CJA 364 Week 5 Final Exam
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Identify whether the following concept agrees with the Crime Control Model (A) or the Due Process Model (B). Try to think in terms of which favors the police (Crime Control) & which favors the defendant (Due Process).
A. Crime Control B. Due Process
1. Exclusionary Rule 6. Legal guilt
2. “Stop and Frisk” 7. Conveyor belt/assembly line
3. Miranda warnings 8. Speed and finality
4. Plea bargains 9. Factual guilt
5. Innocent until proven guilty 10. Obstacle course
If you feel the statement is falsemake sure you show how it could become a true statement in your own words (identify the main concepts and add this information under the question).
11. In Illinois v. Gates, the U.S. Supreme Court established the two-pronged test
which is used as a review for warrants obtained via informants’ tips.
This is referred to as the Aguilar–Spinell two-pronged test.
12. The Crime Control Model believes that a suspect is innocent until proven
guilty and the main focus for the court should be the “legal” guilt.
This is the due process model.
13. A “stop and frisk” search, based on the case of Terry v. Ohio, allows police to
single out any individual and search them based solely on the officers
This is true only when the officer has reasonable suspicion that the subject is armed and dangerous. A “stop and frisk” allows the officer to frisk for weapons only.
14. Probable cause can be based on an officer’s personal observations,
knowledge from the officer’s training and experience, reliable (proven)
informant tips, or by corroborating tips through investigation.
15. The Exclusionary Rule prohibits police from using anonymous informants in
obtaining evidence against a suspect.
The exclusionary rule prohibits police from using evidence obtained from an unconstitutional search or seizure.
Choose the best answer from the choices provided.
16. Police officers need to establish the following for a valid consent search:
a. an adult with apparent authority & control over the thing or place to be searched
b. a signed permission waiver
c. voluntary, un-coerced consent
d. a & c only
17. The following are all valid exceptions to the Fourth Amendment warrant
a. Abandoned property recovered in an unsecured area
b. Contraband seen in plain view by police
c. Police searching someone incident to arrest
d. When there is potential danger to someone’s safety or to stop the imminent destruction of evidence
e. Entering an apartment because a neighbor says she smells marijuana smoke from within and is sure the residents are using and selling drugs
18. The process by which the prosecutor and the defense attorney, along with the judge, question potential jurors in order to identify those who may have a bias toward the defendant is known as:
a. reasonable doubt
b. res ipsaloquitor
d. voir dire
e. totality of the circumstances
19. Based on Miranda v. Arizona, when must police officers advise a subject of
their rights (to remain silent and the right to have an attorney)?
a. when they first arrive at the scene of a call-for-service
b. once the police have taken the suspect into custody and will be asking questions intended to elicit a confession from the suspect
c. when the subject says he knows his rights
d. after the police have talked to the victim and/or witnesses
20. A person has a right to an attorney based on the Sixth Amendment in which
of the following circumstances:
a. during an investigatory or traffic stop
b. at a photo array identification
c. at an arraignment or bond hearing
d. none of the above
Fill in the Blanks. By all means, use your Internet and look these up. I’m not allowed to give any extra credit, so think kindly on me for these last five questions. THIS IS NOTEXTRA CREDIT YOU MUST ANSWER THESE QUESTIONS.
21. Clemenza: “Leave the gun. Take the cannoli.”
22. Chief Hubbard: “Is this the man who crashed through Victor Maitland’s window.”– you have several options here, only one is necessary.
23. Callahan: “I know what you’re thinking, punk. You’re thinking, ‘Did he fire six shots or only five?’ Now to tell you the truth I forgot myself in all this excitement. But being this is a .44 Magnum, the most powerful handgun in the world and will blow your head clean off, you gotta ask yourself a question: ‘Do I feel lucky?’ Well, do ya, punk?”
24. Waiter: “Would you like some drinks, Señor, while you wait? I will put it on the Underhills’ bill.”
Fletch: “Yes, very good. I’ll have a Bloody Mary and a steak sandwich and…a steak sandwich, please
25. Elwood: “I bet these cops got SCMODS.”
Elwood: “State County Municipal Offender Data System.”
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