BCJ Criminal Law and Procedure 2

Question 1

Which court case established the right to counsel for indigent defendants in state felony cases?

Accepted Answer

Gideon v. Wainwright

Answer

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?

Accepted Answer

The guilty act or physical element of a crime

Answer

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:

Accepted Answer

Reasonable articulable suspicion

Answer

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?

Accepted Answer

Double jeopardy

Answer

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?

Accepted Answer

To determine if probable cause exists to proceed to trial

Answer

A preliminary hearing determines whether sufficient probable cause exists for the case to proceed to trial.

BCJ - Bachelor of Criminal Justice Practice Test