QUESTIONS WITH VERIFIED CORRECT ANSWERS
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Criminal Law and the U.S. Constitution (Questions 1-25)
1. What is the supreme law of the land?
A: The U.S. Constitution.
2. What are the first ten amendments to the Constitution called?
A: The Bill of Rights.
3. The Fourth Amendment protects citizens from what?
A: Unreasonable searches and seizures by the government.
4. What is the "exclusionary rule"?
A: A legal principle that prohibits the use of illegally obtained evidence in a criminal trial.
5. The Fifth Amendment provides protection against what?
A: Self-incrimination and double jeopardy, and guarantees due process of law.
6. What does the Sixth Amendment guarantee a criminal defendant?
A: The right to a speedy and public trial, an impartial jury, to be informed of charges, to confront
witnesses, and to have the assistance of counsel.
7. The Eighth Amendment prohibits what?
A: Excessive bail, excessive fines, and cruel and unusual punishment.
8. What is the difference between a misdemeanor and a felony?
A: A misdemeanor is a less serious crime typically punishable by fines or jail time of up to one
year. A felony is a more serious crime punishable by imprisonment for more than one year.
9. What are the three essential elements of most crimes?
A: 1) Mens Rea (guilty mind/intent), 2) Actus Reus (guilty act), and 3) Concurrence (the intent
and act must occur together).
10. What is "probable cause"?
A: A reasonable belief, based on facts and circumstances, that a crime has been or is being
committed by a person.
,11. What is the difference between an "arrest" and a "stop" (Terry Stop)?
A: An arrest requires probable cause and involves taking a person into custody for a prolonged
period. A stop requires reasonable suspicion and is a temporary detention for investigation.
12. What landmark case established the "reasonable suspicion" standard for stops and frisks?
A: Terry v. Ohio (1968).
13. What is the "plain view doctrine"?
A: An officer may seize evidence without a warrant if: 1) the officer is lawfully present, 2) the
item is in plain view, and 3) its incriminating nature is immediately apparent.
14. When can an officer conduct a search incident to a lawful arrest?
A: To ensure officer safety and prevent the destruction of evidence, an officer may search the
arrestee's person and the area within their immediate control.
15. What is "exigent circumstances"?
A: An emergency situation that allows an officer to enter a premises without a warrant (e.g., hot
pursuit, imminent destruction of evidence, risk of harm to persons).
16. What is the "public safety exception" to the Miranda warning?
A: It allows officers to ask questions without a Miranda warning if there is an immediate threat
to public safety.
17. What are the two prerequisites for the Miranda warning to be required?
A: 1) The suspect must be in custody, and 2) the suspect must be subjected to interrogation.
18. What is "double jeopardy"?
A: Being tried twice for the same crime after an acquittal or conviction, which is prohibited by
the Fifth Amendment.
19. What is "due process" as guaranteed by the 5th and 14th Amendments?
A: The legal requirement that the state must respect all legal rights owed to a person, ensuring
fair treatment through the judicial system.
20. What is the "fruit of the poisonous tree" doctrine?
A: Evidence that is derived from an illegal search, seizure, or interrogation is generally
inadmissible in court.
21. What level of proof is required for an arrest?
A: Probable Cause.
22. What level of proof is required for a conviction?
A: Proof Beyond a Reasonable Doubt.
, 23. What is "actus reus"?
A: The physical act or unlawful omission that constitutes a crime.
24. What is "mens rea"?
A: The mental state or intent to commit a crime (e.g., knowingly, willfully, recklessly).
25. What is the primary purpose of a preliminary hearing?
A: To determine if there is probable cause to believe a crime was committed and that the
defendant committed it.
Use of Force and Officer Safety (Questions 26-40)
26. What is the foundational standard for the use of force by law enforcement?
A: The objective reasonableness standard established by Graham v. Connor (1989).
27. What three factors are considered under the Graham v. Connor standard?
A: 1) The severity of the crime, 2) Whether the suspect poses an immediate threat to the officer
or others, and 3) Whether the suspect is actively resisting arrest or attempting to evade arrest
by flight.
28. The Use of Force Continuum is a guide that illustrates what?
A: The spectrum of potential force options available to an officer, typically ranging from officer
presence to lethal force, corresponding to a subject's behavior.
29. What is the key principle of "de-escalation"?
A: Using tactics and techniques to stabilize a situation and reduce the immediacy of the threat,
thereby seeking to minimize the need for force.
30. When is an officer justified in using deadly force?
A: When the officer has probable cause to believe the suspect poses a significant threat of
death or serious physical injury to the officer or others.
31. What landmark case ruled on the use of deadly force against a fleeing felon?
A: Tennessee v. Garner (1985), which held that deadly force is not permissible against an
unarmed, non-dangerous fleeing felon.
32. What are the two primary components of officer safety?
A: 1) Situational Awareness (knowing what is happening around you) and 2) Tactical Proficiency
(proper use of tactics, equipment, and cover/concealment).