Criminal Law

Start Free Trial

Criminal Law Questions and Answers

What are the two prongs to the reasonableness test?

In the context of criminal law, what is meant by the saying, "Hunches are never enough"?

What special-needs searches does the U.S. Supreme Court recognize?

Why should crimes be distinguished by the motivations of the perpetrator? Is hate a more heinous motivation than revenge? 

What is the rationale behind the 3 justifications for the exclusionary rule, and which justification did the U.S. Supreme Court adopt to apply the deterrence justification?

What are the four sources of information officers can rely on to build reasonable suspicion?

What is the significance of Townsend v. Sain?

Identify and summarize the five amendments to the U.S. Constitution that most concern criminal procedure.

What is the significance of the court case United States v. Leon?

What are some arguments for and against the fundamental fairness doctrine?

Does the death penalty deter crime? Seventeen states have the death penalty as an option for convicted criminals. Most states, then, do not have this option. A reason often cited is that the death penalty does not deter crime in a significant way. Yet, in 2007, a study from Pepperdine University found that “every inmate who is executed results in 74 fewer deaths the following year.” And, as many people argue, it certainly deters that particular convict from ever committing another crime. Should more states enact the death penalty? 

What are some characteristics the courts use to determine the voluntariness of consent to a search?

What are the constitutional provisions that identification procedures can violate?

Why do officers need to obtain warrants to arrest a suspect in a home?

What are the major exceptions to the warrant requirements approved by the U.S. Supreme Court?

What is the significance of California v. Hodari D?

Why do parolees have even more diminished right against searches and seizures than probationers?

In the following scenario, what should the husband be charged with? A husband  bought a knife with the intent to kill his wife.  He thought about it but changed his mind and put the knife on top of a dresser. His wife went to look for something and the knife fell off and hurt her real bad but she was abeal to call 911 but on the way to the hospital the ambulance was hit and the wife died.

What are some reasons that affect a police decision to drop cases or take them to prosecutors?

What is the narrow scope of the good faith exception to the exclusionary rule?

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

What are three emergency searches? 

What are the origins and original purposes of searches and seizures?

What are the main arguments regarding the practice of videotaping interrogations of suspects by police officers?

 What is the significance of the case of Maryland v. Wilson?

What is  the definition of probable cause?

Contrast the definition of probable cause with that of reasonable suspicion.

What are two types of remedies that can be used against government wrongdoing in the area of criminal law?

Beyond Reasonable Doubt It is a debate for legal scholars and law students for sure, but it is the measurement of one's guilt or innocence, but yet no one can truly identify "reasonable". To one person, or juror, reasonable may mean the "norm", "obvious", "most common", "sensible". However, to another, "reasonable" might mean something completely different. Everyone's reason is the measurement, beyond their personal doubt as to the fate of a person who murdered another. As the justice system creates legal documents so complicated in legal jargon, codes and linguistic manipulation, one would assume the system of justice would truly have created a similar phrase of standard of criminal guilt or innocence. As a Law teacher, in high school, it is an interesting conversation when faced with the task of explaining Reasonable Doubt. The high school student whose questions and demands for a simple qualifier for the expectation seems daunting at times. Reasonable? ok, not like your parents or grandparents Doubt? ok, really don't trust YOU BELIEVE, MORE THAN ANYTHING IN THE WORLD, THAT THE PERSON IS GUILTY BECAUSE YOU DON'T TRUST THIS PERSON ON TRIAL FOR MURDER BECAUSE THEY DID NOT ACT LIKE YOUR PARENTS OR GRANDPARENTS WOULD HAVE IN THE SAME SITUATION.   ...UM MAY TRY IT ON THE KIDS AND SEE WHAT THEY UNDERSTAND.  

What is the U.S. Constitution provision dealing with the issue of "habeas corpus," and how has it been applied to suspects since the terrorist attacks of September 11, 2001?

Should the death penalty continue to be enacted? Most Americans continue to support the death penalty, but those numbers have declined in recent years. One of the reasons for the reduction in advocacy is because of the numbers of people exonerated from convictions due to the efforts of organizations like The Innocence Project as well as improved methods of testing, such as DNA identification. Additionally, many people argue that minorities are given a death sentence far more often than their white counterparts. Should the death penalty continue to be enacted? What can be done to ensure it is properly applied? 

What is the history behind the power of police to stop and question suspicious persons?

How do frisks differ from searches?

When someone goes missing off a yacht (possible homicide) is the yacht held by police until determination is made?

Summarize the Bivens v. Six Unnamed FBI Agents case, and explain its significance

What do you think are the most important limitations that the Constitution places on criminal law? 

What is the  significance of the Bivens v. Six Unknown Unnamed Agents case?

What is the applicability of searches and seizures?

What are the five special cases for searches and seizures that go beyond law enforcement purposes?

What is the responsiblity of the executive branch in criminal law? I know the executive branch makes sure judgement is carried out but I would like to know all of their function within the law, ie. do they write the laws and or do investigation, and what else.

Why does the court approve of such minimal invasions of privacy during airport searches?

What is the significance of testing and storing the DNA of incarcerated felons?

What is the significance of of the legal case, North Carolina v. Alford?