
D) Eighth Amendment

Question 24

When a search warrant proves to be defective, items seized under the authority of the warrant

A) must be suppressed under the exclusionary rule.
B) may not be suppressed if the defect is not attributable to the police.
C) may only be admitted into evidence if the jury is informed of the nature of the defect in the warrant.
D) will only be admitted into evidence in a bench trial.

Question 25

The appellate test of fact finding in criminal law is

A) whether the error was clearly erroneous.
B) whether no trier of fact could have found proof beyond a reasonable doubt.
C) absence of substantial evidence.
D) preponderance of the evidence.

Question 26

In State v. Miller , the court held that

A) the trial judge's denial of the requested adjournment was not an abuse of his broad discretion and did not violate the defendant's constitutional right to effective representation.
B) Miller's right to be represented entailed the right to a public defender of his choice.
C) Miller's conviction should be reversed because the trial judge failed to accommodate a reasonable request for a brief delay so as to permit Miller an opportunity to confer with newly assigned counsel.
D) this was a rare case in which the doctrine of fundamental fairness mandated reversal of the defendant's conviction.

Question 27

In United States v. Cleveland , the court held that

A) women sitting on the steps of the Lincoln Memorial have a reasonable expectation of privacy, such that an individual intentionally capturing close-up photos of such an image can be engaged in the crime of voyeurism.
B) images recovered from Cleveland's memory card established Mr. Cleveland's guilt on two counts of attempted voyeurism.
C) Cleveland's actions as observed by the park police on June 19, 2013, did provide a sufficient legal basis for the officers to initiate a nonconsensual stop or to place Mr. Cleveland under arrest.
D) Cleveland's actions as observed by the park police on June 19, 2013, did not provide a sufficient legal basis for the officers to initiate a nonconsensual stop or to place Mr. Cleveland under arrest.

Question 28

In Sessoms v. Grounds , the court held that

A) because Sessoms's response to the officers was a question, his desire for an attorney was ambiguous and unclear.
B) a suspect must clearly state any request for an attorney, which Sessoms failed to do.
C) Sessoms did not articulate his desire to have counsel present sufficiently clearly that a reasonable police officer in the circumstances would understand the statement to be a request for an attorney.
D) under the circumstances, a reasonable law enforcement officer would have understood Sessoms's statements as an unambiguous request for counsel, which should have cut off any further questioning under clear Supreme Court precedent.

Question 29

A trial for driving under the influence (DUI)

A) invokes the U.S. Constitution's right to a jury trial because it is a criminal action.
B) may not require a right to a jury trial if the penalty makes it a "petty offense."
C) does not raise the U.S. Constitution's right to a jury because the Sixth Amendment only applies to federal prosecutions.
D) must be tried before a jury.