Deck 1: Introduction to Criminal Procedure

Question 1

Which of the following is rarely a relevant constitutional amendment in criminal procedure?

A) The Second Amendment
B) The Fifth Amendment
C) The Sixth Amendment
D) The Fourteenth Amendment

Answer 1

The Second Amendment

Question 2

Which of the following are NOT sources of rights?

A) Court decisions
B) Police department policies
C) Federal Constitution
D) Statutes

Answer 2

Police department policies

Question 3

________ contain(s) criminal procedure guidelines that federal criminal justice practitioners are required to abide by.

A) State constitutions
B) State statutes
C) The Federal Rules of Criminal Procedure
D) The federal Constitution

Answer 3

The Federal Rules of Criminal Procedure

Question 4

The Fifth Amendment protects against:

A) Double jeopardy.
B) Self-incrimination.
C) Due process violations.
D) All of the above

Question 5

The ________ incorporation perspective favors incorporation of certain protections enumerated in the Bill of Rights, not all of them.

A) Total
B) Selective
C) Fundamental rights
D) Total incorporation plus

Question 6

Which of the following best characterizes the total incorporation perspective?

A) Certain protections listed in the Bill of Rights should be incorporated.
B) Not just the whole Bill of Rights, but other rights (e.g., privacy. should be incorporated.
C) Fundamental rights should be incorporated.
D) None of the above

Question 7

Which incorporation perspective has arguably ?won out? over the others?

A) Selective incorporation
B) Total incorporation
C) Total incorporation plus
D) None of the above

Question 8

The Fourth Amendment protects against:

A) Self-incrimination.
B) Due process violations.
C) Unreasonable searches and seizures.
D) Cruel and unusual punishments.

Question 9

The Sixth Amendment provides for:

A) Freedom of speech.
B) The right to remain silent.
C) The assistance of counsel.
D) The right to bear arms.

Question 10

Stare decisis is a Latin term that means:

A) No past decision exists.
B) Treat each case as unique.
C) To disregard past decisions.
D) To abide by or to adhere to decided cases.

Question 11

When a previous decision does not apply to the current facts, a court will ________, saying, in effect, that this case is different and cannot be decided by looking to past rulings.

A) Practice stare decisis
B) Distinguish the present case
C) Refer to precedent
D) Decline to hear the case

Question 12

Legal guilt is concerned with whether a person is guilty according to:

A) A jury.
B) A judge.
C) The police.
D) The law.

Question 13

Factual guilt is concerned with:

A) Whether a person committed the crime with which he or she is charged.
B) Whether a person is guilty according to the police.
C) Whether a person is guilty according to the law.
D) None of the above

Question 14

Which of the following is NOT a characteristic of the crime control perspective?

A) Assembly line justice
B) Quantity over quality
C) Insistence on formality of due process rules
D) Faith in the courts

Question 15

Courts of limited jurisdiction:

A) Try all criminal cases.
B) Hear appeals.
C) Hear only traffic cases.
D) Have jurisdiction over relatively minor offenses and infractions.

Question 16

At the state level, trial courts are usually referred to as:

A) Courts of limited jurisdiction.
B) Courts of general jurisdiction.
C) District courts.
D) None of the above

Question 17

At the federal level, trial courts are:

A) U.S. Supreme Court.
B) U.S. Courts of Appeals.
C) U.S. District Courts.
D) U.S. Magisterial Courts.

Question 18

How many federal district courts are there in the United States?

A) 66
B) 74
C) 89
D) 94

Question 19

When an appellate court reverses a lower court's decision, it:

A) Sends the case back to the trial level for further action consistent with the appellate decision.
B) Nullifies or sets aside a trial verdict.
C) Sets the defendant free.
D) None of the above

Question 20

When an appellate court agrees with a lower court's decision, it ________ that decision.

A) Affirms
B) Reverses
C) Vacates
D) Remands

Question 21

The appellant is someone who:

A) Appeals.
B) Is appealed against.
C) Petitions for habeas review.
D) Is charged with a crime.

Question 22

A ?bright-line? decision may be helpful because:

A) It is subject to very little interpretation.
B) It promotes clarity and predictability.
C) It promotes consistency.
D) All of the above

Question 23

Once the pretrial process has concluded and the charges have stood, ________ occurs.

A) The preliminary hearing
B) The indictment
C) Adjudication
D) Post-conviction review process

Question 24

Most convicted criminals are entitled to at least ________ automatic appeal(s).

A) One
B) Two
C) Three
D) Most convicted criminals are not entitled to an automatic appeal.

Question 25

The Constitution is the only source of rights.

Question 26

The Bill of Rights consists of the first eight amendments.

Question 27

Incorporation is concerned with the extent to which the various provisions of the Bill of Rights should be binding on the states.

Question 28

Selective incorporation favors the incorporation of all rights in the Bill of Rights as well as others not listed in the Bill of Rights.

Question 29

The crime control process perspective closely resembles a liberal political orientation.

Question 30

Due process advocates believe the criminal process should resemble an obstacle course.

Question 31

The Due Process Model emphasizes factual guilt.

Question 32

The due process perspective is a conservative political ideology.

Question 33

Due process advocates oppose ?street justice.?

Question 34

The U.S. federal court system is a three-tiered court structure.

Question 35

One who files a habeas corpus petition is known as an appellant.

Question 36

An agreement with the majority decision, but using different reasoning is known as a dissenting opinion.

Question 37

The wheels of the criminal process are set in motion on an arrest occurs.

Question 38

The criminal process ends once the verdict has been read.

Question 39

The Bill of Rights is the first ________ Amendments to the United States Constitution.

Question 40

The ________ Amendment's due process clause has been used by the United States Supreme Court to apply many of the rights listed in the Bill of Rights against the states.

Question 41

The ________ doctrine applied provisions of the Bill of Rights to state and local courts and officers.

Question 42

________ incorporation is the perspective that the due process clause of the Fourteenth Amendment makes ALL of the provisions of the Bill of Rights (Amendments I to VIII) applicable to the states.

Question 43

State decisis is a Latin term that means appellate courts should abide by or adhere to ________ cases.

Question 44

The ________ of mistakes is emphasized more by the due process perspective of criminal justice.

Question 45

The person appealing a conviction is known as the ________.

Question 46

The Rule of ________ is the rule on how many of the nine U.S. Supreme Court justices must agree to hear a case before a writ of certiorari will be issued.

Question 47

A(n) ________ opinion disagrees with the court's majority decision.

Question 48

The part of the criminal process where the accused person is brought before the court, formally notified of the charges against them, and are allowed to enter a plea is called a(n) ________.

Question 49

Match the amendment with the correct right guaranteed.

-Fourth

A) Right to bail.
B) Due process from federal government.
C) Free from unreasonable searches.
D) Protection from double jeopardy.

Question 50

Match the amendment with the correct right guaranteed.

-Fifth

A) Right to bail.
B) Due process from federal government.
C) Free from unreasonable searches.
D) Protection from double jeopardy.

Question 51

Match the amendment with the correct right guaranteed.

-Sixth

A) Right to bail.
B) Due process from federal government.
C) Free from unreasonable searches.
D) Protection from double jeopardy.

Question 52

Match the amendment with the correct right guaranteed.

-Eighth

A) Right to bail.
B) Due process from federal government.
C) Free from unreasonable searches.
D) Protection from double jeopardy.

Question 53

Match the amendment with the correct right guaranteed.

-Fourteenth

A) Right to bail.
B) Due process from federal government.
C) Free from unreasonable searches.
D) Protection from double jeopardy.

Question 54

Match the appellate court decision with the correct disposition.

-Vacate

A) Case is sent back to lower court for further action.
B) Free from unreasonable searches.
C) The lower court's decision is cancelled/set aside.
D) Agrees with the lower court's decision.

Question 55

Match the appellate court decision with the correct disposition.

-Remand

A) Case is sent back to lower court for further action.
B) Free from unreasonable searches.
C) The lower court's decision is cancelled/set aside.
D) Agrees with the lower court's decision.

Question 56

Match the appellate court decision with the correct disposition.

-Affirm

A) Case is sent back to lower court for further action.
B) Free from unreasonable searches.
C) The lower court's decision is cancelled/set aside.
D) Agrees with the lower court's decision.

Question 57

Match the appellate court decision with the correct disposition.

-Reverse

A) Case is sent back to lower court for further action.
B) Free from unreasonable searches.
C) The lower court's decision is cancelled/set aside.
D) Agrees with the lower court's decision.

Question 58

Match the parties to a case with the correct role description.

-Defendant

A) The official government representative tasked with bringing changes against the accused.
B) Similar to appellant, but one who files for habeas corpus review.
C) Person charged with the crime in question.
D) The party appealed against.
E) The party that appeals.

Question 59

Match the parties to a case with the correct role description.

-Prosecutor

A) The official government representative tasked with bringing changes against the accused.
B) Similar to appellant, but one who files for habeas corpus review.
C) Person charged with the crime in question.
D) The party appealed against.
E) The party that appeals.

Question 60

Match the parties to a case with the correct role description.

-Appellant

A) The official government representative tasked with bringing changes against the accused.
B) Similar to appellant, but one who files for habeas corpus review.
C) Person charged with the crime in question.
D) The party appealed against.
E) The party that appeals.

Question 61

Match the parties to a case with the correct role description.

-Appellee

A) The official government representative tasked with bringing changes against the accused.
B) Similar to appellant, but one who files for habeas corpus review.
C) Person charged with the crime in question.
D) The party appealed against.
E) The party that appeals.

Question 62

Match the parties to a case with the correct role description.

-Petitioner

A) The official government representative tasked with bringing changes against the accused.
B) Similar to appellant, but one who files for habeas corpus review.
C) Person charged with the crime in question.
D) The party appealed against.
E) The party that appeals.

Question 63

Identify the many different sources of rights that apply to criminal procedure.

Question 64

Identify and explain the various perspectives related to the incorporation controversy.

Question 65

Describe and distinguish the due process and the crime control perspectives.

Question 66

Summarize the structure of the Federal court system

Question 67

List reasons why bright-line decisions may be preferable over case-by-case adjudications and vice-versa. Which do you prefer and why?

Question 68

Considering that the Bill of Rights was designed as a series of limitations on the federal government, does it make sense that many of the same limitations have been applied to all states by the United States Supreme Court? Take a position and defend it.

Question 69

Discuss why it is difficult to explain and describe the criminal justice system and understanding court cases.