exam 1

Question 1

What is the primary trial court in the federal court system?

Answer 1

District court

Question 2

US supreme court has __ members

Answer 2

9

Question 3

If a state makes a final decision to uphold a defendant’s conviction and sentence, what process must they follow to request the Supreme Court to take her case?

Answer 3

Writ of certiorari

Question 4

how many justices on the supreme court have to vote to overturn the state court decision?

Answer 4

5

Question 5

is the concept of judicial review on the consitution?

Answer 5

no

Question 6

The doctrine of ___ allows two jurisdictions to try an individual for the same offense without violating doubt jeopardy

Answer 6

Dual sovereignty

Question 7

Stare decisis

Answer 7

new cases should be decided in a fashion consistent with the law establishing in prior cases

Question 8

If a court has legal authority to hear a case, this means it has what?

Answer 8

Jurisdiction

Question 9

The concept of venue refers to:

Answer 9

the location where the case will be tried

Question 10

The ban on cruel and unusual punishment and excessive fines and bail is found in the ___ amendment

Answer 10

8th

Question 11

The protection against double jeopardy is found in the __ amendment?

Answer 11

5th

Question 12

Frank has been arrested for sexual assault of a 12yo. a neighbor saw him committing the act in the back of his car. the neighbor called police to find him still in the back of the car with the girl. the police apprehended him and took him to the police station where detectives are now gathering all the info to prepare charges.

Which amendment most directly applies to any interrogation by detectives?

Answer 12

14th

Question 13

Frank has been arrested for sexual assault of a 12yo. a neighbor saw him committing the act in the back of his car. the neighbor called police to find him still in the back of the car with the girl. the police apprehended him and took him to the police station where detectives are now gathering all the info to prepare charges.

The police want to search his home for any evidence that may aid in his prosecution. Which amendment applies to any search?

Answer 13

4th

Question 14

Frank has been arrested for sexual assault of a 12yo. a neighbor saw him committing the act in the back of his car. the neighbor called police to find him still in the back of the car with the girl. the police apprehended him and took him to the police station where detectives are now gathering all the info to prepare charges.

Frank wants his attorney present before he will answer any questions. Which amendment applies?

Answer 14

6th

Question 15

The right to confront witnesses is most specifically protected by the ___ amendment

Answer 15

6th

Question 16

The ___ amendment contains an equal protection and due process clause

Answer 16

14th

Question 17

The supreme court has ruled that trustworthy statements obtained in violation of the Miranda rule may be used:

Answer 17

To impeach the credibility of a witness who takes the stand

Question 18

Judicial review is the power of a court to:

Answer 18

Void laws or official acts which are inconsistent with the constitution

Question 19

What clause of the 14th amendment was the vehicle for incorporation of rights against states?

Answer 19

Due process

Question 20

A state has the ability to provide to a suspect ____ rights as those provided by federal laws

Answer 20

more

Question 21

T or F:
The vast majority of arrests are made when LEOs do not have an arrest warrant for a suspect

Answer 21

True

Question 22

T or F:
A person is charged with a crime and is awaiting trial. Even tho s/he has not yet been convicted, states may have mechanisms in place to deny the accused bail to ensure for practical reasons s/he does not commit any additional crimes

Answer 22

True

Question 23

During a preliminary hearing, what is the burden of proof that the prosecution must satisfy for the case to continue forward to the next step in the adjudication process?

Answer 23

Probable cause

Question 24

What is the primary reason for discovery during a trial

Answer 24

To diminish the element of surprise to either side during trial. Prosecution and defense exchange evidence

Question 25

In most jurisdictions, who is in place to hold the chief prosecutor accountable for prosecuting appropriate cases

Answer 25

The judge

Question 26

Is a grand jury a right guaranteed by the consitution?

Answer 26

no

Question 27

What is the burden of proof required when a case goes before a grand jury for the indictment to be endorsed as a true bill?

Answer 27

Probable cause

Question 28

What can one assume if a defendant pleads guilty through an Alford plea?

Answer 28

A guilty plea where defendant maintains their innocence but admits that evidence will result in a guilty verdict.

Defendant maintains his or her rights but enters a formal guilty plea.

Question 29

What is the most compelling form of evidence in a criminal trial?

Answer 29

It depends on the evidence itself

Question 30

T or F:
In most jurisdictions, the state is provided two opportunities to present a closing argument to a jury while the defense only gets one presentation due to the heavier burden placed on the prosecutor to establish guilt

Answer 30

False

Question 31

T or F:
In the event of a hung jury, double jeopardy applies and the defendant may not be retried

Answer 31

False

Question 32

T or F:
In some jurisdictions, a unanimous jury vote is not required, and this has been upheld by the SCOTUS

Answer 32

True

Question 33

Supreme court case which established the reasonableness test and defines probable cause

Answer 33

Brinegar v US

Question 34

For probable cause purposes, information provided by identified, ordinary citizen eyewitnesses or other police officers

Answer 34

is usually presumed reliable

Question 35

Originally, the term “man of reasonable caution” referred to:

Answer 35

ordinary men

Question 36

Which US supreme court held that an anonymous tip supplemented by corroboration by independent police work could establish reasonable suspicion

Answer 36

Alabama v White

Question 37

Officer Jimenez was told by criminal informant Bob that while out drinking with Johnny the night before, Johnny said he had cocaine in his dorm. based on this info, officer Jimenez is going to a magistrate to obtain a search warrant for Johnny’s dorm.

What is the first prong in the Aguillar two prong test that the officer will evaluate?

Answer 37

Reliability of the informant

Question 38

Officer Jimenez was told by criminal informant Bob that while out drinking with Johnny the night before, Johnny said he had cocaine in his dorm. based on this info, officer Jimenez is going to a magistrate to obtain a search warrant for Johnny’s dorm.

When may the officer be required to disclose the identity of criminal informant Bob?

Answer 38

When the informant’s identity is material to guilt or innocence

Question 39

Given that the Aguilar test was modified based on Gates, what was the new standard for probable cause established by an informant’s information?

Answer 39

Totality of the circumstances

Question 40

Search warrant exceptions (ACHIEVO)

Answer 40

Abandoned property
Consent
Hot pursuit (felony cases)
Incident to arrest
Exigent circumstances
Vehicles- bc they are readily mobile
Open fields

Question 41

What is curtilage

Answer 41

The areas around the house that you regularly enjoy; the further out of the curtilage you are, the less reasonable expectation of privacy you have.
-ex; porch, lawn, shed

Question 42

What is a bond?

Answer 42

A guarantee that you will appear in court

Question 43

What serves as a basis for issuing an arrest warrant?

Answer 43

A complaint made before an officer

Question 44

Detaining someone in jail w/o bail w a purpose of preventing them from committing more crimes

Answer 44

preventative detention

Question 45

What is probable cause?

Answer 45

more than bare suspicion