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1. Any power not specifically authorized by the Constitution or Federal Act is reserved for whom? A The Governors B Each State C The political

1. Any power not specifically authorized by the Constitution or Federal Act is reserved for whom?

A

The Governors

B

Each State

C

The political parties

D

The President

E

None of the Above

QUESTION 2

Women had the right to vote before slavery was abolished.

True

False

QUESTION 3

Every defendant is provided the presumption of innocence at trial. This means they are presumed innocent until the evidence at trial proves them guilty Beyond a Shadow of a Doubt.

True

False

QUESTION 4

What is the highest court in the state of New York?

A

The Court of Appeals

B

The United States Supreme Court

C

The New York State Supreme Court

D

The Appellate Division

5. "Probable Cause" is a higher standard to meet than "Beyond a Reasonable Doubt".

True

False

QUESTION 6

The Right to Counsel is based on which Amendment?

A

4th Amendment

B

5th Amendment

C

6th Amendment

D

Due Process

QUESTION 7

The U.S. Supreme Court has interpreted the privilege against self incrimination as applying to...?

A

anything a person says or does that could incriminate them.

B

anything a person says or does that could incriminate them.

C

all statements made by a person that could be used in a court of law.

D

testimonial communications that could be used against a person in a criminal court.

QUESTION 8

If a defendant does not testify at their trial the jury may hold it against that defendant. In essence, the jury can considerthatbecause the defendant did not testify they must have something to hide.

True

False

QUESTION 9

A person walks into a police station and begins to confess a crime. The police must stop that individual and read them their Miranda warnings before letting them continue.

True

False

QUESTION 10

A suspect has a right to an attorney present at a pre-indictment lineup.

True

False

QUESTION 11

A defendant that wants to testify at their trial must get approval from the judge.

True

False

QUESTION 12

In order for the prosecution to use a defendants confession against a co-defendant, the defendant themself must take the stand to testify.

This is because a failure to have the defendant on the stand for questioning violates what Clause of the Bill of Rights? [x]

QUESTION 13

After arrest the right to a court appointed attorney attaches when?

A

Central Booking

B

When they appear before a judge.

C

When a complaint is made by a victim.

D

When handcuffs are put on.

QUESTION 14

It is considered a form of self incrimination to compela suspectto speak words or phrases, in order for a victim to determine if they recognize the voice.

True

False

QUESTION 15

Miranda warnings are required to be given in what situation?

QUESTION 16

Questions during a Booking procedure like name, age and date of birth [Called Pedigree Information] are allowed without Miranda warnings being give.

True

False

QUESTION 17

The right against self incriminations also aplies to corporations and businesses.

True

False

18. What is the main holding in Escobedo v Illinois, as it relates to your Right to Counsel?

QUESTION 19

What is the test a Court will apply to determine if a person was in custody when they made a statement to law enforcement?

QUESTION 20

Which of the following COULD be done without violating the privilege against self incrimnation?

A

take a blood test

B

have suspect participate in a line-up

C

require a person to give a handwriting sample

D

ALL of the above could be done without violating the privilege against self incrimination.

QUESTION 21

Once a suspect has waived the right to remain silent during a police interrogation they:

A

Cannot refuse to answer additional questions

B

Cannot refuse to answer additional questions about the crime under discussion when the right was invoked.

C

Can invoke the right to remain silent at any time during questioning.

D

Can not bequestioned without an attorney persent

A waiver of the Miranda rights is valid if made:

A

knowing, intelligent and voluntary

B

anywaiver that is made after a suspect has been advised of their rights is valid.

C

a waiver is valid only if made with the suspects attorney present.

D

a waiver is valid only if made when the suspect was not in custody.

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