Chapter 01: An Introduction to Criminal Procedure
Test Bank
MULTIPLE CHOICE
1. Which of the following defines the factual elements of a criminal offense?
A) Substantive criminal law
B) Procedural criminal law
C) Substantive civil law
D) Procedural civil law
ANS: A PTS: 1 OBJ: 1.1
2. Which of the following is the standard by which the prosecution must prove guilt in a
criminal trial?
A) Beyond all doubt
B) Beyond a reasonable doubt
C) By preponderance of the evidence
D) Beyond reasonable suspicion
ANS: B PTS: 1 OBJ: 1.2
3. Which of the following objectives of the criminal justice system best describes the idea
that the guilty should be convicted and the innocent go free?
A) Accuracy
B) Respect
C) Fairness
D) Equality
ANS: A PTS: 1 OBJ: 1.3
4. Which of the following best describes the criminal justice system objective of equality?
A) All defendants guilty of the same offense should receive equal punishment.
B) All defendants should receive the same quality of justice.
C) All defendants should receive the same quality of attorneys.
D) All defendants should receive equal time in court.
ANS: B PTS: 1 OBJ: 1.3
5. What level of proof must be established for a police officer to make an arrest?
A) Beyond a reasonable doubt
B) Preponderance of the evidence
C) Probable cause
D) Reasonable suspicion
ANS: C PTS: 1 OBJ: 1.2
6. Warrants are obtained for all but which of the following purposes?
, A) To search an area
B) To seize an item
C) To seize a person
D) To press charges
ANS: D PTS: 1 OBJ: 1.2
7. Which actor in the criminal justice system has the responsibility of deciding whether to
formally charge a suspect?
A) The prosecution
B) The judge
C) The grand jury
D) The lead police investigator
ANS: A PTS: 1 OBJ: 1.2
8. Which of the following is not a standard sentence following a criminal conviction?
A) Incarceration
B) Probation
C) Fines
D) Restitution
ANS: D PTS: 1 OBJ: 1.4
9. Which of the following amendments to the U.S. Constitution do not address issues of
criminal procedure?
A) First
B) Sixth
C) Eighth
D) Fourteenth
ANS: A PTS: 1 OBJ: 1.4
10. Which organization has the legal authority to interpret and apply the rules established in
the U.S. Constitution?
A) The U.S. Congress
B) The U.S. Supreme Court
C) The U.S. president
D) State governors
ANS: B PTS: 1 OBJ: 1.4
11. Where must one look when the U.S. Supreme Court has yet to answer a question
regarding the U.S. Constitution?
A) The U.S. Congress
B) State legislatures
C) Trial court judges
D) State supreme courts
ANS: D PTS: 1 OBJ: 1.4
,12. Of all of the sources for American procedural law, which is the oldest?
A) The U.S. Constitution
B) State constitutions
C) Common law
D) Court rules
ANS: C PTS: 1 OBJ: 1.4
13. The U.S. Supreme Court derives its authority to create federal rules of criminal procedure
from _____.
A) the president
B) the U.S. Congress
C) the U.S. Constitution
D) common law
ANS: B PTS: 1 OBJ: 1.4
14. Which of the following is the most common repercussion for a law enforcement officer
who violates internal police regulations?
A) The officer will face criminal charges.
B) The officer will be sued civilly.
C) The officer will be removed from the agency.
D) The officer will face internal disciplinary measures.
ANS: D PTS: 1 OBJ: 1.4
15. Which of the following designates which cases are heard by the federal courts and which
are heard by the state courts?
A) The U.S. Supreme Court
B) The U.S. Congress
C) The state supreme courts
D) The U.S. Constitution
ANS: D PTS: 1 OBJ: 1.4
16. The federal judicial system is best represented by a _____.
A) cube
B) sphere
C) hourglass
D) pyramid
ANS: D PTS: 1 OBJ: 1.4
17. Including the Federal Circuit Court of Appeals in Washington, D.C., there are _____
circuit courts in the United Sates.
A) Seven
B) Nine
C) Twelve
, D) Thirteen
ANS: D PTS: 1 OBJ: 1.4
18. The concept of precedent, central to Supreme Court decision making, is based on which
legal principle?
A) Ex post facto
B) Ad hoc facto
C) Deus ex machina
D) Stare decisis
ANS: D PTS: 1 OBJ: 1.5
19. If the U.S. Supreme Court were to receive 5,000 petitions for certiorari, given past
behavior of the Court, roughly how many cases would the Court be expected to hear?
A) 5,000
B) 2,500
C) 1,000
D) 100
ANS: D PTS: 1 OBJ: 1.5
20. A criminal trial not held before a jury is known as a/an _____.
A) petty trial
B) statutory trial
C) bench trial
D) unconstitutional trial
ANS: C PTS: 1 OBJ: 1.5
21. Which of the following is not a standard method by which state court judges are selected?
A) Partisan popular elections
B) Nonpartisan popular elections
C) Election by the legislature
D) Election by judges
ANS: D PTS: 1 OBJ: 1.5
22. In states that lack intermediate appellate courts, appeals are directed to the _____.
A) state supreme courts
B) district courts
C) circuit courts
D) U.S. Supreme Court
ANS: A PTS: 1 OBJ: 1.5
23. A decision is made by the State Supreme Court of New York, located in New York City.
The precedent established by that court applies to _____.
A) New York City
B) New York state
Test Bank
MULTIPLE CHOICE
1. Which of the following defines the factual elements of a criminal offense?
A) Substantive criminal law
B) Procedural criminal law
C) Substantive civil law
D) Procedural civil law
ANS: A PTS: 1 OBJ: 1.1
2. Which of the following is the standard by which the prosecution must prove guilt in a
criminal trial?
A) Beyond all doubt
B) Beyond a reasonable doubt
C) By preponderance of the evidence
D) Beyond reasonable suspicion
ANS: B PTS: 1 OBJ: 1.2
3. Which of the following objectives of the criminal justice system best describes the idea
that the guilty should be convicted and the innocent go free?
A) Accuracy
B) Respect
C) Fairness
D) Equality
ANS: A PTS: 1 OBJ: 1.3
4. Which of the following best describes the criminal justice system objective of equality?
A) All defendants guilty of the same offense should receive equal punishment.
B) All defendants should receive the same quality of justice.
C) All defendants should receive the same quality of attorneys.
D) All defendants should receive equal time in court.
ANS: B PTS: 1 OBJ: 1.3
5. What level of proof must be established for a police officer to make an arrest?
A) Beyond a reasonable doubt
B) Preponderance of the evidence
C) Probable cause
D) Reasonable suspicion
ANS: C PTS: 1 OBJ: 1.2
6. Warrants are obtained for all but which of the following purposes?
, A) To search an area
B) To seize an item
C) To seize a person
D) To press charges
ANS: D PTS: 1 OBJ: 1.2
7. Which actor in the criminal justice system has the responsibility of deciding whether to
formally charge a suspect?
A) The prosecution
B) The judge
C) The grand jury
D) The lead police investigator
ANS: A PTS: 1 OBJ: 1.2
8. Which of the following is not a standard sentence following a criminal conviction?
A) Incarceration
B) Probation
C) Fines
D) Restitution
ANS: D PTS: 1 OBJ: 1.4
9. Which of the following amendments to the U.S. Constitution do not address issues of
criminal procedure?
A) First
B) Sixth
C) Eighth
D) Fourteenth
ANS: A PTS: 1 OBJ: 1.4
10. Which organization has the legal authority to interpret and apply the rules established in
the U.S. Constitution?
A) The U.S. Congress
B) The U.S. Supreme Court
C) The U.S. president
D) State governors
ANS: B PTS: 1 OBJ: 1.4
11. Where must one look when the U.S. Supreme Court has yet to answer a question
regarding the U.S. Constitution?
A) The U.S. Congress
B) State legislatures
C) Trial court judges
D) State supreme courts
ANS: D PTS: 1 OBJ: 1.4
,12. Of all of the sources for American procedural law, which is the oldest?
A) The U.S. Constitution
B) State constitutions
C) Common law
D) Court rules
ANS: C PTS: 1 OBJ: 1.4
13. The U.S. Supreme Court derives its authority to create federal rules of criminal procedure
from _____.
A) the president
B) the U.S. Congress
C) the U.S. Constitution
D) common law
ANS: B PTS: 1 OBJ: 1.4
14. Which of the following is the most common repercussion for a law enforcement officer
who violates internal police regulations?
A) The officer will face criminal charges.
B) The officer will be sued civilly.
C) The officer will be removed from the agency.
D) The officer will face internal disciplinary measures.
ANS: D PTS: 1 OBJ: 1.4
15. Which of the following designates which cases are heard by the federal courts and which
are heard by the state courts?
A) The U.S. Supreme Court
B) The U.S. Congress
C) The state supreme courts
D) The U.S. Constitution
ANS: D PTS: 1 OBJ: 1.4
16. The federal judicial system is best represented by a _____.
A) cube
B) sphere
C) hourglass
D) pyramid
ANS: D PTS: 1 OBJ: 1.4
17. Including the Federal Circuit Court of Appeals in Washington, D.C., there are _____
circuit courts in the United Sates.
A) Seven
B) Nine
C) Twelve
, D) Thirteen
ANS: D PTS: 1 OBJ: 1.4
18. The concept of precedent, central to Supreme Court decision making, is based on which
legal principle?
A) Ex post facto
B) Ad hoc facto
C) Deus ex machina
D) Stare decisis
ANS: D PTS: 1 OBJ: 1.5
19. If the U.S. Supreme Court were to receive 5,000 petitions for certiorari, given past
behavior of the Court, roughly how many cases would the Court be expected to hear?
A) 5,000
B) 2,500
C) 1,000
D) 100
ANS: D PTS: 1 OBJ: 1.5
20. A criminal trial not held before a jury is known as a/an _____.
A) petty trial
B) statutory trial
C) bench trial
D) unconstitutional trial
ANS: C PTS: 1 OBJ: 1.5
21. Which of the following is not a standard method by which state court judges are selected?
A) Partisan popular elections
B) Nonpartisan popular elections
C) Election by the legislature
D) Election by judges
ANS: D PTS: 1 OBJ: 1.5
22. In states that lack intermediate appellate courts, appeals are directed to the _____.
A) state supreme courts
B) district courts
C) circuit courts
D) U.S. Supreme Court
ANS: A PTS: 1 OBJ: 1.5
23. A decision is made by the State Supreme Court of New York, located in New York City.
The precedent established by that court applies to _____.
A) New York City
B) New York state
