Deck 2: Criminal Procedure and the Constitution

Question 1

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.

Answer 1

A

Question 2

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

Answer 2

A

Question 3

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.

Answer 3

B

Question 4

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.

Question 5

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).

Question 6

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D)state rights that have been replaced by federal rights.

Question 7

The judgement in a case may also be called the:

A)incorporation.
B)question.
C)affirmation.
D)stare decisis .

Question 8

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

A)remanded.
B)reversed.
C)rescinded.
D)affirmed.

Question 9

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

Question 10

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.

Question 11

From colonial times until the Civil War, criminal justice was solely the responsibility of:

A)sheriffs.
B)citizens.
C)legislatures.
D)local governments.

Question 12

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

Question 13

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

Question 14

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.

Question 15

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.

Question 16

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.

Question 17

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.

Question 18

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

Question 19

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.

Question 20

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.

Question 21

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.

Question 22

Although it is the highest court in the land, SCOTUS depends on local courts and the police to apply its decisions to daily situations.

Question 23

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.

Question 24

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.

Question 25

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

Question 26

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.

Question 27

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.

Question 28

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.

Question 29

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

Question 30

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

Question 31

Social science researchers agree that the criminal process rarely convicts the innocent and frees the guilty.

Question 32

The doctrine of stare decisis commands judges to follow precedents.

Question 33

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.

Question 34

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.

Question 35

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.

Question 36

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 .

Question 37

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

Question 38

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

Question 39

Marbury v. Madison (1803)established what principle?

A)due process
B)stare decisis
C)freedom from self-incrimination
D)judicial review

Question 40

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

Question 41

_______________ law is a law that is above the ordinary law created by legislatures.

Question 42

A s tate's highest court is the _______________ authority in cases based on their own state constitutions and statutes.

Question 43

One of the issues addressed by Powell v. Alabama (1932)is due process.

Question 44

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

Question 45

The Articles of Confederation were written by former British colonists in response to British tyranny.

Question 46

The drafters of the Fourteenth Amendment left the definitions of due process and _______________ _______________.

Question 47

Two types of facts are relevant to criminal procedure cases:
(1)acts by _______________ _______________ and
(2)the objective basis for those actions.

Question 48

Justice _______________ was Chief Justice of the Supreme Court during the due process revolution.

Question 49

Many colonial revolutionaries were committed to both fundamental law and government by the will of the people.

Question 50

A concurring opinion is one that disagrees with the majority decision.

Question 51

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

Question 52

Justice William Brennan believed that the incorporation doctrine had virtually no impact on law.

Question 53

The conflict over the fundamental fairness doctrine and the incorporation doctrine was clear in Rochin v. California (1952).

Question 54

Constitutional democracy couldn't survive without protecting our right to fair procedures, as guaranteed by _______________ _______________ of law. ​

Question 55

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.

Question 56

Equality is deeply embedded in the concept of U.S. constitutionalism.

Question 57

In place of the _______________ _______________ doctrine, some on the Court argued for the incorporation doctrine.

Question 58

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

Question 59

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.

Question 60

The fundamental fairness doctrine and the total incorporation doctrine are essentially the same.

Question 61

Explain the impact of empirical evidence on judicial decision making.

Question 62

Summarize the differences among the fundamental fairness, total incorporation, and selective incorporation doctrines as they influence state criminal procedures.

Question 63

Briefly trace the history of due process, from the adoption of the U.S. Constitution to the present.

Question 64

Explain the concepts of fundamental law and government by the will of the people. Why are these two ideas contradictory? How does SCOTUS uphold these two contradictory ideas?

Question 65

Identify the two elements individuals must prove to succeed in a claim that government denied them equal protection of the law.