Practice Exam: Law Enforcement Administration - Human Rights in Law Enforcement (Set 55)
A 30-question practice exam covering human rights principles, use of force, and constitutional rights in policing.
1. The "Miranda Rights" are a set of warnings that a police officer is required to give to a detainee in the Philippines. Which of the following is NOT part of the Miranda warning?
A.You have the right to remain silent.
B.Any statement you make can be used against you in a court of law.
C.You have the right to a speedy, impartial, and public trial.
D.You have the right to have a competent and independent counsel, preferably of your own choice.
2. When does the duty of a police officer to inform a person of their constitutional rights (Miranda Rights) begin?
A.Upon the filing of a formal complaint.
B.During the trial phase.
C.As soon as the person is taken into custody or deprived of their freedom of action in any significant way.
D.Only when the person starts to confess to a crime.
3. Under the Bill of Rights, a person under investigation for the commission of an offense has the right to be informed of his right to remain silent and to have counsel. What happens to any confession or admission obtained in violation of this right?
A.It is admissible if corroborated by other evidence.
B.It is admissible if the person later waives their right.
C.It shall be inadmissible in evidence against him.
D.It can be used to impeach the witness's credibility.
4. What is the legal principle that requires a law enforcement officer to have a reasonable ground to believe that a person has committed or is committing a crime before making an arrest without a warrant?
A.Reasonable suspicion
B.Probable cause
C.In flagrante delicto
D.Hot pursuit
5. An arrest made "in flagrante delicto" is a lawful warrantless arrest. Which of the following scenarios best exemplifies this?
A.A police officer arrests a suspect based on a tip from an anonymous informant.
B.A police officer sees a man snatching a woman's purse and immediately apprehends him.
C.A police officer arrests a person a week after a crime was committed based on witness accounts.
D.A police officer arrests someone who looks suspicious standing on a street corner.
6. The right to counsel during custodial investigation is a fundamental right. If the person cannot afford the services of a counsel, who must provide one for him/her?
A.The person's family or relatives.
B.A non-governmental organization.
C.The state (the investigating officers).
D.The Public Attorney's Office (PAO) exclusively.
7. What is the primary purpose of the right against unreasonable searches and seizures?
A.To make it difficult for police to gather evidence.
B.To protect the privacy and sanctity of the person, house, papers, and effects.
C.To ensure that all evidence presented in court is authentic.
D.To prevent the arrest of innocent individuals.
8. A "search incidental to a lawful arrest" is a recognized exception to the requirement of a search warrant. What is the permissible scope of this search?
A.The entire house of the arrested person.
B.The person of the arrestee and the area within his immediate control.
C.The vehicle of the arrested person, even if it's parked a block away.
D.Any property belonging to the arrested person.
9. What is the writ of habeas corpus?
A.A writ to stop an act of a lower court.
B.A writ to compel the performance of a duty.
C.A writ requiring a person under arrest to be brought before a judge or into court.
D.A writ to review the evidence of a case.
10. The right to bail in the Philippines is guaranteed by the Constitution, but it is not absolute. When can the right to bail be denied?
A.For all offenses punishable by life imprisonment.
B.When a person is charged with an offense punishable by reclusion perpetua and the evidence of guilt is strong.
C.For all persons who are considered a flight risk.
D.For any person with a prior criminal record.
11. According to the UN Code of Conduct for Law Enforcement Officials, what is the fundamental principle that should govern the use of force?
A.Use of force is the primary means of ensuring compliance.
B.Force should be used whenever a suspect is uncooperative.
C.The use of force should be exceptional, and applied only when strictly necessary.
D.Lethal force can be used to prevent the escape of any suspect.
12. Article 1 of the UN Code of Conduct for Law Enforcement Officials states that officers shall at all times fulfill the duty imposed upon them by law, by serving the community and...
A.enforcing the orders of their superiors.
B.prioritizing the security of the state.
C.protecting human dignity and maintaining and upholding the human rights of all persons.
D.gathering intelligence on criminal elements.
13. The UN Basic Principles on the Use of Force and Firearms by Law Enforcement Officials state that lethal force may only be used when...
A.a suspect is attempting to flee from arrest.
B.a suspect is verbally threatening the officer.
C.it is strictly unavoidable in order to protect life.
D.an officer needs to subdue a large, unruly crowd.
14. What does the principle of "proportionality" mean in the context of the use of force?
A.The officer can use force equal to the force used against them.
B.The level of force used must be commensurate with the threat posed by the suspect and the seriousness of the offense.
C.An officer must always use the minimum amount of force possible.
D.The officer should use the same type of weapon as the suspect.
15. The UN Code of Conduct prohibits any act of torture or other cruel, inhuman or degrading treatment or punishment. Can a police officer justify such an act by claiming it was ordered by a superior officer?
A.Yes, if the order came from the highest-ranking official.
B.Yes, but only in cases of national emergency.
C.No, a law enforcement official may not invoke superior orders as a justification for torture.
D.No, unless the subordinate officer's life was in danger.
16. If a law enforcement operation results in injury or death, what is the duty of the officers involved according to the UN Basic Principles?
A.To secure the area and wait for investigators.
B.To render medical assistance to the injured persons immediately.
C.To immediately leave the scene to avoid tampering with evidence.
D.To only provide aid if the injured person is not a suspect.
17. The UN Basic Principles emphasize the importance of accountability. What should happen after an incident involving the use of firearms by law enforcement?
A.An internal review is sufficient if no one was killed.
B.The officer involved should be automatically suspended.
C.A prompt, thorough, and impartial investigation by an independent body should be conducted.
D.The incident should be reported in the officer's daily log.
18. According to the UN Code of Conduct, information of a confidential nature in the possession of law enforcement officials shall be kept secret, unless...
A.the media offers payment for the information.
B.a superior officer requests it for personal reasons.
C.the performance of duty or the needs of justice strictly require otherwise.
D.the official has retired from the service.
19. The "Anti-Torture Act of 2009" is also known as:
A.R.A. 9165
B.R.A. 8049
C.R.A. 9745
D.R.A. 10353
20. Under R.A. 9745, which of the following is considered an act of "mental/psychological torture"?
A.Subjecting a person to electric shocks.
B.Forcing a person to maintain a painful posture for a prolonged period.
C.Threatening a person or his/her family with harm to coerce a confession.
D.Contaminating a person's food with excrement.
21. What is the absolute rule regarding confessions or admissions obtained as a result of torture under the Anti-Torture Act?
A.They are admissible if the victim does not complain.
B.They are admissible if there is other corroborating evidence.
C.They are inadmissible in any proceeding, except as evidence against a person accused of torture.
D.They are admissible in civil cases but not in criminal cases.
22. R.A. 9745 explicitly prohibits the use of "secret detention places." What is the purpose of this provision?
A.To save government resources on building official jails.
B.To prevent the concealment of victims and the crime of torture.
C.To ensure all detention facilities have proper ventilation.
D.To allow families easy access to visit detainees.
23. What is the highest penalty for a person found guilty of torture that results in the death of the victim under R.A. 9745?
A.Prision mayor
B.Reclusion temporal
C.Reclusion perpetua
D.Death penalty
24. Under the Anti-Torture Act, who can be held liable for the crime of torture?
A.Only law enforcement officers.
B.Only public officials.
C.Any person, whether a public official, an employee, or a private individual.
D.Only military personnel.
25. What is the primary mandate of the Commission on Human Rights (CHR) of the Philippines?
A.To prosecute human rights violators in court.
B.To issue arrest warrants for human rights abusers.
C.To investigate all forms of human rights violations involving civil and political rights.
D.To command and control the Philippine National Police.
26. Which of the following best defines an "extrajudicial killing" (EJK)?
A.Any homicide that occurs outside of a courtroom.
B.A killing committed by a private individual out of personal grudge.
C.The killing of a person by agents of the state without undergoing any legal or judicial process.
D.A death resulting from a legitimate police operation.
27. The "Anti-Enforced or Involuntary Disappearance Act of 2012" is also known as:
A.R.A. 9745
B.R.A. 9372
C.R.A. 10353
D.R.A. 8353
28. What is a key element of the crime of "enforced or involuntary disappearance"?
A.The victim must be a political activist.
B.The perpetrators conceal the fate or whereabouts of the victim or refuse to acknowledge the deprivation of liberty.
C.The disappearance must last for more than one year.
D.The victim must be found dead.
29. The principle of "command responsibility" in human rights law holds that a superior officer may be held accountable for the crimes of their subordinates if:
A.The superior officer was present during the commission of the crime.
B.The subordinate is a close relative of the superior officer.
C.The superior knew or had reason to know that the subordinate was about to commit or had committed such acts and failed to take necessary and reasonable measures to prevent or punish them.
D.The superior officer gave a direct order to commit the crime.
30. If the CHR investigates a case of alleged police brutality and finds sufficient evidence, what is its next course of action?
A.File a criminal case directly with the Sandiganbayan.
B.Order the immediate dismissal of the police officer from service.
C.Recommend the filing of appropriate criminal and administrative charges to the Office of the Ombudsman or the proper prosecutorial body.
D.Issue a writ of amparo to protect the victim.