Question 1

In which constitutional Amendment is the Due Process Clause?

Accepted Answer

The Due Process Clause is found in the Fourteenth Amendment of the United States Constitution, which guarantees that no state shall deprive any person of life, liberty, or property, without due process of law.

Question 2

A person who believes in the federalist notion of states' rights would most likely support which of the following approaches of incorporation?

Accepted Answer

The fundamental fairness approach aligns more closely with a federalist notion of states' rights because it allows for more flexibility and autonomy at the state level, rather than imposing a uniform standard across all states as total incorporation approaches would.

Question 3

Which of the following Amendments protections against unreasonable searches and seizures?

Accepted Answer

The Fourth Amendment specifically protects against unreasonable searches and seizures, requiring any warrant to be judicially sanctioned and supported by probable cause.

Question 4

Which of the following states that the U.S.Constitution and laws passed by the U.S.Congress eclipse state constitutions and state laws?

Accepted Answer

The Supremacy Clause, found in Article VI, Clause 2 of the U.S. Constitution, establishes that the Constitution, federal laws made pursuant to it, and treaties made under its authority, constitute the supreme law of the land. It explicitly provides that these are higher than state laws and constitutions.

Question 5

The ______ is responsible for suggesting reforms that might be made to various criminal justice procedures.

Accepted Answer

The "Standards for Criminal Justice" are developed by the American Bar Association and are designed to suggest reforms and improvements in criminal justice procedures, including pre-trial, trial, and post-conviction processes.

Question 6

As a general rule, state constitutions ______.

Accepted Answer

State constitutions often mirror the U.S. Constitution in structure and principles but also grant additional rights to their citizens that are not explicitly found in the U.S. Constitution.

Question 7

Which of the following is the primary source of criminal procedure?

Accepted Answer

The U.S. Constitution is the primary source of criminal procedure as it lays down the fundamental rights and principles that govern the administration of justice, including the rights of individuals suspected or accused of crimes.

Question 8

All of the following were addressed in the original U.S.Constitution (excluding the Bill of Rights) except ______.

Accepted Answer

Protection against excessive bail was not addressed in the original U.S. Constitution but was later included in the Bill of Rights, specifically in the Eighth Amendment. The other options were indeed addressed in the original document.

Question 9

The ______ sets forth the policy of the Justice Department at every stage of the criminal justice process, including grand juries, the filing of criminal charges, plea bargaining, and sentencing.

Accepted Answer

The United States Attorney's Manual of the Department of Justice outlines the policy of the Justice Department at every stage of the criminal justice process, including aspects like grand juries, the filing of criminal charges, plea bargaining, and sentencing.

Question 10

Which of the following has been used by the Supreme Court to impose standards that are not required by the U.S.Constitution?

Accepted Answer

The Supreme Court has used its supervisory authority over lower courts to impose standards and practices that are not explicitly required by the U.S. Constitution, enhancing procedural protections and ensuring fairness in judicial processes.

Question 11

The ______ Amendment protects against excessive bail and fines.

Accepted Answer

The Eighth Amendment to the United States Constitution protects against excessive bail and fines, as well as cruel and unusual punishment.

Question 12

Which of the following guarantees individuals the right to go before a court and require the government to explain why they are incarcerated?

Accepted Answer

Habeas corpus is a legal action or writ by means of which detainees can seek relief from unlawful imprisonment. It directly requires the government to justify the detention of an individual before a court.

Question 13

Which of the following events in U.S.history served as a major turning point in the application of the Bill of Rights to the states?

Accepted Answer

The Civil War was a major turning point in the application of the Bill of Rights to the states because it led to the adoption of the Fourteenth Amendment, which extended the protections of the Bill of Rights to the states.

Question 14

All of the following are responsible for establishing federal rules of criminal procedure except ______.

Accepted Answer

The President does not have the authority to establish federal rules of criminal procedure. This responsibility lies with entities such as the Judicial Conference of the United States, the Chief Justice (in their capacity as part of the judiciary), and Congress, which can enact laws affecting criminal procedure.

Question 15

All of the following are sets of rules or guidelines for criminal procedure except ______.

Accepted Answer

The Model Penal Code is a set of guidelines designed to standardize the substantive law of crimes across the United States, not rules or guidelines for criminal procedure.

Question 16

In which case did a Supreme Court Justice make this famous proclamation: "an act that is repugnant to the Constitution is void" and that "[i]t is emphatically the province and duty of the judicial department to say what the law is?"

Accepted Answer

This proclamation was made by Chief Justice John Marshall in the landmark case Marbury v. Madison (1803), establishing the principle of judicial review.

Question 17

Which of the following is the only crime mentioned by name in the U.S.Constitution?

Accepted Answer

Treason is the only crime that is explicitly mentioned by name in the U.S. Constitution, defined in Article III, Section 3.

Question 18

The constitutionalization of criminal procedure is known as ______.

Accepted Answer

The constitutionalization of criminal procedure refers to the process by which the U.S. Supreme Court has applied federal constitutional protections to state criminal procedures, effectively nationalizing them.

Question 19

Which of the following addresses pretrial police investigations and has been cited by judges grappling with criminal procedure issues.

Accepted Answer

The Model Code of Pre-Arraignment Procedure addresses pretrial police investigations and is often referenced by judges when dealing with issues related to criminal procedure.

Question 20

Which of the following Amendments ensures the right to a speedy trial?

Accepted Answer

The Sixth Amendment to the United States Constitution guarantees the right to a speedy trial.

Quiz 2: The Sources of Criminal Procedure