Deck 2: Criminal Courts, Pretrial Processes, and the Exclusionary Rule

Question 1

The exclusionary rule _____.

A) does not exclude evidence that could have been later obtained from an independent source
B) automatically excludes all evidence seized in violation of the U.S. Constitution
C) applies only to federal criminal trials, but not state trials
D) is a rule that is explicitly stated in the Fourth Amendment

Answer 1

A

Question 2

Which term best defines the particular county or geographical area in which a court with jurisdiction may hear and determine a case?

A) first notice
B) venue
C) arraignment
D) geographic subdivisions

Answer 2

B

Question 3

The main purpose of the arraignment is to _____.

A) indict the defendant
B) accept a plea from the accused
C) set bail for the accused
D) determine probable cause

Answer 3

B

Question 4

A court with only appellate jurisdiction has the authority to _____.

A) retry a case
B) review the evidence to determine facts
C) review the legal issues of a case
D) review only plain error

Question 5

The purpose of the preliminary hearing is to _____.

A) try the defendant
B) accept the defendant's plea
C) determine the existence of probable cause
D) make a judgment on motions to suppress evidence

Question 6

Which statement about plea bargaining is true?

A) A plea agreement is not a contract.
B) If the defendant breaches a plea agreement, the prosecution can pursue charges, but cannot pursue more serious charges than originally planned.
C) Very few cases are resolved through plea bargaining.
D) If the prosecution breaches a plea agreement, the defendant may be allowed to withdraw a guilty plea.

Question 7

A court which can try any type of case has _____.

A) limited jurisdiction
B) appellate jurisdiction
C) general jurisdiction
D) certiorari

Question 8

When a defendant stands mute, a plea of _____ is entered on his or her behalf.

A) not guilty
B) guilty
C) nolo contendere
D) innocent

Question 9

The exclusionary rule _____.

A) applies to evidence seized by both the police and private citizens
B) was designed to deter police misconduct
C) is a rule that is explicitly stated in the Fourth Amendment
D) has always applied to both state and federal criminal proceedings

Question 10

What limitation is placed on a prosecutor's discretion to file charges and to make a determination about what offense to charge?

A) The prosecutor must have an established record of making the same decision in substantively similar cases.
B) The prosecutor must have probable cause to believe the defendant committed the charged offense.
C) The evidence relied on by the prosecution must not be based entirely upon circumstantial evidence.
D) The prosecutor must have reasonable suspicion to believe the defendant committed the charged offense.

Question 11

Evidence that may be favorable to the defendant at trial by tending to cast doubt on the defendant's guilt is called _____.

A) error-prone evidence
B) circumstantial evidence
C) exculpatory evidence
D) impeachment material

Question 12

In order of authority from lowest to highest, the structure of the federal court system is _____.

A) US Court of Appeals, US District Court, US Supreme Court
B) US District Court, US Superior Court, US Supreme Court
C) US Circuit Court, US District Court, US Supreme Court
D) US District Court, US Court of Appeals, US Supreme Court

Question 13

When the United States Supreme Court grants a writ of certiorari, this means that the Court is _____.

A) taking original jurisdiction over the case
B) obligated to review the case
C) willing to review a case decided by a lower court
D) willing to retry the case

Question 14

What rule of law requires exclusion of tainted evidence even if it is relevant?

A) the exclusionary rule
B) good faith exception
C) attenuation doctrine
D) probable cause

Question 15

The defendant's plea is requested at the _____.

A) indictment
B) preliminary hearing
C) initial appearance
D) arraignment

Question 16

A court's authority to hold a trial is its _____.

A) venire
B) original jurisdiction
C) appellate jurisdiction
D) venue

Question 17

Prosecution is commonly termed _____ when a prosecutor increases the number or severity of charges to penalize a defendant who exercises constitutional or statutory rights.

A) vindictive
B) selective
C) righteous
D) malicious

Question 18

A(n) _____ can be issued without demonstrating probable cause.

A) indictment
B) prosecutor's information
C) true bill
D) subpoena

Question 19

Circumstantial evidence _____.

A) indirectly infers a fact at issue
B) directly establishes a fact at issue
C) can be physical, tangible evidence, but not testimonial evidence
D) can be testimonial evidence, but not physical, tangible evidence

Question 20

Competency to stand trial _____.

A) must be determined before an individual can be arraigned
B) may be raised at any point during the trial but before a verdict is rendered
C) must be raised prior to any evidence being hears
D) may be raised at any point of the proceedings, including after conviction

Question 21

Based on the concept of "new federalism," _____.

A) the federal law is always given authority over state law, even if the state law grants more freedoms and liberties to the individual
B) the state law is always given authority over federal law, regardless of which law grants more freedoms and liberties
C) the federal law is given authority over state law, unless the state law grants more freedoms and liberties to the individual
D) federal law is given authority over state law, unless the state law grants additional authority to the state government that is not recognized by the U.S. Constitution

Question 22

The exclusionary rule applies to all errors stemming from police negligence in maintaining warrant databases.

Question 23

DNA evidence is, in all instances, direct evidence.

Question 24

The exclusionary rule will not be invoked in instances where a police officer acts in good faith in following what he or she believes to be the law.

Question 25

The judicial process in the United States does not require proof to an absolute certainty in any phase of proceedings.

Question 26

In felony cases, the purpose of the initial appearance is to accept the defendant's plea.

Question 27

The purpose of the grand jury is to reach a verdict in a criminal case.

Question 28

To challenge the admissibility of evidence, a defendant must ______.

A) have legal representation because only lawyers can make challenges
B) have exhausted all appeals because challenges can only be made in appeals
C) have standing, which refers to the ability to raise a legal claim
D) get permission from the prosecution which must be in writing

Question 29

The exclusionary rule requires that _____

A) unambiguous evidence of prosecutorial misconduct be presented
B) demonstration that the evidence was maliciously obtained
C) the prosecutor be willing to stipulate the evidence was illegally obtained
D) the defendant's Fourth, Fifth, or Sixth Amendment rights have been violated

Question 30

If a criminal suspect is arrested without a warrant, the complaint serves as the charging document.

Question 31

Police interrogate a suspect who tells police where a stash of illegal drugs is hidden which are then seized by the police. The drugs are best classified as _____.

A) primary evidence
B) derivative evidence
C) circumstantial evidence
D) fruit of the poisonous tree

Question 32

Competency to stand trial can be raised at any point in the criminal process, even after a conviction.

Question 33

What rule of law can potentially work to admit illegally obtained evidence that might otherwise be excludable?

A) fruit of the poisonous tree doctrine
B) preponderance of evidence
C) probable cause
D) good faith exception

Question 34

The U.S. Supreme Court has not adopted a specific definition for the "beyond a reasonable doubt" standard.

Question 35

The U.S. Supreme Court ruled in Connick v. Thompson (2011) that a local municipality is not liable for a Brady violation unless _____.

A) the prosecutor knowingly violated office policy
B) the District Attorney's Office knowingly drafted a policy that violated Brady
C) there the individual defendant was clearly damaged in some way
D) there was a pattern of violations

Question 36

Although civil lawsuits against state agents are one alternative to the exclusionary rule, _____.

A) civil lawsuits can only be filed by members of certain protected classes
B) police and other agents of the state are able to claim absolute immunity
C) police and other agents of the state are able to claim qualified immunity
D) police and other agents of the state are able to claim transactional immunity

Question 37

A plea of nolo contendere is an admission of guilt, but cannot be used against the defendant in a civil action.

Question 38

Police with probable cause to believe that a warehouse contains marijuana unlawfully enter the warehouse and observe marijuana. The officers leave and obtain a search warrant using their original probable cause, not their unlawful observations. The best chance for the prosecutor to have the evidence be admissible would be under which exception?

A) the attenuation exception
B) the independent source exception
C) the inevitable discovery exception
D) the good faith exception

Question 39

A patrol officer is chasing a suspect fleeing from an armed robbery in which the suspect fired a pistol. The suspect flees into his own home, where the officer enters and arrests the suspect. An immediate search of the suspect reveals an empty shoulder holster. Without advice of rights, the officer asks the suspect the whereabouts of the gun. The suspect states that he threw it into the trash bin as he ran through the house. The weapon is found. The _____ exception would probably form the most effective legal argument to make the gun admissible at trial.

A) derivative evidence
B) good faith
C) inevitable discovery
D) attenuation

Question 40

Which statement most accurately describes the "inevitable discovery" exception to the exclusionary rule?

A) If the government can show that the discovery of the tainted evidence was inevitable, the evidence will be admissible, even though it was initially illegally obtained.
B) If the defense can show that the evidence was obtained in violation of the Constitution, that evidence is not admissible, even though the contested evidence would have been discovered by lawful means in the absence of police misconduct.
C) The exclusionary rule does not apply if the officer made an illegal search but later obtained a search warrant that particularly described the evidence seized.
D) If the inevitable discovery exception is to apply as an exception to the exclusionary rule, the government must show beyond a reasonable doubt that the contested evidence would have been discovered by lawful means.

Question 41

The location of the court is referred to as the ______________.

Question 42

What is derivative evidence? Provide an example.

Question 43

Outline the stages of the criminal justice system, from arrest through arraignment, as they would normally occur.

Question 44

Explain what is meant by the term "demonstrative evidence."

Question 45

The main purpose of ______________ is to accept the defendant's plea.

Question 46

An affidavit can be described as a ______________.

Question 47

What is the meaning of the term "new federalism"? Provide an example of "new federalism" in action.

Question 48

Draw a schematic diagram comparing the federal court system to your state's system. Describe the differences in the diagram of your state system against the text's diagram of the federal court system.

Question 49

The lowest level of criminal court in the federal system is the ______________.

Question 50

Detail the exceptions to the exclusionary rule and provide an example of each.

Question 51

Identify and describe the lowest level of criminal court in your state's system and describe the types of cases the court typically handles.

Question 52

Criminal process against a felony defendant begins formally with the filing of a ______________.

Question 53

To challenge the admissibility of evidence and potentially have evidence excluded at trial, a defendant must first have ______________-the ability to raise a legal claim.

Question 54

A(n) ______________ is issued to a person accused of a crime to compel attendance at a criminal proceeding to answer to charges.

Question 55

Explain the notions of burden of persuasion and burden of production.

Question 56

Information not contained in the body of the complaint, or that comes from witnesses other than the complainant, may be brought to the court's attention in the form of a(n) ______________.

Question 57

The prosecutor's failure to disclose evidence which would show the defendant to be not guilty is a violation of the ______________.

Question 58

Compare and contrast direct evidence and circumstantial evidence. Provide an illustration of how a single piece of evidence can be direct evidence in one instance and circumstantial evidence in another instance.

Question 59

Highlight the difference between venue and jurisdiction.

Question 60

The primary duty of the ______________ is to receive complaints in criminal cases, hear the evidence put forth by the state, and return an indictment when a majority of the grand jury is satisfied that there is probable cause that the defendant has committed an offense.