criminal courts final exam

Mapp v. Ohio, 367 U.S. 643 (1961), did the following:

None of the Above (Fourth Amendment)

All of the following are examples characteristic of the majority of criminal defendants in the United States except:

Elderly

Berger v. United States, 295 U.S. 78 (1935) held that:

Berger was entitled to a new trial because of prosecutorial misconduct

The term voir dire in the criminal process refers to what?

Jury Selection

In a trial for a non-capital felony offense, Rule 24(b) of the Federal Rules of Criminal Procedure provides that:

The defendant is entitled to ten (10) peremptory challenges and the prosecution is entitled to six (6)

The United States Supreme Court in Batson v. Kentucky, 476 U.S. 79 (1986), held that a peremptory challenge during jury selection may not be used to:

Dismiss a juror from service because of their race

The principle legal doctrine for limiting the arbitrariness of public officials is “due process.” The Due Process Clause of the United States Constitution is found in which Amendment?

The Fourteenth Amendment

Among the following, all of these provisions of the Bill of Rights have been incorporated into the Due Process Clause and apply against the states except:

Jury trial in civil cases (Seventh Amendment)

Which of the following are examples of common defenses in criminal cases:

Mistake of Facts and Alibi

Which of the following is an element of a crime?

Actus reus

In order to serve on a federal grand jury, jurors must be all of the following EXCEPT:

Male

Miranda v. Arizona, 384 U.S. 436 (1966), held that:

The U.S Constitution requires law enforcement agents to warn suspects of their rights during custodial interrogation

During voir dire, the most common reason(s) that prospective jurors are excused for CAUSE from jury service is:

Hardship and Bias and/or prejudice

United States v. Booker, 543 U.S. 220 (2005), held that:

The United States Sentencing Guidelines are not mandatory and the recommended sentence may be imposed by the sentencing judge

Under 18 U.S.C. § 3553, which of the following are sentencing factors to be considered by the judge prior to imposing sentence:

1) The nature and circumstances of the offense

2) History and characteristics of the defendant

3) Protection of the public

The Supreme Court’s ruling in Gideon v. Wainwright, 372 U.S. 335 (1963) held that the U. S. Constitution requires that indigent defendants be provided legal representation when charged with serious offenses in criminal courts.

True

A federal grand jury panel must consist of 16 to 23 members.

True

In a prosecution for bribery, there must generally be a quid pro quo -- a specific intent to give or receive something of value in exchange for an “official act.”

True

Despite Federal Rule of Criminal Procedure 6(e), a grand jury witness may usually disclose his or her grand jury testimony, and such a witness is not required to keep the grand jury’s secrets.

True

The authority of the federal grand jury is limited to the investigation of possible violations of federal criminal law triable in the district in which the grand jury is sitting.

True

A federal grand jury panel must unanimously agree on an indictment before a potential defendant is charged.

False*

A federal grand jury has subpoena power and may compel the production of records, documents, and other evidence.

True!

Under the Principles of Federal Prosecution, a prosecutor must seek a grand jury indictment in every instance where the prosecutor believes the federal criminal law has been violated.

False?

A willful violation of the Federal Election Campaign Act (“FECA”) regarding the financing of a political campaign can constitute a federal criminal offense and be prosecuted in United States District Court.

True#

There are approximately 18,000 law enforcement agencies in the United States.

True&

Sentencing guidelines have no role in promoting fairness and appropriate severity in sentencing.

False

There is only one method for selecting judges utilized in the United States.

False

An involuntary statement is considered to be inherently untrustworthy or unreliable, and convictions based on unreliable evidence violate due process.

True

The justices of the United States Supreme Court operate under a binding code of judicial ethics with enforcement provisions and consequences for violation of the code.

False>

Appellate courts must reverse convictions for ineffective assistance of defense counsel only where the proceedings were fundamentally unfair and the outcome would have been different if counsel had been effective.

True (Strikland v. Washington)