Question 1

State officials and police officers must look to the state supreme courts for the final word in criminal procedure.

Accepted Answer

State officials and police officers must look to the U.S. Supreme Court for the final word in criminal procedure, as it has the ultimate authority on constitutional matters, including those related to criminal procedure.

Question 2

State constitutions cannot have stricter constitutional protections than those implemented by the United States Supreme Court.

Accepted Answer

State constitutions can absolutely have stricter protections than those provided by the US Supreme Court. In fact, many state constitutions have been used to interpret and expand upon individual rights beyond what is offered at the federal level.

Question 3

Police authority is included in the concept of police power.

Accepted Answer

Police power is a broad power given to the government to regulate the behavior and actions of people and businesses in order to protect the public’s health, safety, and welfare. Police authority is a specific aspect of police power that relates to the power given to law enforcement agencies to enforce laws and maintain order. Therefore, police authority is included in the concept of police power.

Question 4

When the Bill of Rights was adopted, it was intended to apply only to federal proceedings.

Accepted Answer

The Bill of Rights was initially intended to limit the power of the federal government and did not apply to state proceedings. It was not until later that the Supreme Court ruled that some of the rights, such as freedom of speech and religion, also applied to state governments through the concept of incorporation.

Question 5

The Bill of Rights includes specific provisions for criminal procedure. There is no need for judicial interpretation.

Accepted Answer

While the Bill of Rights does include provisions for criminal procedure, such as the right to a fair trial and protection against unreasonable searches and seizures, the interpretation and application of these provisions can vary and require judicial interpretation. Court cases and rulings have helped to clarify and expand upon these rights over time.

Question 6

The most important amendment for criminal procedure is the Second Amendment.

Accepted Answer

The Second Amendment deals with the right to bear arms, and is not directly related to criminal procedure. The most important amendment for criminal procedure is generally considered to be the Fourth Amendment, which protects individuals from unreasonable searches and seizures. Other amendments, such as the Fifth, Sixth, and Eighth Amendments, also play important roles in criminal procedure.

Question 7

The Fourteenth Amendment was part of the original Bill of Rights.

Accepted Answer

The Fourteenth Amendment was not part of the original Bill of Rights. It was ratified in 1868, nearly 80 years after the Bill of Rights was added to the Constitution.

Question 8

Article VI of the Constitution requires all executive and judicial officers to take an oath to support the Constitution of the United States.

Accepted Answer

Article VI of the Constitution states that "The Senators and Representatives before mentioned, and the Members of the several State Legislatures, and all executive and judicial Officers, both of the United States and of the several States, shall be bound by Oath or Affirmation, to support this Constitution." Therefore, it is a requirement for both executive and judicial officers to take an oath to support the Constitution.

Question 9

Article VI applies only to federal executive and judicial officers. It does not apply to state officers.

Accepted Answer

Article VI of the U.S. Constitution contains the Supremacy Clause, which establishes that the Constitution, federal laws made pursuant to it, and treaties made under its authority, constitute the supreme law of the land. It applies to both federal and state officers, requiring them to swear an oath to support the Constitution, not just federal executive and judicial officers.

Quiz 3: Police Power and Limitations