GOVT 3340 - Legal Aspects Final Review

The theory of incorporation finally adopted by the Supreme Court was

Selective incorporation

The U.S. Supreme Court case that established the principle of judicial review was

Marbury v. Madison

What doctrine allows two jurisdictions to try an individual for the same offense without violating double jeopardy?

Dual sovereignty

An example of selective incorporation can be found in the case of

Duncan v. Louisiansa

What clause of the Fourteenth Amendment was the vehicle for incorporation of rights against the states?

Due process

If a court has the legal authority to hear a case, this means that the court has

Jurisdiction

The only court established by the U.S. Constitution was the

U.S. Supreme Court

The ban on cruel and unusual punishment and excessive fines and bail is found in which Amendment?

Eight Amendment

What is the trial court in the federal system?

District court

The right to speedy, public and jury trials, and to confront adverse witnesses are found in which Amendment?

Sixth Amendment

Courts do not ignore decisions from other jurisdictions because

(Both) - (a) there may be no settled law on an issue in a given area, and (b) decisions in other jurisdictions may enable lawyers to detect a trend and anticipate what local courts might do in the future

To find the case law, one would consult

Judicial opinions

U.S. District Court opinions are published in the

Federal Supplement

Jurisdiction refers to

The power of a court to try a case

The protection against double jeopardy is found in which Amendment?

Fifth Amendment

The concept of venue refers to

The place where the case will be tried

Stare decisis is the principle that

New cases should be decided in a fashion consistent with the law established in prior cases

The Supreme Court has how many members?

Nine (members)

The number of justices that must agree in order for a case to be heard on its merits by the U.S. Supreme Court is?

Four (justices)

Under the rule of law

No person is above the law

Judicial review is the power of a court to

Void laws or official acts which are inconsistent with the U.S. Constitution

A case citation indicates

Where an opinion may be found

A majority of cases get to the Supreme Court from the lower courts on a

Writ of certiorari

Police______ in the United States is closely tied to the concept of the rule of law.

Accountability

The protection against self-incrimination is found in which Amendment?

Fifth Amendment

A citation is a/an

Order commanding a person to appear in court at a specific date and answer certain charges

Defendants are entitled to a lawyer at plea bargaining under which Amendment?

Sixth Amendment

The person who decides and imposes sentences is

The judge

In the great majority of cases, the criminal justice process is triggered against a suspect by

Arrest without a warrant

The law of criminal procedure is similar in all jurisdictions because of

U.S. Supreme Court decisions

The process by which personal and identifying information is gathered by police from a person who has been arrested is called

Booking

Twenty-three of the fifty states use _________ as the sole source of names for jury duty

The voter registration list

Most arrests in the U.S. are made

Without a warrant

A preliminary hearing is usually held for what three main purposes?

Determination of probable cause, discovery, decision on "binding over."

What occurs when the defendant agrees to plead guilty in return for promises or concessions from the prosecutor?

Plea bargain

A summons is a writ directed to a peace officer or other person commanding them to

Notify the person that they must appear in court to answer charges

A question that suggests to the witness the desired answer is known as a

Leading question

With regard to closing arguments in most states

The prosecution goes first, then the defense, and then finally, the prosecution again

A trial that is declared invalid before it is completed is known as a

Mistrial

In most criminal cases, the parties - especially defense counsel - will ask the court that certain instructions be used. Which of the following options are available to the court with regard to these instructions?

(All of these) - (a) Refuse to give the instructions, (b) modify the instructions, and (c) give the instructions

What does not require probable cause?

Stop and frisk

Probable cause has a

Both legal and practical definition

The issuance of a warrant ensures a more orderly procedure and is a better guarantee that probable cause is, in fact, present because it has been reviewed by

A neutral and detached magistrate

Which of the following does the Court consider when evaluating information given by informants?

Both quality and credibility of the information

What is one of the three ways that probable cause can be established?

Information plus corrobation

In testing for the existence of a reasonable suspicion, officers and judges

Apply the totality of the circumstances test

Which Amendment is most concerned with probable cause?

Fourth Amendment

A trial court's determination of probable cause can be reviewed by a(n) _________ court if the case is appealed.

Appellate (court)

In Alabama v. White, the U.S. Supreme Court held that an anonymous tip supplemented by ________ could establish reasonable suspicion.

Corroboration by independent police work

To obtain a valid search warrant, Officer Peabody will need to obtain the warrant from

A magistrate

What is the first prong in the "Aguillar" two-pront test that Officer Jimenez will evaluate?

Reliability of the informant

What is the second prong in the "Aguillar" two-prong test that Officer Jimenez will evaluate?

Reliability of the informant's information

What is the "Gates" standard for probable cause?

Totality of circumstances

When may Officer Jimenez be required to disclose the identity of criminal informant Carlos?

When the informant's identity is material to guilt or innocence

What is Officer Adams seeking to obtain by observing the apartment and picking up the baggie?

Corroborating evidence

What should Officer Adams' next step be?

Go to a magistrate and seek a search warrant

What is a personal reason why Officer Adams would seek a search warrant?

Defense in a civil case

The federal exclusionary rule may be triggered by violation of what?

The Fourth Amendment

The first exclusionary rule case involving searches and seizures was

Boyd v. U.S.

The U.S. Supreme Court made the Fourth Amendment exclusionary rule binding in all federal court cases in the 1914 case of

Weeks v. U.S.

The prosecution must show beyond a reasonable doubt that the evidence erroneously admitted did not contribute to the conviction in order to prove

Harmless error

What is an exception to the exclusionary rule?

(a) Good faith, (b) inevitable discovery, and (c) independent source

The exclusionary rule provides that evidence obtained by government officials in violation of the Fourth Amendment ban on unreasonable searches and seizures is not admissible in

A criminal proceeding as evidence of guilt

The purpose of the exclusionary rule is to

Deter police misconduct

If a neighbor had conducted the search and found the evidence, then called the officers, it is admissible, because

It is an independent source

If the officers obtained verbal consent, but the department policy required written consent, it is not a violation of the exclusionary rule, because

It violates an agency rule, but not the constitutional rule

One of the purposes/arguments for the exclusionary rule is that it protects the constitutional right to privacy.

True

The harmless error doctrine applies to Fourth Amendment violations.

True

The Fourth Amendment exclusionary rule does not apply in federal courts.

False

The Fourth Amendment exclusionary rule does not apply to the activities of private citizens acting totally on their own.

True

The inevitable discovery, silver platter, and "fruit of the poisonous tree" doctrines are all currently exceptions to the exclusionary rule.

False

The first case in which the U.S. Supreme Court utilized the exclusionary rule was Miranda v. Arizona.

False

The four categories of exceptions to the exclusionary rule are good faith, inevitable discovery, purged taint, and independent source.

True

Florida v. Royer involves the legality of using

A drug courier profile

The case where the U.S. Supreme Court first authorized stop and frisk was

Terry v. Ohio

A person has been seized under the Fourth Amendment if a reasonable person would believe

They are not free to leave

When police detain a person during a stop longer than is reasonable, the stop becomes a/an

Arrest

A stop is a Fourth Amendment

Seizure of a person

A frisk is a Fourth Amendment

Search of a person

A frisk is a pat-down of the outer clothing to find

Weapons

To remain within Fourth Amendment bounds, a stop must

Last no longer than necessary

In which respect are a stop and arrest similar? Both

Are Fourth Amendment seizures of a person

For a stop and frisk to be valid, there must be reasonable suspicion

To stop and frisk

In Payton v. New York (1980) the U.S. Supreme Court held that police, in the absence of consent or exigent circumstances, may not enter a suspect's home to make a

Routine, warrantless felony arrest

In 2000, in Atwater v. City of Lago Vista, the U.S. Supreme Court held that the Fourth Amendment does not prohibit a warrantless arrest for

A minor criminal offense punishable only by a fine

According to Welsh v. Wisconsin (1984), what must police consider when determining whether or not there are exigent circumstances justifying a warrantless entry into a home?

Seriousness of the offense

Which of the following acts by a law enforcement officer would NOT be a seizure of a person?

Asking questions

What situation did the Court hold violated the Fourth Amendment in Wilson v. Layne (1999)?

Media ride-along

Why do roadblocks to control the flow of illegal aliens need less protection that other locations under the Fourth Amendment?

(Both) There is strong governmental interest and they are unobtrusive

Police are not required to obtain a warrant, even if they have time, in what location?

A public place

Whose perception determines whether a person has been arrested?

A reasonable person

What is arrest?

Is defined as the taking of a person into custody against his or her will for the purpose of criminal prosecution or interrogation.

An arrest, like a stop, is a Fourth Amendment

Seizure of a person

Under the Fourth Amendment, a search is a/an

Intrusion into an area where a person has a reasonable expectation of privacy

The GENERAL rule is that searches and seizures can be made

Only with a warrant

Which of the following may be searched after a valid arrest?

(Both) Their body and the immediate area

A search warrant is issued by a magistrate on the basis of a _______ signed and prepared by a police officer.

Sworn affidavit

Search warrants

Must be executed or served in a reasonable fashion

A police officer who wanted to obtain a warrant immediately to search a location, on the expectation that contraband will arrive there later, would seek a/an ______ search warrant.

Anticipatory (search warrant)

There is no search within the meaning of the Fourth Amendment if police use drug-detection dogs, as long as the police

Are legally at the location