Bremen School District 228 Social Studies CRT Criminal Law 55 Minutes – 60 Questions Directions: There are four court documents in this test and 24 multiple choice questions that match to these documents. Following are 36 multiple choice questions testing Criminal Law content knowledge and critical thinking skills taught during the semester. After reading a passage, choose the best answer to each question and fill in the corresponding oval on your answer document. You may refer to the passages as often as necessary. Written: Spring 2014 Authors: Andy Rybarczyk, Dan Stell, John Pfeffer, Brian McDonough 1 Document A: Source: Carroll v. United States, 267 U.S. 132 (1925). Case Overview: Carroll v. United States (1925). During the Prohibition Era, federal agents believed Carroll was selling liquor. They saw him driving on a highway, chased him, and pulled him over. When they searched the car, they found liquor and arrested Carroll. Carroll argued that a warrant was needed to search his car. The Supreme Court ruled that the warrantless search was valid because otherwise, Carroll might drive away and the evidence would disappear. In this case, the warrantless search was found to be constitutional. Writing for the Court, Chief Justice William Howard Taft said: ...the guaranty of freedom from unreasonable searches and seizures by the Fourth Amendment has been [understood], ... since the beginning of the Government, as recognizing a ... difference between a search of a store, ... house or other structure ... and a search of a ship, motor boat, wagon or automobile, ... where it is not practicable to secure a warrant because the vehicle can be quickly moved .... 1. What is the main question being asked by the case? (Standard 1 ­ Understanding) a. can police search a car without a warrant? b. is it legal to carry alcohol in a car? c. can police search a house without a warrant? d. is the Fourth Amendment constitutional? 2. What evidence best led the judge to judge to his decision? (Standard 1 ­ Understanding) a. the man was in car b. the man was intoxicated c. the main was a bootlegger d. the man was in his house 3. Which detail best shows the judges reason for his decision? (Standard 1 ­ Application) a. the police office did not have a warrant b. Carroll had liquor in his car c. liquor was illegal d. the evidence could disappear 4. Which of the following statements would the judge agree with? (Standard 8 ­ Evaluation) a. police must always have a warrant to search a vehicle b. police could search a speed boat without a warrant c. police must demonstrate probable cause to the accused d. police must read the accused his rights before performing a search 2 Document B: Source: Katz v United States, 389 US 347 (1967). Case Overview: Katz v. United States (1967). The government believed Katz was giving people in other states gambling information over the phone. Federal agents put a bug ­ a device that allowed them to listen to conversations ­ on the outside of a public phone booth that Katz used. The bug produced evidence that led to Katz being convicted on gambling charges. Katz appealed, saying the recordings from the bug could not be used as evidence because they were obtained without a warrant. The Court of Appeals disagreed. But the Supreme Court agreed with Katz. The Court ruled that agents violated his Fourth Amendment rights, even though they did not actually enter Katz's phone booth. Justice Potter Stewart wrote the following: ... [T]he Fourth Amendment protects people, not places. What a person knowingly exposes to the public, even in his own home or office, is not a subject of Fourth Amendment protection. But what he seeks to [keep] as private, even in an area accessible to the public, may be constitutionally protected. 5. What is the main question being asked by the case? (Standard 1 ­ Understanding) a. Do police need a warrant to search a house? b. Do police need a warrant to bug a person’s house? c. Do police need a warrant to bug public places? d. Do police need a warrant to search a person’s car? 6. Which detail best shows the judges reason for his decision? (Standard 1 ­ Application) a.items that people make public are not eligible for warrantless search b. items that people keep private are not eligible for warrantless search c. the Fourth amendment protects places d. the Fourth amendment does not apply in bugging 7. Which of the following statements would the judge disagree with? (Standard 8 ­ Evaluation) a. police should obtain a warrant to bug an office b. police should obtain a warrant to bug a public phone c. police can use evidence in a case that was obtained illegally d. police’s evidence must be legally obtained to be admissible in court 3 Document C: Source: (DLK), Petitioner, v. United States of America, Respondent, Respondent. No. 99­8508, United States Supreme Court Reply Brief, January 22,2001. The use of the thermal imager in this case was not a Fourth Amendment search. The thermal imager detected heat radiating from the exterior of petitioner's house, and it did not invade the home or reveal detailed activities (or, indeed, any activities) within the home itself. As such, the imager represented a permissible means for law enforcement to gather information without previously obtaining a search warrant .... The view that the thermal imaging device used in this case presents a serious threat to privacy rests largely on the belief that the technology ... can acquire detailed information about the interior of a home. That claim is highly inaccurate. Thermal imagers do not function to read "heat signatures" of persons and objects within a building ....Here, the thermal imager did not detect private activity in a private place, but instead scanned a surface exposed to public view in order to detect the physical fact of relative heat [escape]. That ... observation does not infringe a ... reasonable expectation of privacy. 8. Thermal imaging allows police to do which of the following in this case (Standard 1 ­ Understanding) a. allow police to scan the heat signatures of people inside b. allow police to determine conclusively that illegal activity is occurring in the house c. allow police to scan the heat signatures on the surface d. allow police to visually see activities occurring in and around the house 9. Which detail best shows the judges reason for his decision? (Standard 1 ­ Application) a. police must obtain a warrant to use thermal imaging b. a threat to privacy is presented by thermal imaging c. thermal imagers were used to detect private activity within the home d. thermal imagers scanned a surface in public view 10. According to information in the text, which of these scenarios could police use thermal imaging without a warrant? (Standard 1 ­ Application) a. scanning the inside of a house b. scanning the surface of a car c. scanning the inside of a factory d. scanning the the office of a company president 11. Which statement would the judge not agree with? (Standard 8 ­ Evaluation) a. Police do not need a warrant to use thermal imagers to scan a backyard b. Thermal imagers violate privacy rights c. Evidence gained through the use of thermal imagers can be used in court d. Police can obtain a warrant before using thermal imagers to scan any residence 4 Document D: Source: (DLK), Petitioner, v. United States of America, Respondent. No. 99­8508, United States Supreme Court Petitioner's Brief, November 13, 2000. The text of the Fourth Amendment expressly provides for protection of the home against unreasonable searches and seizures. This Court has repeatedly emphasized that the right to retreat and be free in one's home from unreasonable government intrusion is at the very core of the Fourth Amendment. ... [DLK] certainly had a subjective and reasonable expectation of privacy in the activities he conducted in his home. He took normal precautions against observation by conducting his activities inside his home. The Fourth Amendment does not require that citizens take extreme measures to protect the privacy of what one cannot see, feel, hear, taste, or smell out of fear that the government might be able to employ new technologies that reveal what may be going on inside their homes. [DLK] did not knowingly expose his conduct, or his thermal radiation, to the public. Thermal imaging is extrasensory and permits the police to "see" what is invisible to the naked eye, even though thermal radiation is not intentionally exposed to public view ... When technology can exceed the natural senses, it subverts the human ability to con​
tain private matters in a normal way and threatens the core expectation of privacy in the home. Society regards as reasonable the expectation of privacy from such intrusive scanning of the home. Thermal imagers should be used only when authorized by a warrant. 12. Thermal imaging allows police to do which of the following in this case (Standard 1 ­ Understanding) a. allow police to scan the thermal radiation of people inside the house b. allow police to scan the radiation of items in the street c. allow police to scan the heat signatures on the surface d. allow police to visually see activities occurring in and around the house 13. Which detail does NOT show the judges reason for his decision? (Standard 1 ­ Application) a. the fourth amendment protects against illegal search and seizure b. thermal imagers do not need a warrant to be used c. thermal radiation was used to detect private activity within the home d. citizens do not need to take extreme measures to protect their privacy 14. Which of the following claims does not fit with the judge’s decision? (Standard 8 ­ Evaluation) a. Thermal imaging does not violate a person's privacy rights b. Police can use thermal imaging with a warrant c. Thermal imaging is a useful tool for the police to use in catching criminals d. Police must respect the 4th amendment rights of individuals 5 15. Which of the following statements is BEST supported by information presented in the graphic? (Standard 7 ­ Application) a. Most of those who are arrested eventually end up being incarcerated b. Most cases accepted for prosecution end up having a jury trial c. Many crimes go unreported d. Juveniles utilize the same court system as adults 16. Which of the following conclusions is LEAST supported in the graphic? (Standard 7 ­ Analysis) a. Many crimes are not solved by the police b. Of the people arrested, all are not prosecuted c. Many criminals plead out before reaching trial d. Incarceration is the only means of punishing convicted criminals 6 17. Which of the following is BEST supported by information presented on the graph? (Standard 7 ­ Application) a. All criminals are eventually arrested b. Property criminals are arrested and cleared more often than violent criminals c. Violent criminals are arrested and cleared more often than property criminals d. Criminals who commit rape are arrested and cleared more often than any other type of criminal 18. What piece of information is not contained within the graph? (Standard 7 ­ Analysis) a. arrest rates of burglars b. rates of violent and property crime c. raw numbers of the number of crimes committed d. crime rates for the year 2010 7 19. Which of the following statements is BEST supported by the graph? (Standard 7 ­ Application) a. More crimes are occurring each year in America b. Crimes are becoming more violent each year c. Criminals are being caught at a lower rate each year d. Violent crime is decreasing each year 20. The information presented would BEST support an article entitled (Standard 7 ­ Analysis) a. The effects of increasing violent crime in America b. How the government isn’t stopping crime c. America’s successful war on crime d. America’s violation of the 4th amendment and how it has stopped crime 8 21. Which piece of information is BEST supported by this map? a. More violent crime happens on the north side than the south side b. Downtown Chicago has the lowest crime rates c. The south side has more violent crime than the north side d. The East Side and Hegewische have high violent crime rates 9 22. What piece of information is not contained within the graph? (Standard 7 ­ Analysis) a. The violent crime rates of Chicago broken down by neighborhood b. The 2005 violent crime rates c. The property crime rates of 2005 d. The violent crime rate of the downtown area 23. What information is BEST supported by the graph? (Standard 7 ­ Application) a. Portionally the prison population matches the US population ratio b. Whites make up the biggest proportion of prison inmates c. Blacks make up a higher ratio of prisoners than their population ratio d. Prison ratios are equally balanced between ethnicities 24. The information provided in this graph would BEST support an article entitled a. Minorities outpace whites in prison b. Whites overtake American population in prison and city c. Hispanics see less in jail than in neighborhood ratio d. American prisons strive to achieve balance 25. Assume a case is pending in which the State of Illinois charges John Doe with armed robbery of a convenience store. This is an example of: a.a civil case b.a criminal case c.a mediation d.an arbitration 10 26. Using the same facts as the preceding question, assume that the State of Illinois is trying to put John Doe in prison for at least ten years. It follows that armed robbery is? a. a felony b. a misdemeanor c. a private wrong d. not a crime 27. Using the same facts as the preceding question, to win a conviction, the State of Illinois must prove John Doe is guilty by what standard of proof? a. preponderance of the evidence b. clear and convincing evidence c. beyond a reasonable doubt d. Doe must confess to the crime 28. Suppose that in the course of the alleged armed robbery of the convenience store, John Doe allegedly pushed Sally Smith to the ground, breaking her wrist. If Sally Smith sues John Doe for damages, this is? a.a civil case b. a criminal case c. a mediation d. an arbitration 29. To hold John Doe responsible for her broken wrist, Sally Smith must satisfy what burden of proof? a. preponderance of the evidence b. clear and convincing evidence c. beyond a reasonable doubt d. Doe must admit responsibility 30. Passing by a dark alley at night, John hears a cry for help coming from the other end of the alley. No one else is around. He has a cell phone, but does not call 911. Instead, John walks home and goes to sleep. The next morning, he learns that a woman was murdered in the alley. John’s behavior that night is most accurately described as? a.a criminal act b.an immoral act c. both criminal and immoral d.a product of the “bystander effect” 11 31. A sign outside a public park reads: “No vehicles in the park.” Based on this sign, a police officer confiscates (takes away) the toy cars that ten­year old John is playing with in the park. In taking this action, the officer has failed to apply properly which legal concept? a. supremacy clause b. separation of powers c. legislative intent d. precedent 32. Rob grabs 18­year Kevin after school and beats him up. If a criminal charge is brought against Rob, who would bring it? a.the government b.Kevin c. Kevin’s parents d. American Civil Liberties Union 33. Sam spends several hours drafting a well­written letter to the mayor of Tinley Park urging a statewide ban on all abortions. The letter contains many accurate statistics and is very persuasive, but the mayor does not respond or act as Sam requested. What principle of effective advocacy did Sam violate? a. he failed to carefully gather facts b. he did not use good communication skills c.he failed to accurately identify the level of government responsible for addressing the problem d. he went against the views of the majority in his community 34. What division in a police department investigates charges that officers are guilty of wrongdoing? a. strategic investigations b.intelligence c.internal affairs d.officer supervision 35. Which factor does not influence discretionary decisions of individual officers? a.background of the officer b. pressure from crime victims c. department policy d. All are factors that might influence police discretion 12 36. Historically, officers were allowed to use deadly force to prevent the escape of a suspected felon. This is known as the a.deadly force statue b.“shoot to kill” policy c.escaping suspect doctrine d.fleeing felon rule 37. Which of the following aspects of police work is the “backbone of policing” a.management b.administration c.patrol d.investigation 38. All of the following are reasons for the growth of private security in America except a.the fiscal crisis of the states b.public police agencies requesting assistance from private agencies c.an increase in fear of crime d.an increase in crimes in the workplace 39. The mission statement of which federal law enforcement agency includes law enforcement, counterintelligence, investigative support,law enforcement services,and direction, control, and administration? a.U.S. Marshals Service b.U.S. Customs Service c.Federal Bureau of Investigation d.Drug Enforcement Administration 40. A _____________________________ is responsible for the operation of a county jail. a.Sheriff b.uniformed patrol officer c.United States Marshal d.State Highway patrol officer 41. Enforcing the strict letter of the law characterizes the ____________ style of policing. a.Service b.Paternalistic c.Legalistic d.Watchman 13 42. Which of the following aspects of the police mission focuses on responding to quality­of­life offenses? a.providing services b.apprehending offenders c.preventing crime d.preserving the peace 43. First degree murder is best described as a.an accident that results in a person’s death b.the intentional, planned, premeditated killing of another person c.the accused being of unsound mind and displaying a lack of concern for human life d.a “heat of passion” that results in a death 44. Intentional touching or physical harm of another person without consent is a. assault b. battery c. larceny d. manslaughter 45. Determine which crime a person should be charged with if they prepare or plan to commit a crime with another. a. assault b. battery c. conspiracy d. embezzlement 46. One example of when duress can be used as a defense for the accused is when they claim a. “I was sleep­walking.” b. “It wasn’t me who did, it was this other guy.” c. “They put a gun to my head and made me do it.” d. none of the above 14 47. When the defense uses the temporary insanity defense, they are stating a. that the defendant planned the crime but is sorry for it now b. that the defendant had a legitimate reason to commit the crime c. that the defendant is not responsible for his or her actions due to a mental health d. that the defendant is emotionally unfit to live in regular society on a day to day basis 48. If a person is lured to commit a crime that they would not have otherwise committed, by a law enforcement official, this is an example of a. diminished capacity b. entrapment c. larceny d. mistake in fact 49. A lawyer might propose a self­defense plea for his client as a. defending one’s person when physically attacked b. doing to the other person before they do it to you c. stopping someone for incriminating you in a crime d. “an eye for an eye” 50. Criminal intent is distinguished as a. the evidence from a crime scene b. the state of mind of the accused person when the crime was committed c. how many people were involved in the crime d. who investigates the case 51. If a man is cleaning his gun in his home and it accidentally goes off and kills a young child, what type of criminal intent is this? a. General b. Purposeful c. Negligent d. Strict liability 52. The socialization of inmates into prison subculture is called a.schooling b.prisonization c.neutralization d.role development 15 53. The return to probationers to crime during or after probation is called a.retribution b.parole c.regularity d.recidivism 54. Which of the following are jails that are built and run using the combined resources of a variety of local jurisdictions? a.direct supervision jails b.regional jails c.privately run jails d.indirect supervision jails 55. The federal prison system is divided into two security levels: high maximum and low maximum. a.True b.False 56. Probation is the status of a convicted offender, who has been conditionally released from prison by an authority before the expiration of his or her sentence. a.True b.False 57. Which of the following is a supervision strategy that uses electronic technology to track offenders who have been sentenced to house arrest, or have been ordered to limit their movement while completing a sentence involving probation or parole? a.home confinement b.remote location monitoring c.community service d.conditional release 58. Probation, parole, home confinement, and electronic monitoring are examples of a.imprisonment b.lenient sentences c.restitution d.community­based corrections 16 59. Which of the following is the managed return to the community of an individual released from prison, and the successful transitioning of a released inmate back into the community? a.reentry b.probation c.mandatory release d.parole board 60. Probation is the most common form of criminal sentencing in the United States. a.True b.False 17