U.S. Constitution & Criminal Law Quiz
50 Questions
2 Views

Choose a study mode

Play Quiz
Study Flashcards
Spaced Repetition
Chat to Lesson

Podcast

Play an AI-generated podcast conversation about this lesson

Questions and Answers

Which amendment to the U.S. Constitution protects the right to protest?

  • First Amendment (correct)
  • Second Amendment
  • Sixth Amendment
  • Fourth Amendment

What is the maximum penalty for a 2nd degree misdemeanor?

  • Life imprisonment without parole
  • 60 days in county jail and/or a fine up to $500, or both (correct)
  • One year in a county jail and a fine of up to $1000
  • A fine of $100 and 30 days in county jail

Which of the following is an example of a capital felony?

  • Petty theft
  • Sexual battery on a child younger than 12 by a person 18 or older (correct)
  • Aggravated assault
  • Possession of a controlled substance

Which amendment protects individuals from unreasonable search and seizure?

<p>Fourth Amendment (B)</p> Signup and view all the answers

What is the primary characteristic that distinguishes a felony from a misdemeanor?

<p>The maximum possible incarceration sentence (C)</p> Signup and view all the answers

According to the plain touch/feel doctrine, what is the primary requirement for an officer to legally seize an item during a frisk?

<p>The item must be readily recognized as contraband. (B)</p> Signup and view all the answers

What is the legal standard required for a conviction in a criminal trial?

<p>Proof beyond a reasonable doubt. (C)</p> Signup and view all the answers

A police officer stops a vehicle for a broken tail light, but their true intention is to investigate suspected drug activity. What term best describes this type of stop?

<p>Pretext stop (D)</p> Signup and view all the answers

Which of the following best describes 'probable cause'?

<p>Fair probability or reasonable grounds to believe a crime has been or is being committed based on the totality of circumstances. (A)</p> Signup and view all the answers

Under what circumstances does a 'seizure' occur?

<p>When an officer affects a person's right to have or control their property or physically arrests/detaines them. (A)</p> Signup and view all the answers

Which of the following is NOT a requirement for a valid search warrant?

<p>It must be based on information from a confidential informant. (C)</p> Signup and view all the answers

Under the plain view doctrine, what three conditions must be met for law enforcement to legally seize an item?

<p>The officer is in a location they are legally allowed to be, the item is in plain sight, and there is probable cause to believe the item is contraband or evidence of crime. (D)</p> Signup and view all the answers

What is the primary legal requirement for conducting a search of a mobile conveyance without a warrant?

<p>Probable cause that evidence of a crime is inside the vehicle (B)</p> Signup and view all the answers

In the context of a vehicle search, what area is typically included in the passenger compartment, according to the text?

<p>The area designed for the seating of the driver and other passengers. (A)</p> Signup and view all the answers

What legal precedent addresses pretext stops?

<p>Whren v. United States (D)</p> Signup and view all the answers

What is the maximum incarceration period for a 2nd-degree felony?

<p>15 years (B)</p> Signup and view all the answers

Which of the following scenarios constitutes an 'enhanced penalty'?

<p>Committing a felony with a mask to conceal identity (D)</p> Signup and view all the answers

In criminal law, what is the role of a 'principal in the first degree'?

<p>A person who commits the criminal act themselves (A)</p> Signup and view all the answers

What is the primary purpose of 'transferred intent' in criminal law?

<p>To hold a person liable when they unintentionally hurt another (D)</p> Signup and view all the answers

Which element of negligence is defined as a failure in a duty that one was obligated to perform?

<p>Breach of duty (D)</p> Signup and view all the answers

Which of the following describes 'proximate cause'?

<p>The link between a duty violation and harm caused (B)</p> Signup and view all the answers

What is the aim of compensatory damages in a negligence case?

<p>To make reparations for the harm or injury suffered (D)</p> Signup and view all the answers

What level of suspicion is required for a law enforcement officer to initiate a 'consensual' encounter?

<p>No suspicion at all (B)</p> Signup and view all the answers

What standard of justification is needed to support an investigative stop?

<p>Reasonable suspicion (B)</p> Signup and view all the answers

What is the purpose of a BOLO?

<p>To describe a vehicle or suspect for identification (C)</p> Signup and view all the answers

Besides a person's body, where else can a frisk be performed?

<p>It is not restricted to a person's body (C)</p> Signup and view all the answers

What is the crucial element that differentiates 'specific intent' from other forms of intent?

<p>The intent to permanently deprive an owner of something (B)</p> Signup and view all the answers

Which of the following best describes the legal principle of 'recklessness'?

<p>Actions where one did not plan on causing harm but should have known that it would occur (A)</p> Signup and view all the answers

What are the two required components for a lawful pat down or frisk?

<p>Lawful detention based on reasonable suspicion and officer's belief of a dangerous weapon (C)</p> Signup and view all the answers

If an officer fails to administer CPR to an unresponsive person, what aspect of negligence might the officer be liable for?

<p>Breach of duty (B)</p> Signup and view all the answers

What does the Carroll doctrine allow during a search?

<p>Search the entire vehicle and all containers where evidence could be found (D)</p> Signup and view all the answers

Which is NOT an example of exigent circumstances?

<p>Routine traffic stop (C)</p> Signup and view all the answers

What is required for law enforcement to perform a warrantless search under exigent circumstances?

<p>Probable cause and belief that evidence is in danger of destruction (C)</p> Signup and view all the answers

In what scenario can fresh pursuit be employed by law enforcement?

<p>When a suspect uses a bicycle to escape (D)</p> Signup and view all the answers

Which of the following does NOT require probable cause for a search?

<p>Consent searches (D)</p> Signup and view all the answers

What is the primary purpose of a deposition?

<p>To provide a sworn testimony before the trial (B)</p> Signup and view all the answers

Which of the following describes a suppression hearing?

<p>A proceeding to exclude certain testimonies from a trial (D)</p> Signup and view all the answers

What is meant by 'off the record' in a legal context?

<p>Information not documented officially (D)</p> Signup and view all the answers

What constitutes a violation of probation (VOP)?

<p>Not abiding by court-imposed conditions (D)</p> Signup and view all the answers

What does a risk protection order (RPO) aim to achieve?

<p>To temporarily revoke firearm possession rights (D)</p> Signup and view all the answers

Under what standard is the use of force by an officer examined for compliance with the Fourth Amendment?

<p>Objective Reasonableness Standard (B)</p> Signup and view all the answers

What is meant by 'deadly force' in the context of law enforcement?

<p>Force that is likely to cause death or great bodily harm (B)</p> Signup and view all the answers

What constitutes civil liability?

<p>Negligent acts that lead to personal injury or property damage (A)</p> Signup and view all the answers

What does 'vicarious liability' refer to in a legal context?

<p>Being held responsible for another's actions (D)</p> Signup and view all the answers

What is 'qualified immunity' intended to protect government officials from?

<p>Civil damages unless constitutional rights are clearly established (D)</p> Signup and view all the answers

What does the term 'emergency doctrine' imply regarding required actions?

<p>Less care is required in unforeseen emergencies (B)</p> Signup and view all the answers

Which court manages appeals from county court judgments?

<p>Circuit courts (B)</p> Signup and view all the answers

What is characterized by 'acting within the scope of employment'?

<p>Performing reasonable activities while carrying out the employer's business (B)</p> Signup and view all the answers

What is a tort?

<p>A civil wrong violating another's rights (D)</p> Signup and view all the answers

What does a civil rights violation entail?

<p>Unlawful interference with fundamental rights by an officer (B)</p> Signup and view all the answers

Flashcards

What does the 1st Amendment protect?

The 1st Amendment guarantees fundamental freedoms such as free speech, press, assembly, religion, and protest. It also protects activities like video recording and using offensive language towards law enforcement officers in public.

What does the 4th Amendment protect?

The 4th Amendment safeguards individuals from unreasonable searches and seizures by the government, ensuring privacy and protection from arbitrary intrusion.

What rights does the 5th Amendment guarantee?

The 5th Amendment prevents self-incrimination, meaning you don't have to testify against yourself in court. It also guarantees due process of law, ensuring fair treatment by the legal system.

What is a misdemeanor?

A misdemeanor is a less serious crime that carries a maximum penalty of up to one year in county jail. This includes offenses like petty theft, disorderly conduct, and minor drug possession.

Signup and view all the flashcards

What is a felony?

A felony is a serious crime that potentially involves a longer prison sentence, with varying penalties depending on the crime's severity. This can include crimes like robbery, assault, and drug trafficking.

Signup and view all the flashcards

Passenger Compartment Search

An officer may search the passenger compartment of a vehicle during a lawful stop if they have a reasonable belief that an occupant is armed and dangerous.

Signup and view all the flashcards

Plain Touch/Feel Doctrine

This rule allows an officer to legally seize contraband found during a lawful stop and frisk even if the object wasn't initially suspected as a weapon, as long as it is readily recognizable as contraband.

Signup and view all the flashcards

Contraband

Any item illegal to produce, possess or transport.

Signup and view all the flashcards

Pretext Stop

A traffic stop initiated by an officer for a minor violation like a broken headlamp, but with the intention to investigate potentially more serious criminal activity.

Signup and view all the flashcards

Probable Cause

The legal standard required to justify a search and seizure, meaning there are reasonable grounds to believe that a crime has been or is being committed.

Signup and view all the flashcards

Proof Beyond a Reasonable Doubt

The standard of evidence required to convict a criminal defendant, meaning the evidence must leave no reasonable doubt about the defendant's guilt.

Signup and view all the flashcards

Search

An officer's intrusion into a place where a person has a reasonable expectation of privacy.

Signup and view all the flashcards

Seizure

A government action that directly impacts a person's right to possess or control their property.

Signup and view all the flashcards

Search Warrant

A legal document issued by a judge that authorizes law enforcement to conduct a search and seizure.

Signup and view all the flashcards

Plain View

A legally recognized exception to the warrant requirement for searches, allowing an officer to seize contraband in plain view as long as certain conditions are met.

Signup and view all the flashcards

Specific Intent

The intent to commit a crime and the intent to deprive an owner of something permanently.

Signup and view all the flashcards

Principal in the first degree

A person who commits any criminal offense, whether felony or misdemeanor, aids abets counsels, hires, or persuades an offense to be committed or attempted.

Signup and view all the flashcards

Accessory after the fact

A person who gives the principal any aid with the intent that the principal avoids or escapes detention, arrest, trial, or punishment.

Signup and view all the flashcards

Recklessness

Imposes criminal liability on defendants when they did not intend for a behavior to cause the resulting harm.

Signup and view all the flashcards

Proximate Cause

The legal phrase for the link between breach of duty and the harm caused. It means the breach directly led to the injury.

Signup and view all the flashcards

Breach of duty

The person unreasonably failed in the duty they were obligated to perform.

Signup and view all the flashcards

Enhanced Penalty

A sentence that is increased from one classification of offense to a more serious classification due to a prior conviction or the serious nature of the circumstances involved.

Signup and view all the flashcards

Reasonable Suspicion

The standard of justification needed to support an investigative stop. It requires articulable facts that suggest someone is involved in criminal activity.

Signup and view all the flashcards

BOLO (Be on the lookout)

A description of a vehicle or suspect, and any other information that would help identify the suspect.

Signup and view all the flashcards

Consensual Encounter

Occurs when you have voluntary contact with a person, and they are free to go at any time.

Signup and view all the flashcards

Investigative Stop

The officer has reasonable suspicion that the person stopped was committing, is committing, or is about to commit a law violation.

Signup and view all the flashcards

Arrest

You must always have probable cause that a person has committed or is committing a crime in order to initiate an arrest.

Signup and view all the flashcards

Compensatory Damages

Are designed to compensate for actual property damage, harm, or injury that the plaintiff suffers.

Signup and view all the flashcards

Punitive Damages

Are intended to punish the defendant for the act and to warn others from doing the same act.

Signup and view all the flashcards

Transferred Intent

Is when a crime is intended to harm one person and adinvertently causes a second person to be hurt instead.

Signup and view all the flashcards

Carroll Doctrine

A legal doctrine that allows police to search a vehicle without a warrant if they have probable cause to believe it contains evidence of a crime, even if the suspect has been removed from the vehicle.

Signup and view all the flashcards

Exigent Circumstances

A legal exception to the warrant requirement that allows police to enter a property without a warrant when there is an immediate threat to life or property, like evidence being destroyed or someone in danger.

Signup and view all the flashcards

Destruction of Evidence

A type of exigent circumstance where police can search without a warrant if they have probable cause to believe contraband or evidence is about to be destroyed.

Signup and view all the flashcards

Fresh Pursuit

Another type of exigent circumstance where police can pursue and arrest a fleeing suspect without a warrant, even if they cross jurisdictional lines.

Signup and view all the flashcards

Emergency Scene

A legal exception to the warrant requirement that allows police to enter a property without a warrant when someone is in imminent danger, like a hostage situation or possible assault.

Signup and view all the flashcards

What is a deposition?

A formal court proceeding where witnesses are asked questions under oath by attorneys before a trial, allowing both sides to gather information and assess the case.

Signup and view all the flashcards

What is hearsay evidence?

A type of evidence that is not considered admissible in court because it relies on information from people that is not easily proven. For example, rumors or gossip.

Signup and view all the flashcards

What is a suppression hearing?

A legal hearing where a judge decides if certain evidence can be used in a trial. It often arises when the defense claims that evidence was obtained illegally.

Signup and view all the flashcards

What is a violation of probation?

A legal situation where an offender breaks the rules of their probation or community control, which could lead to further consequences.

Signup and view all the flashcards

What is a violation of probation hearing?

A court hearing where an offender is accused of violating their probation or community control. The offender has a chance to defend themselves against these accusations.

Signup and view all the flashcards

Objective Reasonableness Standard

The use of force by a law enforcement officer is considered reasonable if it is necessary to defend themselves or others from harm during an arrest.

Signup and view all the flashcards

Deadly Force

Force used by a law enforcement officer that is likely to cause death or serious injury, like firing a gun at a person or vehicle.

Signup and view all the flashcards

Criminal Liability

The legal responsibility an individual faces for committing a crime and being sentenced to imprisonment or other penalties.

Signup and view all the flashcards

Civil Liability

Legal responsibility for harm caused to a person or property due to negligence, which is failing to exercise reasonable care.

Signup and view all the flashcards

Tort

A civil wrong that violates the rights of another individual or entity, involving harm caused by actions or omissions.

Signup and view all the flashcards

Omission

Failing to perform an action that is required by law or duty.

Signup and view all the flashcards

Color of Law

An officer acting or pretending to act while performing official duties, even if their actions are illegal or improper.

Signup and view all the flashcards

Civil Rights Violation

An unlawful interference by a law enforcement officer with the fundamental rights of a person, like due process or equal protection.

Signup and view all the flashcards

Direct Liability

When an officer directly commits a tort, intentional or negligent, that violates agency policies or orders.

Signup and view all the flashcards

Vicarious Liability

Holding an employer responsible for the wrongful actions of an employee while they are on duty.

Signup and view all the flashcards

Study Notes

US Constitution and Government Structure

  • The US Constitution outlines the form of US government, establishing a three-branch structure.
  • Legislative branch creates laws.
  • Executive branch enforces laws.
  • Judicial branch interprets laws.

Types of Law

  • Statutory Law: Created by Congress, state legislatures, or local authorities in response to needs.
  • Criminal Law: Identifies unacceptable behaviors and sets punishments.
  • Ordinances: Laws enacted by cities or counties.
  • Civil Law: Addresses non-criminal disputes between individuals.
  • Administrative Law: Establishes governmental agency operations and procedures.
  • Case Law: Formed by court decisions (judicial branch).

Constitutional Rights

  • The US Constitution guarantees rights to all citizens, including freedom of speech, protection from unreasonable searches, and prohibition of cruel and unusual punishment.
  • Many of these rights are outlined in the Bill of Rights (first 10 amendments).

Criminal Offenses

  • Misdemeanor: Criminal offense with a county jail sentence of up to one year.
  • 2nd Degree Misdemeanor: Maximum penalty of 60 days in county jail and/or a $500 fine.
  • Felony: Criminal offense punishable by death or more than a year in a state correctional facility.
  • Capital Felony: Highest level of felony, with penalties including death or life imprisonment without parole.

Criminal Intent and Negligence

  • Specific Intent: Intention to commit a crime and to deprive someone of something.
  • Transferred Intent: When a crime is intended for one person but accidentally harms another.
  • Recklessness: Defendant acts in a way that causes harm even though they did not intend for the harm to occur.
  • Negligence: Failing to take appropriate care when a duty to do so exists. Key elements include duty, breach, causation, and damages.

Law Enforcement Encounters

  • Consensual Encounters: Voluntary contact between an officer and a person; the person can leave at any time.
  • Investigative Stops: Lawful detention based on reasonable suspicion.
  • Arrest: Requires probable cause that a crime has been or is being committed.
  • Reasonable Suspicion: Standard for justification of an investigative stop.
  • Warrant Requirements: Procedures for obtaining a warrant for search and seizure. Exceptions exist.
  • Exigent Circumstances: Emergency situations that justify warrantless searches (e.g., destruction of evidence, emergency scene, fresh pursuit).
  • Probable Cause: Reasonable belief that a crime has been/is being committed.
  • Proof Beyond a Reasonable Doubt: Standard of proof to convict someone of a crime.
  • Search and Seizure: Procedures regarding searches.
  • Mobile Conveyance Exception: Warrantless searches of vehicles under probable cause.
  • Stop and Frisk: Lawful pat-down if officer has reasonable suspicion that person is armed.
  • Plain View Doctrine: Allows seizure of contraband in plain sight.
  • Administrative Searches: Exception to warrant requirement for special conditions.

Studying That Suits You

Use AI to generate personalized quizzes and flashcards to suit your learning preferences.

Quiz Team

Related Documents

Chapter 3 Review Updated PDF

Description

Test your knowledge on important amendments of the U.S. Constitution, the distinctions between felonies and misdemeanors, and key legal concepts in criminal law. This quiz covers topics such as the right to protest, unreasonable searches, and legal standards in criminal trials.

More Like This

Double Jeopardy Laws Around the World
9 questions

Double Jeopardy Laws Around the World

Quizgecko avatar
Quizgecko
Derecho Procesal Penal - Art. 16 CPEUM
37 questions

Derecho Procesal Penal - Art. 16 CPEUM

SteadiestPorcupine9125 avatar
SteadiestPorcupine9125
Princípios Penais e Direitos Fundamentais
43 questions

Princípios Penais e Direitos Fundamentais

WorldFamousEllipsis avatar
WorldFamousEllipsis
Use Quizgecko on...
Browser
Open
Browser
Browser