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Test your basic knowledge |
Criminal Law 101: Court Cases
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Study First
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. Capital punishment is not a suitable penalty for mentally retarded defendants; such a penalty is excessive - when involving mentally retarded defendants
CARROLL v U.S
ESCOBEDO v ILLINOIS...
WILSON v SEITER...
ATKINS v VIRGINIA...
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
HERRERA v COLLINS...
U.S. v HAVENS
U.S. v ROSS
CARROLL v U.S
3. 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
U.S. v HAVENS
ARIZONA v FULMINANTE
U.S. v SALERNO
SHERMAN v U.S....
4. 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
IN RE GAULT...
ROCHIN v CALIFORNIA
U.S. v LEON
NEW JERSEY v TLO
5. 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
U.S. v SALERNO
ROCHIN v CALIFORNIA
U.S. v SOKOLOW
ROPER v SIMMONS...
6. 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
COLORADO v BERTINE
U.S. v JAMES DANIEL GOOD
TAYLOR v TAINTOR
GIDEON v WAINWRIGHT...
7. The standard proof in a juvenile court adjudication is beyond a reasonable doubt
ROPER v SIMMONS...
COLORADO v BERTINE
IN RE WINSHIP...
BRADY v U.S
8. 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
FLORIDA v BOSTICK
FURMAN v GEORGIA...
FLORIDA v ROYER
ILLINOIS v RODRIGUEZ
9. Defendants are entitled to a limited number of habeas appeals in capital cases
ILLINOIS v RODRIGUEZ
U.S. v LEON
McCLESKEY v ZANT...
ILLINOIS v GATES
10. Even when armed with a warrant - the police generally must 'knock and announce' before entering a home
U.S. v JAMES DANIEL GOOD
McCLESKEY v KEMP...
WILSON v ARKANSAS
CALIFORNIA v GREENWOOD
11. Parolees have no right to legal counsel at parole revocation hearings
U.S. v HAVENS
SINGER v U.S
U.S. v SALERNO
MORRISSEY v BREWER...
12. 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)
McCLESKEY v ZANT...
McKEIVER v PENNSYLVANIA...
DUNCAN v LOUISIANA
HERRERA v COLLINS...
13. A stop and frisk search may be performed when there isreasonable suspicion to believe that the offender has violated the law - past tense
WEEKS v U.S
IN RE WINSHIP...
ILLINOIS v RODRIGUEZ
U.S. v HENSLEY
14. A search cannot shock the conscience - and cannot be exploratory
ATKINS v VIRGINIA...
SINGER v U.S
ROCHIN v CALIFORNIA
U.S. v LEON
15. Evidence illegally seized by a federal official cannot be used in federal court
U.S. v SALERNO
U.S. v 92 BUENA VISTA AVENUE
WEEKS v U.S
GIDEON v WAINWRIGHT...
16. 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
HERRERA v COLLINS...
SHERMAN v U.S....
HARRIS v U.S.
ILLINOIS v RODRIGUEZ
17. Specific intent to discriminate against an individual must be demonstrated before that individual's death sentence can be set aside; intent over impact
MAPP v OHIO
FURMAN v GEORGIA...
McCLESKEY v KEMP...
REVES v ERNST AND YOUNG
18. Juvenile court proceedings must possess the elements of basic fundamental fairness; juveniles have the right to a proper hearing - to have an advance notification of that hearing and its purpose - the right to be present at the hearing - the right to
ROPER v SIMMONS...
IN RE GAULT...
U.S. v SALERNO
NEW JERSEY v TLO
19. Requests for counsel during the police interrogation stage are offense specific (see also Minnick v Mississippi)
STACK v BOYLE
CARROLL v U.S
McNEIL v WISCONSIN...
SINGER v U.S
20. 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
FLORIDA v ROYER
HERRERA v COLLINS...
GAGNON v SCARPELLI...
U.S. v LEON
21. Probationers have the right to an attorney at probation revocation hearings
WILSON v ARKANSAS
GAGNON v SCARPELLI...
MINNICK v MISSISSIPPI...
GIDEON v WAINWRIGHT...
22. 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
FURMAN v GEORGIA...
IN RE GAULT...
MORRISSEY v BREWER...
ILLINOIS v RODRIGUEZ
23. Once suspects invoke their right to an attorney - officials must cease questioning the suspect until counsel is present
TERRY v OHIO
ARIZONA v FULMINANTE
MICHIGAN v HARVEY...
MINNICK v MISSISSIPPI...
24. The right to counsel begins at the point of focus
ESCOBEDO v ILLINOIS...
U.S. v SOKOLOW
SHERMAN v U.S....
HERRERA v COLLINS...
25. Exclusionary Rule applied to the states - evidence unlawfully seized is inadmissible in court
ARIZONA v FULMINANTE
MAPP v OHIO
STACK v BOYLE
U.S. v LEON
26. Police may conduct brief - scientifically random/systemic - suspicionless searches of motorists at fixed roadside checkpoints
FLORIDA v BOSTICK
HARRIS v U.S.
DELAWARE v PROUSE
SHERMAN v U.S....
27. 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
U.S. v HENSLEY
U.S. v 92 BUENA VISTA AVENUE
NEW JERSEY v TLO
U.S. v LEON
28. Illegally seized evidence can be used to impeach a witness who takes the stand during a trial
U.S. v HAVENS
IN RE GAULT...
U.S. v ROSS
SHERMAN v U.S....
29. (good faith exemption) evidence seized by reasonably well- trained officers acting in good faith - is admissible - even if the seizure technically violated the law
ROPER v SIMMONS...
MASSACHUSETTS v SHEPPARD
McNEIL v WISCONSIN...
McCLESKEY v KEMP...
30. 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
MARYLAND v BUIE
WEEKS v U.S
DUNCAN v LOUISIANA
ILLINOIS v GATES
31. Newly discovered evidence demonstrating the actual innocence of the person sentenced to death does not provide automatic habeas corpus relief
ILLINOIS v GATES
WEEKS v U.S
HERRERA v COLLINS...
MORRISSEY v BREWER...
32. 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
STACK v BOYLE
ELKINS v U.S
WOLFF v McDONNELL...
NEW JERSEY v TLO
33. Liability under RICO requires some primary participation in the operation and management of the criminal enterprise
MINNICK v MISSISSIPPI...
REVES v ERNST AND YOUNG
BRADY v U.S
COLORADO v BERTINE
34. 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)
CALIFORNIA v GREENWOOD
U.S. v DUNN
GREGG v GEORGIA...
MORRISSEY v BREWER...
35. 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
BRADY v U.S
GIDEON v WAINWRIGHT...
ELKINS v U.S
WOLFF v McDONNELL...
36. The death penalty cannot be administered to those who were 17 years of age or under when the offense was committed
ARIZONA v FULMINANTE
ROPER v SIMMONS...
TERRY v OHIO
U.S. v LEON
37. No specific cause nor a search warrant is needed to search either open fields or non-habitable buildings (see also Oliver v U.S.)
D.C. v HELLER
GAGNON v SCARPELLI...
U.S. v DUNN
IN RE WINSHIP...
38. 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
SHERMAN v U.S....
TERRY v OHIO
WEEKS v U.S
GIDEON v WAINWRIGHT...
39. 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
SHERMAN v U.S....
GAGNON v SCARPELLI...
NEW JERSEY v TLO
U.S. v HENSLEY
40. 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
U.S. v HAVENS
HERRERA v COLLINS...
CALIFORNIA v HODARI D
WILSON v SEITER...
41. Civil forfeitures under RICO are not automatic; they require a separate civil proceeding
GIDEON v WAINWRIGHT...
MASSACHUSETTS v SHEPPARD
U.S. v JAMES DANIEL GOOD
GAGNON v SCARPELLI...
42. Evidence that is unlawfully seized by any official cannot be used in federal court; the exclusionary rule is applied to the federal courts
NEW JERSEY v TLO
GIDEON v WAINWRIGHT...
STACK v BOYLE
ELKINS v U.S
43. Inevitable discovery exemption - evidence that was illegallyseized may be used in court if it can be shown that it would have inevitably been discovered
ILLINOIS v GATES
NEW JERSEY v TLO
NIX v WILLIAMS
ESCOBEDO v ILLINOIS...
44. There is no right to a jury trial for juveniles being adjudicated in juvenile court
ROCHIN v CALIFORNIA
McKEIVER v PENNSYLVANIA...
FLORIDA v BOSTICK
ILLINOIS v RODRIGUEZ
45. 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
FURMAN v GEORGIA...
McKEIVER v PENNSYLVANIA...
ESCOBEDO v ILLINOIS...
TAYLOR v TAINTOR
46. 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
GREGG v GEORGIA...
CARROLL v U.S
MIRANDA v ARIZONA...
BRADY v U.S
47. Defendants have no Constitutional right to waive a jury trial
SINGER v U.S
MICHIGAN v HARVEY...
NEW JERSEY v TLO
GAGNON v SCARPELLI...
48. An illegally obtained confessions can be used to impeach the defendant's testimony at trial
NEW JERSEY v TLO
CALIFORNIA v GREENWOOD
WILSON v ARKANSAS
MICHIGAN v HARVEY...
49. 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
WEEKS v U.S
ARIZONA v FULMINANTE
NIX v WILLIAMS
MINNICK v MISSISSIPPI...
50. The death penalty is not being administered equitably
MARYLAND v BUIE
FURMAN v GEORGIA...
GREGG v GEORGIA...
U.S. v SALERNO