Chapter 12
The Supreme Court case Tennessee v. Garner (1985) primarily set a constitutional limit on which aspect of the investigative phase?
A. Warrantless vehicle searches
B. The use of deadly force by police
C. The definition of a "custodial interrogation"
D. The scope of the exclusionary rule
B. The use of deadly force by police
What is the primary purpose of setting bail for a defendant?
A. To assure the court that the defendant will return for the scheduled trial and court dates.
B. To fund the public defense attorney's fees.
C. To punish the defendant for the alleged crime prior to trial.
D. To compensate the victim for initial damages.
A. To assure the court that the defendant will return for the scheduled trial and court dates.
Which Amendment to the U.S. Constitution guarantees a defendant the right to a trial by jury in federal and state criminal cases?
A. Fourth Amendment
B. Fifth Amendment
C. Sixth Amendment
D. Eighth Amendment
C. Sixth Amendment
Which of the following sentencing options is considered a non-custodial sentence, involving supervised release into the community with specific conditions?
A. Probation
B. Work Release
C. Imprisonment
D. Home Confinement
A. Probation
Which legal standard is necessary for a police officer to conduct a stop and frisk?
A. Probable cause
B. A valid arrest warrant
C. Exigent circumstances
D. Reasonable suspicion
D. Reasonable suspicion
Which term refers to an option for pretrial release where the defendant is released without a money bond based on a promise to return and their community ties?
A. Habeas Corpus
B. Preventive Detention
C. Personal Recognizance
D. Surety Bond
C. Personal Recognizance
A defendant decides to waive their right to a jury trial and instead opts to have the judge alone hear the evidence and render a verdict. This proceeding is known as a:
A. Summary judgment
B. Bench trial
C. Nullification hearing
D. Compulsory process
B. Bench trial
What is the primary purpose of punishment focused on reforming the offender so they can become a productive member of society?
A. Retribution
B. Deterrence
C. Rehabilitation
D. Incapacitation
C. Rehabilitation
The "plain view" exception allows police to seize evidence without a warrant, provided two conditions are met. What is the primary requirement for using this exception?
A. The officer must have a search warrant for a different item.
B. The item must be seized from a vehicle.
C. The officer must be lawfully in a position to see the object.
D. The suspect must have verbally consented to the search.
C. The officer must be lawfully in a position to see the object.
A formal criminal charge filed by the prosecutor directly with the court, detailing the nature of the charges, is known as a(n):
A. Writ of Certiorari
B. Indictment
C. Affidavit
D. Information
D. Information
The Confrontation Clause and the Compulsory Process rights are fundamentally designed to:
A. Expedite the trial process and reduce court backlog.
B. Prevent the prosecution from using illegally obtained evidence.
C. Ensure the defendant has a fair opportunity to challenge the prosecution's case and present a defense.
D. Protect the defendant from double jeopardy.
C. Ensure the defendant has a fair opportunity to challenge the prosecution's case and present a defense.
What is the term for the early release from prison under supervision, which is classified as a privilege, not a right?
A. Work Release
B. Parole
C. Home Confinement
D. Suspended Sentence
B. Parole
What is the fundamental purpose of the Exclusionary Rule?
A. To guarantee a suspect's right to an attorney.
B. To deter police from conducting unlawful searches and seizures.
C. To prevent self-incrimination under the Fifth Amendment.
D. To establish the requirement for probable cause.
B. To deter police from conducting unlawful searches and seizures.
If a Grand Jury finds sufficient evidence (probable cause) to charge a defendant, the formal document they issue is called a(n):
A. Subpoena
B. Indictment
C. Complaint
D. Acquittal
B. Indictment
The right against self-incrimination, often associated with the right to remain silent, is protected by which constitutional amendment?
A. First Amendment
B. Fourth Amendment
C. Fifth Amendment
D. Sixth Amendment
C. Fifth Amendment
Who is primarily responsible for preparing the Presentence Report (PSR), which includes offense details, the defendant's background, and sentencing recommendations?
A. The defense attorney
B. The prosecutor's office
C. The probation department
D. The police department
C. The probation department
Which of the following is not one of the four key Miranda warnings that must be given to a suspect before a custodial interrogation?
A. You have the right to remain silent.
B. Anything you say can be used against you.
C. You have the right to an immediate bail hearing.
D. You have the right to talk to a lawyer and have them present during questioning.
C. You have the right to an immediate bail hearing.
Which of the following pleas means the defendant does not admit guilt but accepts the punishment, and cannot be used as evidence in a later civil trial?
A. Nolo Contendere
B. Not Guilty
C. Guilty
D. Insanity
A. Nolo Contendere
The landmark Supreme Court case of Gideon v. Wainwright established which crucial right under the Sixth Amendment?
A. The right to government-paid counsel (a public defender) if the defendant cannot afford an attorney.
B. The right to a jury trial for all crimes.
C. The right to a speedy and public trial.
D. The right to freedom from cruel and unusual punishment.
A. The right to government-paid counsel (a public defender) if the defendant cannot afford an attorney.
The constitutional right for inmates to receive adequate medical care is guaranteed under which amendment, as established by the landmark case Estelle v. Gamble (1976)?
A. Fourth Amendment
B. Fifth Amendment
C. Sixth Amendment
D. Eighth Amendment
D. Eighth Amendment
In the context of the Fourth Amendment, which of the following is an example of a warrantless search exception?
A. The officer relies on a warrant that is technically invalid (Good Faith).
B. Police search a vehicle because they have probable cause to believe it contains evidence.
C. Police question a suspect who has already invoked their right to counsel.
D. The police decide not to read the Miranda rights.
B. Police search a vehicle because they have probable cause to believe it contains evidence.
If a defense attorney believes that the police obtained key evidence by performing an illegal search, which pretrial motion would they file?
A. Motion for Change of Venue
B. Motion for Discovery
C. Motion for Continuance
D. Motion to Suppress Evidence
D. Motion to Suppress Evidence
A trial ends because the jury cannot reach the required unanimous verdict. This situation is called a hung jury, and it results in a:
A. Double jeopardy violation
B. Plea bargain
C. Mistrial
D. Bench trial
C. Mistrial
Which sentencing reform requires offenders to serve a specific, high percentage (e.g., 85% or more) of their imposed sentence?
A. Truth-in-Sentencing
B. Three-Strikes Laws
C. Indeterminate Sentencing
D. Mandatory Minimums
A. Truth-in-Sentencing
When can a police officer legally use as much physical force as is necessary to make an arrest?
A. When the force is reasonably necessary to effect the arrest.
B. When the suspect is verbally resisting.
C. When the officer has probable cause.
D. Only when the suspect is armed with a deadly weapon.
A. When the force is reasonably necessary to effect the arrest.
What is the primary function of the Exclusionary Rule?
A. To guarantee the defendant's right to an attorney.
B. To prohibit cruel and unusual punishment after conviction.
C. To ensure that illegally seized evidence cannot be used in a criminal trial.
D. To require a Grand Jury indictment for all federal felony cases.
C. To ensure that illegally seized evidence cannot be used in a criminal trial.
The majority of criminal cases are resolved through which process, where the defendant pleads guilty to a lesser charge in exchange for a lighter sentence?
A. Criminal appeal
B. Bench trial
C. Jury nullification
D. Plea bargain
D. Plea bargain
The Transitional Phase of the three phases of reentry primarily focuses on:
A. Pre-release preparation inside prison (education, vocational training, counseling).
B. Long-term reintegration support (job placement, ongoing counseling).
C. Structured reentry support (halfway houses, parole supervision, community programs).
D. Post-sentence legal appeals.
C. Structured reentry support (halfway houses, parole supervision, community programs).
What is the term for the doctrine where evidence obtained as a result of an illegal search cannot be used at trial?
A. Exigent Circumstances
B. Fruit of the Poisonous Tree
C. Good Faith Exception
D. Search Incident to Arrest
B. Fruit of the Poisonous Tree
The legal concept known as the 'Fruit of the Poisonous Tree' doctrine means that:
A. A conviction must be overturned if the prosecutor is proven to have acted in bad faith.
B. Evidence found as a result of an illegal search or seizure is also excluded from trial.
C. Police must immediately stop a search if they discover evidence unrelated to the initial warrant.
D. Defendants must be read their Miranda rights before any questioning begins.
B. Evidence found as a result of an illegal search or seizure is also excluded from trial.
In the context of a criminal appeal, the focus of the higher court's review is primarily on:
A. Re-examining the factual evidence presented at trial.
B. Assessing the credibility of the trial witnesses.
C. Reviewing legal questions, such as procedural errors or due process violations.
D. Determining the appropriateness of the defendant's sentence.
C. Reviewing legal questions, such as procedural errors or due process violations.
One of the main arguments against Capital Punishment mentioned in the slides is:
A. Its low cost compared to life imprisonment.
B. Its strong evidence for general deterrence.
C. The fact that all states currently prohibit it.
D. The risk of wrongful conviction.
D. The risk of wrongful conviction.
A custodial interrogation is defined as questioning that occurs when a person is:
A. Arrested, but not yet read their rights.
B. In court during a trial.
C. Stopped briefly in a Terry v. Ohio street encounter.
D. Taken into custody or otherwise deprived of their freedom in a significant way.
D. Taken into custody or otherwise deprived of their freedom in a significant way.
According to information regarding the criminal justice process, approximately what percentage of all criminal cases are resolved through a Plea Bargain?
A. 90%
B. 10%
C. 50%
D. 75%
A. 90%
The right to a speedy and public trial is guaranteed to:
A. Promote transparency in the justice system.
B. Guard against indefinite pretrial detention.
C. Both A and B.
D. Only apply to defendants charged with felonies.
C. Both A and B.
A sentencing structure where the judge imposes a fixed term (e.g., 10 years) with limited opportunity for early release is known as:
A. Indeterminate Sentencing
B. Determinate Sentencing
C. Mandatory Minimum
D. Suspended Sentence
B. Determinate Sentencing
What is the constitutional standard required for a lawful arrest, according to the Fourth Amendment?
A. Probable cause
B. Reasonable suspicion
C. Mere suspicion
D. Beyond a reasonable doubt
A. Probable cause
Which term describes the formal process of making a police record of an arrest, which typically involves fingerprinting and photographing the accused?
A. Initial Appearance
B. Arraignment
C. Booking
D. Preliminary Hearing
C. Booking
The constitutional protection against Double Jeopardy means a person cannot be:
A. Compelled to testify against themselves.
B. Prosecuted a second time for the same criminal offense.
C. Held without being informed of their charges.
D. Tried without the benefit of a legal counsel.
B. Prosecuted a second time for the same criminal offense.
Which of the following is an example of an Alternative to Incarceration listed in the final slides?
A. Home Confinement
B. Drug courts
C. Prison Policy reform
D. Capital Punishment
B. Drug courts