Download CLEET - 208 Final Exam Questions: Test Your Knowledge on Criminal Law and Procedure and more Exams Criminal Law in PDF only on Docsity!
CLEET – 208 Final Exam Questions|Test
Your Knowledge
The defendant has the right to not testify. This right is guaranteed by the _____ to the US Constitution. - ✔ ✔ Fifth amendment
The elements of a civil battery are _____ - ✔ ✔ Intentional, non- consensual, physical contact with another person
The right to an attorney during police interrogations, or when defendants are in custodial situations, us assured by - ✔ ✔ Miranda v. Arizona
Generally, a peace officer may ____ - ✔ ✔ Arrest for a misdemeanor committed or attempted in his presence
Improper service, improper venue, lack of jurisdiction and statute of limitations are examples of __________ - ✔ ✔ technical defenses of a constitutional tort
Reasonable grounds, such as would warrant a prudent person to believe certain facts are true, i.e., more than suspicion but less than proof beyond a reasonable doubt, is known as ________ - ✔ ✔ Probable cause
Failure to exercise the necessary degree of care which a reasonable person would use under a given set of circumstances is called
___ - ✔ ✔ Negligence
The legal steps necessary to prove a violation of a criminal statute are known as ______ - ✔ ✔ Elements of the offense
Homicide is justifiable ________ - ✔ ✔ defending yourself against deadly force
A good rule of thumb concerning the use of force by law enforcement officer is ____ - ✔ ✔ Use force when it is necessary and then use only reasonable force
Under conditions specified in 21 O.S 540B a person commits a felony by running a roadblock. Under such circumstances an officer may - ✔ ✔ Use deadly force only if the person poses a threat of deadly force to the officer or another
Sam is in his house sitting on the sofa in the living room, when you tell him he is under arrest. You may search __________ - ✔ ✔ Sam & around the cushions on the sofa
You feel you have reason to search a motel room rented by an individual for period of five days. It is day two of the rental period. The individual is not available to give consent. You may _________ - ✔ ✔ Seek a search warrant
A search warrant may only be served at night when the ______ - ✔ ✔ Warrant states it may be served at any time day/ night
An affidavit must describe the person or place to be searched __________ - ✔ ✔ So precisely that it excludes all other persons or places
A search warrant must be executed and returned to the issuing magistrate within _ - ✔ ✔ 10 Days
Note - ✔ ✔ Just like with the previous set of notes, I haven't fact checked these notes, don't know who created them, or how old they are. If you see errors, let me know and I'll try to correct them as soon as possible!
Others have noticed a few cases of discrepancies between these notes and the other Final Exam flash card deck. Keep in mind that I didn't create these. Trust YOUR notes when the answer given here looks wonky.
Searches and seizures conducted outside the judicial process, without prior approval by a neutral and detached judge or magistrate, are "per se" unreasonable _____. - ✔ ✔ under the Fourth Amendment - subject only to a few specifically established and well-delineated exceptions
Hearsay is _____ - ✔ ✔ Second hand information
Which class of person may not be permitted to testify as "lay" (non- expert) witnesses? - ✔ ✔ Persons who have no knowledge of the case
If a person has been convicted and placed on a suspended sentence, and that person then commits another crime while still on probation, then _____ - ✔ ✔ the District Attorney may file a Motion to Revoke
What are the three primary factors that influence criminal jurisdiction in Indian country? - ✔ ✔ - Impact of sovereign status
- Plenary Power of Congress
- U.S. Supreme Court interpretations of Indian law
What is Indian country as defined by 18 US Code Section 1151? - ✔ ✔
- Within the limits of any Indian reservation under the jurisdiction of the US Government
- Dependent Indian communities
- All land allotments, the Indian title to which has not been extinguished, including rights of way
What are the three major federal statutes in Title 18 of the Federal Code that govern federal criminal jurisdiction in Indian Country - ✔ ✔
- Indian Country Crimes Act
- Major Crimes Act
- Assimilative Crimes Act
The _______ allows federal criminal courts to borrow state criminal code to fill gaps where there is no federal law and apply it to areas under exclusive federal control. - ✔ ✔ Assimilative Crimes Act
A search warrant may only be served after 10:00pm when the ____ - ✔ ✔ warrant states it may be served at any time of day or night
In 1914 the federal case of Week vs. U.S. established the "exclusionary rule" in Federal Courts. The ruling means that if a peace officer obtains evidence unlawfully, the evidence _____ - ✔ ✔ may not be used in court
In the US Supreme Court Case US vs. Havens, the court held that illegally seized evidence _____ be used in court _____ - ✔ ✔ Could
To impeach the witness because preventing perjury is so important
In Mapp v. Ohio, the evidence was suppressed because _____ - ✔ ✔ The officers did not have a search warrant and were not operating under one of the recognized exceptions
The public policy reasoning behind the exclusionary rule is _____ - ✔ ✔ It will deter peace officers from illegally seizing evidence, because the officers know the evidence will not be admissible
In Miranda v. Arizona, the court assured a criminal defendant the right to _____ when said defendant was _____ - ✔ ✔ An attorney
Custodially interrogated
Who can issue a Search Warrant? - ✔ ✔ The Judge of a Court having jurisdiction
For evidence to be admissible it must be relevant, _____ - ✔ ✔ Material, and
Competent
The exception to the hearsay rule that allows the jury to hear a statement made while the declarant was still under the stress caused by the crime is commonly known as the _____ - ✔ ✔ "Excited utterance" exception
If at the end of a trial the jury entertains a reasonable doubt as to whether the State has proven the elements of the crime, they _____ - ✔ ✔ Should acquit
When the court accepts a fact as true, because it cannot be seriously disputed, that is known as - ✔ ✔ Judicial notice
If a peace officer discovers a minor who has been injured, and no parent of the child can be found, the officer may _____ - ✔ ✔ Authorize treatment if the physician says immediate treatment is necessary
A suspect may invoke his right to counsel or right to remain silent _____. - ✔ ✔ At the beginning of the interrogation and anytime during the interrogation
When a person who would normally be treated as a juvenile is treated by the court as an adult, that process is known as _____. - ✔ ✔ Direct Certification
Cases from the Oklahoma Court of Criminal Appeals are collected in a set of books called the _____. - ✔ ✔ Pacific Reporters
The concepts of "procedural due process" and "substantive due process" are addressed in which US Constitutional Amendment? - ✔ ✔ 14th Amendment
The Vienna Convention requires _____. - ✔ ✔ A foreign national be given a chance to contact their consulate
The detention, interdiction, or other different treatment of an individual based solely on the basis of racial or ethnic status of the individual is _____. - ✔ ✔ Racial profiling
The law that allows suit against a Peace Officer for Constitutional torts (and usually in federal court) is _____. - ✔ ✔ 42 USC 1983
The legal concept which allows your employer to be held liable for the acts you commit as a law enforcement officer is _____. - ✔ ✔ Respondent Superior
The primary responsibility of a peace officer is _____ - ✔ ✔ Crime prevention
Do your actions as a police officer have a bearing on your relationship with the community? - ✔ ✔ Yes
What percentage of your time as a LEO is spent either on maintaining order or providing service unrelated to violations of the law? - ✔ ✔ 70-90%
One of the oldest and most effective crime prevention programs in the country is _____. - ✔ ✔ Neighborhood watch
The most common type of lock found in a residential property is _____.
The hardest hit commercial robbery victim is _____. - ✔ ✔ Small business
The police citizen role is of prime importance for - ✔ ✔ Crime reduction
The elements of Neighborhood Watch include a police citizen program to establish rapport, and a method to _____. - ✔ ✔ Encourage citizens to note/report suspicious activity to police
This type of crime prevention technique is aimed at not allowing crime to take place - ✔ ✔ Proactive
Anticipating, recognizing and appraising crime risks and taking action to remove or reduce the risks is _____. - ✔ ✔ Crime prevention
Do signs on windows, doors, etc. that indicate the presence of security devices (whether or not there actually are any) have a deterrent affect on crime? - ✔ ✔ Yes
Define law enforcement community relations - ✔ ✔ The process by which police and the community work together to identify and solve problems
"No cash" signs
Cameras
CCTV
What time of door is a residential security hazard? - ✔ ✔ Sliding glass doors
How can a business minimize the loss, in case they are robbed? - ✔ ✔ Keep cash on hand to a minimum
Remove large bills from registers regularly
Place cash in a drop safe that cannot be accessed by the cashier
Community relations rests with - ✔ ✔ The individual officer
There are two types of racism - ✔ ✔ De jure
De facto
Do all gestures and speech patterns have the same meaning across cultures? - ✔ ✔ No
Two ways of diffusing a situation include - ✔ ✔ Ventilation
Active listening
The three elements of a good law enforcement officer are: - ✔ ✔ Sound moral principles
Sound Judgement
Ability to communicate
Can something that is good for one person be bad for another? - ✔ ✔ Yes
The foundation or cornerstone of our government is based on our American Creed that "all people are created equal", which is enshrined in what document? - ✔ ✔ The Declaration of Independence
Enforcing the law is both morally and physically demanding. - ✔ ✔ True
Rights can be taken away by acts of racism, officiousness and lack of understanding by others who were meant to protect them. - ✔ ✔ True
From knowledge of different cultures and beliefs comes _____. - ✔ ✔ Understanding
What is the goal of community policing? - ✔ ✔ Give the community structure, skills, and resources to keep themselves safe.
What is a police report? - ✔ ✔ It is a means to record facts into a permanent record.
Who has access to your police report? - ✔ ✔ Anyone may obtain a copy under the Open Records Act
Police reports should be written to chronological order. - ✔ ✔ True
Police jargon and "10 codes" are acceptable when writing a police report. - ✔ ✔ False
The statement "I inventoried the suspect's car pursuant to department policy." is written in which person (1st, 2nd, 3rd, etc) - ✔ ✔ 1st person
Which sentence is written using "active voice"?
The sandwich was bitten into by...
Mr. Hyde bit into the apple...
Mrs Lake will bite into the apple - ✔ ✔ Mr. Hyde bit into the apple
Police reports should be written in what tense? - ✔ ✔ Past tense
Which sentence is written in past tense?
I begin to run faster.
I then began to interview the suspect.
I will turn around slowly.
I shall jump off the yellow boat. - ✔ ✔ I then began to interview the suspect.
Cultural competence is comprised of four components: - ✔ ✔ 1. Awareness of your own cultural world view.
- Attitude towards cultural differences.
- Knowledge of different cultural practices
- Cross-cultural skills
Developing cultural competence results in an ability to understand, communicate with, and effectively interact with _____ across cultures.
Cultural awareness is the foundation of _____, and it involves the ability of standing back from ourselves and becoming aware of our cultural values, beliefs and perceptions. - ✔ ✔ Communication
Cases where the court of criminal appeals has interpreted statutory law in very specific cases are called - ✔ ✔ Case law
An arrest warrant issued out of the district court, charging a misdemeanor, can be served __________ - ✔ ✔ Anytime of day or night if the warrant states that
Malice aforethought is used in murder in the first degree may be defined as __________ - ✔ ✔ Deliberate intent
A felony may be defined as ______ - ✔ ✔ A crime which is or may be punishable with death, a term in the penitentiary and or a fine.
Normally, if you make an arrest outside your jurisdiction you do so __________ - ✔ ✔ As a private citizen
False arrest and false imprisonments cases are ______ - ✔ ✔ Criminal and civil
Sam is standing in the middle of his living room holding a. semiautomatic pistol when you lawfully entered his residence to serve a court summons. You are aware that Sam has been convicted of a felony and has not been pardoned. Sam has committed _____ - ✔ ✔ A felony
There are two main types of municipal counts in OK. These are _ - ✔ ✔ Municipal courts of record and municipal courts not of record
Requisite elements of a crime are _____ - ✔ ✔ - Committed voluntarily and intentionally by a capable person
- When a law exists and punishment is prescribed
- Enforceable by the state
A writ, as that term is used in law, is ______ - ✔ ✔ An order of the court
In Oklahoma it can be a felony to carry a firearm into an establishment where beer and intoxicating liquor is consumed. Persons exempt from this law are ________ - ✔ ✔ The owner of the establishment, peace officers and persons with a valid SDA permit, provided the sale of beverages
containing alcohol is not the primary purpose of the establishment.
Mary, age 13 gives her consent to have sexual intercourse with Sam, age 22. If same has intercourse with Mary, Sam has committed - ✔ ✔ Rape 1st degree
Burden of proof in a civil case is ________ - ✔ ✔ Preponderance of the evidence
You feel compelled to search a certain apartment which is leased to sam. You realize that you do not have sufficient probable cause to get a search warrant so you decide to seek permission to search. The person who can give you permission is the __________ - ✔ ✔ Lessee
The Carroll Doctrine is a rule permitting searches of automobiles, boats or aircraft without a search warrant, if three conditions are present, the three conditions are ________ - ✔ ✔ It is mobile, there must be prior probable cause, and there cannot be time to get a search warrant
