Criminal Procedure/ CB
U.S. v. McCargo (2006) involved which of the following scenarios?
...
What did the court decide regarding drug courier profiles in U.S. v. Sokolow (1989)?
...
What were the police doing to Antonio Rochin that 'shocked the conscience of the court'?
Assaulting him to get him to not swallow two capsules of morphine
In Hurtado v. California the defendant complained that his 5th Amendment rights were violated because he wasn't properly indicted by a grand jury. The Supreme Court ruled against him because ________.
California, unlike the federal government, could use an information rather than a grand jury indictment to charge Hurtado
What type of suspicion is directed at groups of people based on some shared quality or characteristic, like living in the same neighborhood?
Categorical
Constitutionalism assumes which of the following statements to be TRUE?
Constitutions embody the core values and collective will of the people.
In Palko v. Connecticut (1937), what procedural issue is referenced by Justice Cardozo in his opinion concerning the applicability of the Bill of Rights to the states?
Doudle Jeopardy
Historically, the English king was able to employ Writs of Certiorari to arbitrarily search private citizens anywhere and at any time.
False
The guarantee of compulsory process for criminal defendants appears in the 4th Amendment to the U.S. Constitution.
False
The landmark cases Powell v. Alabama and Brown v. Mississippi collectively supported the creation of what historical doctrine associated with due process?
Fundamental Fairness Doctrine
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?
Hearing of the facts before sentencing
The formal charging instrument drawn up by the prosecutor to charge a person with a crime is called the...
Information
The U.S. Supreme Court is granted the final word and ultimate say on matters of criminal procedure due to which of the following terms?
Judicial Review
Which case in 1931 said that the lack of an effective appointment of counsel was a denial of due process? This case involved 9 young black men who were arrested for a double rape case in which the victims recanted many years later. It is known as the Scottsboro Boys case.
Powell v. Alabama
In which case did the police 'shock the conscience' of the court by assaulting an individual to prevent him from ingesting what the officers believed to be drugs on his bed table?
Rochin v. California
Day-to-day criminal procedure is mainly the business of state and local governments.
True
The United States Constitution, state constitutions, federal and state court decisions, statutes, and sets of rules are the primary sources that regulate criminal procedure.
True
In Griswold v. Connecticut, the Supreme Court articulated an implied right to ________ despite there being no explicit mention of this expectation in the federal constitution.
privacy
In Illinois v. Caballes (2005), the court held:
that dog sniff of a car during a lawful traffic stop do not violate the 4th Amendment.
The "equal protection of the laws" clause in the 14th Amendment requires:
that the expectation of fair process applies to all individuals in criminal matters.
