Question 1) A conviction becomes final when it's affirmed on appeal to the highest court of the land or when the highest court declines to review it.

- True

- False

Question 2: After conviction, defendants become "offenders" and lose the constitutional protections they received as defendants.

- True

- False

Question 3: A habeas corpus proceeding is called a collateral attack, because it _______ attacks the judgment in a new and separate noncriminal (civil) lawsuit.

Question 4: All of the following are sentencing models, except:

- the administrative sentencing model.

- the police sentencing model.

- the legislative sentencing model.

- the judicial sentencing model.

Question 5: A type of fixed sentence prescribing a non-discretionary amount of prison time that all offenders convicted of the offense must serve is a _ _ sentence.

Question 6: Based on the information provided in the text, explain what you believe is important in the case of Apprendi v. New Jersey.

Question 7: Supporters of fixed sentencing believe the punishment should fit the crime.

- True

- False

Question 8: According to the prima facie case rule, the judge can bind over a defendant if the prosecution presents evidence that could, if not rebutted, convict the defendant.

- True

- False

Question 9: According to the SCOTUS opinion in Bell v. Wolfish, involving conditions in a pretrial detention center or jail:

- due process entitles all persons not convicted of crimes to a single cell.

- strip searches violate the constitutional rights of persons not yet convicted of crimes.

- double bunking amounts to unconstitutional punishment.

- prison administrators should be accorded wide ranging deference in the adoption of jail policies.

Question 10: A factor that the court can consider in deciding a motion for a change of venue is:

- a trial at a distant location places a burden on the witnesses.

- the courts in the community where the crime occurred are busy.

- the prosecutor's office in the community where the crime occurred is short-staffed.

- the police in the community where the crime occurred want the trial to remain in their jurisdiction.

Question 11: A judge can order prevention detention after deciding that the defendant either won't appear or is a threat to public safety. What level of proof is required in this situation?

- probable cause

- clear and convincing evidence

- proof beyond a reasonable doubt

- preponderance of the evidence

Question 12: A jury that cannot reach a verdict after lengthy deliberations is a(n) _ jury.

Question 13: Both the state and the defense may move for a change of venue.

- True

- False

Question 14: Due process of law requires not just counsel, but effective counsel.

- True

- False

Question 15: During which of the following stages of the criminal process does an individual not have the right to counsel?

- custodial interrogation

- search following arrest

- pretrial hearings

- arraignment

Question 16: Explain the difference between probable cause to detain a suspect and probable cause to go to trial.

Question 17: The pretrial release mechanism that is based solely on the promise of the defendant to appear in court is known as _.

Question 18: The right to counsel attaches:

- when the government files formal charges against the defendant.

- as soon as the police investigation focuses on a particular suspect.

- only at the trial.

- only after arraignment.

Question 19: According to Pinder v. Johnson, involving a lawsuit by a mother against a police officer and others for the death of her children in a fire:

- public officials owe private citizens the right to protect them from one another.

- a violation of clearly established law is not recoverable.

- the due process clause does not require government actors to affirmatively protect life.

- an affirmative duty to protect life can never arise on the part of government officials.

Question 20: According to the defense of _______, individual officers can't be held personally liable for their official actions if the actions meet the test of objective legal reasonableness.

- qualified immunity

- good faith

- the Bivens umbrella

- the law enforcement exception

Question 21: All states allow citizens to bring suits against them for the constitutional violations of their officers.

- True

- False

Question 22: Bivens actions are:

- constitutional tort actions against federal officers.

- prohibited against officials who act under color of authority.

- not required to show unreasonable legal action by the defendants.

- banned against federal officials.

Question 23: Heightening the possibility of a successful Bivens action requires the plaintiff to prove that an officer was acting under the color of the law, and that the officer:

- willfully neglected the person ' s request for help because of higher priority requests.

- used reasonable force to arrest but injured the person nonetheless.

- deprived the person of a constitutional right.

- produced an observable physical injury to the person.

Question 24: Identify the two elements of the qualified immunity defense, and explain why the test is so easy for officers to pass.

Question 25: Internal review consists of four consecutive stages: intake, investigation, deliberation, and:

- disposition.

- conclusion.

- resolution.

- conviction.

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