LSTD 400 Final Exam Answers

 

Question 1 of 30 2.5/ 2.5 Points

 
The main reasons for misidentification include: I. the brain does not record accurately what the eye sees. II. the police may use improper suggestive identification measures. III. memory loss between the original event and the identification procedure. IV. look-alike suspects. V. recall.
A. a. I, II, III, IV, V

  1. b. I, II, III, V
  2. c. II
  3. d. II, III, IV, V

 

 

Question 2 of 30 2.5/ 2.5 Points

 

 

____ lineups reduce the power of suggestion and reduce the possibility that the witness will pick the person who most resembles the perpetrator:
A. a. Sequential

  1. b. Simultaneous
  2. c. Blind
  3. d. Photo

 

 

Question 3 of 30 2.5/ 2.5 Points

 

 

In using deterrence as the justification for excluding valid evidence, the Court weighs:
A. a. the evidence of guilt against nature of the constitutional violation.

  1. b. the social costs against the deterrent effect.
  2. c. a and b
  3. d. neither a nor b

 

 

Question 4 of 30 2.5/ 2.5 Points

 

 

Which exception holds that illegally seized evidence can be introduced a trial if the officials’ law breaking behavior did not cause the seizure of the evidence?
A. a. the attenuation exception

  1. b. the independent source exception
  2. c. the inevitable discovery exception
  3. d. the fruit of the poisonous tree exception

 

 

Question 5 of 30 2.5/ 2.5 Points

 

 

The deterrence rationale for the exclusionary rule:
A. a. is based on the idea that courts need to be discouraged from using illegally seized evidence.

  1. b. is concerned with deterring judges who issue bad warrants.
  2. c. is no longer the primary justification for the rule.
  3. d. is based on the belief that excluding good evidence because it was illegally obtained send a message to law enforcement.

 

 

Question 6 of 30 2.5/ 2.5 Points

 

 

In Weeks v. U.S., a 1914 case involving the illegal entry and search of a home, the Supreme Court: I. reversed Week’s conviction. II. made the U.S. unique in excluding good evidence from court because of the manner in which it was seized. III. applied the exclusionary to both federal and state law enforcement. IV. applied the exclusionary only to gambling cases.
A. a. I, II, III, IV

  1. b. I, II, IV
  2. c. I, II
  3. d. I

 

 

Question 7 of 30 2.5/ 2.5 Points

 

 

According to Pinder v. Johnson, involving a lawsuit by a mother against police officers and others for the death of her children in a fire:
A. a. the due process clauses create an official duty to protect life.

  1. b. a duty to protect life can arise when the state restrains citizens from acting on their own behalf.
  2. c. an affirmative duty to protect life can never arise on the part of government officials.
  3. d. government action can never create a duty to protect life.

 

 

Question 8 of 30 2.5/ 2.5 Points

 

 

People who sue the government or its officers under section 1983:
A. a. are usually successful.

  1. b. are usually successful if the violation was extreme.
  2. c. are rarely successful.
  3. d. are usually successful because juries do not believe police officers tell the truth.

 

 

Question 9 of 30 2.5/ 2.5 Points

 

 

Internal review of police misconduct involves:
A. a. review of misconduct by civilians.

  1. b. review of misconduct by a special team of officers in the department.
  2. c. review by a special master appointed by the court.
  3. d. review by officers in another police department.

 

 

Question 10 of 30 2.5/ 2.5 Points

 

 

After grand jurors are sworn in, they are charged by the:
A. a. prosecutor.

  1. b. judge.
  2. c. clerk of court.
  3. d. foreman.

 

 

Question 11 of 30 2.5/ 2.5 Points

 

 

The prohibition against double jeopardy attaches:
A. a. at arrest.

  1. b. after indictment or being bound over following a preliminary hearing.
  2. c. when the first witness testifies.
  3. d. at different times for judge and jury trials.

 

 

Question 12 of 30 2.5/ 2.5 Points

 

 

If a defendant’s constitutional right to a speedy trial is violated:
A. a. the charges against the defendant are dismissed.

  1. b. the time the defendant spent in jail awaiting trial is deducted from his sentence.
  2. c. the court determines the point at which the trial should have commenced and deducts from the sentence the period of time between then and the date the trial actually started.
  3. d. the prosecution must go back to the grand jury stage and start all over.

 

 

Question 13 of 30 2.5/ 2.5 Points

 

 

Concerning the functioning of twelve (12) member juries, social scientists have found:
A. a. that twelve member juries obtain less reliable verdicts than smaller juries.

  1. b. that twelve member juries don’t represent the community.
  2. c. that there is no difference in the reliability of verdicts between twelve member and smaller juries.
  3. d. juries with twelve (12) members are right more often.

 

 

Question 14 of 30 2.5/ 2.5 Points

 

 

Defendants have the right under the Sixth Amendment to force witnesses to come to court to testify for them. This is called:
A. a. cross-examination.

  1. b. direct examination.
  2. c. the right to compel testimony.
  3. d. compulsory process.

 

 

Question 15 of 30 2.5/ 2.5 Points

 

 

Recent research into the exclusionary rule has demonstrated that the deterrent effects are considerable.

  1. True
    B. False

 

 

Question 16 of 30 2.5/ 2.5 Points

 

 

The Supreme Court has held that the manner in which a defendant comes before the court may affect the government’s ability to try the accused.

  1. True
    B. False

 

 

Question 17 of 30 2.5/ 2.5 Points

 

 

Officials who violate the Fourth Amendment by conducting an illegal search cannot receive qualified immunity for their actions.

  1. True
    B. False

 

 

Question 18 of 30 2.5/ 2.5 Points

 

 

Suing governmental bodies under Section 1983 is more complicated than suing individuals.

  1. True
    B. False

 
Question 19 of 30 2.5/ 2.5 Points

 

 

A defendant’s motion to change venue does not waive the right to be tried in the state and district where the crime was located.

  1. True
    B. False

 

 

Question 20 of 30 2.5/ 2.5 Points

 

 

All dismissals because of speedy trial violations are with prejudice.

  1. True
    B. False

 

 

Question 21 of 30 2.5/ 2.5 Points

 

 

A valid plea cannot be assumed from a silent record.

  1. True
    B. False

 
Question 22 of 30 2.5/ 2.5 Points

 

 

Defendants may not be required to come to court in prison clothes.

  1. True
    B. False

 

 

Question 23 of 30 2.5/ 2.5 Points

 

 

Throughout history, fixed sentences have totally dominated criminal sentencing.

  1. True
    B. False

 

 

Question 24 of 30 2.5/ 2.5 Points

 

 

Justices on the U.S. Supreme Court are divided on whether the proportionality principle applies to sentences of imprisonment.

  1. True
    B. False

 

 

Question 25 of 30 2.5/ 2.5 Points

 

 

A defendant’s youthful age at the time he committed a murder is considered an aggravating factor in most death penalty sentencing statutes.

  1. True
    B. False

 

 

Question 26 of 30 2.5/ 2.5 Points

 

 

The jurisdiction of military commissions applies only to noncitizens.

  1. True
    B. False

 

 

Question 27 of 30 2.5/ 2.5 Points

 

 

The libraries provision of The Patriot Act is not controversial and is supported by law enforcement officials and civil libertarians.

  1. True
    B. False

 

 

Question 28 of 30 2.5/ 2.5 Points

 

 

The federal government has disbanded the terrorist surveillance program.

  1. True
    B. False

 

 

Question 29 of 30 15.0/ 15.0 Points

 

 

Identify and describe the significance of the three sources that have affected the balance between security and rights in the detention of terrorist suspects since 9/11.

 

 

 
Question 30 of 30 15.0/ 15.0 Points

 

 

Identify two elements plaintiffs in §1983 actions against state and local law enforcement officers have to prove. Identify and describe two limits placed by the U.S. Supreme Court in §1983 actions against state and local officers.