ch 2

the people

1. Only the direct action of the whole _______ can change the U.S. Constitution.

T

1. The Constitution is a different type of document than a statute, because it expresses the will of the people as a whole.

T

10. In Powell v. Alabama, the 1932 Supreme Court decision involving several black youths accused of raping two white girls on a train, the court ruled that the due process clause of the Fourteenth Amendment requires states to provide the rudiments of a fair trial—fundamental fairness.

selective incorporation

10. In deciding which rights in the Bill of Rights apply to the states as well as the federal government, the Supreme Court has decided on a right-by-right basis. This approach by the Supreme Court is known as __________ .

F

11. In Brown v. Mississippi, a case involving a Mississippi black man who was tortured into confessing to a murder, the Supreme Court ruled that criminal procedure was a totally local matter.

T

12. According to the Fundamental Fairness Doctrine, due process is a general command, requiring states to provide the rudiments of a fair trial.

T

13. Most of the Bill of Rights' guarantees have now been made applicable to and binding on the states through the due process clause of the 14th Amendment.

F

14. The total incorporation doctrine has been accepted by the majority of the Supreme Court.

F

15. Equal protection of the law means that states must treat everybody alike.

laws

2. Detailed, constantly changing rules passed by legislatures are called ________.

T

2. The Constitution always binds the government.

T

3. Criminal procedures are the rules government must follow in enforcing the criminal law.

procedural due process

3. The idea that due process guarantees fair procedures for deciding cases is called _______.

T

4. Although it is the highest court in the land, the U.S. Supreme Court depends on local courts and the police to apply its decisions to daily situations.

United States Constitution

4. The ultimate source of the law of criminal procedure is the ______________.

parallel rights

5. Rights every state guarantees its citizens similar to those in the United States Constitution and Bill of Rights are known as .

T

5. The United States Supreme Court has no authority to interpret a state constitution as long as state constitutional provisions and the decisions interpreting them meet the standards set by the United States Constitution.

F

6. In Palko v. Connecticut, the US Supreme Court found that freedom from double jeopardy was a fundamental right and thus part of due process.

the united states supreme court

6. The final authority on interpreting the U.S. Constitution is ________________.

T

7. Some state constitutions provide rights not mentioned in the U.S. Constitution

judicial review

7. The power of courts to declare laws and government actions unconstitutional is called ________________.

Supremacy Clause

8. Final government authority rests in the U.S. Constitution by virtue of the ____________.

F

8. The U.S. Supreme Court has used the due process clause of the Fifth Amendment to extend most of the protections in the Bill of Rights to state criminal proceedings.

total incorporation

9. The __________ doctrine holds that the due process clause included all of the specific provisions of the Bill of Rights.

F

9. The fear of fascism and the rise of Nazi Germany did not revive the historical fears Americans had of arbitrary government.

C

A decision of the U.S. Supreme Court that is based on an interpretation of a provision of the U.S. Constitution is: a. binding on all lower federal courts only. b. binding on state courts only. c. binding on both state courts and lower federal courts. d. binding on all other U.S. courts but only for the next twenty years.

D

A motion for discovery: a. asks the court to consider new evidence in the case. b. asks the judge to investigate the opposing party's evidence. c. asks the court to allow the defendant additional time to gather more evidence. d. asks the court to order the opposing party to turn over information they have gathered to the party making the motion.

D

According to the Supreme Court in Powell v. Alabama, the famous "Scottsboro Case" of 1932 involving several black youths accused of raping two white girls on a train,: a. the entire Bill of Rights applies to state criminal procedure. b. the due process clause requires states to follow all of the federal government's rules of criminal procedure. c. all criminal defendants are entitled to a lawyer in every criminal case free of charge. d. in the severe circumstances of this case—young, ignorant, illiterate defendants facing the death penalty in a hostile environment far from their family and friends—the state was required under the federal Constitution to provide counsel for the defendants.

B

Although he concurred with the result in Rochin v. California, Justice Black disagreed with the majority's approach to deciding what constitutes due process because: a. he felt that the conviction should have stood. b. he felt the majority's approach gave individual justices too much leeway to enforce their own notions of justice on the states. c. he felt it was too rigid and unbending. d. he felt the Court had no business reviewing state court convictions.

C

An appellate court hearing where all of the judges on the court consider the case as opposed to a panel of three judges is called: a. a writ of habeas corpus. b. a petition for certiorari. c. a hearing en banc. d. a discovery hearing.

C

Both the fundamental fairness and incorporation doctrines promote similar interests. Nonetheless, they differ in several respects. These differences include: I. they define due process differently. II. the extent to which they require uniform treatment by the states. III. the incorporation doctrine relies on natural law and the fundamental fairness doctrine relies on the Bill of Rights. IV. The fundamental fairness doctrine derives its meaning independent of the Bill of Rights while incorporation derives its meaning from the Bill of Rights. a. I b. II, III c. I, II, IV d. I, II, III, IV

D

Criminal procedure refers to the: I. methods the government can use to investigate criminals. II. methods the government can use to prosecute criminals. III. methods the government can use to convict criminals. IV. methods the government can use to punish criminals. a. I, II b. II, III c. I d. I, II, III, IV

A

Criticism of the incorporation doctrine is particularly harsh when the national standards established in the incorporation doctrine are applied to: a. local police. b. local prosecutors. c. state supreme courts. d. federal law enforcement agencies.

B

Equal protection of the law means that: I. states cannot investigate, apprehend, convict, and punish people unreasonably. II. states must treat everybody alike. III. courts will look suspiciously at classifications passed on race and ethnicity. IV. the value of equality is deeply embedded in the concept of United States constitutionalism. a. I, II, III, IV b. I, III, IV c. I, IV d. III

D

In Hurtado v. California (1884), involving the murder by Hurtado of his wife's lover, the Supreme Court ruled that the Fourteenth Amendment due process clause: a. requires jury trials in all state courts. b. requires states to provide a grand jury indictment in capital cases. c. does not forbid states to use the death penalty because it does not define defendants of a "fundamental right" in capital cases. d. does not require states to provide a grand jury indictment in capital cases.

A

In Palko v. Connecticut (1937), the Supreme Court ruled that: a. the double jeopardy clause does not apply to state criminal proceedings. b. the double jeopardy clause does apply to state criminal proceedings. c. the fundamental fairness doctrine is no longer applicable. d. selective incorporation is the prevailing doctrine.

A

In U.S. v. Armstrong, the case in which the defendants' made a motion for dismissal on selective prosecution grounds because they were Black, the Supreme Court indicated that: I. Prosecution may not be based on an unjustifiable standard such as race. II. The claimant must demonstrate that the federal prosecution policy had a discriminatory effect. III. The claimant must demonstrate that the federal prosecution policy was motivated by a discriminatory purpose. IV. The defendant's evidence in this case did not constitute the essential elements of a selective prosecution claim. a. I, II, III, IV b. I, IV c. II, IV d. I, II, III

C

In order to claim a violation of the equal protection clause, a claimant must: a. prove the official government action had a discriminatory effect. b. prove the official intended to discriminate. c. prove that the government action had a discriminatory effect and a discriminatory purpose. d. prove that the government action treated him or her differently than other people.

C

Justice Felix Frankfurter: a. was the main advocate of selective incorporation. b. was the main advocate of total incorporation. c. was the main advocate of the fundamental fairness doctrine. d. advocated neither the fundamental fairness nor incorporation approach to due process.

B

Justice Hugo Black: a. was the main advocate of selective incorporation. b. was the main advocate of total incorporation. c. was the main advocate of the fundamental fairness doctrine. d. advocated neither the fundamental fairness nor incorporation to due process.

D

Most criminal procedure provisions in the Constitution are found in the: I. Fourth and Fifth Amendments. II. Fourteenth Amendment. III. Fourth, Fifth, Sixth, Eighth Amendments. IV. Fourth, Sixth, and Fourteenth Amendments. a. I b. II. c. III. d. II, III

B

Selective incorporation means: a. the state legislatures can select which provisions in the Bill of Rights to incorporate. b. only some of the Bill of Rights are incorporated into the due process clause of the Fourteenth Amendment. c. only the Fourth and Fifth Amendments are incorporated into the due process clause of the Fourteenth Amendment. d. state supreme courts shall decide which provisions in the Bill of Rights their states should incorporate

D

The "presumption of regularity" posits that: a. most people who claim a violation of the equal protection clause have been discriminated against. b. most people who allege due process violations have been harmed. c. there is a set of due process requirements that apply in regular criminal cases. d. government actions are presumed lawful unless there's clear evidence to the controversy.

D

The First World War and the rise of fascism: a. gave rise to a stronger faith in government in America. b. had little or no effect on American criminal procedure. c. led to calls for the abolition of the Fourteenth Amendment. d. revived traditional American fears of arbitrary government.

A

The Fourteenth Amendment: I. was enacted after the Civil War. II. helped establish federal supremacy over states' rights. III. embodied the idea that all are entitled to equal rights. IV. contains a due process clause. a. I, II, III, IV b. I, III, IV c. I, II, IV d. II, III, IV

B

The Supremacy Clause of the U.S. Constitution: a. explicitly provides for judicial review. b. vests final government authority in the U.S. Constitution. c. only applies to the federal government. d. does not apply to state court decisions.

D

The Supreme Court in Rochin v. California, involving police officers who forced a stomach pumping in order to retrieve swallowed narcotics,: a. held that the Fifth Amendment applies to the states. b. ruled that the Fourth Amendment applies to the states. c. held that the Fifth Amendment due process clause does not apply to the states. d. held that the police conduct shocked the conscience and violated due process.

C

The Supreme Court, interpreting the Fourteenth Amendment due process clause, has decided that which one(s) of the following rights found in the Bill of Rights apply to the states? I. right against unreasonable searches II. right to indictment by grand jury III. right against cruel and unusual punishments IV. right to confrontation a. I, II, III, IV b. I c. I, III, IV d. III, IV

D

The U.S. Supreme Court has the power to manage how the lower federal courts conduct their business. This is called the Court's: a. power of judicial review. b. due process standard. c. supreme power. d. supervisory power.

A

The United States Constitution: a. sets minimum national constitutional standards. b. sets the highest possible constitutional standards, but only for the federal government. c. sets the highest possible constitutional standards both for state and national governments. d. prescribes detailed rules for police officers to follow when arresting citizens.

D

The criminal procedure provision(s) in the body of Constitution, as opposed to the Bill of Rights is/are: I. habeas corpus. II. privilege against self incrimination. III. right to confront witnesses. IV. trial by jury in the community where the crime allegedly occurred. a. I b. II, IV c. I, III d. I, IV

B

The fundamental fairness doctrine of due process requires states to provide: I. notice to defendants of the charges against them. II. an attorney at state expense if they cannot afford one. III. a grand jury proceeding. IV. a hearing on the facts before conviction and punishment. a. I, II, III b. I, IV c. III, IV d. I, III, IV

A

The major differences between the United States Constitution and other documents that courts interpret include: I. the Constitution always binds the government. II. the Constitution cannot be changed by government. III. the Constitution is the expression of the whole people. IV. the Constitution is a higher form of law. a. I, II, III, IV b. III, IV c. I, III, IV d. IV

B

The sources of American criminal procedure law include: I. the United States Constitution. II. United States Supreme Court decisions. III. Federal rules of criminal procedure. IV. State court opinions. a. I b. I, II, III, IV c. I, II d. I, II, III

A

The term "due process revolution" refers to: a. the Supreme Court's expansion of individual rights in the 1960s. b. the Civil unrest that swept the U.S. in the 1960s. c. the passage of the Fourteenth Amendment. d. the adoption of the fundamental fairness doctrine by the Court in the 1930s.

A

The term "parallel rights" refers to: a. rights guaranteed by a state constitution that are similar to the rights guaranteed by the U.S. Constitution. b. rights guaranteed by a state constitution that include rights not guaranteed by the U.S. Constitution. c. rights guaranteed by state statute that are similar to the rights included in the state constitution. d. state rights that have been replaced by federal rights.

D

The total incorporation doctrine: a. leaves the states more freedom to determine their own procedures than the fundamental fairness doctrine. b. means that the equal protection clause incorporates the provisions in all the Bill of Rights relating to criminal procedure. c. would incorporate in total those rights in the Bill of Rights that are "implicit in the concept of ordered liberty." d. means that the due process clause of the Fourteenth Amendment incorporates the provisions in all the Bill of Rights relating to criminal procedure.

C

Which of the following is not a source of Criminal Procedural law? a. state court opinions b. Model Code of Pre-arraignment Procedure c. administrative agency regulations d. state rules of criminal procedure

B

Which of the following is not involved in a criminal procedure course? a. Equal Protection of the law b. Criminal law c. Procedural due process d. Fundamental fairness

A

With respect to the Fourteenth Amendment due process clause: a. the Supreme court has defined it differently over time. b. it applied initially to the federal government only. c. courts did not extend its protection to state criminal justice during the twentieth century. d. due process is synonymous with equal protection.