Criminal Procedure Review Questions 1
Criminal Procedure Review Questions 1
(Answers are provided below)
1. In the study of constitutional limitations on police power, which landmark doctrine establishes that any evidence obtained through an illegal search and seizure in violation of constitutional rights is inadmissible in a court of law (popularly known as the "Fruit of the Poisonous Tree" or the Exclusionary Rule)?
A. Miranda v. Arizona
B. Mapp v. Ohio
C. Gideon v. Wainwright
D. Terry v. Ohio
2. During a custodial investigation, a person in custody must be informed of their right to remain silent and their right to have competent and independent counsel, preferably of their own choice. This universally adopted procedural safeguard against self-incrimination originated from which historic case?
A. Gideon v. Wainwright
B. Mapp v. Ohio
C. Miranda v. Arizona
D. Escobedo v. Illinois
3. The fundamental right of an accused to be assisted by counsel during trial, ensuring that even indigent defendants are provided with a court-appointed lawyer at the expense of the state to guarantee a fair trial, is rooted in the principles of which case?
A. Mapp v. Ohio
B. Miranda v. Arizona
C. Gideon v. Wainwright
D. Furman v. Georgia
4. A police officer conducts a raid on a suspect's home without a valid search warrant and discovers incriminating documents. If the suspect's defense lawyer successfully moves to suppress this evidence to prevent the prosecution from using it at trial, the lawyer is primarily relying on the legal precedent set by which case?
A. Mapp v. Ohio
B. Miranda v. Arizona
C. Gideon v. Wainwright
D. Marbury v. Madison
5. A police officer witnesses a man running out of a convenience store holding a knife and a blood-stained bag of money, while the store clerk is screaming for help. The officer immediately chases and arrests the man without a warrant. Under Rule 113, Section 5 of the Revised Rules on Criminal Procedure, what is the specific classification of this warrantless arrest?
A. In flagrante delicto arrest
B. Hot pursuit arrest
C. Arrest of an escaped prisoner
D. John Doe's arrest
6. Under the current 2024 DOJ-NPS Rules on Preliminary Investigations, a formal preliminary investigation is strictly required to be conducted only for criminal offenses carrying what minimum prescribed penalty?
A. At least 4 years, 2 months, 1 day
B. At least 6 years and 1 day
C. At least 12 years and 1 day
D. For all offenses with jail time
7. As a general rule, all criminal actions must be prosecuted under the direction and control of the public prosecutor. However, in cases of private crimes like seduction, abduction, or acts of lasciviousness, who must exclusively file the complaint to successfully initiate the criminal action?
A. The Chief of Police
B. The offended party or parents
C. Any citizen with knowledge
D. The Barangay Captain
8. The accused was charged with the crime of Murder, which carries the penalty of reclusion perpetua. During the bail hearing, the prosecution successfully demonstrated that the evidence of guilt against the accused is strong. How does the court rule on the bail application?
A. Granted as a matter of right
B. Denied by judicial discretion
C. Granted with double the amount
D. Denied as a matter of right
9. What is the legal consequence if an accused refuses to plead, or makes a conditional plea, during their formal arraignment before the trial court?
A. Arraignment is postponed
B. Automatic conviction judgment
C. A "not guilty" plea is entered
D. Case is dismissed immediately
10. A search warrant was legally issued by a judge on June 1st. The police operatives were heavily occupied with another high-profile case and were only able to execute the raid on June 15th. What is the status of the search warrant used during the June 15th operation?
A. Valid until cancelled by the judge
B. Void after ten days from the date
C. Valid due to a 30-day window
D. Voidable by motion to quash
Criminal Law and Jurisprudence Review Questions 1
Answer:
1. B
2. C
3. C
4. A
5. B
6. B
7. B
8. B
9. C
10. B