CP Criminal Law and Procedure Questions and Answers

Question 1

A police officer conducts a lawful traffic stop for a broken taillight.
As the officer approaches the vehicle, she sees a baggie containing a white, powdery substance on the passenger seat in full view.
Which legal doctrine allows the officer to seize the baggie without a warrant?

Accepted Answer

Plain view doctrine

Answer

Inevitable discovery rule

Answer

Terry frisk exception

Answer

Good faith exception

Question 2

In a criminal trial, the prosecution has the sole responsibility to prove the defendant's guilt. What is the standard of proof that the prosecution must meet for a conviction?

Accepted Answer

Beyond a reasonable doubt

Answer

Preponderance of the evidence

Answer

Clear and convincing evidence

Answer

Probable cause

Question 3

Which of the following constitutional protections is guaranteed by the Sixth Amendment to the U.S. Constitution?

Accepted Answer

The right to confront witnesses

Answer

The right to be free from unreasonable searches and seizures

Answer

The right against self-incrimination

Answer

The right to a grand jury indictment

Question 4

For a defendant to be convicted of common law larceny, the prosecution must prove the *actus reus*, which is the physical act of wrongfully taking another's property. What corresponding *mens rea* (mental state) must also be proven?

Accepted Answer

The intent to permanently deprive the owner of the property

Answer

A reckless disregard for the safety of the property

Answer

A negligent failure to obtain permission

Answer

The knowledge that the property was valuable

Question 5

In the federal criminal justice system, what is the primary function of a grand jury?

Accepted Answer

To determine if there is probable cause to issue an indictment against a suspect.

Answer

To decide the guilt or innocence of a defendant in a felony trial.

Answer

To act as the final appellate court for criminal convictions.

Answer

To determine if a sentence proposed in a plea bargain is appropriate.

Question 6

Police illegally enter a suspect's apartment without a warrant and find a diary. In the diary, the suspect mentions a hidden safe. Using that information, the police obtain a valid search warrant for the safe and find an illegal weapon inside. The weapon is likely to be suppressed under which legal principle?

Accepted Answer

The fruit of the poisonous tree doctrine

Answer

The public safety exception

Answer

The inevitable discovery doctrine

Answer

The good faith exception