mid term result for 202

User Kenneth R Ward Course 2012MFA-MADJU-202-2752 Test Mid-Term opens 10/19/12@5am closes 10/22/12@10pm Started 10/21/12 2:11 PM Submitted 10/21/12 2:54 PM Status Completed Score 93 out of 100 points Time Elapsed 43 minutes out of 1 hour and 30 minutes. Instructions Question 1 1 out of 1 points The settlement of criminal charges by atonement was the forerunner of our present procedures for fining criminals. Answer Selected Answer: a. True Question 2 1 out of 1 points After a person is arrested, unless the charge against him or her is dismissed, some prosecutive action must be taken. Answer Selected Answer: a. True Question 3 1 out of 1 points Which of the below is a pragmatic goal of the justice system? Answer Selected Answer: b. preventing crime Question 4 1 out of 1 points Our justice system should be viewed as a set of rules and is fixed in stone. Answer Selected Answer: b. False Question 5 1 out of 1 points In some states, the state supreme court does not deal with criminal cases. Answer Selected Answer: b. True Question 6 1 out of 1 points A dual system of state and federal court systems exists today. Answer Selected Answer: a. True Question 7 1 out of 1 points Many of the early societal guidelines were developed by trial and error. Answer Selected Answer: a. True Question 8 1 out of 1 points Criminal laws should be vaguely worded in order to facilitate the prosecution of offenders. Answer Selected Answer: a. False Question 9 0 out of 1 points Which of the statements below is correct regarding common law? Answer Selected Answer: a. Common law was not used by the colonists as guidelines for conduct. Question 10 1 out of 1 points The Magna Charta Answer Selected Answer: a. was the forerunner of the right to due process. Question 11 1 out of 1 points Today, the criminal law of the states is based on a written set of regulations that is largely the result of Answer Selected Answer: a. legislative action. Question 12 1 out of 1 points The least serious category of crime is a(n) Answer Selected Answer: c. infraction. Question 13 1 out of 1 points Our system of justice is based on the ________ process. Answer Selected Answer: a. adversarial Question 14 0 out of 1 points All states have eliminated treason as a category of crime and listed it merely as a felony. Answer Selected Answer: b. True Question 15 1 out of 1 points Search warrants generally have no restrictions on when they may be executed. Answer Selected Answer: b. False Question 16 1 out of 1 points Telephonic search warrants have been eliminated by the U.S. Supreme Court. Answer Selected Answer: b. False Question 17 0 out of 1 points The exclusionary rule was applied to the states by the case of Answer Selected Answer: c. Wolf v. Colorado. Question 18 1 out of 1 points The test for any expectation of privacy is based upon the requirement that Answer Selected Answer: c. both of the above. Question 19 1 out of 1 points The major purpose of the exclusionary rule was to Answer Selected Answer: a. deter unreasonable searches and seizures. Question 20 1 out of 1 points In the Katz case, the Supreme Court expanded the scope of the Fourth Amendment by Answer Selected Answer: b. establishing an expectation of privacy zone. Question 21 1 out of 1 points The drafters of the Bill of Rights were influenced by Answer Selected Answer: d. All of the above are correct. Question 22 1 out of 1 points A person's garbage bags left on a public sidewalk may be searched without a warrant. Answer Selected Answer: a. True Question 23 1 out of 1 points The U.S. Supreme Court has a long history of expressing a strong preference for the use of a search warrant. Answer Selected Answer: b. True Question 24 0 out of 1 points The Fourth Amendment deals with seizures of property, not persons. Answer Selected Answer: b. True Question 25 1 out of 1 points The Fourth Amendment does not protect a person's papers. Answer Selected Answer: b. False Question 26 1 out of 1 points There are no exceptions to the Fourth Amendment requirements. Answer Selected Answer: b. False Question 27 1 out of 1 points The Fruits of the Poisonous Tree Doctrine applies only to arrests and not searches. Answer Selected Answer: b. False Question 28 1 out of 1 points Chimel v. California discussed the permissible scope of a search incident to an arrest. Answer Selected Answer: b. True Question 29 1 out of 1 points Failure of an arrested person to demand the right to make a telephone call is considered as a waiver of that right. Answer Selected Answer: a. False Question 30 1 out of 1 points In most states, the Uniform Act of Fresh Pursuit covers only felony violations. Answer Selected Answer: b. True Question 31 1 out of 1 points Only a citizen of the United States may make a citizen's or private person arrest. Answer Selected Answer: b. False Question 32 1 out of 1 points Consuls have unlimited immunity from arrest. Answer Selected Answer: a. False Question 33 1 out of 1 points A peace officer has much greater authority to make an arrest without a warrant than does a private person. Answer Selected Answer: a. False Question 34 1 out of 1 points The elements of an arrest include: Answer Selected Answer: e. Only answers B and C above are correct. Question 35 1 out of 1 points Which of the classes of persons below has at least limited immunity from arrest? Answer Selected Answer: e. only C and D Question 36 1 out of 1 points An arrest has been defined as the taking of a person into custody in a manner authorized by the law. Answer Selected Answer: a. True Question 37 1 out of 1 points The use of telephonic warrants is not permitted by the U. S. Supreme Court. Answer Selected Answer: a. False Question 38 1 out of 1 points The term "arrest" is derived from Answer Selected Answer: b. French. Question 39 1 out of 1 points Until 1967, a search was an all-or-nothing concept. Answer Selected Answer: a. True Question 40 1 out of 1 points Legislators of state legislative bodies have limited immunity from arrest. Answer Selected Answer: a. True Question 41 1 out of 1 points The federal department responsible for securing our national borders is the Answer Selected Answer: c. Department of Homeland Security. Question 42 1 out of 1 points When is it permissible for a law enforcement officer to use non-deadly force in making an arrest? Answer Selected Answer: a. in any case where an arrest is authorized Question 43 1 out of 1 points Prior to the initial appearance, a legal document must be filed with the court setting forth the charges against the accused. Answer Selected Answer: b. True Question 44 1 out of 1 points The phrase "exoneration of bail" means Answer Selected Answer: b. the property or money is returned to the surety. Question 45 1 out of 1 points The purpose of the initial appearance is to determine what charges should be brought against the accused. Answer Selected Answer: b. False Question 46 1 out of 1 points The term "arraignment" has different meaning in different states. Answer Selected Answer: b. True Question 47 1 out of 1 points The initial appearance of the accused before the court is often referred to as the Answer Selected Answer: d. arraignment. Question 48 1 out of 1 points The amount of bail that is required to be posted depends on the amount the accused can pay. Answer Selected Answer: a. False Question 49 1 out of 1 points Bail may be denied only if the person is a danger to the community. Answer Selected Answer: a. False Question 50 1 out of 1 points The purpose of the initial appearance is to provide the accused with the opportunity to make a confession. Answer Selected Answer: a. False Question 51 1 out of 1 points The importance of the initial appearance of the accused before the court was discussed in which landmark case? Answer Selected Answer: d. none of the above Question 52 1 out of 1 points In some cases, witnesses may be required to post bail to ensure presence in court. Answer Selected Answer: a. True Question 53 1 out of 1 points An accused may be released on his or her own recognizance only on misdemeanor charges. Answer Selected Answer: b. False Question 54 1 out of 1 points The initial appearance must take place without unnecessary delay. Answer Selected Answer: b. True Question 55 1 out of 1 points One of the most common reasons for the dismissal of a criminal case is the agreement by the accused to participate in a pretrial diversion program. Answer Selected Answer: b. True Question 56 1 out of 1 points Which of the statements below is correct regarding bail? Answer Selected Answer: c. The original purpose of bail was to ensure the accused's presence at trial. Question 57 1 out of 1 points A demur is a formal mode of disputing the legal sufficiency of pleadings. Answer Selected Answer: a. True Question 58 0 out of 1 points If the magistrate determines that the evidence presented establishes probable cause that the defendant committed the crime charged, the magistrate Answer Selected Answer: c. dismisses the charges. Question 59 1 out of 1 points When the accused refuses to enter a plea, the judge may enter a plea of not guilty for him or her. Answer Selected Answer: b. True Question 60 1 out of 1 points The grand jury vote must be unanimous in order to return a true indictment. Answer Selected Answer: a. False Question 61 1 out of 1 points An accused may never be tried twice for the same misconduct. Answer Selected Answer: a. False Question 62 1 out of 1 points Which of the below statements are False concerning the protection against double jeopardy? Answer Selected Answer: a. The defendant may never be tried twice for the same act. Question 63 1 out of 1 points A jury trial is considered to have begun when the jury is sworn. Answer Selected Answer: b. True Question 64 1 out of 1 points If a defendant does not plead "not guilty by reasons of insanity," he or she may be presumed to be sane at the time the crime was committed. Answer Selected Answer: b. True Question 65 1 out of 1 points Which of the actions below may be taken at an arraignment? Answer Selected Answer: e. All of the above may occur. Question 66 1 out of 1 points An information is another name for an indictment. Answer Selected Answer: b. False Question 67 1 out of 1 points Which of the following statements is correct regarding the authority of the magistrate at the preliminary hearing? Answer Selected Answer: b. The magistrate has the primary duty of determining if there is probable cause to hold the accused over for trial. Question 68 1 out of 1 points Which of the statements below is correct regarding the preliminary hearing? Answer Selected Answer: a. A preliminary hearing is much like a junior trial. Question 69 1 out of 1 points The primary purpose of a grand jury is to Answer Selected Answer: b. determine whether there are sufficient facts to hold the accused for trial. Question 70 1 out of 1 points An indictment and a "true bill" are two completely different documents. Answer Selected Answer: a. False Question 71 1 out of 1 points An indictment serves which of the purposes listed below? Answer Selected Answer: e. All of the above are correct. Question 72 1 out of 1 points The Barker case held that the prosecution is responsible for bringing the defendant to trial. Answer Selected Answer: a. True Question 73 0 out of 1 points If the defendant in a state criminal case contends that she will not get a fair trial in the judicial district in which the crime was committed, she may Answer Selected Answer: b. submit a writ of habeas corpus to require the trial judge to move the place of trial. Question 74 1 out of 1 points The accused may waive his or her right to a speedy trial. Answer Selected Answer: a. True Question 75 1 out of 1 points Criminal trials may take place in the county selected by the prosecutor. Answer Selected Answer: b. False Question 76 1 out of 1 points If venue is not established at trial, it is considered as waived. Answer Selected Answer: a. False Question 77 1 out of 1 points A defendant may request a change of venue. Answer Selected Answer: b. True Question 78 1 out of 1 points The defendant's right to a speedy trial is different from his or her other rights in that Answer Selected Answer: d. All of the above are correct. Question 79 1 out of 1 points The statute of limitations and the right to a speedy trial cover the same rights. Answer Selected Answer: b. False Question 80 1 out of 1 points The prosecution may order a change in venue in order to ensure a fair trial. Answer Selected Answer: b. False Question 81 1 out of 1 points Which of the below statements is correct regarding the statute of limitations? Answer Selected Answer: d. Answers A and C are correct. Question 82 1 out of 1 points The Fourth Amendment assures the defendant the right to a speedy trial. Answer Selected Answer: b. False Question 83 1 out of 1 points Any requests for continuances must be approved by the state. Answer Selected Answer: b. False Question 84 1 out of 1 points The accused may waive venue. Answer Selected Answer: a. True Question 85 1 out of 1 points If no issue is raised as the defendant's competency to stand trial, then it is assumed that she is competent. Answer Selected Answer: b. True Question 86 1 out of 1 points The accused has a right to demand a court trial. Answer Selected Answer: a. False Question 87 1 out of 1 points The below case held that the prosecutor could not comment on the defendant's failure to testify. Answer Selected Answer: d. Griffin v. California Question 88 1 out of 1 points In which of the situations below does the accused have the right to a jury trial? Answer Selected Answer: c. where the maximum punishment is one year's confinement Question 89 1 out of 1 points The right of the accused to a jury trial is contained in what U.S. Constitutional Amendment? Answer Selected Answer: c. Sixth Question 90 1 out of 1 points A court trial is a trial held in the judge's chambers. Answer Selected Answer: b. False Question 91 1 out of 1 points The U.S. Supreme Court has defined a petty case as one in which the Answer Selected Answer: d. maximum penalty is six months confinement. Question 92 1 out of 1 points A trial by judge alone is referred to as a jury trial. Answer Selected Answer: a. False Question 93 1 out of 1 points The court case that held that lie detector results were not admissible in criminal cases was? Answer Selected Answer: c. United States v. Scheffer Question 94 1 out of 1 points If no member of the public is present at a trial, the trial must be delayed until some member of the public is present. Answer Selected Answer: a. False Question 95 1 out of 1 points The below case held that the prosecutor could not exclude from the jury a racial group solely because of their membership in the group. Answer Selected Answer: b. Batson v. Kentucky Question 96 0 out of 1 points The U.S. Supreme Court has held that a jury in a criminal trial may not be composed of less than Answer Selected Answer: a. 12 persons. Question 97 1 out of 1 points The U.S. Supreme Court has held that in all criminal cases the defendant has a right to a jury trial. Answer Selected Answer: a. False Question 98 1 out of 1 points A trial by judge alone Answer Selected Answer: c. is called a court trial. Question 99 1 out of 1 points Before a prosecutor releases information to the media, she should consider: Answer Selected Answer: d. All of the above. Question 100 1 out of 1 points The accused is entitled to a public trial. A public trial is one in which Answer Selected Answer: a. the public is free to attend.