Deck 2: The Sources of Criminal Procedure

Question 1

In which constitutional Amendment is the Due Process Clause?

A)First
B)Ninth
C)Fourteenth
D)Seventeenth

Answer 1

C

Question 2

A person who believes in the federalist notion of states' rights would most likely support which of the following approaches of incorporation?

A)fundamental fairness
B)fundamental principles
C)total incorporation
D)total incorporation plus

Answer 2

A

Question 3

Which of the following Amendments protections against unreasonable searches and seizures?

A)Fourth
B)Fifth
C)Sixth
D)Eighth

Answer 3

A

Question 4

Which of the following states that the U.S.Constitution and laws passed by the U.S.Congress eclipse state constitutions and state laws?

A)the First Amendment
B)the Supremacy Clause
C)the Federalist Article
D)the Jefferson Addendum

Question 5

The ______ is responsible for suggesting reforms that might be made to various criminal justice procedures.

A)Model Code of Pre-Arraignment Procedure
B)the United States Attorney's Manual of the Department of Justice
C)Standards for Criminal Justice
D)Model Penal Code

Question 6

As a general rule, state constitutions ______.

A)mirror the U.S.Constitution and grant additional rights
B)mirror the U.S.Constitution and remove certain rights
C)mirror the U.S.Constitution almost verbatim
D)have nothing to do with the U.S.Constitution

Question 7

Which of the following is the primary source of criminal procedure?

A)the U.S.Constitution
B)statutes passed by the U.S.Congress
C)Judicial rulings
D)common law

Question 8

All of the following were addressed in the original U.S.Constitution (excluding the Bill of Rights) except ______.

A)protection against ex post facto laws
B)protection against excessive bail
C)the right to habeas corpus
D)the right to a trial by jury

Question 9

The ______ sets forth the policy of the Justice Department at every stage of the criminal justice process, including grand juries, the filing of criminal charges, plea bargaining, and sentencing.

A)Model Code of Pre-Arraignment Procedure
B)the United States Attorney's Manual of the Department of Justice
C)Standards for Criminal Justice
D)Model Penal Code

Question 10

Which of the following has been used by the Supreme Court to impose standards that are not required by the U.S.Constitution?

A)judicial review
B)supremacy clause
C)supervisory authority
D)precedent

Question 11

The ______ Amendment protects against excessive bail and fines.

A)Fourth
B)Fifth
C)Sixth
D)Eighth

Question 12

Which of the following guarantees individuals the right to go before a court and require the government to explain why they are incarcerated?

A)ex post facto laws
B)jury trials
C)habeas corpus
D)treason

Question 13

Which of the following events in U.S.history served as a major turning point in the application of the Bill of Rights to the states?

A)the Boston Massacre
B)the Civil War
C)the Great Depression
D)the Civil Rights Movement

Question 14

All of the following are responsible for establishing federal rules of criminal procedure except ______.

A)Judicial Conference of the United States
B)Chief Justice of the U.S.Supreme Court
C)Congress
D)the President

Question 15

All of the following are sets of rules or guidelines for criminal procedure except ______.

A)the Model Code of Pre-Arraignment Procedure
B)the United States Attorney's Manual of the Department of Justice
C)the Standards for Criminal Justice
D)the Model Penal Code

Question 16

In which case did a Supreme Court Justice make this famous proclamation: "an act that is repugnant to the Constitution is void" and that "[i]t is emphatically the province and duty of the judicial department to say what the law is?"

A)Marbury v.Madison
B)Madison v.United States
C)Marshall v.Madison
D)Brown v.Board of Education

Question 17

Which of the following is the only crime mentioned by name in the U.S.Constitution?

A)espionage
B)treason
C)sedition
D)forgery

Question 18

The constitutionalization of criminal procedure is known as ______.

A)nationalization
B)retroactivity
C)new judicial federalism
D)supervisory authority

Question 19

Which of the following addresses pretrial police investigations and has been cited by judges grappling with criminal procedure issues.

A)the Model Code of Pre-Arraignment Procedure
B)the United States Attorney's Manual of the Department of Justice
C)the Standards for Criminal Justice
D)the Model Penal Code

Question 20

Which of the following Amendments ensures the right to a speedy trial?

A)Fourth
B)Fifth
C)Sixth
D)Eighth

Question 21

Each of the following Amendments has been incorporated at least partially except ______.

A)Second
B)Third
C)Sixth
D)Eighth

Question 22

Justice Douglas's term "coextensive coverage" means that ______.

A)all of the rights in the Bill of Rights apply to the states
B)incorporated amendments apply equally to the state and federal governments
C)some amendments inherently apply to both state and federal governments
D)incorporated rights apply to all citizens regardless of race, age, or gender

Question 23

The fundamental fairness approach to incorporation emphasizes that rights must be ensured that ______.

A)provide "equality for all"
B)preserve "liberty and justice"
C)"level the playing field"
D)support the "infallibility of justice"

Question 24

A person who favors a strong central government and who believes that government must extend as many rights and privileges as possible would most likely support which of the following approaches of incorporation?

A)fundamental fairness
B)fundamental principles
C)total incorporation
D)total incorporation plus

Question 25

All of the following were identified as elements of selective incorporation except ______.

A)the Bill of Rights
B)fundamental rights
C)federalism
D)application

Question 26

A person who favors a strong central government yet supports only those rights clearly written in the Bill of Rights would most likely support which of the following approaches of incorporation?

A)fundamental fairness
B)fundamental principles
C)total incorporation
D)total incorporation plus

Question 27

The test established in Rochin v.California is known as the ______ test.

A)"constitutional violation"
B)"violation-of-ethics"
C)"shocks-the-conscience"
D)"sum of the parts"

Question 28

The total incorporation approach involves all of the following steps except ______.

A)incorporation
B)selection
C)due process
D)the Bill of Rights

Question 29

Those supporting extending the Bill or Rights to the states with additional rights, such as health care, are supporting which approach to incorporation?

A)fundamental fairness
B)total incorporation
C)total incorporation plus
D)selective incorporation

Question 30

Which of the approaches to incorporation is being used in the United States today?

A)fundamental fairness
B)total incorporation
C)total incorporation plus
D)selective incorporation

Question 31

Why was the Fourteenth Amendment added to the constitution?

A)to establish the separate-but-equal policy in the United States
B)to establish that federal law took precedence over state law
C)to guarantee equal treatment and opportunity for African Americans
D)to guarantee women the right to vote

Question 32

During which decade did the U.S.Supreme Court decidedly shift from the fundamental fairness doctrine to total incorporation?

A)1860s
B)1910s
C)1940s
D)1960s

Question 33

According to the authors, all of the following points should be kept in mind when discussing the fundamental rights approach to the Fourteenth Amendment and Due Process Clause except ______.

A)Bill of Rights
B)procedures
C)legal test
D)states' rights

Question 34

Which of the following U.S.Supreme Court cases was considered to be a small step toward recognizing that the Fourteenth Amendment protected individuals against abuse by state authorities?

A)Hurtado v.California
B)Marbury v.Madison
C)Twining v.New Jersey
D)Moore v.Dempsey

Question 35

The belief that the Supreme Court should decide on a case-by-case basis whether rights are fundamental to the concept of ordered liberty and therefore apply to the states is reflected in which of the following approaches to incorporation?

A)fundamental fairness
B)total incorporation
C)total incorporation plus
D)selective incorporation

Question 36

According to the ruling in Twining v.New Jersey, which reinforced the fundamental fairness approach to incorporation, a right must be ______ to be forced upon the states.

A)"an immutable principle of justice"
B)"a God-given right"
C)"crucial to prevent deadly peril"
D)"a fundamental standard of procedure"

Question 37

The fundamental fairness test was established by which of the following U.S.Supreme Court cases?

A)Hurtado v.California
B)Marbury v.Madison
C)Twining v.New Jersey
D)Moore v.Dempsey

Question 38

Which of the approaches of incorporation grants the states the most flexibility?

A)fundamental fairness
B)total incorporation
C)total incorporation plus
D)selective incorporation

Question 39

Which approach to incorporation focuses on the concept of "ordered liberty?"

A)fundamental fairness
B)total incorporation
C)total incorporation plus
D)selective incorporation

Question 40

Which of the following is most likely to be a criticism leveled at the fundamental fairness doctrine by one who is supportive of total incorporation?

A)Fundamental fairness is unfair to ethnic minorities.
B)Fundamental fairness is unfair to women.
C)Fundamental fairness is too specific.
D)Fundamental fairness is too general.

Question 41

To settle concerns over how the courts deal with past cases once a new rule has been decided by the U.S.Supreme Court, the courts apply the ______.

A)ex post facto rule
B)previous docket rule
C)retroactivity rule
D)former cases doctrine

Question 42

Powell v.Alabama, also known as the Scottsboro Boys case, was a major turning point in the change of focus from fundamental fairness to total incorporation.

Question 43

Which of the following cases incorporated the Sixth Amendment right to a jury trial into the Fourteenth Amendment?

A)Marbury v.Madison
B)Duncan v.Louisiana
C)Fiske v.Kansas
D)McDonald v.Chicago

Question 44

The U.S.Supreme Court traditionally acted in a very narrow, limited capacity so as to prevent itself from becoming or being seen as a "super legislator."

Question 45

All of the following are characteristics of the Crime Control Model except ______.

A)purpose
B)informal procedures
C)formal procedures
D)determination of guilt

Question 46

A law that criminalizes some act that was legal when it was committed is known as a habeas corpus law.

Question 47

According to the fundamental fairness approach to incorporation, the Due Process Clause protects certain rights of citizens because they are in the Bill of Rights.

Question 48

In order for a defendant to make a successful claim of selective prosecution, what must he demonstrate?

A)discriminatory intent and actual malice by a preponderance of the evidence
B)clear and convincing evidence of actual malice
C)some evidence of discriminatory impact
D)clear and convincing evidence of a discriminatory impact and discriminatory intent

Question 49

The Fourteenth Amendment was drafted and passed primarily to grant citizenship and protection to former slaves.

Question 50

The assumption on the part of the courts that prosecutors will just good "judgment and common sense" is known as the ______.

A)Equal Protection Clause
B)presumption of regularity
C)right of discretion
D)principle of balance

Question 51

All of the following apply for the rule of retroactivity except ______.

A)the new rule applies to cases that have not yet been brought to trial and to trials that are currently being conducted
B)the new rule applies to cases that are on direct appeal or about to be appealed
C)the new rule is not available to individuals in cases where the judgments have become "final" before the new judgment is issued
D)the new rule applies to all cases

Question 52

About one third of the states have laws giving detailed procedural instructions for essentially every step of the criminal justice process.

Question 53

Striving for both efficiency and accuracy, which are the two competing models of criminal procedure?

A)crime control and due process
B)Federalism and Jeffersonianism
C)criminal courts and civil councils
D)Bill of Rights and states' rights

Question 54

______ in selective incorporation refers to the claim that states are free to design their own systems of criminal procedures in those areas that are not incorporated into the Fourteenth Amendment.

A)Application
B)Federalism
C)Fundamental rights
D)Bill of Rights

Question 55

The process by which the Due Process Clause extended various constitutional rights to the states is known as federalization.

Question 56

All of the following were identified as examples of successful claims of selective prosecution except ______.

A)census questions
B)housing codes
C)Sunday sales
D)postabandonment in the military

Question 57

All of the following were identified as fair procedures except ______.

A)fairness
B)accuracy
C)equality
D)loyalty

Question 58

The landmark case of Marbury v.Madison (1803) established the supremacy of the U.S.Constitution over state constitutions.

Question 59

Which of the following cases incorporated the Eighth Amendment protection against cruel and unusual punishment into the Fourteenth Amendment?

A)Robinson v.California
B)Duncan v.Louisiana
C)Fiske v.Kansas
D)McDonald v.Chicago

Question 60

Proponents of total incorporation emphasize the fundamental nature of the rights granted in the U.S.Constitution and the Bill of Rights.

Question 61

What is judicial review?

Question 62

Those supportive of total incorporation plus want the entire Bill of Rights applied to the states in addition to other rights not mentioned in the Constitution or the amendments.

Question 63

New rule applies to all cases.

Question 64

Retroactivity of judicial decisions refers to the impact of a decision announcing a "new rule" on other cases.

Question 65

The Fifth Amendment has been only partially incorporated to the states.

Question 66

What is the primary source of criminal procedure in the United States?

Question 67

The criminal justice system has been compared to an assembly line.

Question 68

How can the crime control model of criminal procedure be summarized?

Question 69

Explain the concern of retroactivity as it applies to Supreme Court rulings.What is the rule for retroactivity and why is it so important to the functioning of the court system?

Question 70

For the courts to classify individuals based on religion, they must apply the concept of "absolute scrutiny."

Question 71

The U.S.currently operates under the incorporation doctrine of total incorporation plus.

Question 72

What is discriminatory impact?

Question 73

When the prosecutor intentionally or purposefully singles out and targets members of the group for prosecution, it is referred to as discriminatory intent.

Question 74

The verdict should be relatively quickly affirmed or overturned on appeal.

Question 75

Prosecutors discretion is limited.

Question 76

Identify the four provisions that address criminal procedure in the U.S.Constitution.

Question 77

A claim of discriminatory prosecution is known as "selective prosecution."

Question 78

How can the due process model of criminal procedure be summarized?

Question 79

What is the presumption of regularity?

Question 80

Explain the three approaches to incorporation of the Bill of Rights.