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Criminal Procedure: From First Contact to Appeal

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1. In which case did the Supreme Court hold that the prosecution “may not use statements, whether exculpatory or inculpatory, stemming from custodial interrogation of the defendant…”? a. Massiah v. United States b. Rochin v. California c. Miranda v. Arizona d. Kirby v. Illinois 2. Besides interrogation, which of the following is/are central element(s) of the Miranda approach to confessions and interrogations? a. Custody b. General questioning c. Formal criminal proceedings d. All of the above 3. Custody is defined by the Supreme Court as happening when: a. A person has been taken into “custody.” b. A person has been formally arrested. c. A person has been deprived of his freedom of action in any significant way. d. All of the above 4. Which of the following can be considered interrogation for Miranda purposes? a. Formal questioning. b. Functional equivalent of questioning. c. Asking a question that is reasonably likely to elicit an incriminating response. d. All of the above 5. Which of the following is NOT an essential element of the Miranda warnings? a. “You have the right to remain silent.” b. “You have the right to an attorney.” c. “If you cannot afford an attorney, one will be provided for you.” d. “You have the right to stop answering questions at any time.” 6. What is the appropriate level of proof for showing a valid Miranda waiver? a. Proof beyond a reasonable doubt b. Probable cause c. Preponderance of evidence d. Clear and convincing evidence 7. When identification procedures violate constitutional provisions, the results from such procedures cannot be considered: a. reliable. b. accurate. c. admissible in a criminal trial. d. All of the above 8. Which of the following helps ensure a reliable lineup? a. At least five people appear in the lineup. b. All persons in the lineup have the same physical characteristics. c. The suspect should be permitted to choose his or her place in line. d. All of the above 9. A photographic array consisting of one picture may be sanctioned if: a. the witness had ample time to view the suspect. b. the witness paid special attention to the suspect. c. the witness’s description is accurate. d. All of the above 10. What do show-ups consist of? a. The suspect and an eyewitness b. At least five people c. The suspect and the suspect’s attorney d. At least three people 11. Which of the following is always preferable to show-ups? a. Lineups b. Single photographic identification c. Video arrays d. In-court show-ups 12. If an in-court identification is influenced by an out-of-court identification, it is called a(n): a. tainted identification. b. flawed identification. c. unreliable identification. d. improper identification. 13. Which of the following is a method of pretrial release where the defendant promises to show up when required, without having to pay money? a. Bail b. Preventive detention c. Release on own recognizance d. Absentee trial 14. For which of the following crimes would release on recognizance most likely be ordered? a. Murders b. Rapes c. Robberies d. Petty thefts 15. Which of the following can be considered criteria for deciding whether pretrial release should be granted? a. Flight risk b. Dangerousness c. Ability to pay d. All of the above 16. In response to many defendants’ inability to post bail, professional ________________ have stepped in. a. bankers b. loan officers c. bail bonds agents d. skip tracers 17. Which of the following is NOT an appropriate consideration in setting bail? a. Potential dangerousness of alleged offender b. Offsetting court costs c. Risk of flight d. Financial status 18. Which of the following usually takes place after a pretrial release decision has been made? a. Initial appearance b. Bail c. Preliminary hearing d. All of the above 19. Which of the following is true about the preliminary hearing? a. The accused enjoys the right to counsel. b. The exclusionary rule does not technically apply in preliminary hearings. c. There is no constitutional right for the accused to cross-examine. d. All of the above 20. Which of the following is intended to prevent hasty, malicious, improvident, and oppressive prosecutions? a. Trial b. Pretrial release hearing c. Preliminary hearing d. Arraignment 21. When a prosecutor charges an individual simply because the individual is exercising his or her constitutional rights, it is known as ___________________ prosecution. a. selective b. vindictive c. aggressive d. zealous 22. In Yick Wo v. Hopkins, the Supreme Court addressed the issue of: a. selective prosecution. b. charge joinder. c. grand jury behavior. d. prosecutorial immunity. 23. When is the best time to resolve the question of whether joinder is appropriate? a. After the trial b. Before the trial c. During the trial d. None of the above 24. Why may the defense argue against joinder? a. The jury may not consider the criminal acts separately. b. The jury may view all the evidence against the accused as inadequate. c. Only one criminal defense can be asserted. d. All of the above 25. The right to a grand jury can be found in which constitutional amendment? a. Fourth b. Fifth c. Sixth d. Fourteenth

1. In which case did the Supreme Court hold that the prosecution “may not use statements, whether exculpatory or inculpatory, stemming from custodial interrogation of the defendant…”? a. Massiah v. United States b. Rochin v. Califo
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