CRJ 123 QUIZ 3 QUESTIONS AND ANSWERS
The test established in Rochin v. California is known as the _____ test. - Answers
:"shocks-the-conscience"
Striving for both efficiency and accuracy, which are the two competing models of
criminal procedure? - Answers :Crime control and due process
In which case did a Supreme Court Justice make this famous proclamation: "an act that
is repugnant to the Constitution is void" and that "[i]t is emphatically the province and
duty of the judicial department to say what the law is"? - Answers :Marbury v. Madison
In order for a defendant to make a successful claim of selective prosecution, what must
he demonstrate? - Answers :Clear and convincing evidence of a discriminatory impact
and discriminatory intent
Communicative evidence - Answers :The Fifth Amendment right against self
incrimination applies to
The statement after the warning is admissible, if the suspect understands that the initial
statements are not - Answers :When police interrogate a suspect using the "question
first and warn later" technique, which statements are admissible at trial?
Interrogations are videotaped - Answers :In what way is the concern of abusive police
interrogations dealt with most frequently?
Ninth - Answers :Which of the following amendments to the US Constitution is not used
by the Court to ensure that confessions result from fair and constitutional procedures?
admission - Answers :A declaration in which an individual provides a fact that tends to
establish his guilt is known as an _______
The amount of time between arrest and first appearance before a magistrate - Answers
:The primary issue addressed by the McNabb Mallory rule is ___________
There must be innocent bystanders in the immediate area - Answers :Which of the
following is not required for officers to invoke the public safety exception to Miranda?
When the suspect gives a statement that a reasonable officer should understand to be
an invocation - Answers :At what point must police cease questioning due to an
invocation of Miranda?
Preponderance of the evidence - Answers :By what level of proof is the prosecution
required to show that the defendant knowingly, voluntarily, and intelligently waved his
Miranda rights?
, if the suspect initiates contact with the police - Answers :Once a suspect has invoked
his Miranda rights, police may continue questioning the suspect ___________
Functional equivalents of questioning - Answers :Words or actions on the part of the
police that the police reasonably should know are likely to elicit some response from a
suspect are known as ___________
An eyewitness account - Answers :Which of the following is an example of testimonial
evidence?
Third Degree - Answers :The US Supreme Court has condemned and banned the
process of obtaining confessions through extreme physical and psychological abuse of
suspects known as the
The belief that the Supreme Court should decide on a case-by-case basis whether
rights are fundamental to the concept of ordered liberty and therefore apply to the states
is reflected in which of the following approaches to incorporation? - Answers
:Fundamental fairness
Which of the following defines the factual elements of a criminal offense? - Answers
:Substantive criminal law
What level of proof must be established for a police officer to make an arrest? -
Answers :Probable cause
Warrants are obtained for all but which of the following purposes? - Answers :To press
charges
Which entity has the legal authority to interpret and apply the rules established in the
U.S. Constitution? - Answers :The U.S. Supreme Court
The concept of precedent, central to Supreme Court decision making, is based on
which legal principle? - Answers :Stare decisis
Fundamental Fairness - Answers :The US Supreme Court has stated that the objective
of the voluntariness test is to provide
Clear and unambiguous - Answers :In order to invoke the right to silence, a suspect
must make a _____________ and ___________ statement
They are easier to obtain than physical evidence - Answers :Which of the following is
not one of the primary reasons confessions play an important role in the criminal justice
system?
The test established in Rochin v. California is known as the _____ test. - Answers
:"shocks-the-conscience"
Striving for both efficiency and accuracy, which are the two competing models of
criminal procedure? - Answers :Crime control and due process
In which case did a Supreme Court Justice make this famous proclamation: "an act that
is repugnant to the Constitution is void" and that "[i]t is emphatically the province and
duty of the judicial department to say what the law is"? - Answers :Marbury v. Madison
In order for a defendant to make a successful claim of selective prosecution, what must
he demonstrate? - Answers :Clear and convincing evidence of a discriminatory impact
and discriminatory intent
Communicative evidence - Answers :The Fifth Amendment right against self
incrimination applies to
The statement after the warning is admissible, if the suspect understands that the initial
statements are not - Answers :When police interrogate a suspect using the "question
first and warn later" technique, which statements are admissible at trial?
Interrogations are videotaped - Answers :In what way is the concern of abusive police
interrogations dealt with most frequently?
Ninth - Answers :Which of the following amendments to the US Constitution is not used
by the Court to ensure that confessions result from fair and constitutional procedures?
admission - Answers :A declaration in which an individual provides a fact that tends to
establish his guilt is known as an _______
The amount of time between arrest and first appearance before a magistrate - Answers
:The primary issue addressed by the McNabb Mallory rule is ___________
There must be innocent bystanders in the immediate area - Answers :Which of the
following is not required for officers to invoke the public safety exception to Miranda?
When the suspect gives a statement that a reasonable officer should understand to be
an invocation - Answers :At what point must police cease questioning due to an
invocation of Miranda?
Preponderance of the evidence - Answers :By what level of proof is the prosecution
required to show that the defendant knowingly, voluntarily, and intelligently waved his
Miranda rights?
, if the suspect initiates contact with the police - Answers :Once a suspect has invoked
his Miranda rights, police may continue questioning the suspect ___________
Functional equivalents of questioning - Answers :Words or actions on the part of the
police that the police reasonably should know are likely to elicit some response from a
suspect are known as ___________
An eyewitness account - Answers :Which of the following is an example of testimonial
evidence?
Third Degree - Answers :The US Supreme Court has condemned and banned the
process of obtaining confessions through extreme physical and psychological abuse of
suspects known as the
The belief that the Supreme Court should decide on a case-by-case basis whether
rights are fundamental to the concept of ordered liberty and therefore apply to the states
is reflected in which of the following approaches to incorporation? - Answers
:Fundamental fairness
Which of the following defines the factual elements of a criminal offense? - Answers
:Substantive criminal law
What level of proof must be established for a police officer to make an arrest? -
Answers :Probable cause
Warrants are obtained for all but which of the following purposes? - Answers :To press
charges
Which entity has the legal authority to interpret and apply the rules established in the
U.S. Constitution? - Answers :The U.S. Supreme Court
The concept of precedent, central to Supreme Court decision making, is based on
which legal principle? - Answers :Stare decisis
Fundamental Fairness - Answers :The US Supreme Court has stated that the objective
of the voluntariness test is to provide
Clear and unambiguous - Answers :In order to invoke the right to silence, a suspect
must make a _____________ and ___________ statement
They are easier to obtain than physical evidence - Answers :Which of the following is
not one of the primary reasons confessions play an important role in the criminal justice
system?
