Chapters 1,3,4,5 Flashcards
1
Q
The judicial power of the federal government is created in article \_\_\_\_ of the us constitution I II III IV
A
III
2
Q
The ban on cruel and unusual punishment and excessive fines and bail is found in the \_\_\_\_ amendment. First Fourth Eighth Ninth
A
Eighth
3
Q
The rights to speedy public and jury trials and to confront adverse witness are found in the _____ amendment
A
Sixth
Seventh
Eighth
Ninth
4
Q
The protection against double jeopardy is found in the \_\_\_\_\_\_ amendment First Fourth Fifth Sixth
A
Fifth amendment
5
Q
The concept of venue refers to:
Which court has jurisdiction
The location where the case will be tried
Which judge will try the case
The decision as to whether there will be a bench or jury trial
A
The location where the case will be tried
6
Q
The court of the last resort in the most states for both civil and criminal cases is called the:
Court of criminal appeals
Supreme Court
District court
Court of appeals
A
Supreme Court
7
Q
Stare decisis is the principle that:
A case should be tried where the crime was committed
A case can be tried in a star and a federal court
New cases should be decided in w fashion consistent with the law established in prior cases
A court must have a jurisdiction to try a case
A
New cases should be decided in a fashion consistent with the law established in prior cases
8
Q
The is Supreme Court has \_\_\_\_\_\_ members Five Seven Nine Eleven
A
Nine
9
Q
The number of justices that must agree in order to be heard on its merits by the us Supreme Court is Four Five Six Seven
A
Four
10
Q
The protection against self incrimination is found in the \_\_\_\_\_ amendment First Fourth Fifth Sixth
A
Fifth
11
Q
How many justices of the us Supreme Court must agree to hear this fred case Nine Seven Four Five
A
Four
12
Q
Which of the following does not require probable cause Conviction Arrest Search or arrest warrant Stop and frisk
A
Stop and frisk
13
Q
A trial courts determination of probable cause can be reviewed by a \_\_\_\_\_\_\_\_\_\_ court if the case is appealed Appellate Alternate Exclusionary Nine of these
A
Appellate
14
Q
When a officer seeks to obtain a warrant from magistrate, it is important that all the information necessary to establish probable cause be included in the License Application Affidavit Statement
A
Affidavit
15
Q
What level of proof is required for an officer to conduct a stop and frisk A mere suspicion or hunch A reasonable suspicion Probable cause Proof by a preponderance of the evidence
A
A reasonable suspicion
16
Q
Which of the following types of informants are considered reliable An ordinary citizen A known criminal An ex felon Children
A
An ordinary citizen
17
Q
If there is one legal term with which police officers must be thoroughly familiar it is :
Preponderance of the evidence
Probable cause
Proof
A
Probable cause
18
Q
Probable cause and reasonable suspicion differ in degree of: Knowledge Difficulty Certainty Evidence
A
Certainty
19
Q
In establishing probable cause officers may rely on their Intuition Experience Standard operating procedures Experiences of others
A
Experience
20
Q
The legal definition of probable cause states that it is more than Clear and convincing evidence Reasonable suspicion Bare suspicion Circumstantial evidence
A
Reasonable suspicion
21
Q
In order for a person to invoke the exclusionary rule they must have Standing Jurisdiction Venue Comity
A
Standing
22
Q
Which of the following is not currently an exception to the exclusionary rule Good faith Inevitable discovery Independent source Silver platter
A
Silver platter
23
Q
In mapp v Ohio the us Supreme Court
Abandoned the silver platter doctorine
Required federal courts to utilize the exclusionary rule
Created the fruit of the poisonous tree doctrine
Made the exclusionary rule applicable against states
A
Made the exclusionary rule applicable against states
24
Q
Which of the following is one of the four general exceptions to the exclusionary rule Harmless error Silver platter doctorine Good faith Arrest
A
Good faith
25
```
He primary purpose of the exclusionary rule is to deter misconduct by
Defense attorneys
Judges
Police
Prosecutors
```
Police
26
```
The case were the us Supreme Court first authorized stop and frisk was
Minnesota v Dickerson
Terry v Ohio
Mapp v Ohio
Adams v Williams
```
Terry v Ohio
27
```
When the police detain a person during a stop longer than is reasonable the stop becomes a
Seizure
Search
Station house detention
Arrest
```
Seizure
28
```
The us Supreme Court case that established th principle review was
Mapp v Ohio
Marbury v. Madison
Maryland v garrions
Tennessee v garner
```
Marbury vs Madison
29
____ involves a study of legal standards governing the detection, investigation, and prosecution of crime
Substantive criminal law
Criminal procedure
Substantive criminal procedure
Law school
Criminal procedure
30
```
The study of ______ involves the analysis of the definition of specific crimes and of the general principles that apply to all crimes
Substantive criminal law
Criminal procedure
Substantive criminal procedure
Law school
```
Substantive criminal law
31
```
Which of the following states that whens federal laws and state laws conflict federal law is superior
Federal criminal code
Premption doctorine
Tenth amendment
Model penal code
```
Preemption doctorine
32
```
The sharing of power between the federal and state governments is termed
Dual sovereignty
Independent power
Federal state relationship
Dual law
```
Dual sovereignty
33
```
____ crimes that are considered inheritly evil and would be evil if not prohibited by law
Mala in se
Mala prohibita
Mens rea
Moral crimes
```
Mala in se
34
```
_____ offenses that are not inherently evil and only considered wrong because they are prohibited by statute
Mala in se
Mala prohibita
Mens rea
Moral crimes
```
Malta prohibita
35
```
_____ is a system of base on a constitution that limits the governments power
Constitutional democracy
Legal democracy
Constitutional law
Criminal law
```
Constitutional democracy
36
```
The rule of _____ has been characterized as the first principle of American criminal jurisprudence
Judiciary
Legality
Clarity
Democracy
```
Legality
37
```
The _____ to the us constitution provides that congress shall make no law abridging freedom of speech or press
First amendment
Fourth amendment
Second amendment
Ninth amendment
```
The first amendment
38
Which amendment prohibits depriving individuals of life liberty or property without due process of the law is
Fifth
Fourteenth
Or both
Both
39
```
____ intent provides the individuals who are grossly and wanton fly wreck less are considered to intend the natural consequences of there actions
General
Specific
Transferred
Constructive
```
Constructive intent
40
```
A ____ intent apples when an individual intends to attack one person and injured another
General
Specific
Transfered
Constructive
```
Transferred intent
41
```
A _____ intent is a mental determination to accomplish a certain result
General
Specific
Transferred
Constructive
```
Specific
42
```
_____ means that an individual in Risky behavior that they know creates a risk of substantial and unjustifiable and yet do not expect the injury or harm will result
Carelessly
Negligently
Recklessly
Purposely
```
Recklessly
43
```
An individual satisfies the _____ standard when he is aware that the circumstances exist or that a result is praciclly certain to result from his or her conduct
Carelessly
Negligently
Recklessly
Purposely
Knowingly
```
Knowingly
44
```
_____ involves invading in harmfule and dangerous conduct while being unaware of the risk that reasonable person would appreciate
Carelessly
Negligently
Recklessly
Purposely
```
Negligently
45
A crime that doesn't require men's rea
Strict liability
Public welfare
Strict welfare
Strict liability
