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Does any one have the midterm for criminal legal process class at AMU?
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Does any one have the midterm for criminal legal process class at AMU?

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Reply# 1
22Charlie
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A year ago

I am also looking for LSTD 400 Midterm & Final Smile



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A year ago

Midterm
Question 1 of 30 2.5 Points

In a constitutional democracy, when enforcing the criminal law:  
 A. a. officials are restricted by the law of criminal procedure.  
  
 B. b. officials are restricted by the legislature.  
  
 C. c. officials are restricted by popular opinion.  
  
 D. d. officials have wide latitude to decide what actions to take.  



Answer Key: A
Question 2 of 30 2.5 Points

A petition for a writ of habeas corpus: I. is a continuation of the original criminal case. II. is a civil action. III. reviews the constitutionality of a petitioner's detention. IV. is another form of appeal.  
 A. a. I, III  
  
 B. b. III, IV  
  
 C. c. II, III  
  
 D. d. IV  



Answer Key: C
Question 3 of 30 2.5 Points

The term "due process revolution" refers to:  
 A. a. the Supreme Court's expansion of individual rights in the 1960s.  
  
 B. b. the Civil unrest that swept the U.S. in the 1960s.  
  
 C. c. the passage of the Fourteenth Amendment.  
  
 D. d. the adoption of the fundamental fairness doctrine by the Court in the 1930s.  



Answer Key: A
Question 4 of 30 2.5 Points

In Hurtado v. California (1884), involving the murder by Hurtado of his wife's lover, the Supreme Court ruled that the Fourteenth Amendment due process clause:  
 A. a. requires jury trials in all state courts.  
  
 B. b. requires states to provide a grand jury indictment in capital cases.  
  
 C. c. does not forbid states to use the death penalty because it does not define defendants of a "fundamental right" in capital cases.  
  
 D. d. does not require states to provide a grand jury indictment in capital cases.  



Answer Key: D
Question 5 of 30 2.5 Points

Selective incorporation means:  
 A. a. the state legislatures can select which provisions in the Bill of Rights to incorporate.  
  
 B. b. only some of the Bill of Rights are incorporated into the due process clause of the Fourteenth Amendment.  
  
 C. c. only the Fourth and Fifth Amendments are incorporated into the due process clause of the Fourteenth Amendment.  
  
 D. d. state supreme courts shall decide which provisions in the Bill of Rights their states should incorporate  



Answer Key: B
Question 6 of 30 2.5 Points

According to the Supreme Court in Katz v. U.S., involving the use of an electronic listening device on the outside of a public telephone booth by the police: I. the Fourth Amendment did not create a general constitutional right to privacy. II. protection of a person's general right to privacy is left largely to the law of the individual states. III. what a person knowingly exposes to the public is not subject to Fourth Amendment protection. IV. what a person seeks to preserve as private, even in an area accessible to the public, may be constitutionally protected.  
 A. a. I, II, III, IV  
  
 B. b. I, III  
  
 C. c. II, III, IV  
  
 D. d. IV  



Answer Key: A
Question 7 of 30 2.5 Points

An officer who smells marijuana as he drives by a car with an open window:  
 A. a. cannot compel the driver to stop the car so he can investigate without a warrant.  
  
 B. b. is limited to noting the license plate number of the vehicle and initiating a stake-out of the owner's home in order to gather additional evidence.  
  
 C. c. is authorized to stop the car to investigate without a warrant or probable cause because it is a plain search and outside the scope of the Fourth Amendment.  
  
 D. d. is authorized to stop and investigate because he has probable cause under the Fourth Amendment.  



Answer Key: C
Question 8 of 30 2.5 Points

Which of the following places is/are not likely to be considered part of the curtilage? I. garages II. pools III. warehouses on the same property IV. porches  
 A. a. I, II, IV  
  
 B. b. II, IV  
  
 C. c. III  
  
 D. d. I  



Answer Key: C
Question 9 of 30 2.5 Points

Examples of direct evidence that police can use to build probable cause include: I. tip from a reliable informant. II. DNA profile. III. suspect fleeing an officer. IV. suspect making furtive movements.  
 A. a. II, III, IV  
  
 B. b. III, IV  
  
 C. c. II  
  
 D. d. II, III  



Answer Key: A
Question 10 of 30 2.5 Points

The major issue of contention between the Supreme Court majority opinion and the dissenting opinion in Schneckloth v. Bustamonte, the case involving the consent search of the defendant's car, was:  
 A. a. whether consent to search was actually obtained by the officers.  
  
 B. b. whether the initial stop of the defendant's car was lawful.  
  
 C. c. the coercion of the defendant to obtain the consent.  
  
 D. d. whether the police must inform a suspect of her right to refuse consent to a consent search.  



Answer Key: D
Question 11 of 30 2.5 Points

In Colorado v. Bertine (1987), the police conducted an inventory search in which they searched Bertine's backpack after arresting him for driving under the influence of alcohol. The Supreme Court decided that:  
 A. a. the search of the backpack violated the U.S. Constitution.  
  
 B. b. the search of the backpack did not violate the U.S. Constitution because it was a legitimate inventory search.  
  
 C. c. the search of the backpack violated the U.S. Constitution because it was conducted on a suspicion that drugs were in Bertine's backpack.  
  
 D. d. the search of the backpack did not violate the U.S. Constitution because drugs were discovered in Bertine's backpack.  



Answer Key: B
Question 12 of 30 2.5 Points

According to the Supreme Court, in order to conduct a routine search at the border, officers need:  
 A. a. probable cause.  
  
 B. b. a warrant.  
  
 C. c. reasonable suspicion.  
  
 D. d. none of the choices.  



Answer Key: D
Question 13 of 30 2.5 Points

A special need that justifies airport searches is:  
 A. a. protection of endangered species.  
  
 B. b. protection of public health.  
  
 C. c. protection from drug smuggling.  
  
 D. d. protection for air travelers.  



Answer Key: D
Question 14 of 30 2.5 Points

In National Treasury Employees Union v. Raub, concerning a Customs Service drug testing program, the Supreme Court:  
 A. a. upheld the entire Customs Service testing program.  
  
 B. b. upheld only the testing of employees who carried weapons.  
  
 C. c. did not uphold any of the program.  
  
 D. d. held that part of the program requiring testing of all employees who handled classified material was unconstitutional.  



Answer Key: D
Question 15 of 30 2.5 Points

A habeas corpus proceeding is not a separate proceeding from a defendant's criminal case.
 
  A. True
 B. False
 



Answer Key: False
Question 16 of 30 2.5 Points

The greater the limit government imposes on the rights of an individual to come and go, the greater and the more facts needed to justify the limitation.
 
  A. True
 B. False
 



Answer Key: True
Question 17 of 30 2.5 Points

The Constitution is a different type of document than a statute, because it expresses the will of the people as a whole.
 
  A. True
 B. False
 



Answer Key: True
Question 18 of 30 2.5 Points

Some state constitutions provide rights not mentioned in the U.S. Constitution
 
  A. True
 B. False
 



Answer Key: True
Question 19 of 30 2.5 Points

According to the Supreme Court opinion in California v. Greenwood involving incriminating evidence found in defendant's trash, citizens have a reasonable expectation of privacy in their trash.
 
  A. True
 B. False
 



Answer Key: False
Question 20 of 30 2.5 Points

Police officers can automatically frisk all citizens whom they stop.
 
  A. True
 B. False
 



Answer Key: False
Question 21 of 30 2.5 Points

The sole purpose of a frisk is to protect officers from death or injury.
 
  A. True
 B. False
 



Answer Key: True
Question 22 of 30 2.5 Points

An officer conducting a protective pat-down search can never seize any items other than weapons.
 
  A. True
 B. False
 



Answer Key: False
Question 23 of 30 2.5 Points

Police can never arrest someone for a non-serious traffic offense.
 
  A. True
 B. False
 



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Reply# 3
Ce
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A year ago

Do you have quiz 3 and the Final for LSTD400 Criminal Legal Process ?



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Reply# 4
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A year ago

Does anyone have the final and quizzes for lstd 400 criminal legal process?



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A year ago

Does anyone have the 2nd writing assignment for LSTD400 Criminal Legal Process?

1. Identify and define the mental processes that account for mistakes in identifying strangers. Also identify the circumstances that affect the accuracy of perceptions in identifying strangers.

2. Why are photo identifications the most unreliable eyewitness identification procedure?

3. Identify and explain the rationales behind the three justifications for the exclusionary rule. Which justification does the U.S. Supreme Court use today?

4. List and explain five exceptions to the exclusionary rule.

5. Identify the difference between the subjective and objective tests of entrapment. Identify two elements in the subjective test of entrapment and the two kinds of circumstances the government can use to prove defendants' predisposition to commit crimes.

6. Is there a constitutional right to the exclusionary rule and the defense of entrapment? Explain your answer.

7. Identify the two elements of the qualified immunity defense, and explain why the test is so easy for officers to pass.

8. Identify and describe the differences between two kinds of state civil lawsuits against individual state officers.

9. Can you sue a judge for damage? A prosecutor? Explain.



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