Criminal Procedure Act Quiz
Criminal procedure act is one of the laws laid down by the land that either help a person from wrongful arrest or to serve as a guide on how the courts treat specific lawbreakers. Just how well informed are you when it comes to some of the procedure to be followed about a criminal. Take this test and find out!
- 1.
"Prosecution Withdrawn” is considered which type of disposition?
- A.
A. Conviction
- B.
B. Active Diversion
- C.
C. Dismissed Diversion
- D.
D. Straight Dismissal
Correct Answer
D. D. Straight DismissalExplanation
"Prosecution Withdrawn" refers to the action of the prosecution voluntarily withdrawing the charges against the defendant. This means that the case is dismissed without any conviction or diversion program. Therefore, the correct answer is D. Straight Dismissal.Rate this question:
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- 2.
A charge that occurred 10 years ago is still considered reportable in restricted states if the disposition date is within the past 7 years.
- A.
True
- B.
False
Correct Answer
A. TrueExplanation
In restricted states, charges that occurred 10 years ago are still considered reportable if the disposition date is within the past 7 years. This means that even though the charge may have occurred a decade ago, it is still relevant and needs to be reported if the disposition date falls within the past 7 years.Rate this question:
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- 3.
State restrictions should be applied if
- A.
A. The applicant currently lives in a restricted state
- B.
B. The applicant has ever lived in a restricted state
- C.
C. A record is located in a restricted state
- D.
D. The applicant is applying to work in a restricted state
Correct Answer(s)
A. A. The applicant currently lives in a restricted state
D. D. The applicant is applying to work in a restricted stateExplanation
State restrictions should be applied if the applicant currently lives in a restricted state or if the applicant is applying to work in a restricted state. This means that if the applicant is currently residing in a state where certain restrictions are in place, or if they are applying for a job in a state with restrictions, then the state restrictions should be applied. The other options, such as the applicant having ever lived in a restricted state or a record being located in a restricted state, do not necessarily indicate that state restrictions should be applied.Rate this question:
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- 4.
A record reports for a restricted state with a disposition dated 10 years ago, however the sentencing indicates 5 years prison time.
- A.
A. The record should be suppressed because the disposition date is outside of 7 years
- B.
B. Add the 5 years prison time which makes the record fall within the scope
- C.
C. Public records should verify the physical prison release date *
- D.
D. Check the client’s grading criteria to determine whether a 10-year old record is reportable
Correct Answer
C. C. Public records should verify the pHysical prison release date *Explanation
The correct answer is C. Public records should verify the physical prison release date. This means that instead of relying solely on the disposition date, the record should be suppressed only if the physical prison release date is outside of 7 years. In this case, even though the disposition date is 10 years ago, if the prison release date falls within the 7-year limit, the record should not be suppressed. This emphasizes the importance of verifying the actual release date rather than just the disposition date.Rate this question:
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- 5.
Dismissed diversions are not reportable in which of the following states:
- A.
A. CA
- B.
B. KY
- C.
C. Dismissed diversion are not reportable in any of the restricted states
- D.
D. Dismissed diversions are not reportable in any state
Correct Answer
D. D. Dismissed diversions are not reportable in any stateExplanation
Dismissed diversions are not reportable in any state. This means that regardless of which state the offense occurred in, if the diversion was dismissed, it does not need to be reported. This is in contrast to the other options, which suggest that dismissed diversions are not reportable in specific states (CA or KY) or only in restricted states. The correct answer implies that dismissed diversions are universally not reportable.Rate this question:
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- 6.
Which of the following are reportable per SOP?
- A.
A. Misdemeanors
- B.
B. Felonies
- C.
C. Summary Offenses
- D.
D. Ordinance Violations
Correct Answer(s)
A. A. Misdemeanors
B. B. FeloniesExplanation
According to the given options, misdemeanors and felonies are reportable per SOP (Standard Operating Procedure). This means that any incidents or crimes falling under these categories must be reported following the established procedures. However, there is no information provided about the reportability of summary offenses and ordinance violations, so it cannot be determined if they are reportable or not based on the given options.Rate this question:
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- 7.
We should not report a pending record older than 7 years even if we verify there is still an active warrant
- A.
True
- B.
False
Correct Answer
A. TrueExplanation
It is important not to report a pending record older than 7 years, even if there is an active warrant. This is because after 7 years, the record may be considered outdated and no longer relevant. Reporting such records could lead to inaccurate information being included in background checks or other reports, potentially causing harm or unfair treatment to individuals. Therefore, it is best to adhere to the 7-year rule and not report these older pending records.Rate this question:
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- 8.
As long as a record is reportable per SOP we can report it regardless of the client’s grading criteria
- A.
True
- B.
False
Correct Answer
B. FalseExplanation
The statement is false because the client's grading criteria is an important factor in determining whether a record should be reported. Even if a record is reportable per SOP (Standard Operating Procedure), it does not mean that it should be reported if it does not meet the client's grading criteria. The client's grading criteria may include specific requirements or thresholds that need to be met for a record to be reported. Therefore, it is necessary to consider both the SOP and the client's grading criteria when deciding whether to report a record.Rate this question:
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- 9.
Which of the following is not a restricted state
- A.
A. AZ
- B.
B. CA
- C.
C. NV
- D.
D. NH
Correct Answer
A. A. AZExplanation
The correct answer is A. AZ. This is because the question asks for a state that is not restricted, meaning it is not subject to any limitations or restrictions. The other options, CA (California), NV (Nevada), and NH (New Hampshire), are not mentioned as restricted states, so they are not the correct answer.Rate this question:
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- 10.
Which of the following is not considered a diversion?
- A.
A. Deferred adjudication
- B.
B. Suspended imposition of sentence
- C.
C. Suspended execution of sentence
- D.
D. Prayer for judgment
Correct Answer
C. C. Suspended execution of sentenceExplanation
A diversion is a legal program that allows individuals charged with a crime to avoid traditional criminal prosecution by completing certain requirements, such as counseling or community service. Deferred adjudication, suspended imposition of sentence, and prayer for judgment are all forms of diversion programs that offer alternatives to traditional sentencing. However, suspended execution of sentence refers to the postponement of the imposition of a sentence after a conviction, rather than offering an alternative to prosecution. Therefore, it is not considered a diversion.Rate this question:
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- 11.
If the CIF indicates to report a record that is not reportable per SOP (for example, the CIF says to report single dismissals) which guidelines do we follow?
- A.
A. Follow the CIF and report the record
- B.
B. Follow the SOP and do not report it
- C.
C. Check the Watson guidelines to see what they say
- D.
D. E-mail the account manager for advice
Correct Answer
A. A. Follow the CIF and report the recordExplanation
If the CIF indicates to report a record that is not reportable per SOP, the correct answer is to follow the CIF and report the record. This means that even though the SOP may state not to report it, the CIF takes precedence in this situation.Rate this question:
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- 12.
A conviction for DUI is considered a traffic record and should not be reported per SOP.
- A.
True
- B.
False
Correct Answer
B. FalseExplanation
A conviction for DUI is not considered a traffic record and should be reported per SOP.Rate this question:
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- 13.
Which of the following is not a restricted state?
- A.
A. MA
- B.
B. MD
- C.
C. MI
- D.
D. MO
Correct Answer(s)
C. C. MI
D. D. MO -
- 14.
A charge of “Misdemeanor Speeding” is reportable per SOP.
- A.
True
- B.
False
Correct Answer
B. FalseExplanation
A charge of "Misdemeanor Speeding" is not reportable per SOP. This means that it is not required to be reported according to the Standard Operating Procedures.Rate this question:
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- 15.
Which of the following is not considered a straight dismissal?
- A.
A. No bill
- B.
B. Nolle Prosequi
- C.
C. Non adjudication of guilt *
- D.
D. Stricken with leave
Correct Answer
C. C. Non adjudication of guilt *Explanation
Non adjudication of guilt is not considered a straight dismissal because it implies that the guilt of the accused has not been determined or adjudicated. In other words, it means that the case has not been resolved and the accused has not been found guilty or innocent. This is different from a straight dismissal where the charges are dropped and the accused is considered innocent.Rate this question:
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- 16.
Active diversions are not reportable in which of the following states?
- A.
A. AZ
- B.
B. CA
- C.
C. KS
- D.
Option4
Correct Answer(s)
A. A. AZ
B. B. CA
C. C. KSExplanation
Active diversions are not reportable in Arizona (AZ), California (CA), and Kansas (KS).Rate this question:
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- 17.
Which of the following is not a restricted state?
- A.
A. KS
- B.
B. KY
- C.
C. MT
- D.
D. NM
Correct Answer
B. B. KYExplanation
Kentucky (KY) is not a restricted state. This means that there are no restrictions or limitations imposed on activities or movements within the state of Kentucky. The other options, KS (Kansas), MT (Montana), and NM (New Mexico), may have certain restrictions or regulations in place.Rate this question:
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- 18.
A diversionary disposition that is still active is considered which type of record?
- A.
A. Conviction
- B.
B. Pending
- C.
C. Dismissal
- D.
D. Open Warrant
Correct Answer
B. B. PendingExplanation
A diversionary disposition refers to a legal arrangement where a defendant agrees to fulfill certain conditions, such as attending counseling or completing community service, in exchange for having their charges dismissed or reduced. If a diversionary disposition is still active, it means that the defendant has not yet completed the agreed-upon conditions. Therefore, it is considered a pending record, as the final outcome of the case is still pending based on the completion of the diversion program.Rate this question:
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- 19.
Certain accounts are approved exceptions to SOP and may receive records that are dismissed or out of scope in restricted states.
- A.
True
- B.
False
Correct Answer
A. TrueExplanation
Some accounts are considered exceptions to the standard operating procedure (SOP) and are allowed to receive records that are dismissed or out of scope in restricted states. This suggests that there are certain circumstances where these accounts can bypass the usual rules and regulations. Therefore, the statement is true.Rate this question:
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- 20.
If the applicant provides admitted criminal information and we locate the record but it is not reportable according to the client’s guidelines, we should:
- A.
A. Report the record anyway because it is the admitted crim
- B.
B. Suppress the record but grade for it since the applicant admitted to it
- C.
C. Suppress the record according to the same guidelines as any other record
- D.
D. E-mail the account manager for advice on whether to report the record
Correct Answer
C. C. Suppress the record according to the same guidelines as any other recordExplanation
If the applicant provides admitted criminal information and we locate the record but it is not reportable according to the client's guidelines, we should suppress the record according to the same guidelines as any other record. This means that even though the applicant admitted to the criminal activity, if it does not meet the criteria set by the client for reporting, we should not include it in the report. The guidelines should be applied consistently to all records, regardless of whether the applicant admitted to them or not.Rate this question:
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Current Version
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Mar 21, 2023Quiz Edited by
ProProfs Editorial Team -
Sep 30, 2014Quiz Created by
Cchristian
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