CJUS 410 FINAL EXAM QUESTIONS
AND CORRECT DETAILED ANSWERS
A grand jury is composed of a group of: - correct answer-
private citizens
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: - correct answer- the due process clause does
not require government actors to affirmatively protect life.
According to the defense of official immunity, an officer is
personally liable: - correct answer- for any willful or
malicious misconduct.
According to the dual sovereignty doctrine: - correct
answer- different jurisdictions can prosecute and punish a
defendant for the same conduct.
After grand jurors are sworn in, they are charged by the -
correct answer- judge
, Bivens actions are: - correct answer- constitutional tort
actions against federal officers.
Courts that have allowed the state-created-danger exception
apply it in one of two ways. The first way requires a special
relationship between the government and the victim, plus: -
correct answer- a danger created by the state
Detective Stanton gets a tip from John Bratton's neighbor that
Bratton is dealing drugs out of his house. Detective Stanton and
a newly hired officer, Stankowitcz (awaiting to go to the
academy) conduct surveillance and try to make undercover
buys, unsuccessfully. Detective Stanton has bigger fish to fry and
moves on. However, just a week after graduating from the
academy newly minted Officer Stankowitcz decides to bust
Bratton, whatever the cost. Officer Stankowitcz, knocks on
Bratton's door, and tells him he knows he is a dealer. He
demands to search the house, but Bratton refuses. As Bratton
pushes the door closed, Officer Stankowitcz forces it open and
steps in. He smells something awful. - correct answer- As
the prosecutor, I would argue that several exceptions to the
exclusionary rule apply here, making the evidence admissible
despite Officer Stankowitcz's illegal entry. First, the inevitable
discovery doctrine applies because Bratton's ex-girlfriend
independently told police where the bodies were buried, and
officers later obtained valid warrants for those properties.
AND CORRECT DETAILED ANSWERS
A grand jury is composed of a group of: - correct answer-
private citizens
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: - correct answer- the due process clause does
not require government actors to affirmatively protect life.
According to the defense of official immunity, an officer is
personally liable: - correct answer- for any willful or
malicious misconduct.
According to the dual sovereignty doctrine: - correct
answer- different jurisdictions can prosecute and punish a
defendant for the same conduct.
After grand jurors are sworn in, they are charged by the -
correct answer- judge
, Bivens actions are: - correct answer- constitutional tort
actions against federal officers.
Courts that have allowed the state-created-danger exception
apply it in one of two ways. The first way requires a special
relationship between the government and the victim, plus: -
correct answer- a danger created by the state
Detective Stanton gets a tip from John Bratton's neighbor that
Bratton is dealing drugs out of his house. Detective Stanton and
a newly hired officer, Stankowitcz (awaiting to go to the
academy) conduct surveillance and try to make undercover
buys, unsuccessfully. Detective Stanton has bigger fish to fry and
moves on. However, just a week after graduating from the
academy newly minted Officer Stankowitcz decides to bust
Bratton, whatever the cost. Officer Stankowitcz, knocks on
Bratton's door, and tells him he knows he is a dealer. He
demands to search the house, but Bratton refuses. As Bratton
pushes the door closed, Officer Stankowitcz forces it open and
steps in. He smells something awful. - correct answer- As
the prosecutor, I would argue that several exceptions to the
exclusionary rule apply here, making the evidence admissible
despite Officer Stankowitcz's illegal entry. First, the inevitable
discovery doctrine applies because Bratton's ex-girlfriend
independently told police where the bodies were buried, and
officers later obtained valid warrants for those properties.
