Criminal Procedure (U.S.) MCQ Questions Answers

1. _____ is defined as a policy that prohibited communication between the FBI and CIA in regard to national security and terrorism.

2. _____ is congressional act passed in October 2001 that provides procedures to combat terrorism.

3. Is trap-and-trace device a device that records the numbers of calls coming in to a telephone?

4. _____ is known as system administered by the FBI that is used by federal agencies and by the airlines to detect and to monitor individuals suspected of varying degrees of involvement with terrorism.

5. _____ is defined as permits the U.S. government to intervene in any civil case and to ask the judge to prevent the presentation of evidence that would damage the security of the United States.

6. _____ is a search that is not disclosed to the subject of the search.

7. Is roving wiretap electronic surveillance authorized for any device used by the target of the investigation?

8. _____ is known as device that records the numbers of outgoing calls from an individual telephone.

9. _____ is defined as letter issued by the attorney gen­eral of the United States requesting information relevant to an inves­tigation of terrorism or secret foreign intelligence activities.

10. _____ is congressional act establishing military commissions that are provided with jurisdiction over any alien unlawful combatant who has engaged in hostilities or has intentionally and materially supported hostilities against the United States.

11. Is military commissions tribunals composed of military officers that are convened to prosecute noncitizen, unlawful combatants accused of terrorism?

12. _____ is known as warrant allowing the government to arrest a witness whose testimony is material to a case and who may flee in order to avoid testifying.

13. _____ is defined as special court that issues warrants for electronic surveillance and physical searches to investigate issues involving national security and terrorism.

14. _____ is Congressio­nal act that establishes procedures for national security electronic surveillance and searches.

15. Is extraordinary rendition the extra-legal transfer of a detainee from one country to another, typically for the purposes of enhanced interrogation?

16. _____ is known as an individual who, if captured in battle by U.S. military forces, does not qualify as a prisoner of war.

17. _____ is defined as congressional act that provides that no person in the custody or under the effective control of the Department of Defense shall be subjected to any treatment or technique of interrogation not authorized in the U.S. Army Field Manual on Intelligence Interrogation.

18. _____ is a group of three neutral commissioned officers of the U.S. armed forces who are appointed by the secretary of defense of the United States to deter­mine whether a detainee is an unlawful combatant.

19. Is authorization for Use of Military Force (AUMF) congressional authorization for the use of force?

20. _____ is known as military officers who review decisions of combat status review tribunals.

21. _____ is defined as states in which a sentence of death is based on balancing aggravating and mitigating circumstances.

22. _____ is law requiring that three felonies result in lengthy imprisonment or life in prison.

23. Is successive petition doctrine rule prohibiting the filing of a second habeas petition that raises a claim that has been presented in a prior petition?

24. _____ is known as punishment that is intended to deter a specific individual from committing additional crimes.

25. _____ is defined as a judicial hearing to determine a defendant’s criminal sentence.

26. _____ is a formula established by a state legislature for determining criminal sentences.

27. Is selective incapacitation punishment that singles out offenders who have committed designated offenses for lengthy incarceration?

28. _____ is known as right of a defendant to address the judge at a sentencing hearing.

29. _____ is defined as punishment that is intended to exact vengeance or revenge.

30. _____ is punishment that compensates the victim for the losses resulting from crime.

31. Is rehabilitation punishment that is designed to assist an individual who is criminally convicted to become a law-abiding and productive member of society?

32. _____ is known as report submitted to a judge by a probation officer containing factors that are relevant for establishing a defendant’s criminal sentence.

33. _____ is defined as exception that permits an appellate court to review an error that was not raised in the trial court.

34. _____ is a release from additional criminal punishment.

35. Is nonweighing states states in which the death penalty may be imposed once the jury finds an aggravating circumstance and that the death penalty is justified based on the totality of the circumstances?

36. _____ is known as an issue that is unnecessary for an appellate court to address.

37. _____ is defined as an appeal taken prior to the final verdict.

38. _____ is punishment intended to isolate an offender from society.

39. Is habeas corpus latin for “you have the body”; a writ of habeas corpus is an order issued by a judge to a government official (usually the warden of a correctional institution) to bring an imprisoned individual to court and explain why the individual is in detention?

40. _____ is known as criminal penalty intended to discourage individuals from committing a crime.

41. _____ is defined as rule that an appeal may be taken only following a verdict.

42. _____ is amendment to the U.S. Constitution that includes a prohibition on cruel and unusual punishment.

43. Is determinate or fixed-time sentencing a fixed and certain criminal punishment?

44. _____ is known as criminal sentences served one after another.

45. _____ is defined as criminal sentences served at the same time.

46. _____ is remedies that are available following the exhaustion of direct appeals.

47. Is clemency a reduction in a criminal punishment?

48. _____ is known as exception that allows a defendant who defaulted on his or her appeal to file a writ of habeas corpus if he or she is able to demonstrate that the state caused the default by withholding information or by some other misconduct or that the default resulted from ineffective assistance of counsel.

49. _____ is defined as a death sentence.

50. _____ is requirement that violation of a fundamental constitutional right during trial results in the reversal of a conviction on appeal.

51. Is actual innocence a claim on a petition for a writ of habeas corpus that the defendant did not commit a crime?

52. _____ is known as prohibition on filing successive writs of habeas corpus raising the same issue.

53. _____ is defined as failure to file timely state appeal for postconviction relief when an attorney has dropped the case without notice to the defendant.

54. _____ is examination of potential jurors.

55. Is vicinage selection of the jury from the area in which the crime is committed?

56. _____ is known as location of the trial.

57. _____ is defined as group of individuals from which a jury is selected.

58. _____ is a witness may not be prosecuted based on information derived from his or her testimony.

59. Is true bill records the names of the grand jurors issuing an indictment?

60. _____ is known as exemption from prosecution for any offense arising out of the act or transaction that is the subject of a witness’s testimony.

61. _____ is defined as a court order to produce documents.

62. _____ is a court order to produce a tangible object.

63. Is speedy trial sixth Amendment right to a trial without unreasonable delay?

64. _____ is known as substantial underrepresentation of a group on the jury venire.

65. _____ is defined as judge should remove himself or herself from a case based on a conflict of interest or bias.

66. _____ is the defense case at trial.

67. Is reasonable doubt the standard for a criminal conviction?

68. _____ is known as selecting the grand jury.

69. _____ is defined as motions filed before the beginning of a criminal trial.

70. _____ is A report filed by a grand jury with the court on criminal activity.

71. Is preliminary hearing determination whether a defendant should be bound over for trial?

72. _____ is known as agreement to plead guilty in return for a reduction in charges or other considerations.

73. _____ is defined as the jury.

74. _____ is removal of jurors without an obligation to state a reason.

75. Is pattern jury instructions standard jury instructions?

76. _____ is known as the prosecutor and defense attorney each indicate at the beginning of the trial the evidence that they plan to introduce during the trial.

77. _____ is defined as “No contest”; requires the permission of the court. This plea is used when a defendant, while not admitting guilt, does not dispute the charge.

78. _____ is testimony from jurors about internal jury decision making will not be used to attack a jury verdict.

79. Is no bill the grand jury refuses to indict an individual?

80. _____ is known as motion based on contention that “no reasonable juror could conclude that guilt was proven beyond a reasonable doubt.”

81. _____ is defined as four states require indictments for felonies punishable by capital punishment and life imprisonment.

82. _____ is a fundamental error that causes cancellation of a trial.

83. Is miscarriage an individual may be subjected to a second trial despite the fact that jeopardy has attached?

84. _____ is known as a mistrial based on the conclusion that public justice will not be served by continuing with the trial.

85. _____ is defined as potential jurors are selected by a small group of individuals.

86. _____ is a questioning of individual jurors regarding whether they support the jury verdict.

87. Is jury nullification a jury’s refusal to follow the law and acquittal of a defendant?

88. _____ is known as a judge’s direction to the jury regarding the law.

89. _____ is defined as a prosecutor’s closing statement that responds to a statement by the defense attorney.

90. _____ is a jury unable to reach a verdict.

91. Is hearsay a witness’s testimony about what someone else said that is introduced to prove the “truth” of a fact or facts?

92. _____ is known as the jury must be selected from a group of individuals that fairly represents the community.

93. _____ is defined as the judge instructs jurors who are in the minority to reconsider the reasonableness of their views.

94. _____ is an individual may be prosecuted twice for the same offense by different jurisdictions.

95. Is double jeopardy prosecuting a defendant in the same jurisdiction on two occasions for the same offense?

96. _____ is known as questions regarding the direct testimony of a witness.

97. _____ is defined as sixth Amendment right of a defendant to confront his or her accusers.

98. _____ is sixth Amendment right to compel the appearance of witnesses.

99. Is collateral estoppel a fact established in a trial is assumed to be established in other prosecutions?

100. _____ is known as summary of the evidence by the prosecutor and defense.