Philip V. Moore BCJ 240 Procedures in the Justice System Final Examination BCJ 240 Procedures in the Justice System 71. Psychological research suggests that human memory goes through each of the follo

Philip V. MooreBCJ 240Procedures in the Justice SystemFinal ExaminationBCJ 240 Procedures in the Justice System71. Psychological research suggests that human memory goes through each of the followingstages, EXCEPT the __________ stage.a. retentionb. processingc. acquisitiond. retrieval72. Studies referred to in the text have shown each of the following EXCEPT ______________.a. mentioning an event enhances its likelihood of recallb. post event suggestion can alter memoryc. mentioning nonexistent objects can cause witnesses to report having seen themd. prior to any suggestion, children have better recall than adults73. Proposals to improve lineups include each of the following EXCEPT ______________.a. conducting lineups in a simultaneous mannerb. establishing double-blind proceduresc. lineups constructed by an officer who is the same race as the suspectd. allowing testimony by expert witnesses74. Under current federal law, the due process test of entrapment ______________.a. is the equivalent of the objective testb. has supplanted the subjective testc. applies if government inducement occurs on the same day as the defendant’sCriminal actd. has been applied by courts75. In practice, the entrapment defense ______________.a. is widely used by defendants charged with drug crimesb. is relied on uniformly in the states in proportion to the state’s populationc. is relied on mostly in all large population states, but not in low population statesd. varies in use over time with United States Supreme Court decisions76. The outrageous conduct test of entrapment _____________.a. has been applied by lower federal courtsb. is based on a court’s supervisory powerc. was adopted by the United States Supreme Court in U.S. v. Russell (1973)d. was adopted by the United States Supreme Court in Hampton v. U.S. (1976)77. The Ohio Supreme Court gave each of the following reasons for selecting the subjective testof entrapment, EXCEPT _____________.a. the objective test can result in convicting otherwise innocent peopleb. the objective test relies on a legal fictionc. real criminals can be released under the objective testd. in practice the objective test can lead to swearing contests78. Each of the following is a function of undercover policing, EXCEPT __________.a. intelligenceb. facilitationc. deterrenced. prevention79. Undercover police work does NOT include ___________.a. agent fautorsb. agent provocateursc. decoysd. stings80. The Abscam sting operation was targeted at _____________.a. political corruptionb. organized crimec. white-collar crimed. terrorist cells81. A negative consequence of undercover policing NOT included in the text is _____________.a. the killing of an innocent personb. the conviction of an innocent personc. psychological harm to undercover agentsd. all of the above are included82. Appropriate administrative guidelines for controlling undercover policing, as suggested byAbscam coordinator Irvin Nathan, in general terms, does NOT include ______________.a. ensuring that the criminal activity is clearly knownb. testing the probity of the undercover officers before the operation commencesc. being reasonably sure that the undercover operation will reveal illegal activitiesd. keeping the offered inducements within reasonable limits83. Which of the following is a grand jury reform that is NOT advocated?a. abolishing the grand juryb. opening grand jury proceedings to the publicc. allowing attorneys of witnesses into the grand jury roomd. allowing targets of the grand jury investigations to testify84. A function of the preliminary examination includes _____________.a. preserving testimony for trialb. issuing a subpoena for the witnessesc. granting immunity to witnessesd. protecting the anonymity of suspects before formal charges are filed85. Regarding the preliminary examination, _____________.a. a defendant must have one in states that do not use grand juries to indictb. the standard to bind-over is a preponderance of evidencec. it is open to the publicd. counsel is not required to represent the defendant86. The best reason for prosecutorial resistance to discovery is ____________.a. fear that evidence will be misused by guilty defendantsb. the desire to winc. rigid adherence to the adversary theory of the triald. the expense87. The Jenks Act allows defendants ______________.a. access to DNA evidenceb. access to all of the prosecutor’s physical evidencec. the right to ask judges to review classified evidenced. to obtain lists of government witnesses88. The limited discovery rules under Brady v. Maryland (1963) ______________.a. are based on the Equal Protection Clauseb. apply only when the defense makes a request for evidencec. pertain to all qualities of evidenced. apply only to evidence pertaining to guilt89. The Supreme Court, in cases decided between 1935 and 1967, ruled that all of theFollowing constitutes prosecutorial misconduct EXCEPT ____________.a. deliberate deception by the presentation of testimony known to be perjuredb. introducing evidence creating a false impression regarding a material fact, whether ornot the prosecutor knew of its inaccuracyc. allowing a witness to testify that he had been paid to testify without correcting theStatementd. presenting material physical evidence as incriminating when it was not90. James Liebman and colleagues found that the overall error rate in capital convictions from1973 to 1995 was __________ percent.a. 8b. 27c. 41d. 6891. According to Prof. Brian Forst, prosecutors overtly measure success by ____________.a. evenhanded and fair proceduresb. enhancing the legitimacy of the criminal justice systemc. conviction ratesd. crime reduction92. The right of a defendant to be present at his or her criminal trial ___________.a. allows the jury to visit the crime scene without the defendant presentb. allows a judge to meet only with a juror made nervous by the defendant and theDefendant’s lawyerc. disallows a prosecutor from commenting to the jury on closing argument that thedefendant had the benefit of listening to witnesses before he testifiedd. allows a trial to continue without the presence of an absconding defendant21Final ExaminationBCJ 240 Procedures in the Justice System93. Illinois v. Allen (1970) held that a judge can do each of the following to deal with an unrulyCriminal defendant, EXCEPT __________.a. read an instruction to the jury indicating they can consider the defendant’s behaviorb. bind and gag the defendant during the trialc. cite the defendant for contemptd. remove the defendant from the courtroom until he promises to conduct himself properly94. It is generally fair in a criminal jury trial for __________.a. the defendant to have visible ankle chainsb. the defendant to wear “Jail” stenciled clothesc. the defendant does not have to wear visible handcuffsd. a row of guards to sit in the first row of the audience section just behind the defendant95. Under the Sixth Amendment Compulsory Process Clause, a(n) ____________.a. state law can forbid one accomplice to testify for anotherb. trial judge can warn a witness, who is a state prisoner, that perjury would extend his/herPrison term and be counted against him/her by the parole boardc. INS deportation of an illegal immigrant, who might be called as defense witness in acriminal trial, can occurd. rule that entirely blocks the records of a protective service (youth) agency to adefendant’s parent in an incest case is allowed96. The state has ___________.a. no due process obligation to preserve evidenceb. a due process obligation to preserve evidence in all felony casesc. a due process obligation to preserve evidence in rape and homicide casesd. a due process obligation to preserve evidence in all cases97. In a criminal jury trial where the defendant did not testify, the trial judge may __________.a. comment on silence if requested by the defendantb. never comment on the defendant’s silencec. comment on the defendant’s silence if necessary only in capital casesd. freely comment on the defendant’s silence if the comment sounds reasonable22Final ExaminationBCJ 240 Procedures in the Justice System98. The functions of the Confrontation Clause include each of the following, EXCEPT to__________.a. discourage deliberate witness perjuryb. support the witnesses’ sense of participation in a just resultc. allow an innocent defendant to figure out the source of perjured testimonyd. bring out the whole truth in the case99. Under the Confrontation Clause, the Supreme Court has ruled that hearsay statementsmadeby the following are admissible, EXCEPT a(n) ___________.a. witness who testified at an earlier trial and permanently resides in a foreign countryb. unavailable witness who testified in an earlier preliminary examinationc. secret police informantd. deceased witness who testified in an earlier trial100. In cases involving testimony of children in sex-abuse cases, the Supreme Court has heldthat ___________.a. the defendant must be included in an in-chambers hearing in which the judgedetermines the ability of the child to be a witnessb. a state can prevent eye-to-eye contact between the defendant and victim in all suchtrials where children are 10 years old or youngerc. a state can prevent eye-to-eye contact in such trials between the defendant and victimon a case-by-case basisd. a pediatrician’s testimony regarding an examination of a sex-abuse victim isadmissible, although detailed notes were not kept