Constitutional Criminal Procedure Exam 1

Besides notification of charges against the accused, what is the other procedural element that was required to satisfy the definition of a 'fair trial' under the Fundamental Fairness Doctrine?

A hearing of the facts before sentencing

Which amendment to the United States Constitution forbids a government appeal of a verdict of "not guilty?"

Eighth Amendment

Apple iOS8 has never been "cracked."

False

Balancing refers to securing public safety for the whole community, without concern for the liberty and privacy of every individual in the community.

False

Evidence-based decision-making relies solely on legal evidence.

False

SCOTUS 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.

False

The early Roman republic had virtually no safeguards for individuals against government power in its law of criminal procedure.

False

Six members of what terrorist organization attacked entertainment sites in Paris on November 13, 2015?

Islamic State of Iraq

In March, 2015, the United States Justice Department called on Ferguson, Missouri, to overhaul its criminal justice system, declaring that the city's actions had violated the United States Constitution.

True

The doctrine of stare decisions commands judges to follow precedents.

True

The greater the limits the government places on an individual's autonomy, the more the government's action must be backed up by facts.

True

The ideal of accuracy in criminal procedure is perhaps best stated as avoiding two "errors of justice" in determining innocence and guilt.

True

What courts are the general trial courts of the United States court system?

United States District Court

What federal agency called on Ferguson, Missouri, to overhaul its criminal justice system, declaring that the city's actions had violated the United States Constitution?

United States Justice Department

The term due process revolution refers to the __________.

United States Supreme Court's expansion of individual rights in the 1960s

In what cases did SCOTUS decide that attaching a GPS receiver and monitoring a Jeep Grand Cherokee was a Fourth Amendment search?

United States v. Jones (2012)

In what case did the Sixth Circuit United States Court of Appeals decide that the searches of a laptop computer, a cell phone, and a flash drive were private searches (searches conducted by private parties not associated with the government)?

United States v. Lichtenberger (2015)

In what case did SCOTUS rule that, in some circumstances, there is not a right to privacy in bank records?

United States v. Miller

What is the first question in the three main steps in Fourth Amendment analyses?

Was the law enforcement action a "search" or a "seizure?"

Equal protection claims based on selective prosecution are difficult to prove, because claimants have to prove that the prosecutor had a discriminatory purpose an that the prosecution had a(n) _________________.

discriminatory effect

According to the ______________, the Supreme Court of the United State's (SCOTUS) interpretation trumps the interpretation of all other courts (federal and local), of the United States Congress, and of all state and local legislatures.

principle of judicial review

In what decade did SCOTUS replace the trespass doctrine with the reasonable expectation of privacy doctrine?

1960s

Criminals have referred to Apple iOS8 as a "gift from God."

True

What criminal procedure ideal is best stated as avoiding two "errors of justice?"

Accuracy

What ideal in criminal procedure is perhaps best stated as avoiding two "errors of justice" namely "harassing and sanctioning innocent people" and "failure to sanction culpable offenders?"

Accuracy

In February, 2016, which company wrote a letter to its customers, stating its commitment to protecting their personal information?

Apple

The case of United States v. Apple provides the opportunity to see which of the following ideals, as it is beginning to play out in the courts?

Balancing

What refers to securing public safety for the whole community, while protecting the liberty and privacy of every individual in the community?

Balancing

SCOTUS has held that citizens, under certain circumstances, have no reasonable expectation of privacy in which of the following?

Bank records

The due process revolution occurred ___________.

Between 1960 and 1969

What entity can impeach a district court judge?

Congress

Which of the following amendments provides a defendant with the right to due process?

Fourteenth Amendment

In Illinois v. Caballes (2005), SCOTUS held that what amendment did not apply to a drug-sniffing dog alerting on a car truck?

Fourth Amendment

In Kyllo v. United States (2001), SCOTUS ruled that the discovery and measurement of which the following from a home was a Fourth Amendment search?

Heat

What is the second question in the three main steps in Fourth Amendment analyses?

If the action was a search or a seizure, was it reasonable?

What is the third question in the three main steps in the Fourth Amendment analyses?

If the action was an unreasonable search, does the Fourth Amendment ban its use as evidence?

In which of the following places does the privacy doctrine apply?

Opening a briefcase and looking inside

Which of the following refers to the concepts of using no more state power and resources than are needed to prevent, investigate, prosecute, sentence, and review official actions taken to provide for the ideals of public safety and individual autonomy?

Proportionality

What is needed to establish that government action is a search?

Subjective and objective privacy

SCOTUS has not yet decided if searches of certain types of technology constitute Fourth Amendment searches. Which of the following has not been addressed by SCOTUS?

Texting

What is the purpose of the case citation?

The citation identifies the source of materials quoted or relied upon.

In Mapp v. Ohio (1961), the Court applied which of the following to states?

The exclusionary rule

What presumption assumes that the government is acting lawfully unless there is clear evidence to the contrary?

The presumption of regularity

How many levels are there in the Federal court system?

Three

At the heart of our criminal procedure regime is the ideal of balancing two conflicting values.

True

Autonomy refers to individuals' freedom to control their own lives without government interference.

True

The judgment in a case may also be called the ___________.

affirmation

If an appellate court upholds the decision of a lower court, then the decision has been _______________.

affirmed

There are two main petitions a defendant can use to ask a higher court to review a decision made by a lower court: habeas corpus and _______.

certiorari

Directing a company to assist law enforcement agents in enabling a search is known as an order to

compel

The first part of a writ of assistance, where royal agents can search anyone, anywhere, anytime, is referred to as a ______________ warrant.

general

The "presumption of regularity" posits that ________.

government actions are presumed lawful unless there is clear evidence to the contrary

In criminal matters, magistrate judges may oversee certain issues, including ___________.

issuing search warrants, arrest warrants, conducting initial hearings, and setting bail

The power of a court to hear and decide cases in a specific geographical area or to deal with a specific subject is called ________.

jurisdiction

The equal justice ideal in criminal procedure refers to the impartial treatment of innocent and guilty individuals by __________.

law enforcement officers, prosecutors, and judges

What is the likelihood that an individual in the United States will be hurt or killed by a terrorist?

negligible

The two-pronged test of privacy to determine whether a police action is actually a "search" is referred to as the _______.

subjective and objective privacy test

The ultimate source of American criminal procedure law is ________.

the United States Constitution

The three levels in the Federal court system include the SCOTUS, the United States District Courts, and ____________.

the United States Courts of Appeals

The cases of Powell v. Alabama (1932) and Brown v. Mississippi (1936) established what came to be known as ________________.

the fundamental fairness doctrine

In order to claim a violation of the equal protection clause, a claimant must prove that ___________.

the government action had a discriminatory effect and a discriminatory purpose

The privacy doctrine is an example of balancing the government's power to control crime and ___________________.

the individual's right to be let alone by the government

According to SCOTUS in Smith v. Maryland (1979), a person does not have a reasonable expectation of privacy in __________________.

the telephone numbers that the person dials

In passing the All Writs Act, Congress gave courts a means of ensuring that ___________.

their lawful warrants were not thwarted by third parties (such as Apple)