Deck 6: Criminal Procedure

Question 1

Which of our model countries uses abstract review?

A)England
B)France
C)Saudi Arabia
D)China

Answer 1

B

Question 2

One of the major criticisms of the adversarial system is called the ______________, which allows for truth impairing procedures to suppress and distort the truth, with the goal being to "win" the courtroom struggle.

Answer 2

Combat effect

Question 3

Which of the constitutional review procedures can be described as an American institution that, because of its success, has been adapted by many other nations of the world?

A)Judicial review
B)No‑review
C)Non-judicial review
D)Judicial review with legislative approval

Answer 3

A

Question 4

Which of the following is not a part of the pretrial investigation in France?

A)A public investigation headed mostly by the judge
B)Calling of witnesses on both sides
C)Extensive gathering of facts and testimony
D)Careful questioning of the accused prior to a final decision to bring the case to trial

Question 5

The _______________ system calls for the participation of citizens who are not necessarily criminal justice professionals.

Question 6

The right to remain silent is found in which Amendment to the U.S constitution:

A)Second Amendment
B)Fourth Amendment
C)Fifth Amendment
D)Fourteenth Amendment

Question 7

Which of the following is not a supranational court?

A)European Court of Human Rights
B)United Nations Security Council
C)International Criminal Court
D)International Court of Justice

Question 8

Which of our model countries uses non-judicial review?

A)England
B)France
C)Saudi Arabia
D)China

Question 9

Which of the following countries has no right to trial by jury?

A)United States
B)England
C)Saudi Arabia
D)France

Question 10

In Japan, lay assessors are called:

A)Saiban-in
B)Schoffen
C)Quadi
D)Kidotai

Question 11

Which of our model countries has an adversarial system?

A)England
B)France
C)Germany
D)Japan

Question 12

The __________________ system is a set of legal procedures used in Common Law countries to determine the truth during adjudication whereby the prosecution and defense counsel compete against each other while the judge ensures fairness and adherence to rules.

Question 13

Which of the following is not an example of a popular (mixed) system?

A)Anglo American Jury trial system
B)Gacca courts in Rwanda
C)Mixed jury system in Japan
D)Chuzaisho in Japan

Question 14

In an adversarial system, which of the following is true?

A)The accused is obligated to cooperate with the government
B)The government has the right to ignore or suppress evidence that would help the accused
C)The prosecutor is expected to prove guilt rather than potential innocence
D)Judicial control of the investigative process is the best way to uncover the truth

Question 15

Criminal procedure in most Socialist countries is similar to and derived from criminal procedures in:

A)Common Law systems
B)Civil Law systems
C)Islamic Law systems
D)Popular (mixed) systems

Question 16

What cannot be said of plea-bargaining?

A)In Common Law countries, a vast majority of criminal cases are settled through plea-bargaining
B)Plea-bargaining ensures that justice is being done
C)Many more cases can be processed than could be under a "pure adversarial" system
D)The intricacies of the adversarial criminal procedure are largely evaded

Question 17

The United States and England use a __________________, who carries out many legal functions, including adjudicating traffic violations, some misdemeanors, small civil claims and some domestic matters.

Question 18

Popular (mixed) systems are available in all legal traditions except in which legal tradition?

A)Common Law
B)Civil Law
C)Socialist Law
D)Sacred Law

Question 19

Which of the following is not one of the steps in a typical Chinese trial?

A)Judges can question witnesses and expert witnesses
B)The Jury reads the final verdict
C)Judges can question the defendant
D)The victim can make a statement about the charges in the bill of prosecution

Question 20

__________________ refers to cases in which the accused agrees to plead guilty in return for various concessions, such as a lesser charge or a reduced sentence.

Question 21

The difference in the right to an attorney during the pretrial process illustrates how English criminal procedure is more highly developed than American procedure.

Question 22

In France, the _______________ is the examining magistrate who is responsible for a complete and impartial investigation of the facts.

Question 23

In France, the reason for secrecy in pretrial investigation proceedings is to protect the accused from adverse publicity prior to the determination that the government has a strong case for prosecution.

Question 24

The inquisitorial system has not been a main model of criminal procedure for many years.It has been around for roughly 50 years.

Question 25

Japan's ability to borrow from the different legal traditions of the world while retaining its own social mores appears to have resulted in a very successful criminal justice system.

Question 26

The French system is known as _____________________ because the council decides on issues of constitutionality without hearing actual cases that have arisen under specific laws.

Question 27

Germany uses lay judges, called "Schoffen," extensively in courts of appeal for cases of limited jurisdiction and for first level cases of general criminal jurisdiction.

Question 28

___________________ courts and their decisions cross national boundaries and supposedly have higher legal standing then decisions of courts in individual countries.

Question 29

About _________ percent of criminal cases are settled through plea bargains in the United States.

Question 30

In Europe, the adversarial system is also referred to as the accusatorial system.

Question 31

The organization responsible for the non-judicial form of constitutional review in China is the ____________________________________________.

Question 32

The prevalent opinion amongst contemporary Muslim lawyers is that "traditional Islamic law affords human rights protections to the criminally accused, comparable to those recognized in modern international law."

Question 33

In France, bail serves two purposes: to ensure the suspect will appear in court and to pay fines or damages if he or she is found guilty.

Question 34

International Criminal Tribunals have been created in _______________ and __________________.

Question 35

The end result of _______________ seems to be a certain homogenization of criminal procedure among the legal traditions.

Question 36

In France, the ___________ is a complete record of the pretrial proceedings and it informs the judges, the defense attorney and others about the testimony of key witnesses and the evidence to be presented.

Question 37

Trial by jury today is used more than previously in Common Law systems.

Question 38

______________________ operate with the support of the United Nations to prosecute those responsible for crimes against humanity, war crimes, and violations of domestic law.

Question 39

The power of a court to review legal action and legal decisions made by those in the criminal justice system is known as _______________.

Question 40

Popular justice is the oldest of the procedural systems of justice, practiced long before the formation of modern societies.

Question 41

Aside from having no full jury, trials in Japan are very similar to those in the United States.

Question 42

The Rules of Criminal Procedure and Evidence were passed in 2002 as part of the Data Statute to serve as the official rules for ICC judges and lawyers to follow during the prosecution of offenders.

Question 43

Discuss the differences between the adversarial and inquisitorial systems.Be sure to give examples of model countries that use each system and also discuss criticisms of both systems.

Question 44

Discuss the four main methods of constitutional review used in the world today.Be sure to include which model countries practice each method if any.

Question 45

List the criminal procedure for each model country in regards to the right to remain silent, right to jury by trial, and kind of procedural system.

Question 46

Discuss the Popular (Mixed) System and cite examples within our model countries.

Question 47

Discuss how the International Criminal Court was brought about, and also discuss the three ways the rules of the International Criminal Court (ICC) differ from other supranational courts.

Question 48

Critics of the adversarial system are concerned that correct criminal procedure has become so extreme that predatory criminals who learn to manipulate the rules of the system are likely to win the game despite their obvious guilt.

Question 49

The growing influence of international and supranational courts can be cited as a reason for increased convergence in the area of criminal procedure.

Question 50

Discuss the distinctive aspects of Socialist Law procedure.

Question 51

Give the definition of supranational courts and also discuss the three general forms of supranational courts.

Question 52

England, like the United States, has no judicial review procedures.