Criminal Justice Advanced Topics 3 — Questions and Answers
Question 1: The exclusionary rule's 'fruit of the poisonous tree' doctrine was established in which case?
- Terry v. Ohio
- Chimel v. California
- Wong Sun v. United States (Correct answer)
- Katz v. United States
Correct answer: Wong Sun v. United States
Wong Sun v. United States (1963) extended the exclusionary rule to evidence derived from an initial illegal search or seizure.
Question 2: A defendant claims entrapment. Under the subjective test used in federal courts, the key question is whether the defendant had what?
- A predisposition to commit the crime before government contact (Correct answer)
- A prior criminal record of any kind
- Knowledge that the agent was undercover
- An opportunity to withdraw from the crime
Correct answer: A predisposition to commit the crime before government contact
The subjective entrapment test asks whether the defendant was predisposed to commit the offense before being induced by government agents.
Question 3: Which type of criminal intent involves consciously disregarding a substantial and unjustifiable risk?
- Purpose
- Strict liability
- Recklessness (Correct answer)
- Negligence
Correct answer: Recklessness
Under the Model Penal Code, recklessness means consciously disregarding a substantial and unjustifiable risk, while negligence involves failing to perceive it.
Question 4: In problem-oriented policing, the SARA model stands for which sequence?
- Surveillance, Apprehension, Review, Action
- Search, Arrest, Report, Adjudicate
- Strategy, Allocation, Resources, Accountability
- Scanning, Analysis, Response, Assessment (Correct answer)
Correct answer: Scanning, Analysis, Response, Assessment
SARA (Scanning, Analysis, Response, Assessment) is the four-step process used in problem-oriented policing to address recurring crime problems.
Question 5: Which federal law governs the interception of wire, oral, and electronic communications by law enforcement?
- The Hobbs Act
- The Posse Comitatus Act
- The Freedom of Information Act
- Title III of the Omnibus Crime Control and Safe Streets Act (Correct answer)
Correct answer: Title III of the Omnibus Crime Control and Safe Streets Act
Title III of the 1968 Omnibus Crime Control and Safe Streets Act sets strict warrant requirements for wiretaps and electronic surveillance.
Question 6: A juvenile is transferred to adult criminal court through a process most commonly called what?
- Diversion
- Habeas corpus
- Judicial waiver (Correct answer)
- Nolle prosequi
Correct answer: Judicial waiver
Judicial waiver is the process by which a juvenile court judge transfers jurisdiction over a minor to adult criminal court.
Question 7: The concept of 'collective incapacitation' in sentencing policy refers to what?
- Community-wide curfews after major crimes
- Group therapy programs inside prisons
- Confining only the most dangerous repeat offenders
- Imprisoning broad categories of offenders to reduce overall crime (Correct answer)
Correct answer: Imprisoning broad categories of offenders to reduce overall crime
Collective incapacitation imprisons entire classes of offenders, unlike selective incapacitation, which targets predicted high-rate offenders.
The exclusionary rule's 'fruit of the poisonous tree' doctrine was established in which case?