Which incorporation perspective has arguably “won out” over the others? 2.

Which incorporation perspective has arguably “won out” over the others? 2.

Procedures in the Justice System

Multiple Choice Questions (Enter your answers on the enclosed answer sheet)

Which view of incorporation favors incorporation of certain protections enumerated in the Bill 1. of Rights, but not all of them? It deems certain rights as being more critical or fundamental than others.

Total Incorporationa. Selective Incorporationb. Total Incorporation Plusc. Case-by-Case Incorporation d.

Which incorporation perspective has arguably “won out” over the others? 2.

Total Incorporationa. Selective Incorporationb. Total Incorporation Plusc. Case-by-Case Incorporation d.

A precedent is a rule of case law that is binding on all lower courts and the court that issued it. 3. The courts will defer to prior decisions based on a similar set of facts and legal questions. This doctrine is known as:

Res Gestae.a. Scire Feci.b. Stare Decisis.c. Suo Motu. d.

When a decision does not apply to the current facts, a court will _, saying, in effect, 4. that because the facts of the present case are different, the case cannot be decided the same way.

distinguish the casea. use case precedentb. judge decisionc. enact case law d.

The theory world and real world can differ for which of the following reasons? 5.

The Supreme Court sometimes makes decisions on excruciatingly detailed matters that a. have almost no applicability to most law enforcement officers most of the time. The Supreme Court frequently hands down decisions that would seem to have dramatic b. effects on the nature of law enforcement, but actually involve issues that are already being addressed by many police agencies. What the courts say and what the police do can differ simply as a consequence of some c. aspect of the U.S. legal system. All of the above.d.

Unit 1 Examination

33

BCJ 240 Procedures in the Justice System

The primary purpose of criminal procedure is to maintain the proper balance between: 6.

controlling crime and due process.a. dictatorship and democracy.b. servitude and equality.c. protection and procedure. d.

Which of the following is NOT one of the concepts underlying the due process perspective? 7.

The criminal process looks, or should look, something like an “obstacle course.”a. Quantity is better than quality.b. Formality is preferred over informality.c. A great deal of faith is put in the courts. d.

Which of the following is NOT a characteristic of the crime control perspective? 8.

Assembly-line justicea. Quantity over quality b. Insistence on informality c. Faith in the courts d.

Legal guilt is determined by whether a person is guilty according to the: 9.

policea. judgeb. lawc. jury d.

Which exception to the fruit of poisonous tree doctrine permits the introduction of evidence if 10. it has become attenuated to the extent that it dissipated the taint of the initial unconstitutional act?

Independent source exceptiona. Purged taint exceptionb. Inevitable exceptionc. Questionable procedure exception d.

Unit 1 Examination

34

BCJ 240 Procedures in the Justice System

Which exception to the fruit of the poisonous tree doctrine permits the introduction of 11. evidence if it has arrived via an independent source, such as a party disconnected from the case at hand?

Independent source exceptiona. Purged taint exceptionb. Inevitable exceptionc. Questionable procedure exception d.

Which exception to the fruit of the poisonous tree doctrine permits the introduction of 12. evidence if it would have been discovered anyway?

Independent source exceptiona. Purged taint exceptionb. Inevitable exceptionc. Questionable procedure exception d.

At the federal level, the most common statute for holding police officers criminally liable is: 13.

18 U.S.C. Section 242.a. 18 U.S.C. Section 1983.b. 18 U.S.C. Section 1982.c. 18 U.S.C. Section 243. d.

To be held liable under Section 242, a law enforcement officer must: 14.

negate a person’s rights without forethought. a. unintentionally deny an individual his or her rights.b. act with specific intent to deprive a person of important constitutional (or other federal) c. rights. inadvertently impose restrictions on a person’s constitutional rights. d.

In order for criminal liability to be imposed under Section 242, a(n) __ right must 15. be clearly established.

constitutional a. inalienable b. legalc. ethical d.

Unit 1 Examination

35

BCJ 240 Procedures in the Justice System

42 U.S.C Section 1983 is used for: 16.

criminal liability.a. civil liability.b. misdemeanor charges.c. none of the above. d.

A defense that shields police officers from criminal liability when performing certain official 17. functions, such as using deadly force, is referred to as:

public duty defense.a. immunity defense.b. injunctive relief defense.c. exception defense. d.

Police officers act under color of law when they: 18.

fail to file official documents.a. wear plain clothes during off-duty hours.b. identify themselves as officers.c. settle a personal vendetta without police power. d.

Government action alone is not enough to implicate the Fourth Amendment. The law 19. enforcement activity must also infringe on a person’s:

reasonable expectation of privacy.a. subjective thoughts of privacy.b. objective determination of behavior.c. knowing exposure. d.

When people __ convey information or provide material to third parties, they cannot 20. have a reasonable expectation of privacy (even if those third parties are best friends) because the third parties could easily turn the information over to authorities.

unwillingly a. involuntarilyb. easilyc. voluntarily d.

Unit 1 Examination

36

BCJ 240 Procedures in the Justice System

In which case did the Supreme Court find that respondents could have no reasonable 21. expectation of privacy for abandoned property?

California v. Greenwooda. United States v. On Leeb. Hoffa v. United Statesc. Katz v. United States d.

According to the Supreme Court, which of the following is the “area to which extends the 22. intimate activity associated with the sanctity of a man’s home and the privacies of life”?

Open fielda. Curtilageb. Physical presencec. Venue d.

Any unoccupied or undeveloped real property falling outside the curtilage of a home is referred 23. to as:

curtilage.a. range.b. open field.c. house. d.

Flashlights, drug dogs, satellite photography, and thermal imagery are all examples of: 24.

surveillance equipment.a. enforcement weapons.b. enhancement devices.c. combat tactical. d.

When there is some meaningful interference with an individual’s possessory interest in that 25. property, it is defined as a:

seizure of property.a. seizure of persons.b. seizure.c. search.d.

Unit 2 Examination

83

BCJ 240 Procedures in the Justice System

Multiple Choice Questions (Enter your answers on the enclosed answer sheet)

Why focus attention on the constitutionality of arrests? 1.

The constitutionality of an arrest is critical in determining whether evidence seized in a. connection with the arrest is admissible in court. An innocent person may sue an officer or department if unlawfully detained.b. There is no recourse of an unlawful arrest.c. None of the above d.

The act of taking an individual into custody for the purpose of charging the person with a 2. criminal offense (or, in the case of a juvenile, a delinquent act) is referred to as a(n):

stop.a. arrest.b. search.c. seizure. d.

A(n) _ is a brief nonconsensual encounter between a law enforcement officer and a 3. citizen that does not rise to the level of an arrest; it is the detention of a person by a law enforcement officer for the purpose of investigation.

stopa. arrestb. searchc. seizure d.

In which key case did the Supreme Court define the meaning of arrest as more than restricting 4. a person’s movement?

Davis v. Mississippia. Florida v. Royerb. Henry v. United Statesc. Terry v. Ohio d.

In which case did the Supreme Court rule that stationhouse detentions require probable cause? 5.

Carroll v. United Statesa. Michigan v. Summersb. Florida v. Royer,c. Davis v. Mississippi d.

Unit 2 Examination

84
Which incorporation perspective has arguably “won out” over the others? 2.

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