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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. 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






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. 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






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






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






6. 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






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






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






9. 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)






10. 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






11. 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






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)






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






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






15. 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






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






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






18. 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






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






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






21. 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






22. 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






23. 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






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






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






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






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






28. 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






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






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






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






32. 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






33. 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






34. The death penalty is not being administered equitably






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






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






37. 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






38. 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






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






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






41. 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






42. 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






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






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






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






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






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






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






49. 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






50. 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