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Criminal Law 101: Court Cases

Subject : law
Instructions:
  • Answer 50 questions in 15 minutes.
  • If you are not ready to take this test, you can study here.
  • Match each statement with the correct term.
  • Don't refresh. All questions and answers are randomly picked and ordered every time you load a test.

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. Indigents have the right to a legal counsel during the trial stage; the state will appoint an attorney to the case if the individual cannot afford one






2. 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






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






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






5. 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






6. 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






7. 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






8. 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






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






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






11. 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)






12. 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






13. 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






14. 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






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






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






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






18. No specific cause nor a search warrant is needed to search either open fields or non-habitable buildings (see also Oliver v U.S.)






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






20. 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






21. 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






22. 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






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






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






25. 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






26. 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






27. A stop and frisk search may be performed when there isreasonable suspicion to believe that the offender has violated the law - past tense






28. The death penalty is not being administered equitably






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






30. 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






31. 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






32. 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






33. 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






34. Defendants have no Constitutional right to waive a jury trial






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






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






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






38. Allows the death penalty to be administered as long as the capital sentence is not mandatory - aggravating and mitigating circumstances are considered - and a bifurcated proceeding (i.e. - different judges determine guilt and sentence)






39. Totality of the circumstances test - taken piecemeal - the evidence may not amount to probable cause - but if taken together as a whole the evidence achieves that level - the legal standard of proof for the search has been met






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






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






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






43. 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






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






45. There is no right to a jury trial for juveniles being adjudicated in juvenile court






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






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






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






49. 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






50. 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