BCJ Criminal Law and Procedure 2 — Questions and Answers
Question 1: Which court case established the right to counsel for indigent defendants in state felony cases?
- Miranda v. Arizona
- Gideon v. Wainwright (Correct answer)
- Mapp v. Ohio
- Terry v. Ohio
Correct answer: Gideon v. Wainwright
Gideon v. Wainwright (1963) held that states must provide attorneys to defendants who cannot afford one in felony cases.
Question 2: What does 'actus reus' refer to in criminal law?
- The mental state of the offender
- The guilty act or physical element of a crime (Correct answer)
- The victim's role
- The sentence imposed
Correct answer: The guilty act or physical element of a crime
Actus reus is the physical act or conduct element of a crime that must occur for criminal liability to attach.
Question 3: A 'Terry stop' allows police to briefly detain a person based on:
- Probable cause
- Reasonable articulable suspicion (Correct answer)
- A grand jury indictment
- A warrant
Correct answer: Reasonable articulable suspicion
Terry v. Ohio (1968) allows brief investigative stops when officers have reasonable articulable suspicion of criminal activity.
Question 4: Which principle prevents a person from being tried twice for the same crime?
- Habeas corpus
- Double jeopardy (Correct answer)
- Due process
- Ex post facto
Correct answer: Double jeopardy
The Double Jeopardy Clause of the Fifth Amendment protects individuals from being prosecuted twice for the same offense.
Question 5: What is the purpose of a preliminary hearing?
- To select jurors
- To determine if probable cause exists to proceed to trial (Correct answer)
- To pronounce sentence
- To read the verdict
Correct answer: To determine if probable cause exists to proceed to trial
A preliminary hearing determines whether sufficient probable cause exists for the case to proceed to trial.
Question 6: Which doctrine allows officers to seize evidence in plain view without a warrant?
- Good faith exception
- Plain view doctrine (Correct answer)
- Inevitable discovery
- Exigent circumstances
Correct answer: Plain view doctrine
The plain view doctrine permits officers to seize evidence of a crime that is openly visible without needing a warrant.
BCJ Criminal Law and Procedure 2
Which court case established the right to counsel for indigent defendants in state felony cases?