Question 1

Everyone has a right to trial by jury. The Supreme Court has ruled that this right does not apply to:

Accepted Answer

The Supreme Court has ruled that the right to trial by jury does not apply in cases of petty crimes (where the potential punishment is less than six months), military tribunals (which have their own legal procedures), and situations where the defendant has voluntarily waived the right to a trial by jury.

Question 2

This is provided for by the first clause in the Fourth Amendment and prohibits unreasonable searches and seizures.

Accepted Answer

The first clause in the Fourth Amendment is often referred to as the Reasonableness Clause, which prohibits unreasonable searches and seizures, setting the foundation for the requirement that searches and seizures be conducted in a lawful manner.

Question 3

This is provided for in the Fourth Amendment and specifies that warrants must be supported by probable cause, specify where a search is to take place, and describe with particularity who or what is to be seized.

Accepted Answer

The Warrants clause of the Fourth Amendment specifies that warrants must be supported by probable cause, detail the place to be searched, and describe the persons or things to be seized.

Question 4

Exigent circumstances are those that would cause a reasonable person to believe that entry or other relevant prompt action was necessary to:

Accepted Answer

Exigent circumstances justify prompt action to prevent harm, destruction of evidence, or escape, covering all options listed.

Question 5

There are three important procedural justice rights contained in the Fifth Amendment. They include:

Accepted Answer

The Fifth Amendment includes all three rights: the right to indictment by a grand jury, protection against double jeopardy, and the privilege against self-incrimination, making all of the options correct.

Question 6

Take as an example, someone lies down across the state border between Iowa and Nebraska so that he is simultaneously in both states. If he were shot to death at that moment, could both Iowa and Nebraska place the shooter on trial for murder?

Accepted Answer

The principle of "dual sovereignty" allows both Iowa and Nebraska to prosecute the shooter for the same act without violating the double jeopardy clause, as each state is considered a separate sovereign.

Question 7

A person refuses to testify against himself at his own trial. This is legal due to:

Accepted Answer

The privilege against self-incrimination allows a person to refuse to testify against themselves at their own trial, as protected under the Fifth Amendment of the U.S. Constitution.

Question 8

Police have to inform suspects of their rights before starting to interrogate someone who is in custody, in order to insure that suspects know of the privilege against self-incrimination. Where does this stem from?

Accepted Answer

This stems from the Supreme Court ruling Miranda v. Arizona, which established the requirement for police to inform suspects of their rights, including the right against self-incrimination, before interrogation.

Question 9

A trial in which the judge determines the verdict is called:

Accepted Answer

A bench trial is one in which the judge makes the decision on the verdict, without a jury being involved.

Question 10

Written notice is provided in a one of three types of a charging document. These include:

Accepted Answer

Indictments, informations, and complaints are all types of charging documents used in the legal system to provide written notice of charges to a defendant, thus all of the options are correct.

Question 11

Which type of charging document is filed by prosecutors?

Accepted Answer

The answer of Which type of charging document is filed...

Question 12

Which type of charging document is issued by a grand jury?

Accepted Answer

Indictments are issued by a grand jury after they have determined there is enough evidence to charge someone with a crime. Informations and complaints are typically used in different contexts and are not issued by a grand jury.

Question 13

Which type of charging document is signed and sworn by a police officer or victim of a crime?

Accepted Answer

Complaints are the type of charging documents that are signed and sworn by a police officer or victim of a crime. They are used to initiate criminal charges and are typically the first step in the legal process following an alleged offense.

Question 14

At the time the Sixth Amendment was adopted, the right to counsel clause was included to insure that people who could afford to hire lawyers were free to do so. Over time, it has evolved to ensure:

Accepted Answer

The Sixth Amendment's right to counsel clause has evolved to ensure that individuals who cannot afford an attorney are provided one at no cost (B) and that defendants are guaranteed effective assistance of counsel (C), making both B and C correct.

Question 15

Requiring proof beyond a reasonable doubt for criminal convictions is grounded in:

Accepted Answer

The requirement for proof beyond a reasonable doubt in criminal convictions is primarily grounded in the Due Process Clause of the Constitution, which ensures fair treatment through the normal judicial system, especially as a citizen's liberty is at stake.

Question 16

The government may not discriminate based on characteristics like race, ethnicity, and religion. This is protected by:

Accepted Answer

The Equal Protection Clause, part of the Fourteenth Amendment to the United States Constitution, specifically prohibits states from denying any person within its jurisdiction the equal protection of the laws, which includes discrimination based on race, ethnicity, and religion.

Question 17

The Supreme Court has interpreted the Sixth Amendment as guaranteeing:

Accepted Answer

The Sixth Amendment guarantees the right to effective assistance of counsel.

Question 18

A person is robbed while walking on a street. There is a witness, and that witness is required by the court order to appear in court at a specific date to provide sworn testimony in the case. What is the name of the court order that commands the witness to appear?

Accepted Answer

A subpoena is a legal document that orders an individual to appear in court to testify as a witness.

Question 19

This significantly limits the use of out-of-court statements by people who are not testifying at trial.

Accepted Answer

The Confrontation Clause, found in the Sixth Amendment of the U.S. Constitution, significantly limits the use of out-of-court statements by people who are not testifying at trial by ensuring the defendant's right to confront witnesses against them.

Question 20

Procedural justice is grounded in the idea that fair procedures are the best guarantees for fair outcomes.

Accepted Answer

Procedural justice emphasizes the importance of fair and transparent processes in decision-making to ensure that outcomes are perceived as fair by all parties involved.

Quiz 8: Concepts of Criminal Procedure