JURI 575 Quiz 1,2,3,4
JURI 575 Quiz 1,2,3,4
JURI 575 Quiz 1 Introduction to Criminal Justice Process
- What percentage of cases end up going to trial?
- Which of the following actors in the criminal justice system possesses ultimate authority over the decision to charge a defendant with a particular crime?
- Which group in the criminal justice system is the largest, has the most diverse range of functions, and has the most complex organizational structure?
- Which of the following actors in the criminal justice process screens the prosecutor’s charging decision?
- Each of the following typically happens at the defendant’s first appearance before the magistrate except:
- After a formal arrest has been made, the arrestee usually goes through which of the following:
- Which of the following are reasons why a prosecutor may choose not to charge a defendant with a crime?
- Which type of judge is typically responsible for issuing arrest and search warrants?
- Which of the following actors in the criminal justice system is typically responsible for making initial bail determinations?
- Which of the following actors in the criminal justice system may grant relief to a state defendant post-conviction?
- True or False: State-funded (court-appointed) counsel represent a vast majority of felony defendants in criminal prosecutions.
- True or False: Prosecutors have direct regulatory authority over police agencies operating within their county.
- True or False: Instead of conducting a full custody arrest, police officers will frequently issue a “summons” or “appearance ticket” for suspects charged with felonies.
- True or False: A suspect can be arrested before the suspect has been formally charged with a crime.
- True or False: An appeal is the last and final step that a defendant can use to challenge his conviction.
- True or False: A magistrate must review all warrantless arrests and make a separate determination that the officer had probable cause.
- True or False: Once charged with a crime, a defendant must be brought before the magistrate within 24 or 48 hours.
- True or False: Magistrate Courts have jurisdiction to try both misdemeanor and felony cases.
- True or False: State supreme courts are commonly described as “our most important source” of criminal procedure law.
- True or False: Most criminal prosecutions take place at the state level.
- List the special features that differentiate a criminal trial from a civil trial.
- In 100-150 words, describe the difference between “reactive investigations” and “proactive investigations.”
JURI 575 Quiz 2 Probable Cause and the Warrantless Searches
- The validity of a warrant is determined based on whether, at the time it was issued, there was probable cause to issue the warrant.
- Police officers must always knock and announce their presence when executing a search warrant.
- An anonymous letter must satisfy two independent requirements, the “basis of knowledge” and “veracity or reliability” requirements, before it can be relied on.
- Even if an officer has an ulterior motive for conducting a traffic stop, the stop is not unconstitutional so long as he also has probable cause to believe that the motorist violated traffic laws.
- An officer may arrest a suspect without a warrant if he has probable cause to do so.
- After a warrant is issued, it may be invalidated if later discovered evidence shows that the warrant was unnecessarily broad.
- Officers Shang and Kyle went to execute a search warrant at a known drug dealer’s house. The search warrant allowed them to search the entire house. They also had a warrant for the drug dealer’s arrest. They got a tip that the drug dealer owned at least one [rearm, but he usually kept the [rearm in his car. They decided to go to the drug dealer’s home during the daytime because they did not want to arrest him after his children came home from school. Officer Shang, dressed in plain clothes, knocked on the door and said “hey there! It’s your neighbor, Sam, from down the street.” The drug dealer replied “go away, Sam! I told you I do not want any of your daughter’s girl scout cookies!” After confirming that the drug dealer was inside, Officer Shang broke down the door and entered the home. When he barged in, the drug dealer looked shocked. Based on the above-mentioned facts, select the best answer:
- Officer Kenobi received an anonymous tip that a man named Darth Maul was selling drugs out of his home. The tip said that Darth Maul’s address was 342 Sith Lane, and that in 3 days someone will come to the home to make a large purchase, and that the person would be carrying a large briefcase. Officer Kenobi verified that Darth Maul’s address was 342 Sith Lane. Officer Kenobi signed an affidavit setting forth the fact that he verified Darth Maul’s address together with a copy of the anonymous tip. He then went to the magistrate to get a search warrant for 342 Sith Lane. The magistrate should:
- A search warrant issued based on an anonymous tip will not be valid unless:
- Officer Sparrow conducted a three-month long investigation monitoring drug activity in Caribbean County. During the investigation he observed a suspect named Hector Barbosa sell drugs to approximately twelve individuals. In each instance Officer Sparrow was able to positively identify the drugs because he was undercover in plain clothes observing the transactions. After watching these transactions, he sought a warrant for Barbosa’s arrest. In support of the warrant, he presented a sworn statement that “he has cause to suspect and believe that Barbosa was selling drugs.” The affidavit contained no other detail. The magistrate should:
- In Richards v. Wisconsin, the court held that the officer’s search was:
- In Maryland v. Garrison, the Supreme Court held that:
- Police officers must knock and announce their presence under all the following circumstances except:
- Officer James was patrolling downtown Lynchburg when he noticed a suspicious looking vehicle. He pulled up next to the vehicle and saw the driver of the vehicle reach over and hand something to the passenger. He thought it might be drugs, so he started to follow the vehicle. After following the vehicle for several blocks, the vehicle ran through a stop sign. Officer James activated his lights and sirens and the vehicle pulled over. When he walked up to the vehicle, he observed that the passenger of the vehicle was holding a bag of crack cocaine. The defense attorney has [led a motion to suppress arguing that the officer’s stop was not valid because the stop was pretextual. The defense attorney:
- In 100-200 words, explain why the court in Maryland v. Garrison found that the warrant was valid.
- In 100-200 words, describe the purpose behind requiring a warrant to “particularly describe the place to be searched and the persons or things to be seized.”
- In 100-200 words, describe how a court determines whether there is “probable cause” to issue a warrant based on an anonymous tip as discussed in Illinois v. Gates.
JURI 575 Quiz 3 Miranda and the Exclusionary Rule
Covers the Learn material from Module 7: Week 7.
- When officers engage in a “question first and warn later” interrogation, a suspect’s subsequent Mirandized confession is still admissible.
- Once a police officer reads a suspect his Miranda warnings, and the suspect tells the officer that he does not want to speak or that he wants an attorney, the officer can never reinitiate questioning.
- A defendant must unambiguously invoke his right to remain silent and his right to counsel.
- A person is “in custody” for Miranda purposes only when he has been placed under formal arrest.
- When a suspect who is in custody makes voluntary statements to an undercover law enforcement officer, there is no requirement that the officer give the suspect Miranda warnings.
- The determination of whether a suspect is “in custody” for purposes of Miranda is a subjective inquiry.
- A suspects statements obtained in violation of Miranda may be excluded from evidence.
- One day Moff Gideon was walking down the street when he was approached by a law enforcement officer. The officer asked Moff if he could ask him a few questions about a burglary that happened a few days prior. Moff agreed to speak to the officer, and he walked with the officer down to the police station. Once they were at the police station, Moff started to have second thoughts. He asked the officer if he could leave, and the officer said “anytime you want to leave is fine.” Moff did not want to seem uncooperative, so he stayed. The officer then questioned Moff for two and a half hours but did not read Moff his Miranda Moff confessed to the burglaries and was placed under arrest. Moff wants to file a motion to suppress the statements he made during questioning. Based on these facts:
- Whether a person has been interrogated for purposes of Miranda requires the court to evaluate:
- Jeremy Bentham was arrested for charges of distribution of cocaine. After he was arrested, officers read Bentham his Miranda warnings and brought him to the police station to ask him questions. Bentham remained silent thereby refusing to answer the police officers’ questions. After one hour of trying to get Bentham to answer questions, an officer decided to try a different method. Knowing that Bentham just recently lost his 2-year-old daughter, instead of asking Bentham a direct question, he said, in Bentham’s presence, “It’s sad that you don’t want to answer any questions. I heard the other day that a little girl who was trying to find candy in her mother’s purse found one of her pills and ate it. It was laced with fentanyl and the little girl died. She was only three and she was so cute. That could have been anyone’s daughter.” Bentham immediately confessed. Bentham’s lawyer moves to suppress the confession arguing that the officer violated Bentham’s right to remain silent when he continued to interrogate Bentham after he chose to remain silent. At trial the judge is likely to:
- After arresting a defendant for charges of possession of child pornography, Officers Cannon and Ball forgot to read the defendant his Miranda Before realizing that they had failed to read him his warnings, they started asking him questions about his collection of child pornography. The defendant told officers that he had a secret stash of child pornography hidden on a computer that was locked inside of a closet in his basement. He told the officers that he kept the key to this closet inside of a desk drawer at his office. The officers obtained a search warrant for his office desk drawer and for the basement closet, and they locate the additional child pornography. At trial the defense attorney moves to suppress his client’s statements and the child pornography. Which of the following answers best describes the result of the suppression motion?
- Officer Brandywine suspected that Tru Steele, a 15-year-old high school student, was involved in a series of bank robberies. Officer Brandywine decided to visit Tru after his high school basketball practice. He walked up to Tru’s coach and asked the coach if he could ask Tru to speak to him. The coach asked Tru to come speak to the officer and the three of them went back to the coach’s office. The officer then began asking Tru about the bank robberies. Tru said that he didn’t know anything about the bank robberies, and that he wanted to call his parents. The officer told Tru that he could call his parents in a little bit, and he continued to ask him questions about the bank robberies. After about 40 minutes of questioning, Tru confessed. After Tru confessed, the officer placed Tru under arrest and read him his Miranda warnings. The defense attorney Sles a motion to suppress Tru’s confession alleging that the officer violated Miranda by not reading Tru his Miranda warnings prior to questioning him. Which of the following facts is likely to be considered by the court in determining whether Tru was in custody and therefore should have been read his Miranda warnings prior to questioning:
- In which of the following scenarios does an officer violate the principles established in Miranda?
- Johnny Rocket was arrested on murder charges and held in custody for those charges at Ferris Wheel Prison in New York. In June of 2019, officers went to Ferris Wheel to ask Johnny if he would be willing to talk to them about a separate complaint that he had molested his child. Johnny invoked his right to counsel and the police officers left. A few days later, the officers came back to the prison, and requested to speak to Johnny about the molestation complaint again. They read Johnny his Miranda warnings and he signed a waiver. He then confessed to molesting his child. Under these facts, Johnny’s confession:
- In 100-200 words, describe the factors the court considers when determining whether a person is considered “in custody” for purposes of Miranda.
- Define what the term “interrogation” means for purposes of Miranda.
- In 100-200 words, explain what the Edwards rule is and how it impacts custodial interrogations.
JURI 575 Quiz 4 Brady Violations and Due Process
Covers the Learn material from Module 8: Week 8.
- Impeachment evidence is favorable to the accused and falls within the scope of Brady.
- Failing to disclose material exculpatory evidence as required under Brady is a violation of due process.
- Under Brady a prosecutor can only violate due process when he, in bad faith, suppresses evidence favorable to the accused.
- A prosecutor’s duty to disclose evidence favorable to the accused applies even when the accused does not specifically request that information.
- A defendant does not have to provide any discovery evidence to the prosecution.
- The accused cannot move to vacate his conviction even when the prosecutor fails to disclose material evidence in violation of Brady.
- When a defendant is required to provide notice of his alibi witnesses, he is compelled to be a witness against himself in violation of the right against self-incrimination.
- Under which of the following circumstances does a prosecutor engage in a Brady violation?
- Under United States v. Bagley, a “reasonable probability” is:
- Under which of the following circumstances does a prosecutor engage in a Brady violation:
- In the case of Pennsylvania v. Richie, the Supreme Court found that a prosecutor’s failure to disclose a confidential file containing a witness’ prior statement may have violated:
- Ron Miller was convicted of assault and battery, and the sole witness against him was his ex-girlfriend, Barbara. Barbara took the stand and testified that Ron smacked her twelve times in the face before choking her to the point that she could not breathe. Barbara did not file charges until one year later shortly after she and Ron broke up. When asked why she did not report the incident immediately, Barbara said that she was scared that Ron would hurt her worse if she called the police. Ron, who had never been in trouble before, testified that the incident had never occurred, and that Barbara was just upset about the breakup. Shortly after he was convicted, the prosecutor realized that she failed to provide Ron with evidence that Barbara had previously been convicted of five prior counts of perjury and one count of shoplifting. Ron’s attorney files a motion to vacate the conviction because he could have successfully used the prior convictions to impeach Barbara’s credibility. The judge should:
- Failing to disclose exculpatory evidence in violation of Brady, violates which amendment:
- After trial, a prosecutor learns that one of her witnesses lied on the stand. When she asks the witness what he lied about, the witness explains that he lied when the defense attorney asked him what color tie he wore the day of the shooting. He wore a pink tie the day of the shooting, but he was too embarrassed to admit that, so he testified that his tie was blue. At trial, the defense attorney asked the witness what color his tie was on the day of the shooting to impeach the defendant regarding his ability to remember minute details about the day of the crime. Under Brady, the prosecutor:
- What was the court’s holding in Brady v. Maryland regarding whether the prosecutions suppression of evidence violated due process?
- What is the right of confrontation and what does the Confrontation Clause guarantee?
- Under United States v. Bagley, when is evidence considered “material” to guilt or punishment?