Criminal Courts A Contemporary Perspective 3rd Edition By Hemmens - Test Bank

Chapter 2

Exam Questions

Multiple Choice Questions:

1. Which of the following is not a source of law?

a. Judicial opinions

b. Statutes

c. Constitutions

*d. Public opinion

2. Which of the following groups or individuals literally makes law?

a. Appeals court justices (as a group)

b. The Chief Justice of the U.S. Supreme Court (as an individual)

*c. Congress

d. The President of the United States

3. Violation of an administrative regulation is generally treated as a _____.

a. Regular crime

*b. Civil violation

c. Constitutional violation

d. Moral offense

4. Sources of individual rights include all but which of the following?

*a. Executive orders

b. Constitutions

c. Case law

d. Legislation

5. What was the primary reason, cited in the text, that the first attempt by the Continental Congress to

create a unified country failed?

a. There was no central government

*b. The central government had virtually no powerHemmens, Criminal Courts 3e Instructor Resource

c. The central government had too much power

d. The central government was run by an elected king

6. Which of the following is not a right mentioned in the U.S. Constitution?

a. Prohibition on bills of attainder

b. Prohibition on ex post facto laws

c. Right to habeas corpus

*d. Right to privacy

7. The First Amendment provides which of the following rights?

a. speech

b. press

c. assembly

*d. all of these rights

8. What Amendments prohibits the forced quartering (housing) of soldiers?

a. in the Second Amendment

*b. in the Third Amendment

c. in the Seventh Amendment

d. nowhere in the Constitution

9. The Fourth Amendment bans all searches and seizures that are _____.

a. “Unforeseen”

b. “Uncomfortable”

c. “Irrational”

*d. “Unreasonable”

10. What is the level of proof required to search a place or seize an item or person?

a. Absolute certainty

b. Beyond a reasonable doubt

*c. Probable cause

d. Preponderance of the evidenceHemmens, Criminal Courts 3e Instructor Resource

11. The protection from double jeopardy is found in the _____.

a. Third Amendment

*b. Fifth Amendment

c. Sixth Amendment

d. Seventh Amendment

12. What is it called when the trial jury is unable to reach a unanimous verdict in a case that requires

unanimity?

*a. a hung jury

b. an acquittal

c. a conviction

d. an indictment

13. The requirement of the Miranda warning is based in which Amendment?

a. First

b. Fourth

*c. Fifth

d. Eighth

14. Which of the following rights are not found in the Sixth Amendment?

a. Trial by an impartial jury

b. Public trial

c. Representation by counsel

*d. Defendant not required to testify

15. At what point does the law require a defendant be allowed assistance of counsel?

a. As soon as the crime in question has been committed

*b. At a critical stage in the investigative process

c. At the point of arrest

d. At the beginning of the trial process (i.e., first appearance)

16. Opponents of gun control legislation seize upon this Amendment as support for their claim that the

state may not limit the use and possession of firearms.

a. FirstHemmens, Criminal Courts 3e Instructor Resource

*b. Second

c. Fifth

d. Eighth

17. Which commonly held right