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Criminal Procedure

Study Cards for Final Exam

Question	Answer
Like most constitutional democracies, the justice system in the United States continually experiences a tension between the need to ________ and the need to ________.	respect individual rights; maintain public order
The only crime defined in the United States Constitution is:	Treason
The ________ provides that no law is constitutional if it "prohibits the free exercise" of religion.	Free Exercise Clause
Which of the following is most consistent with the principles of the Crime Control Model	confidence in the police and prosecutors' judgments
Freedom from double jeopardy is guaranteed by the	Fifth Amendment
A "due process" clause is found in which amendments?	Fifth and Fourteenth
The right to a speedy and public trial is part of which Amendment?	Sixth
Cruel and unusual punishment is forbidden by which Amendment?	Eighth
Which Amendment has been used to make many of the provisions of the Bill of Rights applicable to the states?	Fourteenth
Which of the following is not considered a fundamental right?	Right to a grand jury indictment.
T or F. The constitution as originally proposed to the States in 1787 contained the Bill of Rights.	False
T or F. All ex post facto laws are retroactive.	False
T or F. The main purpose of the original Constitution was to establish individual liberties and freedoms.	False
T or F. The Sixth Amendment provides a right to be represented by counsel in all criminal prosecutions that may result in imprisonment.	True
T or F. Article III of the Constitution establishes the US Supreme Court as the highest judicial body in the United States and specifies the Court's original and appellate jurisdiction.	True
Rules and regulations set forth by a government agency that is empowered through statutory law to make such rules are considered _________________.	Administrative Law
The _____________ branch of government creates most of the law of criminal procedure.	Judicial
The Supreme Court of the 1960s made policing the police, as well as state courts, a distinctly federal concern. Today, we refer to this shift in policy as the ___________ of the 1960s.	Due Process Revolution
The power of the government to acquire private property is called ____________.	Eminent Domain
___________ is violated if a practice or rule "offends some principle of justice so rooted in the traditions and conscience of our people as to be ranked as fundamental."	Due Process
The only document on the following list which is not based on probable cause is: (indictment, prsecutor's information, a true bill, a subpoena)	A subpoena
What is the limitation that exists on a prosecutor's discretion to file charges and to make a determination about what offense to charge?	The prosecutor must have probable cause to believe the defendant committed the charged offense.
The purpose of a preliminary hearing is:	to determine the existence of probable cause.
The exclusionary rule requires	requires that if police unconstitutionally seize evidence, it not be used in a criminal prosecution against the person whose rights were violated.
The exclusionary rule does not	does not require the exclusion of other evidence that is not connected to the tainted evidence.
Police with probable cause to believe that a warehouse contains marijuana unlawfully enter the warehouse and observe marijuana. The officers leave and obtain a search warrant using their original probable cause, not their unlawful observations. Use?	The independent source exception
To invoke the exclusionary rule to challenge the admissibility of evidence, the defendant must have standing, therefore	the defendant's right to privacy must have been violated
The 5th Cir. Appeals established a totality of circumstances test that has been endorsed and applied by other courts in cases that followed. The test is applied to assess probable cause based on informant information. Which is not among factors considered	whether the informant information is firsthand or secondhand
Which of the following concepts is so important that it has been referred to as the "touchstone" of the Fourth Amendment?	Reasonableness
Which of the following is the best characterization of the US Supreme Court's current view toward Aguilar-Spinelli two-prong criteria?	The criteria are a good reference point for analyzing probable cause based on informant information, but the applicability to all cases is limited.
T or F. In felony cases, the purpose of the initial appearance is to accept the defendant's plea.	False
T or F. The US Supreme Court has not adopted a specific definition for the beyond a reasonable doubt standard.	True
T or F. A "search" occurs when an expectation of privacy that society is prepared to recognize is infringed.	True
T or F. The US Supreme Court has a strong preference that arrests and searches be authorized by a warrant.	True
T or F. A criminal informant's credibility (veracity/truthfulness) must always be established by a statement of underlying facts or circumstances.	True
The prosecutor's failure to disclose evidence which would show the defendant to be not guilty is a violation of the _____________.	Brady Rule
A ___________ is issued to a person accused of a crime to compel attendance at a criminal proceeding to answer to charges.	Summons
A seizure of property occurs when there is some __________ with an individual's possessory interests in that property.	meaningful inference
Probable cause is evaluated by examining the ____ in the possession of the police at the time of arrest or search, not merely the personal knowledge of the arresting or searching officer	collective knowledge
Third party information is often referred to as _________.	Hearsay
The neutral and detached requirement for the issuing authority means that the issuer	must not have anything to gain or lose in the outcome
Probable cause must be based on	Facts
After knocking and announcing their presence and purpose and waiting for a few moments, officers executing a search warrant for stolen property hear no sound. The officers	may break in without further process.
Officers about to execute a search warrant for narcotics in a dwelling	must follow knock and announce requirements.
Officers have a warrant authorizing search for narcotics allegedly being sold in a tavern. When they execute the warrant, there is a bartender and eighteen customers.	Officers may, without more, search the premises for drugs, but need specific probable cause for each person they want to search for drugs, and specific articulable suspicion of danger to frisk for weapons
Officers have a warrant to search a dwelling for 3 shotguns stolen in a burglary of a gun store. In executing the warrant they discover many other firearms not described on the warrant some of which they recognize as having been taken. Officers	may seize the shotguns described on the warrant and the other firearms they recognize as stolen, but may not examine or seize the other firearms.
Which of the following is not a limitation that some courts impose on applications for search warrants for electronically stored information?	Limitations on how forensic evidence can be used in court
A transfer containing the human voice at any point between and including the point of origin and the point of reception is called	aural transfer
The Foreign Intelligence Surveillance Act (FISA) authorizes courts to conduct _______ of surveillance materials.	Closed review
The _________ showing required for electronic surveillance is the same as that required by the Fourth amendment for a search warrant.	probable cause
T or F. The number of hours a search lasted is a major factor used to determine the reasonableness of the duration of a search.	False
T or F. The freshness of information forming the basis for probable cause is more important in applications for search warrants than for arrest warrants	True
T or F. A search warrant commands that the officer bring any seized property before the judicial authority named in the warrant.	True
T or F. If a portion of a warrant is deficient with respect to the probable cause and particularity requirements then the entire warrant will be judged to be constitutionally invalid	False
T or F. If a conversation takes place in public where other parties can overhear, there is no reasonable expectation of privacy. However, any recording would violate Title III.	False
A ______ is used to allow a criminal suspect to challenge the sufficiency of the information upon which an affidavit supporting a warrant is based.	Franks hearing
A _______ search allows items discovered during the execution of a covert entry warrant to be seized if there is a "reasonable necessity for the seizure".	Sneak and Steal
Even though the search warrant on its face is still valid, the executing officer must nevertheless determine if the probable cause __________ before beginning the search.	has become stale
The person swearing-out an affidavit is referred to as the __________.	Affiant
An __________ is defined as "..a transfer containing the human voice at any point between and including the point of origin and the point of reception."	Aural Transfer

Created by: sherigray1975

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