Criminal Procedure, Chapter 2
What is the purpose of the case citation? A) The citation identifies the source of materials quoted or relied upon. B) The citation identifies the winner of the case. C) The citation identifies the parties in the case. D) The citation provides the reasoning for the judgment.
A) The citation identifies the source of materials quoted or relied upon.
The ultimate source of American criminal procedure law is: A) the U.S. Constitution. B) the federal rules of criminal procedure. C) the state constitutions. D) state court opinions.
A) the U.S. Constitution.
What presumption assumes that the government is acting lawfully unless there is clear evidence to the contrary? What presumption assumes that the government is acting lawfully unless there is clear evidence to the contrary? A) the presumption of regularity B) the presumption of infallibility C) the presumption of enforceability D) the presumption of innocence
A) the presumption of regularity
The term "due process revolution" refers to the: A) Supreme Court's expansion of individual rights in the 1960s. B) civil unrest that swept the United States in the 1960s. C) passage of the Fourteenth Amendment. D) adoption of the fundamental fairness doctrine by the Court in the 1930s.
A) Supreme Court's expansion of individual rights in the 1960s.
Besides notification of charges against the accused, what is the other procedural element that is required to satisfy the definition of a "fair trial" under the fundamental fairness doctrine? A) a hearing of the facts before sentencing B) the presence of effective defense counsel at trial C) timely sentencing upon conviction D) the right to appeal if found guilty
A) a hearing of the facts before sentencing
A law that is above the ordinary law created by legislatures is a called: A) fundamental law. B) monarchy law. C) common law. D) civil law.
A) fundamental law.
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 D) state rights that have been replaced by federal rights.
A) rights guaranteed by a state constitution that are similar to the rights guaranteed by the U.S. Constitution.
Which of the following amendments provides a defendant with the right to due process? A) the Fourteenth Amendment B) the Fourth Amendment C) the Sixth Amendment D) the Eighth Amendment
A) the Fourteenth Amendment
Social science research attempts to assess the effectiveness of crime control practices and their effect on individual liberty and privacy, and: A) the accuracy with which the criminal justice system sorts the guilty from the innocent. B) judicial integrity. C) prosecutor integrity. D) how well the criminal justice system evaluates evidence.
A) the accuracy with which the criminal justice system sorts the guilty from the innocent.
A proceeding that addresses a motion to throw out evidence in a trial is called: A) an evidentiary hearing. B) a suppression hearing. C) an appellate hearing. D) a review hearing.
B) a suppression hearing.
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: A) suppression. B) certiorari. C) precedent. D) affirmation.
B) certiorari.
In which of the following cases did the court say (regarding selective enforcement of drug laws) that the majority of elevated penalties fall on Black users while the majority of users were White? A) Miranda v. Arizona B) Terry v. Ohio C) U.S. v. Armstrong D) U.S. v. Weeks
C) U.S. v. Armstrong
Equal protection claims based on selective prosecution are difficult to prove, because claimants have to prove that the prosecutor had a discriminatory purpose and that the prosecution had: A) a negative effect. B) an exclusionary effect. C) a discriminatory effect. D) a disruptive effect.
C) a discriminatory effect.
SCOTUS 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.
D) supervisory power.
A concurring opinion is one that disagrees with the majority decision. True False
False
Justice William Brennan believed that the incorporation doctrine had virtually no impact on law. True False
False
Social science researchers agree that the criminal process rarely convicts the innocent and frees the guilty. True False
False
The early Roman republic had virtually no safeguards for individuals against government power in its law of criminal procedure. True False
False
_______________ law is a law that is above the ordinary law created by legislatures.
Fundamental
In _______________ court cases, a lower court has already taken some action in the case, and one of the parties has asked a higher court to review the lower court's action.
appellate -or- appeals
In place of the _______________ _______________ doctrine, some on the Court argued for the incorporation doctrine.
fundamental fairness
Two types of facts are relevant to criminal procedure cases: (1) acts by _______________ _______________ and (2) the objective basis for those actions.
government officials
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? A) excessive bail B) double jeopardy C) fundamental fairness D) ineffective counsel
B) double jeopardy
Which amendment to the Constitution forbids a government appeal of a verdict of "not guilty"? A) the Sixth Amendment B) the Fourth Amendment C) the Fifth Amendment D) the Eighth Amendment
C) the Fifth Amendment.
The judgement in a case may also be called the: A) incorporation. B) question. C) affirmation. D) stare decisis.
C) affirmation.
In order to claim a violation of the equal protection clause, a claimant must prove that: A) the official government action had a discriminatory effect. B) the officials intended to discriminate. C) the government action had a discriminatory effect and a discriminatory purpose. D) the government action treated the claimant differently than other people.
C) the government action had a discriminatory effect and a discriminatory purpose.
The cases of Powell v. Alabama (1932) and Brown v. Mississippi (1936) established what came to be known as: A) the criminal procedure doctrine. B) the due process doctrine. C) the distinguishing case doctrine. D) the fundamental fairness doctrine.
D) the fundamental fairness doctrine.
The political, dualistic nature of the Supreme Court refers to its commitment to two conflicting ideals: fundamental law and: A) the importance of government ideals. B) the will of the government. C) the importance of constitutional law. D) the will of the people.
D) the will of the people.
State courts are a source of criminal law procedure in which of the following types of cases? A) those involving two different states B) those involving state officials C) those involving border disputes D) those involving the U.S. Constitution that SCOTUS hasn't decided yet
D) those involving the U.S. Constitution that SCOTUS hasn't decided yet
The fundamental fairness doctrine and the total incorporation doctrine are essentially the same. True False
False
The Articles of Confederation were written by former British colonists in response to British tyranny. True False
True
The Constitution is a different type of document than a statute, because it expresses the will of the people as a whole. True False
True
The conflict over the fundamental fairness doctrine and the incorporation doctrine was clear in Rochin v. California (1952). True False
True
The doctrine of stare decisis commands judges to follow precedents. True False
True
Although it is the highest court in the land, SCOTUS depends on local courts and the police to apply its decisions to daily situations. True False
True
Equality is deeply embedded in the concept of U.S. constitutionalism. True False
True
Many colonial revolutionaries were committed to both fundamental law and government by the will of the people. True False
True
One of the issues addressed by Powell v. Alabama (1932) is due process. True False
True
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. True False
True
Some state constitutions provide rights not mentioned in the U.S. Constitution. True False
True
Justice _______________ was Chief Justice of the Supreme Court during the due process revolution.
Warren
Constitutional democracy couldn't survive without protecting our right to fair procedures, as guaranteed by _______________ _______________ of law.
due process
Rights every state guarantees its citizens that are similar to those in the United States Constitution and the Bill of Rights are referred to as _______________ rights.
parellel
The power of a court to hear and decide cases in a specific geographical area or to deal with a specific subject is called: A) jurisdiction. B) judicial review. C) appellate authority. D) stare decisis.
A) jurisdiction.
Criticism of the incorporation doctrine is that it targets all criminal justice agencies, but perhaps nothing generates more controversy than whether uniform standards ought to apply to: A) local police. B) local prosecutors. C) state supreme courts. D) federal law enforcement agencies.
A) local police.
The fundamental fairness doctrine of due process requires states to provide: A) notice to defendants of the charges against them, an attorney at state expense if they cannot afford one, and a hearing on the facts before conviction and punishment. B) notice to defendants of the charges against them and a hearing on the facts before conviction and punishment. C) a grand jury proceeding only. D) notice to defendants of the charges against them, a grand jury proceeding, and a hearing on the facts before conviction and punishment.
B) notice to defendants of the charges against them and a hearing on the facts before conviction and punishment.
One interpretation of selective incorporation is that: A) the state legislatures can select which provisions in the Bill of Rights to incorporate. B) only some of the Bill of Rights provisions 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.
B) only some of the Bill of Rights provisions are incorporated into the due process clause of the Fourteenth Amendment.
Court opinions refer to past cases to back up their reasoning and their decision in the present case. What are these prior decisions called? A) judicial reviews B) precedents C) habeas corpus D) petitions
B) precedents
According to the _______________, SCOTUS's interpretation trumps the interpretation of all other courts (federal and local), of Congress, and of all state and local legislatures. A) judiciary clause B) principle of judicial review C) supervisory power clause D) supreme review clause
B) principle of judicial review
In Mapp v. Ohio (1961), the Court applied which of the following to states? A) the right of self-incrimination B) the exclusionary rule C) the right to assistance of counsel D) the right to a speedy trial
B) the exclusionary rule
From colonial times until the Civil War, criminal justice was solely the responsibility of: A) sheriffs. B) citizens. C) legislatures. D) local governments.
D) local governments.
The two landmark cases that began the federal government's gradual entry into state criminal justice were Powell v. Alabama (1932) and: A) Miranda v. Arizona (1966). B) U.S. v. Armstrong (1996). C) Rochin v. California (1952). D) Brown v. Mississippi (1936).
D) Brown v. Mississippi (1936).
If an appellate court upholds the decision of a lower court, then the decision has been: A) remanded. B) reversed. C) rescinded. D) affirmed.
D) affirmed.
The due process revolution occurred: A) during the sixteenth and seventeenth centuries. B) between 1781 and 1900. C) in the new era of crime control, between 1900 and 1960. D) between 1960 and 1969.
D) between 1960 and 1969.
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 is clear evidence to the contrary.
D) government actions are presumed lawful unless there is clear evidence to the contrary.
Marbury v. Madison (1803) established what principle? A) due process B) stare decisis C) freedom from self-incrimination D) judicial review
D) judicial review
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 only incorporates the provisions in all of the Bill of Rights relating to criminal procedure in some very specific cases. 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 of the Bill of Rights relating to criminal procedure.
D) means that the due process clause of the Fourteenth Amendment incorporates the provisions in all of the Bill of Rights relating to criminal procedure.
The drafters of the Fourteenth Amendment left the definitions of due process and _______________ _______________.
equal protection
A state's highest court is the _______________ authority in cases based on their own state constitutions and statutes.
final
The power of courts to declare laws and government actions unconstitutional is called _______________ _______________.
judicial review
