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Test Bank and Answer Keyfor

Criminal Procedure

John L. Worrall

Prentice Hall

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_____________________________________________________________________________Copyright © 2013 Pearson Education, Inc., publishing as Prentice Hall, Upper Saddle River, New Jersey and Columbus, Ohio. All rights reserved. Manufactured in the United States of America. This publication is protected by Copyright, and permission should be obtained from the publisher prior to any prohibited reproduction, storage in a retrieval system, or transmission in any form or by any means, electronic, mechanical, photocopying, recording, or likewise. To obtain permission(s) to use material from this work, please submit a written request to Pearson Education, Inc., Permissions Department, One Lake Street, Upper Saddle River, New Jersey.

Many of the designations by manufacturers and seller to distinguish their products are claimed as trademarks. Where those designations appear in this book, and the publisher was aware of a trademark claim, the designations have been printed in initial caps or all caps.

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Prentice Hall is an imprint of

ISBN-13: 978-0-13-281781-3 www.pearsonhighered.com ISBN-10: 0-13-281781-0

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Table of Contents

Chapter 1 – Introduction to Criminal Procedure……………………………………………4

Chapter 2 – The Exclusionary Rule and Other Remedies…………………………………. 18

Chapter 3 – Introduction to the Fourth Amendment………………………………………. 32

Chapter 4 – Searches and Arrests with Warrants………………………………………….. 46

Chapter 5 – Searches and Arrests without Warrants………………………………………. 58

Chapter 6 - Stop and Frisk………………………………………………………………… 72

Chapter 7 - Special Needs and Regulatory Searches……………………………………… 86

Chapter 8 - Interrogations and Confessions……………………………………………….. 99

Chapter 9 – Identifications………………………………………………………………….112

Chapter 10 - The Pretrial Process………………………………………………………….. 125

Chapter 11 - Prosecutors, Grand Juries, and Defense Attorneys…………………………...141

Chapter 12 - Plea Bargaining and Guilty Pleas……………………………………………. 157

Chapter 13 - Trial and Beyond…………………………………………………………….. 170

Answer Key………………………………………………………………………………... 186

Answers to End-of-Chapter Review Questions……………………………………………. 215

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CHAPTER 1

Introduction to Criminal Procedure

Chapter 1 Multiple Choice

1. Which of the following is a relevant constitutional amendment in criminal procedure?a. The Fourth Amendmentb. The Fifth Amendmentc. The Sixth Amendmentd. The Fourteenth Amendmente. All of the above

Answer: eObjective: Summarize the Constitutional basis for criminal procedure.Page number: 4Level: Basic

2. The Preamble to the U.S. Constitution lists the following purposes of government EXCEPT:a. The pursuit of happiness.b. To establish justice.c. To promote the general welfare.d. To guarantee liberty.

Answer: aObjective: Identify two key themes running throughout criminal procedure.Page number: 2-3Level: Basic

3. Which of the following are NOT sources of rights?a. Court decisionsb. Police department policiesc. Federal Constitutiond. Statutes

Answer: bObjective: Identify two key themes running throughout criminal procedure.Page number: 2-3Level: Basic

4. The _____ Amendment states: “No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.”

a. Fourth

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b. Fifthc. Sixthd. Eighth

Answer: bObjective: Summarize the Constitutional basis for criminal procedure.Page number: 4Level: Basic

5. The _____________ incorporation perspective favors incorporation of certain protections enumerated in the Bill of Rights, not all of them.

a. Totalb. Selectivec. Fundamental rightsd. Total incorporation plus

Answer: bObjective: Summarize the Constitutional basis for criminal procedure.Page number: 4-6Level: Intermediate

6. The Fourth Amendment protects against:a. Self-incrimination.b. Due process violations.c. Unreasonable searches and seizures.d. Cruel and unusual punishments.

Answer: cObjective: Summarize the Constitutional basis for criminal procedure.Page number: 4Level: Basic

7. The Fifth Amendment protects against:a. Double jeopardy.b. Self-incrimination.c. Due process violations.d. All of the above.

Answer: dObjective: Summarize the Constitutional basis for criminal procedure.Page number: 4Level: Basic

8. The Sixth Amendment provides for:a. Freedom of speech.b. The right to remain silent.c. The assistance of counsel.d. The right to bear armse. None of the above.

Answer: c

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Objective: Summarize the Constitutional basis for criminal procedure.Page number: 4Level: Basic

9. The incorporation debate is significant in part because:a. Most contact between police and citizens takes place at the federal level.b. Incorporation may threaten federalism.c. Incorporation protects separation of powers.d. All of the above.

Answer: bObjective: Summarize the Constitutional basis for criminal procedure.Page number: 4-6Level: Intermediate

10. Which of the following best characterizes the total incorporation perspective?a. Certain protections listed in the Bill of Rights should be incorporated.b. Not just the whole Bill of Rights, but other rights (e.g., privacy) should be

incorporated.c. Fundamental rights should be incorporated.d. None of the above.

Answer: dObjective: Summarize the Constitutional basis for criminal procedure.Page number: 4-6Level: Difficult

11. Which incorporation perspective has arguably “won out” over the others?a. Selective incorporationb. Total incorporationc. Total incorporation plusd. None of the above

Answer: aObjective: Summarize the Constitutional basis for criminal procedure.Page number: 4-6Level: Basic

12. _________ contain(s) criminal procedure guidelines that federal criminal justice practitioners are required to abide by.

a. State constitutionsb. State statutesc. The Federal Rules of Criminal Procedured. The federal Constitution

Answer: cObjective: Identify two key themes running through criminal procedure.Page number: 2-3Level: Intermediate

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13. When a previous decision is not available for a court to refer to, it will:a. Practice stare decisis.b. Distinguish the present case.c. Refer to precedent.d. Decline to hear the case.

Answer: bObjective: Explain the importance of precedent.Page number: 6-7Level: Basic

14. Stare decisis is a Latin term that means:a. No past decision exists.b. Treat each case as unique.c. To disregard past decisions.d. To abide by or to adhere to decided cases.

Answer: dObjective: Explain the importance of precedent.Page number: 6-7Level: Basic

15. Which of the following is NOT a characteristic of the crime control perspective?a. Assembly line justiceb. Quantity over qualityc. Insistence on formality of due process rulesd. Faith in the courts

Answer: dObjective: Describe the public order (crime control) and individual rights (due process) perspectives of criminal justice and how criminal procedure balances the two. Page number: 8-9 Level: Intermediate

16. Legal guilt is concerned with whether a person is guilty according to:a. A jury.b. A judge.c. The police.d. The law.

Answer: dObjective: Describe the public order (crime control) and individual rights (due process) perspectives of criminal justice and how criminal procedure balances the two. Page number: 8 Level: Intermediate

17. Factual guilt is concerned with:a. Whether a person committed the crime with which he or she is charged.b. Whether a person is guilty according to the police.c. Whether a person is guilty according to the law.

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d. None of the above.Answer: aObjective: Describe the public order (crime control) and individual rights (due process) perspectives of criminal justice and how criminal procedure balances the two. Page number: 8 Level: Intermediate

18. Courts of limited jurisdiction:a. Try all criminal cases.b. Hear appeals.c. Hear only traffic cases.d. None of the above.

Answer: d Objective: Outline the structure of the court system, including the responsibilities and jurisdictions of each level. Page number: 17 Level: Basic

19. At the state level, trial courts are usually referred to as:a. Courts of limited jurisdiction.b. Courts of general jurisdiction.c. District courts.d. None of the above.

Answer: b Objective: Outline the structure of the court system, including the responsibilities and jurisdictions of each level. Page number: 9 Level: Basic

20. At the federal level, trial courts are:a. Courts of limited jurisdiction.b. Courts of general jurisdiction.c. District courts.d. None of the above.

Answer: c Objective: Outline the structure of the court system, including the responsibilities and jurisdictions of each level. Page number: 9-11 Level: Basic

21. How many federal district courts are there in the U.S.?a. 10b. 89c. 92d. 94

Answer: d

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Objective: Outline the structure of the court system, including the responsibilities and jurisdictions of each level. Page number: 9-10 Level: Basic

22. When an appellate court reverses a lower court’s decision, it:a. Sends the case back to the trial level for further action consistent with the appellate

decision.b. Nullifies or sets aside a trial verdict.c. Sets the defendant free.d. None of the above.

Answer: b Objective: Understand the parts of a court case. Page number: 14-15 Level: Basic

23. Which of the following appellate decisions most closely resembles a reversal?a. Remandb. Affirmc. Vacated. None of the above.

Answer: c Objective: Understand the parts of a court case. Page number: 13 Level: Basic

24. When an appellate court agrees with a lower court’s decision, it _____ that decision.a. Affirmsb. Reversesc. Vacatesd. Remands

Answer: a Objective: Understand the parts of a court case. Page number: 13 Level: Basic

25. A “bright-line” decision may be helpful because:a. It is subject to very little interpretation.b. It promotes clarity and predictability.c. It promotes consistency.d. All of the above.

Answer: dObjective: Understand the parts of a court case. Page number: 15 Level: Basic

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26. The appellant is someone who:a. Appeals.b. Is appealed against.c. Petitions for habeas review.d. Is charged with a crime.

Answer: aObjective: Understand the parts of a court case. Page number: 13-14 Level: Basic

Chapter 1 True-False

1. The Preamble to the U.S. Constitution includes the “blessings of Liberty” because liberty was the most valued political theory throughout history.

a. Trueb. False

Answer: bObjective: Identify two key themes running throughout criminal procedure.Page number: 2Level: Basic

2. Incorporation is concerned with the extent to which the various provisions of the Bill of Rights should be binding on the states.

a. Trueb. False

Answer: aObjective: Summarize the constitutional basis for criminal procedure.Page number: 4-6Level: Basic

3. Selective incorporation favors the incorporation of all rights in the Bill of Rights as well as others not listed in the Bill of Rights.

a. Trueb. False

Answer: bObjective: Summarize the constitutional basis for criminal procedure.Page number: 5Level: Basic

4. Personal privacy is a political philosophy found to exist in and be protected by the Bill of Rights.

a. Trueb. False

Answer: aObjective: Summarize the constitutional basis for criminal procedure.Page number: 4

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Level: Basic

5. For most of American history the Bill of Rights did not apply to local police.a. Trueb. False

Answer: aObjective: Summarize the constitutional basis for criminal procedure.Page number: 4Level: Basic

6. Criminal procedure consists of a vast set of rules and guidelines describing how suspected and accused criminals are to be handled and processed by the justice system.

a. Trueb. False

Answer: aObjective: Identify two key themes running throughout criminal procedure.Page number: 2Level: Basic

7. Stare decisis is synonymous with distinguishing cases.a. Trueb. False

Answer: bObjective: Summarize the constitutional basis for criminal procedure.Page number: 6-7Level: Basic

8. Due process advocates believe the criminal process should resemble an obstacle course.a. Trueb. False

Answer: aObjective: Describe the public order (crime control) and individual rights (due process) perspectives of criminal justice and how criminal procedure balances the two. Page number: 7-8 Level: Basic

9. The Due Process Model emphasizes factual guilt. a. Trueb. False

Answer: bObjective: Describe the public order (crime control) and individual rights (due process) perspectives of criminal justice and how criminal procedure balances the two. Page number: 7-8 Level: Basic

10. The due process perspective is a conservative political ideology.

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a. Trueb. False

Answer: bObjective: Describe the public order (crime control) and individual rights (due process) perspectives of criminal justice and how criminal procedure balances the two. Page number: 7-8 Level: Basic

11. Due process advocates oppose “street justice.”a. Trueb. False

Answer: aObjective: Describe the public order (crime control) and individual rights (due process) perspectives of criminal justice and how criminal procedure balances the two. Page number: 7-8 Level: Basic

12. The U.S. federal court system is a three-tiered court structure.a. Trueb. False

Answer: a Objective: Outline the structure of the court system, including the responsibilities and jurisdictions of each level. Page number: 9-10 Level: Basic

13. The lowest courts at the state level are courts of general jurisdiction.a. Trueb. False


14. The U.S. Courts of appeals can be found in 11 judicial circuits.a. Trueb. False


15. If a case involves federal law, it will be tried in federal court.a. True

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b. FalseAnswer: a Objective: Outline the structure of the court system, including the responsibilities and jurisdictions of each level. Page number: 11 Level: Intermediate

16. A concurring opinion disagrees with the court’s decision.a. Trueb. False

Answer: b Objective: Understand the parts of a court case. Page number: 14 Level: Basic

17. One who files a habeas corpus petition is known as an appellant.a. Trueb. False

Answer: bObjective: Understand the parts of a court case. Page number: 18 Level: Basic

Chapter 1 Fill in the Blank

1. The ___________________ Amendment’s due process clause has been used by the United States Supreme Court to apply many of the rights listed in the Bill of Rights against the states.Answer: FourteenthObjective: Summarize the constitutional basis for criminal procedure.Page number: 4 Level: Intermediate

2. The __________________ doctrine applied provisions of the Bill of Rights to state and local courts and officers.Answer: Incorporation Objective: Summarize the constitutional basis for criminal procedure.Page number: 4-6 Level: Intermediate

3. ____________ ______________ is the perspective that the due process clause of the Fourteenth Amendment makes ALL of the provisions of the Bill of Rights (Amendments I to VIII) applicable to the states.Answer: Total incorporation Objective: Summarize the constitutional basis for criminal procedure.Page number: 5-6

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Level: Intermediate

4. The elimination of mistakes is emphasized more by the __________ __________ Perspective of criminal justice. Answer: Due Process Objective: Describe the public order (crime control) and individual rights (due process) perspectives of criminal justice and how criminal procedure balances the two. Page number: 7-8 Level: Intermediate

5. The ______________________ is the rule on how many of the nine U.S. Supreme Court justices must agree to hear a case before a writ of certiorari will be issued. Answer: Rule of FourObjective: Understand the parts of a court case. Page number: 14-15 Level: Intermediate

6. A _________ opinion disagrees with the court’s decision.Answer: ConcurringObjective: Understand the parts of a court case. Page number: 14 Level: Intermediate

7. ______________________ is a Latin term that means appellate courts should abide by or adhere to decided cases:Answer: Stare decisisObjective: Explain the importance of precedent.Page number: 6-7Level: Basic

8. The person appealing a conviction is known as the _______________________.Answer: AppellantObjective: Understand the parts of a court case. Page number: 13 Level: Basic

9. The __________________________ is the first ten Amendments to the United States Constitution.Answer: Bill of RightsObjective: Summarize the constitutional basis for criminal procedure.Page number: 4Level: Basic

10. The part of the criminal process where the accused person is brought before the court, formally notified of the charges against them, and are allowed to enter a plea is called an ________________.

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Answer: arraignment Objective: Summarize the criminal process. Page number: 17 Level: Basic

Chapter 1 Matching

1. Match the amendment with the correct right guaranteed.1. Fourth a. a speedy and public trial2. Fifth b. right to bail 3. Sixth c. free from unreasonable searches4. Eighth d. protection from double jeopardy5. Fourteenth e. due process from federal government

1. c2. d3. a4. b5. e

Objective: Summarize the constitutional basis for criminal procedurePage number: 4Level: Basic

2. Match the appellate court decision with the correct disposition.6. Vacate a. case is sent back to lower court for further action7. Remand b. agrees with the lower court's decision 8. Affirm c. free from unreasonable searches9. Reverse d. the lower court's decision is cancelled/set aiside

6. d7. a8. b9. c

Objective: Understand the parts of a court case. Page number: 13Level: Basic

Chapter 1 Essay

1. Identify the many different sources of rights that apply to criminal procedure.

Answer: Good answers will vary but should include a discussion of the United States Constitution, important court decisions, statutes, and state constitutions.

Objective: Summarize the constitutional basis for criminal procedure.Page number: 2-3Level: Difficult

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2. Identify and explain the various perspectives related to the incorporation controversy.

Answer: Good answers will vary but should include a discussion of the total incorporation perspective, the selective incorporation, or the fundamental rights perspective, the total incorporation plus perspective, and finally the view that some have that the topic of incorporation deserves a case-by-case consideration.

Objective: Summarize the constitutional basis for criminal procedure.Page number: 4-6Level: Intermediate

3. Describe and distinguish the due process and the crime control perspectives.

Answer: Will vary but good answers should include a discussion of the competing concerns in criminal procedure of controlling crime and the guarantee of due process rights. Liberals tend to focus on liberty interests – individual liberty and rights while conservatives tend to focus on crime control using a “cost/benefit perspective, crime control advocates believe that the benefit of controlling crime to society at large outweighs the cost of infringing on some individuals’ due process protections.”

Objective: Describe the public order (crime control) and individual rights (due process) perspectives of criminal justice and how criminal procedure balances the two. Page number: 7-9Level: Difficult

Chapter 1 Critical Thinking

1. List reasons why bright-line decisions may be preferable over case-by-case adjudications and vice-versa. Which do you prefer and why?

Answer: Will vary but should define bright-line decisions as ones in which the Court hands down a specific rule, ones subject to very little interpretation and (2) decisions requiring case-by-case adjudications in which the decision is based more on the unique facts of the cases. The important part of this question is the stated preference and the reasoning behind it.

Objective: Understand the parts of a court case. Page number: 15 Level: Difficult

2. Considering that the Bill of Rights was designed as a series of limitations on the federal government does it make sense that many of the same limitations have been applied to all states by the United States Supreme Court? Take a position and defend it.

Answer: Good answers will vary but should include a discussion of the various incorporation arguments including, total incorporation perspective, the selective incorporation, or the

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fundamental rights perspective, the total incorporation plus perspective, and finally the view that some have that the topic of incorporation deserves a case-by-case consideration. The important aspect of this question is the position taken and the analytical support given to the answer. Which incorporation perspective makes the best sense to the writer and why.Poor answers will merely recite definitions and have minimal analysis.

Objective: Summarize the constitutional basis for criminal procedure.Page number: 4-6Level: Difficult

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Test Bank Templatetestbanksinstant.eu/samples/Test Bank for Criminal... · Web viewCopyright © 2013 Pearson Education, Inc., publishing as Prentice Hall, Upper Saddle River, New