Download New Liberty University CJUS 410 Exam 4 

Download New Liberty University CJUS 410 Exam 4

Set 1

1. S. v. Moscatiello(1985) created what exception to the exclusionary rule?
2. What kind of immunity do judges have from civil lawsuits for actions they take while performing their official judicial duties?
3. The 1961 case that reversed Wolf v. Colorado and made the states follow the exclusionary rule was:
4. In the early years immediately following the adoption of the Sixth Amendment, guaranteeing the right to counsel, courts interpreted that right to mean:
5. Which case addressed the issue of whether pretrial conditions before convictions constitute punishment?
6. According to Pinder v. Johnson, involving a lawsuit by a mother against police officers and others for the death of her children in a fire:
7. Two procedures test the government’s case against defendants prior to trial:
8. The exclusionary rule bans illegally obtained evidence from what part of a criminal trial?
9. Which legal doctrine prohibits people from suing the government without its consent?
10. In using deterrence as the justification for excluding valid evidence, the Court weighs:
11. During which of the following stages of the criminal process does an individual not have the right to counsel?
12. The adversarial proceeding that tests the government’s case is called a:
13. What case expanded the good-faith exception to include reliance personnel other than law enforcement officers?
14. According to the SCOTUS opinion in Bell v. Wolfish, involving conditions in a pretrial detention center or jail:
15. The right to counsel attaches:
16. What are lawsuits against individual law enforcement officers called?
17. Which justification for the exclusionary rule prevents officers from breaking the law?
18. Some defendants who are charged with petty offenses are released with a written promise to appear in court, which the defendant signs without admitting guilt. This is referred to as:
19. The exclusionary rule applies to all of the following, except:
20. The speedy trial clause prohibits:
21. What makes selective prosecution a necessity?
22. Under privately administered bail bonds, bail bondsmen or bondswomen usually charge what percentage of the amount of the bond that they turn over to the courts?
23. What rule is protective procedure against violations of constitutional rights?
24. If defendants are indicted or bound over, what is the next step in the criminal process?
25. What is the part of a trial in which the government presents its evidence to prove the defendant’s guilt?
26. Which case allowed the right to counsel “indigents” for felonies?
27. According to empirical research, what type of crime is virtually unaffected by the exclusionary rule?
28. The first U.S. _______________ case was DeShaney v. Winnebago County Department of Social Services(1989).
29. Beltran v. City of El Paso (2004), the Court ruled that:
30. In what case did SCOTUS hold that, if an officer makes an arrest, reasonably (but wrongly) believing there’s an outstanding arrest warrant, evidence obtained during a search incident to the unlawful arrest is admissible in court?
31. When the government takes people into custody against their will, the government:
32. Research about the effectiveness of civilian review boards shows that:
33. According to your text, what percentage of all criminal cases will be dismissed because the police seized evidence illegally?
34. The major objection to an internal review of police misconduct is that:
35. What percentage of cases are dropped because of the exclusionary rule?
36. Which of the following is a social cost of the exclusionary rule?
37. According to the defense of official immunity, an officer is personally liable:
38. What is the name given to the group inside the police department that reviews police misconduct?
39. The fruit of the poisonous tree doctrine refers to:
40. What term refers to prosecutorial discretion in determining which cases are actively pursued, in light of resource availability and priority of case outcomes?
41. Detective Stanton gets a tip from John Bratton’s neighbor that Bratton is dealing drugs out of his house. Detective Stanton and a newly hired officer, Stankowitcz (waiting to go to the academy) conduct surveillance and try to make undercover buys, unsuccessfully. Detective Stanton has bigger fish to fry and moves on. However, just a week after graduating from the academy newly minted Officer Stankowitcz decides to bust Bratton, whatever the cost. Officer Stankowitcz, knocks on Bratton’s door and tells him he knows he is a dealer. He demands to search the house, but Bratton refuses. As Bratton pushes the door closed, Officer Stankowitcz forces it open and steps in. He smells something awful. It was found out later, the City was getting complaints of foul odors in the neighborhood.
42. Officer McDonald was on patrol one night. He pulled over a teenager on a bike. The teenager got mouthy. To teach him a lesson Officer McDonald put him in handcuffs and told him he was under arrest. Officer McDonald “tazed” him several times and then let him go. The teenager told his parents who immediately retained an attorney, who filed a federal lawsuit against Officer McDonald.

Set 2

1. Prosecutors enjoy different types of immunity, depending on the type of action they are engaged in at the time of the misconduct. What is this type of immunity called?
2. What exception allows the use of illegally obtained evidence in nontrial proceedings?
3. Research indicates that:
4. Which justification for the exclusionary rule prevents officers from breaking the law?
5. Which case addressed the issue of whether pretrial conditions before convictions constitute punishment?
6. The test for allowing a defendant to be jailed prior to trial is based on:
7. Courts that have allowed the state-created-danger exception apply it in one of two ways. The first way requires a special relationship between the government and the victim, plus:
8. Who is always protected by absolute immunity from civil lawsuits while they are performing their official duties?
9. The right to counsel attaches:
10. SCOTUS has put which of the following limitations on § 1983 actions?
11. What are lawsuits against individual law enforcement officers called?
12. According to your text, what percentage of all criminal cases will be dismissed because the police seized evidence illegally?
13. What exception says that illegally obtained evidence can come into court if the poisonous connection between the illegal police actions and the resulting evidence weakens enough?
14. S. v. Leon (1984) created the:
15. The Federal Tort Claims Act:

16. A factor that the court can consider in deciding a motion for a change of venue is:
17. Trials without juries, in which judges decide the facts, are called:
18. What must the prosecution prove to charge police officers with a crime?
19. What kind of immunity do judges have from civil lawsuits for actions they take while performing their official judicial duties?
20. The criminal complaint formally charges the defendant and authorizes the magistrate to:
21. Which of the following is a social cost of the exclusionary rule?
22. According to the defense of _______________, individual officers can’t be held personally liable for their official actions if the actions meet the test of objective legal reasonableness.
23. The U.S. government can be sued for the constitutional torts of federal law enforcement officers who have the authority to search and arrest under:
24. Which doctrine holds that illegally seized evidence can be introduced at trial if the poisonous connection between the illegal police actions and the evidence weakens sufficiently?
25. What rule is a protective procedure against violations of constitutional rights?
26. Diversion involves which of the following activities?
27. What justification stems from the ancient legal saying “There is no right without a remedy”?
28. Which of the following is statistically the single greatest cause of injury to women in America?
29. If defendants are indicted or bound over, what is the next step in the criminal process?
30. The legal doctrine of holding employers liable for wrongs committed by employees who are acting in the scope of employment is known as:
31. A judge can order prevention detention after deciding that the defendant either won’t appear or is a threat to public safety. What level of proof is required in this situation?
32. What is the name given to the group inside the police department that reviews police misconduct?
33. The internal review consists of four consecutive stages: intake, investigation, deliberation, and:
34. What is the term used to describe lawyers willing to represent their clients at no charge?
35. In Beltran v. City of El Paso (2004), the Court ruled that:
36. The text refers to which of the following as police actions and procedures that violate any of the five constitutional rights?
37. What exception to the exclusionary rule says that, even if officers break the law unless their lawbreaking causes the seizure of evidence, the evidence is admissible in court?
38. What case expanded the good-faith exception to include reliance personnel other than law enforcement officers?
39. According to Pinder v. Johnson, involving a lawsuit by a mother against police officers and others for the death of her children in a fire:
40. According to empirical research, what type of crime is virtually unaffected by the exclusionary rule?
41. Identify the five exceptions to the exclusionary rule. Explain the importance of each and how it applies to cases.
42. Identify the two elements that plaintiffs in § 1983 actions against state and local law enforcement officers have to prove. Identify and describe the two limits placed by SCOTUS on § 1983 actions against state and local officers.

Set 3

1. When a grand jury decides there is enough evidence for an indictment, it issues a(n):
2. Why do trial witnesses not need to be advised of their privilege against self-incrimination?
3. If a suspect refuses to participate in a lineup, he or she can be:
4. What do the courts pay attention to when deciding whether a confession is voluntary?
5. Which of the following circumstances violates the Fifth Amendment right against self-incrimination?
6. Identifications resulting from illegal searches and seizures are:
7. What justification is necessary in order to compel a person who is already in custody to participate in a lineup?
8. Which type of in-court questioning occurs when a defense witness is questioned by the prosecutor during the defense’s case?
9. Which of the following is NOT an essential element of the Miranda warnings?
10. Besides interrogation, which of the following is/are central elements of the Miranda approach to confessions and interrogations?
11. Nowadays, grand jury operations are:
12. Which of the following constitutional provisions has NOT successfully been used to challenge an identification procedure?
13. The right to a grand jury can be found in which constitutional amendment?
14. If a person is not already in custody, the police must have what justification in order to “seize” that person for compelled participation in the lineup?
15. Prosecutors are part of what branch of government?
16. A state prosecutor’s decision NOT to file a case can be challenged by the:
17. Which of the following help ensure a reliable lineup?
18. The Fifth Amendment protects against:
19. Which of the following is a type of identification procedure?
20. Grand jury indictments will be charging mechanism of choice when:
21. Adversary proceedings include:
22. After a suspect asserts his or her Miranda rights, questioning:
23. If a prosecutor’s decision to bring charges is discriminatory in nature, this is known as:
24. Which of the following constitutional provisions place(s) restrictions on identification procedures?
25. When a prosecutor charges an individual simply because the individual is exercising his or her constitutional rights, it is known as
26. Which of the following, by itself, will automatically render a confession involuntary?
27. With regard to the Fifth Amendment, the “testimonial evidence” requirement does not cover:
28. Witnesses at either a trial or a grand jury hearing can be compelled to answer questions once they waive their Fifth Amendment privilege and begin to testify. This is known as:
29. Interrogations and confessions are protected by which of the following constitutional amendments?
30. If the joinder is inappropriate, what is required?
31. Which type of in-court questioning occurs when a defense witness is first questioned by the defense attorney during the prosecution’s case?
32. In which of the following ways can compulsion occur?
33. Which of the following can be considered “characteristics of the accused” that may render a confession involuntary?
34. The right to counsel for persons accused in criminal prosecutions:
35. Which of the following are rights enjoyed by people who are under grand jury investigation?
36. With respect to the Sixth Amendment approach to confessions and interrogations, which of the following can be considered a formal criminal proceeding?
37. Which of the following is NOT a reason for grand jury secrecy?
38. A question that suggests an answer is known as a:
39. Which of the following can be considered interrogation for Miranda purposes?
40. are always preferable to showups.
41. Why is it that a lineup should consist of several individuals while a showup consisting of one suspect can be considered constitutional?
42. List several examples of when it would be inappropriate for a prosecutor to bring charges against someone.

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