Deck 1: History and Development of the Law of Criminal Justice

Question 1

The privilege against self-incrimination (which includes the right of a defendant not to testify) is found in the ___________ Amendment.

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

Answer 1

B

Question 2

The Confrontation Clause is found in the __________ Amendment.

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

Answer 2

C

Question 3

The American Declaration of Independence (1776) the government derives its powers from

A)divine right.
B)natural law.
C)the people by their consent.
D)the common law.

Answer 3

C

Question 4

In England, before the Norman invasion of 1066, guilt or innocence was determined by

A)presentment juries.
B)oaths and oath-helpers.
C)petit juries.
D)ordeals.

Question 5

The right to a speedy and public trial is found in the __________ Amendment.

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

Question 6

Under the Sixth Amendment, defendants have a right to a/n ____________ jury.

A)favorable
B)well-informed
C)intelligent
D)impartial

Question 7

A suspect arrested without an arrest warrant must have a probable cause hearing before a judge or magistrate "promptly," within ___ hours of the arrest, including weekends and holidays.

A)24
B)36
C)48
D)72

Question 8

Because it is not required by the U.S.Constitution, only about half the states give defendants a right to

A)confront and cross-examine witnesses.
B)grand jury review.
C)have notice of the charges.
D)a speedy and public trial.

Question 9

The ______________ was the earliest legal procedure by which illegal or improper jailing or detention could be challenged in a court of law.

A)Appeal
B)Inquisition
C)Magna Carta
D)Writ of Habeas Corpus

Question 10

The English common law writ (also adopted in the U.S.) which allowed a person to challenge the legality of their custody or imprisonment was the writ of

A)certiorari.
B)habeas corpus.
C)mandamus.
D)pro hac vice.

Question 11

The Bill of Rights originally applied to the ______________ government.

A)federal
B)states
C)municipal
D)county

Question 12

The Magna Carta of 1215 was the first document establishing

A)minimum standards for arresting and imprisoning people accused of crimes.
B)the divine right of kings.
C)that the monarchy was the only source of personal rights.
D)the writ of mandamus.

Question 13

The rules of evidence are important not only to safeguard the rights of accused persons in a fair trial but also to ensure

A)the interests of the public in the proper functioning of the criminal justice system.
B)that the accused receives a perfect trial.
C)jurors are protected from distressing evidence.
D)there is no chance of an appeal.

Question 14

Through operation of the ____________ Amendment, many provisions of the Bill of Rights now also limit the power of the states.

A)Tenth
B)Thirteenth
C)Fourteenth
D)Fifteenth

Question 15

The rules of evidence

A)determine what information will be available to the judge or jury at trial.
B)dictate who can be selected for jury duty
C)specify the punishment for crimes.
D)require that all defendants have access to habeas corpus.

Question 16

Under American law, the defendant is presumed innocent and the government must prove guilt

A)by a preponderance of the evidence.
B)to a moral certainty.
C)beyond a reasonable doubt.
D)by clear and convincing evidence.

Question 17

The first ten amendments to the U.S.Constitution are known as the

A)Habeas Corpus Act.
B)Bill of Rights.
C)Magna Carta.
D)Declaration of Rights.

Question 18

Under American law, defendants have a right to a ________ trial.

A)perfect (error free)
B)fair
C)bench
D)inquisitorial

Question 19

Protection of the writ of habeas corpus and jury trials are found in the U.S.

A)Bill of Rights.
B)Constitution.
C)Declaration of the Rights of Man.
D)Magna Carta.

Question 20

The federal government requires a trial within _______ days for a felony unless the requirement for a speedy trial is waived.

A)30
B)60
C)70
D)90

Question 21

The Sixth Amendment guarantees a speedy and public trial.

Question 22

In all states, a defendant has a right to grand jury review of the charges.

Question 23

When originally ratified, the Bill of Rights limited the powers of the federal government, not the powers of the states.

Question 24

The prosecution can subpoena that defendants testify at their criminal trials.

Question 25

A presentment jury is the same as a trial or petit jury.

Question 26

The first twelve Amendments to the U.S.Constitution are called the Bill of Rights.

Question 27

The prosecution is required by law to prove the defendant's guilt beyond a reasonable doubt.

Question 28

One of the most deeply rooted traditions of modern Anglo-Saxon law is that an accused is innocent until proven guilty beyond a reasonable doubt.

Question 29

Under American law, criminal defendants have a right to a perfect (error free) trial.

Question 30

The Eighth Amendment prohibits unreasonable searches and seizures.

Question 31

Habeas corpus was established under the Magna Carta.

Question 32

After conquering England in 1066, the Norman invaders instituted trial by ordeal.

Question 33

The defense carries the burden of proving the defendant is not guilty.

Question 34

One of the purposes of the rules of evidence is to help assure that defendants get a fair trial.

Question 35

The right of habeas corpus is protected by the U.S.Constitution.

Question 36

The Fifth Amendment requires that defendants receive notice of any charges brought against them.

Question 37

The Sixth Amendment affords defendants a right to confront and cross-examine witnesses.

Question 38

The U.S.Declaration of Independence declares that governments derive their power from consent of the governed.

Question 39

The Sixth Amendment contains a right to counsel.

Question 40

Every error at a trial entitles the defendant to a new trial.

Question 41

The English __________________ of 1215 was an important step in limiting government power and granting rights.

Question 42

The writ of ________________ is a means of challenging the government's authority to detain or imprison people.

Question 43

Discuss how habeas corpus defines/limits our judicial process for enemy combatants.

Question 44

List the abuses by the English monarchy and the corrections of those abuses remedied by the U.S.Constitution.

Question 45

Extensive listing of individual rights are found in the Fifth and _______ Amendments.

Question 46

In Uttecht v.Brown, the U.S.Supreme Court established principles for excusing jurors.Identify these principles and explain each.(LO3, 16)

Question 47

The rules of ____________ determine what information can be presented to the judge and/or jury.

Question 48

The First ten Amendments to the U.S.Constitution are called the ____________.

Question 49

Under American law, the prosecution must prove the defendant's guilty beyond a _____________ doubt.

Question 50

Through operation of the ____________ Amendment, most of the Bill of Rights' provisions are also applicable against the states.

Question 51

Prior to the Norman invasion of England, the use of ____________ was a common method of determining guilt or innocence.

Question 52

Protection against illegal search and seizure is guaranteed by the ___________ Amendment.

Question 53

The first form of jury in English history was the ____________ jury.

Question 54

Under American law, the defendant is entitled to the presumption of ____________.

Question 55

The Magna Carta began the development of the concept in law that there had to be ________ cause to justify arresting or holding a person in custody.

Question 56

The formal charging document issued by a grand jury is called a/n ____________.

Question 57

The foundation of the American criminal justice system was developed through the U.S.Constitution.What are the guarantees of the Fifth and Sixth Amendments??

Question 58

The _____________ Amendment gives defendants a right to notice of the charges, a right to counsel, and a right to confront and cross-examine adverse witnesses.

Question 59

The _________ Amendment gives defendants a right to a speedy and public trial.

Question 60

The Magna Carta greatly influenced the American Declaration of Independence.Discuss, in detail, the ideals incorporated from the Magna Carta into the Declaration.

Question 61

Defendants in the United States whom are charged with felonies may lose their right to be present at their trial under what situations?

Question 62

The U.S.Supreme Court holds that a suspect arrested without an arrest warrant must have a probable cause hearing before a judge or magistrate "promptly," of which is defined as being within 48 hours of the arrest, including weekends and holidays.If this 48 hour rule is violated, what is the burden placed on the prosecution and what may be the consequence of such an unwarranted delay?

Question 63

The Supreme Court has ruled that there are four guiding principles that should be used when determining whether a juror has been properly excused for cause in capital cases.What are those four principles?