AJ 102 Criminal Procedures
Instructor Kelli Florman
Study Guide Chapter 1
1. Be able to give a reason that we have laws. [one point]
2. Which ancient written code of conduct asserted the power of the State, protected the weaker
from the stronger, and attempted to restore equity between the offender and the victim?
3. What was nothing more than a set of unwritten regulations and customs that acted as guidelines
for settling disputes, determining the inheritance of property, and dealing with persons who
committed crimes?
4. Which crime classification subjects the violator to the most severe punishment either by death,
imprisonment in a state prison, or imprisonment for more than a year?
5. Which crime classification subjects the violator to a punishment that is usually not more than a
year in jail?
6. Which crime classification subjects the violator to a fine or probation but, in most states, no
imprisonment?
7. What document is considered to be the forerunner of the present “due process” rights because it
granted the people of England certain political and civil rights?
8. In early England, when an offender or the offender’s family paid a price of horses or money in
order to bring about peace in the community, such payment was known as what?
9. Which amendment to the U.S. Constitution prohibits double jeopardy and prohibits compelling
a person in a criminal case to be a witness against him/herself?
10. Which amendment to the U.S. Constitution prohibits cruel and unusual punishment?
11. Which amendment to the U.S. Constitution affords the accused the right to a speedy and public
trial by an impartial jury and the right to have the assistance of counsel?
12. Which amendment to the U.S. Constitution prohibits states from depriving any person of life,
liberty, or property without due process of law and from denying any person the equal
protection of the laws?
13. Be able to list three of the twenty-nine California Codes that final laws may be "chaptered"
under. [one point each] – Answer not in text book.
14. The regulatory rules passed by agencies falling under the executive branch of government are
called what? – Answer not in text book.
15. The court interpretations of law contained in published, written opinions of appellate or
supreme courts are called what? – Answer not in text book.
16. In California, can voters act directly to change laws when they think the legislature and courts
are not doing the right thing? – Answer not in text book.
17. Courts of ___________ jurisdiction are granted authority to hear and decide all issues that are
brought before them and normally hear all major civil or criminal cases.
18. Juvenile courts, bankruptcy courts, and probate courts are examples of courts of ___________
jurisdiction.
19. Trial courts in California are called what? – Answer not in text book.
20. Appellate courts in California are divided into geographic areas called what? – Answer not in
text book.
21. How many justices sit on California’s Supreme Court? – Answer not in text book.
22. Must the California Supreme Court hear every case that is appealed to it? – Answer not in text
book.
23. __________ courts are the lowest level of the federal court system and have original
jurisdiction over cases involving a violation of federal statutes.
24. Which federal Circuit Courts of Appeals covers California?
25. What is the highest court in the land?
26. Be able to briefly explain the difference between jurisdiction and venue. [four points]
27. What is substantive criminal law? – Answer not in text book.
28. What is criminal procedure? – Answer not in text book.
AJ 102 Criminal Procedures
Instructor Kelli Florman
Study Guide Chapter 2
1. Which amendment to the U.S. Constitution protects against unreasonable searches and seizures
and requires probable cause before warrants are issued?
2. Be able to explain what the Exclusionary Rule says. [two points]
3. Be able to explain what the Inevitable Discovery Rule says. [two points]
4. In Weeks v. United States, the U.S. Supreme Court established the Exclusionary Rule and
applied it to federal action. Which U.S. Supreme Court case held that the Exclusionary Rule
applies to state action as well?
5. The constitution’s protection against unreasonable searches applies to what places?
6. Be able to pick from a list which statement about consent is least accurate.
7. Which doctrine authorizes seizure of evidence visible to a police officer who is lawfully in a
position to see and touch the evidence?
8. Do officers need to get a search warrant before they can look through garbage left out on a
sidewalk for pickup?
9. Must officers get a search warrant before they can seize evidence left behind in a hotel room
after someone checked out?
10. Do officers need to get a search warrant before they can search an open field located on private
property?
11. May an officer enter a commercial business during the time it’s open to the public and go
anywhere in that business that members of the public may go, and that access will not be
considered a search?
12. When an officer arrests someone from an automobile, may the officer search the passenger
compartment of that automobile to look for evidence of the crime or when the arrested person is
unsecured and near the vehicle? – Answer not in text book.
13. An officer sees a baggie of marijuana on the front seat of a car during a traffic stop. Does the
officer need a search warrant before searching the car looking for more drugs?
14. Does an officer need a search warrant before conducting an inventory of a vehicle that is about
to be lawfully towed?
15. Do officers need a search warrant before they are allowed to attach electronic beepers to the
exterior of cars and to follow the movement of those cars from a distance?
16. Are high schools allowed to randomly drug-test students who participate in interscholastic
activities?
17. Are high schools allowed to strip search students to look for any drug? – Answer not in text
book.
18. Is a visit by caseworkers to a welfare recipient’s home a search that therefore requires a search
warrant?
19. Firefighters may enter a building to put out a fire and may stay once a fire is extinguished, but
if they leave and desire to re-enter, must they obtain a search warrant?
20. May searches of persons or property entering the country be made without obtaining a search
warrant or establishing probable cause?
21. Must airport security officers first obtain a search warrant before they can search passengers or
luggage before take-off?
22. Must airport security officers first obtain a search warrant before they can search passengers or
luggage getting off a plane after landing? – Answer not in text book.
23. Do prison officials need a search warrant to read a prisoner’s mail?
24. Be able to pick from a list what is involved in the warrant process.
AJ 102 Criminal Procedures
Instructor Kelli Florman
Study Guide Chapter 3
1. The taking of a person into custody in the manner authorized by law is called ______________.
2. Define probable cause for arrest. [four points]
3. In order to make an arrest, the arresting officer must have what level of proof?
4. A/an __________________is a written order issued by the proper judicial officer upon a
showing of probable cause directing the arrest of a particular person.
5. Is an arrest with a warrant the most common form of arrest?
6. May police ever enter a private home without a warrant to make an arrest?
7. Which case developed the concept of the stop and frisk in 1968?
8. In order to make an investigative stop, a police officer must have what level of proof?
9. How long is an investigative stop allowed to last?
10. Be able to name two instances when a city police officer is allowed to make an arrest outside
the officer's city limits. [one point each]
11. Officers may use __________________ force to effect an arrest, to prevent escape, or to
overcome resistance.
12. Do police need an arrest warrant to search a person incident to an arrest?
13. Are police allowed to conduct a warrantless search of a dresser that is next to a person the
police just arrested?
14. Be able to give the full name of the U.S. Supreme Court case that requires police officers to
advise suspects of their constitutional rights before custodial interrogation. [one point]
15. Be able to pick from a list which people may be immune from arrest.
16. Be able to name the process occurring after arrest which consists of recording the arrest in
official law enforcement records and fingerprinting and photographing the accused. [one point]
17. In California, does an arrested person have the right to make phone calls? – Answer not in text
book.
18. Is a citation a written notice issued to a violator to appear in court?
AJ 102 Criminal Procedures
Instructor Kelli Florman
Study Guide Chapter 4
1. Are victims in California allowed to press charges and drop charges? – Answer not in text
book.
2. Be able to name two circumstances when a prosecutor may choose not to file charges.
[one point each] – Answer not in text book.
3. Be able to give two alternatives California prosecutors have to charging an individual.
[one point each] – Answer not in text book.
4. Be able to pick from a list which is not done during an initial appearance.
5. Must an arrested person be taken before a magistrate without unnecessary delay?
6. Be able to pick from a list which statement about a complaint is least accurate.
7. Does a magistrate have authority to dismiss charges against an accused?
8. What is the purpose of bail?
9. Does every arrested person have the right to post bail and be released before trial?
10. What may be used to post bail?
11. The fee that a bail bondsman charges to post someone’s bail is usually about what percent of
the amount of the bail?
12. Which amendment to the U.S. Constitution prohibits excessive bail?
13. Be able to pick from a list what a judge does not look at when setting bail.
14. Does the mere fact that one cannot post bail mean that the bail is excessive?
15. Be able to state what happens to the bail when a defendant has been released on bail and then
fails to appear in court. [one point]
16. The practice of releasing defendants after arrest merely upon their promise to appear in court is
known as what?
17. Are bounty hunters allowed to arrest defendants who skip out on bail?
AJ 102 Criminal Procedures
Instructor Kelli Florman
Study Guide Chapter 5
1. The defendant is given an opportunity to enter a plea to his or her charges during what step?
2. Which plea is an admission of every element of the offense charged, meaning no proof of the
crime needs to be presented?
3. Can a guilty plea ever be accepted if accompanied by a claim of innocence?
4. Which plea cannot be used against a defendant in a civil matter?
5. Which Amendment to the U.S. Constitution provides that no person shall be placed in jeopardy
of life or limb more than once for the same offense?
6. Be able to list two qualifications individuals must meet to be eligible to serve on a grand jury.
[one point each]
7. An indictment serves what purposes?
8. When an accused is charged with more than one felony, these additional crimes are referred to
as _______________ and may be included in the same indictment.
9. When a grand jury votes that the case against a defendant should proceed to trial, the grand jury
has determined that there is ________________ to believe that a crime has been committed and
the defendant committed it.
10. Must the vote be unanimous by a grand jury in order to return an indictment?
11. Be able to explain at least four differences between a grand jury hearing and a preliminary
hearing. [four points] – This is the SLO for the class and will be on the test!
12. Be able to name the official who investigates the cause of certain deaths that take place within
the county. [one point]
AJ 102 Criminal Procedures
Instructor Kelli Florman
Study Guide Chapter 6
1. Which Amendment to the U.S. Constitution guarantees to an accused the right to a speedy and
public trial by an impartial jury of the State and district where the crime was committed?
2. Be able to pick from a list which statement regarding change of venue is least accurate.
3. May criminal trials take place in any county selected by the prosecutor?
4. May a defendant waive his or her right to a speedy trial?
5. Does the statute of limitations provide that some prosecutive action must be commenced
against an accused within a certain limit of time after the crime is committed?
6. In California, what is the statute of limitations for offenses punishable by death or life without
parole? – Answer not in text book.
7. In California, what is the statute of limitations for rape? – Answer not in text book.
8. In California, what is the statute of limitations for offenses punishable by eight years or more in
prison? – Answer not in text book.
9. In California, what is the statute of limitations for offenses punishable by less than eight years
in state prison? – Answer not in text book.
10. In California, what is the statute of limitations for almost all misdemeanors and infractions? –
Answer not in text book.
AJ 102 Criminal Procedures
Instructor Kelli Florman
Study Guide Chapter 7
1. The laws in most states require that a trial jury consist of how many people?
2. Be able to explain what a bench trial is (also known as a court trial). [two points]
3. Did the U.S. Supreme Court hold that the defendant does not have a right to a jury trial in all
criminal cases?
4. Has the U.S. Supreme Court held that a jury of less than 12 persons violates the Due Process
Clause of the Fourteenth Amendment?
5. Is a public trial one in which the public is free to attend?
6. If no member of the public is present at a trial, must the trial be delayed until some member of
the public is present?
7. Is a gag order a court order limiting the amount of information about a case that may be given
to the press?
AJ 102 Criminal Procedures
Instructor Kelli Florman
Study Guide Chapter 8
1. What can be done with an unruly defendant according to the U.S. Supreme Court in Illinois v.
Allen?
2. Once a trial has begun and a defendant knowingly and voluntarily absented him or herself, may
the trial judge continue the trial in the defendant’s absence?
3. Under the 6th Amendment, must witnesses against a defendant appear in court to present their
facts?
4. Which amendment to the U.S. Constitution grants the right of assistance of counsel for the
accused in a criminal trial?
5. Does an accused have the right to counsel in petty cases?
6. Does a defendant have the right to counsel when submitting a guilty plea to the court?
7. Does a defendant have the right to counsel during the course of a custodial police interrogation?
8. Does a convicted offender have the right to counsel at the time of sentencing?
9. Does the state have to provide counsel for indigent defendants for a preliminary hearing?
10. Does a defendant have the right to counsel at trial whenever he/she may be imprisoned, even
for one day, for any offense, whether classified as a misdemeanor or felony?
11. Be able to pick from a list which statement regarding a defendant’s waiver of counsel is most
accurate.
12. Be able to give a reason a person may want to represent him or herself. [one point]
AJ 102 Criminal Procedures
Instructor Kelli Florman
Study Guide Chapter 9
1. Be able to state generally what it means when the prosecutor or defense files a motion with the
court. [two points]
2. A defense attorney wants to inspect, review, and copy certain materials held by the prosecutor
that are anticipated to be introduced as evidence during the trial. What motion should the
defense attorney file?
3. Was the right of pretrial discovery created primarily for the benefit of the prosecutor to help
ensure a fair trial?
4. Be able to name two penalties a judge may impose if a prosecutor fails to furnish required
discovery material. [one point each] – Answer not in text book.
5. A defense attorney believes that police illegally obtained evidence against her client, and she
wants the court to exclude that evidence from trial. What motion should the defense attorney
file?
6. When a judge dismisses charges against a defendant, may the prosecutor ever refile the
charges?
7. Be able to name two legal reasons a defendant might give when moving for a continuance.
[one point each]
8. Be able to name three reasons a prosecutor may move to dismiss charges against a defendant.
[one point each]
9. If the accused commits a series of crimes, must separate trials always be held for each crime?
10. A defendant wants to have a trial separate from the trial of any co-defendants. What motion
should the defendant file?
11. ______________ refers to the accused’s mental state at the time of trial.
12. A defendant is competent to stand trial whenever what?
13. If the competency of the defendant is in question, what happens?
14. During a pretrial conference, may a judge ask the approximate number of days each side
anticipates taking to present its case?
15. During a pretrial conference, attorneys for both sides may ___________ certain facts, meaning
that they agree about those facts and they can tell them to the jury with no need to present
testimony during trial to prove them.
16. Is plea bargaining the most common disposition of cases in California? – Answer not in text
book.
17. Is plea bargaining generally prohibited in California in serious felony cases and DUI cases? –
Answer not in text book.
18. Can a negotiated plea ever be withdrawn?
19. Be able to pick from a list which is not a crime that may be diverted from the criminal justice
process and into a treatment, rehabilitation, or other correctional program. – Answer not in text
book.
20. What is it called when a prosecutor agrees to dismiss a minor case after a six-month
continuance if no further problems occur in that six-months? – Answer not in text book.
21. Be able to name one benefit of plea bargaining for the prosecutor and one benefit for the
defendant. [one point each]
AJ 102 Criminal Procedures
Instructor Kelli Florman
Study Guide Chapter 11
1. Our justice system is known as an adversarial system, which means what?
2. In California, are superior court judges elected to six-year terms? – Answer not in text book.
3. Be able to list four duties of the trial judge. [one point each]
4. Be able to give an example of direct contempt of court. [one point]
5. Be able to give an example of indirect contempt of court. [one point]
6. In most states, is the prosecuting attorney an elected official of the county?
7. Be able to list three duties of a prosecutor. [one point each]
8. Be able to list three duties of a defense attorney. [one point each]
9. Be able to pick from a list the title of an attorney who works for a county agency whose
function is representing indigent defendants (those who cannot afford an attorney of their own).
10. Which trial participant maintains all records of a particular case?
11. Which trial participant assists the judge in maintaining order in the courtroom?
12. Which trial participant records everything said during the trial proceedings?
AJ 102 Criminal Procedures
Instructor Kelli Florman
Study Guide Chapter 12
1. As long as the jury is made up of persons representing a cross section of the community in
which the trial takes place, is it regarded as comprising one’s peers?
2. Be able to pick from a list which is used to develop a list of potential jurors.
3. Be able to list three juror qualifications. [one point each]
4. What may disqualify a potential juror from serving?
5. Are those persons exempt from jury duty allowed to serve as jurors if they want to?
6. Be able to pick from a list which is not normally considered an undue hardship that may
exempt a person from serving as a juror.
7. Be able to explain what voir dire examination is. [two points] – Answer not in text book.
8. Be able to pick from a list which is not a ground for challenging a juror for cause.
9. Be able to pick from a list which is an example of implied bias.
10. Be able to explain what a peremptory challenge is. [two points]
11. Be able to pick from a list which statement about alternate jurors is least accurate.
12. Be able to explain what it means when a jury is sequestered. [two points]
AJ 102 Criminal Procedures
Instructor Kelli Florman
Study Guide Chapter 13
1. After the jury has been sworn in and the charge read to them, is the defense attorney the first to
present its evidence?
2. It is the burden of the prosecution to prove the defendant guilty by what level of proof?
3. Be able to give two exceptions to the hearsay rule. [one point each] – Answer not in text book.
4. Are eyewitnesses and victims examples of lay witnesses?
5.
An _________________ witness is an individual who has knowledge and skill in a particular
field that is beyond the knowledge of the average person on the street. [one point]
6. Persons are officially notified to appear in court as witnesses by a legal document known as a
_________________. (Be careful on your spelling.) [one point]
7
Direct examination means what?
8. During the direct examination, is the attorney supposed to ask leading questions?
9. Be able to pick from a list which statement about leading questions is most accurate.
10. Be able to give a legal reason an attorney may object to a question. [one point]
11. When the judge sustains an objection to a question, it means what?
12. When the judge overrules an objection to a question, it means what?
13. Be able to pick from a list which statement regarding cross-examination is most accurate.
14. Are the judge and jury ever allowed to ask questions of witnesses?
15. A directed verdict means what?
16. Be able to pick from a list the correct statement regarding the defendant who does not take the
stand in his or her own behalf.
17. After the defense has presented its side of the case and rests, may the prosecution present
additional evidence to rebut what the defense presented?
18. Be able to pick from a list which accurately states the M'Naghten test for insanity.
19. Must the defendant prove insanity by beyond a reasonable doubt?
20. Be able to name two syndromes that a defendant might raise as a defense. [one point each]
21. After both sides have presented their evidence, the next procedure in most jurisdictions is what?
AJ 102 Criminal Procedures
Instructor Kelli Florman
Study Guide Chapter 14
1.
Instructing the jury is also known as ______________ the jury. [one point]
2. May the judge give instructions even though they were not provided by the attorneys in the
case?
3. Be able to pick from a list which statement about jury instructions is least accurate.
4. Which persons are allowed to be present in the jury room during deliberations?
5. The duties of the foreperson include what?
6. How is reasonable doubt defined in California? – Answer not in text book.
7. May jurors take their notes, trial exhibits, and written instructions into the jury room with
them?
8. Be able to explain what a hung jury is. [two points]
9. Do all states require a unanimous verdict in a criminal trial?
AJ 102 Criminal Procedures
Instructor Kelli Florman
Study Guide Chapter 15
1. Be able to explain what it means when a jury is “polled.” [two points]
2. What may a judge do when a jury returns a verdict of guilty?
3. May the motion for a new trial be made at any time during the trial?
4. Be able to give two reasons that a judge may grant a defense motion asking for a new trial.
[one point each]
5. A mistrial may be declared when what general circumstance occurs?
6. Be able to list three grounds that a defendant may raise on appeal. [one point each]
7. In appealing a verdict, the attorney will submit to the appellate court a ____________ that sets
forth the alleged errors committed during the trial. [one point]
8. If a defendant enters a plea of guilty, is the defendant able to appeal in some states?
AJ 102 Criminal Procedures
Instructor Kelli Florman
Study Guide Chapter 16
1. Which amendment to the U.S. Constitution prohibits cruel and unusual punishment?
2. When a person is sentenced to imprisonment for a misdemeanor, where will the time normally
be served?
3. Be able to explain what a consecutive sentence is. [two points]
4. Be able to explain what a concurrent sentence is. [two points]
5. Are all crimes eligible for probation in California? – Answer not in text book.
6. Can probation be revoked if the probationer violates the conditions of probation?
7. What is the primary purpose of probation?
8. List four general conditions that may be imposed on an offender sentenced to probation. [one
point each]
9. List four general conditions that may be imposed on an offender sentenced to probation. [one
point each]
10. Under the "Three-Strikes" law in California, a person convicted of a felony after a previous
violent or serious felony conviction is subject to a prison term of ___________ the normal
length. – Answer not in text book.
11. Under the "Three-Strikes" law in California, a person convicted of a felony after two previous
violent or serious felony convictions is subject to a prison term of what? – Answer not in text
book.
11. Does every state have the death penalty?
12. Be able to give four examples of aggravating circumstances that may be considered during the
sentencing phase of a trial. [one point each] – Answer not in text book.
13. Be able to give four examples of mitigating circumstances that may be considered during the
sentencing phase of a trial. [one point each] – Answer not in text book.
14. In California, are convicted defendants sentenced immediately after the jury returns a guilty
verdict? – Answer not in text book.
AJ 102 Criminal Procedures
Instructor Kelli Florman
Study Guide Chapter 17
1. What refers to the procedure followed in returning an accused from one state or foreign country
to the state where the crime was committed for the purpose of prosecution?
2. What is an order to a custodial official to produce a prisoner in court to inquire into the
lawfulness of the prisoner's detention?
3. What is issued by an appellate court to permit the review of a decision or judgment by a lower
court?