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Criminal Law 101: Court Cases

Subject : law
  • Answer 50 questions in 15 minutes.
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This is a study tool. The 3 wrong answers for each question are randomly chosen from answers to other questions. So, you might find at times the answers obvious, but you will see it re-enforces your understanding as you take the test each time.
1. If probable cause of another offense arises during a routine vehicle/traffic stop - every occupant and every part of the vehicle and its contents - including closed and locked containers in the vehicle - may be searched; search justification arises o

2. Apparent authority doctrine - if consent to search is given by someone who does not have the authority to do so - but the police reasonably believed they did - the evidence is still admissible in court

3. Reasonable suspicion can be used as the basis for investigative searches and seizures in situations involving pre-eminent public interests; specifically - reasonable suspicion is the standard to be used to allow investigatory searches of individuals

4. The death penalty cannot be administered to those who were 17 years of age or under when the offense was committed

5. Bail bond agents may use physical force to capture their bondees who have skipped bail - as long as the force used is reasonably related to the custody and/or transportation of the bondees

6. Police may stop and search a vehicle without a warrant if there is probable cause to believe that the vehicle is carrying individuals or articles that offend the law - and the vehicle is now or is about to be moved

7. Garbage containers outside of the curtilage of the home are considered abandoned and may be searched without a warrant and without cause

8. Evidence seized by reasonably well- trained officers acting in good faith - is admissible - even if the seizure technically violated the law; known as the good faith exemption

9. A stop and frisk search may be conducted when there is reasonable suspicion to believe that an individual is now or is about to engage in criminal behavior

10. Evidence that is unlawfully seized by any official cannot be used in federal court; the exclusionary rule is applied to the federal courts

11. Evidence illegally seized by a federal official cannot be used in federal court

12. Suspects must be informed of their basic rights at the point of arrest - particularly the right to remain silent and the right to have counsel present during any interrogations; confessions must meet the tests of voluntariness and awareness

13. The death penalty is not being administered equitably

14. Plain view doctrine - if the officer is legally present - the offending objects are in plain view - and the incriminating nature is readily apparent - the items may be seized without a warrant

15. Civil forfeitures under RICO are not automatic; they require a separate civil proceeding

16. An investigatory search may be conducted if the totality of the circumstances establishes reasonable suspicion to believe that a person matches the drug courier profile

17. The right to counsel begins at the point of focus

18. An illegally obtained confessions can be used to impeach the defendant's testimony at trial

19. Even when armed with a warrant - the police generally must 'knock and announce' before entering a home

20. Evidence discarded by an individual fleeing from the police is admissible in court - even if the police had no advance cause to focus attention upon the person who discarded the material

21. Made it more difficult for inmates to win unconstitutional conditions of confinement cases; inmates must demonstrate specific unconstitutional conditions of confinement - and specific intent on the part of specific prison officials to maintain those

22. (good faith exemption) evidence seized by reasonably well- trained officers acting in good faith - is admissible - even if the seizure technically violated the law

23. Probationers have the right to an attorney at probation revocation hearings

24. Randomized consent searches of individuals who are on public transportation is acceptable - even though such searches carry some degree of implied coercion and are not truly voluntary; the governing test is whether a reasonable person feels free to d

25. Exclusionary Rule applied to the states - evidence unlawfully seized is inadmissible in court

26. Failure to appear test - bail may be denied if there is probable cause to believe that defendants will fail to appear at future judicial proceedings

27. Specific intent to discriminate against an individual must be demonstrated before that individual's death sentence can be set aside; intent over impact

28. Liability under RICO requires some primary participation in the operation and management of the criminal enterprise

29. A search cannot shock the conscience - and cannot be exploratory

30. Parolees have no right to legal counsel at parole revocation hearings

31. Newly discovered evidence demonstrating the actual innocence of the person sentenced to death does not provide automatic habeas corpus relief

32. Police may conduct brief - scientifically random/systemic - suspicionless searches of motorists at fixed roadside checkpoints

33. Reasonable suspicion is the standard to be used by public school officials to conduct searches on public school grounds of individuals who may be violating either the law or school rules

34. Requests for counsel during the police interrogation stage are offense specific (see also Minnick v Mississippi)

35. Defendants have the right to trial by jury if the potential sentence is more than six months of incarceration (see also Baldwin v New York)

36. Illegally seized evidence can be used to impeach a witness who takes the stand during a trial

37. Once suspects invoke their right to an attorney - officials must cease questioning the suspect until counsel is present

38. A vehicle that has been impounded by police officials can be searched in its entirety; all items found in the vehicle - include closed and locked items - may also searched

39. Defendants are entitled to a limited number of habeas appeals in capital cases

40. If the criminal conduct is the product of government agent creativity/if the government induced the individual to commit a crime that they otherwise would not have committed - the government action would be considered entrapment and the individual wo

41. Inevitable discovery exemption - evidence that was illegallyseized may be used in court if it can be shown that it would have inevitably been discovered

42. The standard proof in a juvenile court adjudication is beyond a reasonable doubt

43. Inmates have the right to an institutional disciplinary hearing - written advance notice of the hearing - to present evidence/witnesses/testify in their own behalf at the hearing - and a formal ruling is to be placed in their file

44. The 2nd Amendment protects the right of individuals to possess a firearm for personal use; specifically - there is a constitutional right to keep a handgun in the home for self defense

45. Dangerousness test - bail may be denied if there is clear and convincing evidence that defendant are dangerous and pose a threat to the community at large and the court participants in particular

46. Capital punishment is not a suitable penalty for mentally retarded defendants; such a penalty is excessive - when involving mentally retarded defendants

47. Officers may search the suspect and the adjoining space region incident to a lawful arrest; if there is reasonable suspicion to believe that there is hidden danger present - officers may conduct a protective sweep of the area - but it is only to be a

48. The erroneous admission of a coerced confession at trial does not constitute grounds for an automatic mistrial; in some cases - an involuntary confession can be taken and legally admitted as evidence; the totality of the circumstances is to be consid

49. Assets forfeited under RICO are limited to those that were gained from and/or used in the criminal enterprise

50. Plea bargaining is legal as long as an attorney is present to protect the defendant's rights - the plea is voluntarily made - and the defendant has a full knowledge of the consequences