Question 1

The fundamental fairness doctrine of due process requires states to provide:

Accepted Answer

A) notice to defendants of the charges against them,an attorney at state expense if they cannot afford one,and a hearing on the facts before conviction and punishment. 
B) notice to defendants of the charges against them and hearing on the facts before conviction and punishment. 
C) a grand jury proceeding only. 
D) notice to defendants of the charges against them,a grand jury proceeding,and a hearing on the facts before conviction and punishment. 
A) notice to defendants of the charges against them,an attorney at state expense if they cannot afford one,and a hearing on the facts before conviction and punishment. 
B) notice to defendants of the charges against them and hearing on the facts before conviction and punishment. 
C) a grand jury proceeding only. 
D) notice to defendants of the charges against them,a grand jury proceeding,and a hearing on the facts before conviction and punishment. B

Question 2

The Sixth Amendment guarantees which of the following?

Accepted Answer

A) The right to be free from unreasonable searches. 
B) The right against double jeopardy. 
C) The right to an impartial jury. 
D) The right to due process of law. 
A) The right to be free from unreasonable searches. 
B) The right against double jeopardy. 
C) The right to an impartial jury. 
D) The right to due process of law. C

Question 3

The sources of American criminal procedure law include:

Accepted Answer

A) the U.S.Constitution. 
B) federal rules of criminal procedure and state court opinions. 
C) U.S.Supreme Court decisions and federal rules of criminal procedure. 
D) the U.S.Constitution,U.S.Supreme Court decisions,federal rules of criminal procedure,and state court opinions. 
A) the U.S.Constitution. 
B) federal rules of criminal procedure and state court opinions. 
C) U.S.Supreme Court decisions and federal rules of criminal procedure. 
D) the U.S.Constitution,U.S.Supreme Court decisions,federal rules of criminal procedure,and state court opinions. D

Question 4

Which of the following is NOT a source of criminal procedural law?

Accepted Answer

A) State court opinions 
B) Model Code of Pre-Arraignment Procedure 
C) Administrative agency regulations 
D) State rules of criminal procedure 
A) State court opinions 
B) Model Code of Pre-Arraignment Procedure 
C) Administrative agency regulations 
D) State rules of criminal procedure

Question 5

Equal protection of the law means that states must treat everybody alike.

Accepted Answer

A) True 
 B)False

Question 6

Rights every state guarantees its citizens similar to those in the United States Constitution and Bill of Rights are referred to as_________rights.

Accepted Answer

The answer of Rights every state guarantees its citizens similar...

Question 7

According to the Supreme Court in Powell v.Alabama,the famous "Scottsboro Case" of 1932 involving several black youths accused of raping two white girls on a train:

Accepted Answer

A) the entire Bill of Rights applies to state criminal procedure. 
B) the due process clause requires states to follow all of the federal government's rules of criminal procedure. 
C) all criminal defendants are entitled to a lawyer in every criminal case free of charge. 
D) in the severe circumstances of this case,the state was required under the federal Constitution to provide counsel for the defendants. 
A) the entire Bill of Rights applies to state criminal procedure. 
B) the due process clause requires states to follow all of the federal government's rules of criminal procedure. 
C) all criminal defendants are entitled to a lawyer in every criminal case free of charge. 
D) in the severe circumstances of this case,the state was required under the federal Constitution to provide counsel for the defendants.

Question 8

Although he concurred with the result in Rochin v.California,Justice Black disagreed with the majority's approach to deciding what constitutes due process because he felt:

Accepted Answer

A) that the conviction should have stood. 
B) the majority's approach gave individual justices too much leeway to enforce their own notions of justice on the states. 
C) it was too rigid and unbending. 
D) the Court had no business reviewing state court convictions. 
A) that the conviction should have stood. 
B) the majority's approach gave individual justices too much leeway to enforce their own notions of justice on the states. 
C) it was too rigid and unbending. 
D) the Court had no business reviewing state court convictions.

Question 9

In Palko v.Connecticut (1937),what procedural issue is referenced by Justice Cardozo in his opinion concerning the applicability of the Bill of Rights to the states?

Accepted Answer

A) Excessive bail 
B) Double jeopardy 
C) Fundamental fairness 
D) Ineffective counsel 
A) Excessive bail 
B) Double jeopardy 
C) Fundamental fairness 
D) Ineffective counsel

Question 10

Some state constitutions provide rights not mentioned in the U.S.Constitution

Accepted Answer

A) True 
 B)False

Question 11

In Hurtado v.California (1884),involving the murder by Hurtado of his wife's lover,the Supreme Court ruled that the Fourteenth Amendment due process clause:

Accepted Answer

A) requires jury trials in all state courts. 
B) requires states to provide a grand jury indictment in capital cases. 
C) does not forbid states to use the death penalty because it does not define defendants of a "fundamental right" in capital cases. 
D) does not require states to provide a grand jury indictment in capital cases. 
A) requires jury trials in all state courts. 
B) requires states to provide a grand jury indictment in capital cases. 
C) does not forbid states to use the death penalty because it does not define defendants of a "fundamental right" in capital cases. 
D) does not require states to provide a grand jury indictment in capital cases.

Question 12

The Constitution is a different type of document than a statute,because it expresses the will of the people as a whole.

Accepted Answer

A) True 
 B)False

Question 13

The Supremacy Clause of the U.S.Constitution:

Accepted Answer

A) explicitly provides for judicial review. 
B) vests final government authority in the U.S.Constitution. 
C) only applies to the federal government. 
D) does not apply to state court decisions. 
A) explicitly provides for judicial review. 
B) vests final government authority in the U.S.Constitution. 
C) only applies to the federal government. 
D) does not apply to state court decisions.

Question 14

Summarize the differences among the fundamental fairness,total incorporation,and selective incorporation doctrines as they influence state criminal procedures.

Accepted Answer

The fundamental fairness doctrine focuse

Question 15

Constitutionalism assumes which of the following statements to be TRUE?

Accepted Answer

A) Laws and constitutions are both considered to be sets of guidelines for behavior. 
B) Constitutions can never be changed under any circumstances once created. 
C) The constitution is never considered to be binding on the government in any way. 
D) Constitutions embody the core values and collective will of the people. 
A) Laws and constitutions are both considered to be sets of guidelines for behavior. 
B) Constitutions can never be changed under any circumstances once created. 
C) The constitution is never considered to be binding on the government in any way. 
D) Constitutions embody the core values and collective will of the people.

Question 16

Besides notification of charges against the accused,what is the other procedural element that was required to satisfy the definition of a 'fair trial' under the Fundamental Fairness Doctrine?

Accepted Answer

A) Hearing of the facts before sentencing. 
B) Presence of effective defense counsel at trial 
C) Timely sentencing upon conviction 
D) Right to appeal if found guilty 
A) Hearing of the facts before sentencing. 
B) Presence of effective defense counsel at trial 
C) Timely sentencing upon conviction 
D) Right to appeal if found guilty

Question 17

Selective incorporation means:

Accepted Answer

A) the state legislatures can select which provisions in the Bill of Rights to incorporate. 
B) only some of the Bill of Rights are incorporated into the due process clause of the Fourteenth Amendment. 
C) only the Fourth and Fifth Amendments are incorporated into the due process clause of the Fourteenth Amendment. 
D) state supreme courts shall decide which provisions in the Bill of Rights their states should incorporate. 
A) the state legislatures can select which provisions in the Bill of Rights to incorporate. 
B) only some of the Bill of Rights are incorporated into the due process clause of the Fourteenth Amendment. 
C) only the Fourth and Fifth Amendments are incorporated into the due process clause of the Fourteenth Amendment. 
D) state supreme courts shall decide which provisions in the Bill of Rights their states should incorporate.

Question 18

Although it is the highest court in the land,the U.S.Supreme Court depends on local courts and the police to apply its decisions to daily situations.

Accepted Answer

A) True 
 B)False

Question 19

Identify the two elements individuals must prove to succeed in a claim that government denied them equal protection of the law.

Accepted Answer

The two facts that must be shown to prov

Question 20

In place of the fundamental fairness doctrine,some on the Court argued for the_________doctrine.

Accepted Answer

The answer of In place of the fundamental fairness doctrine,some...

The fundamental fairness doctrine of due process requires states to provide:

The Sixth Amendment guarantees which of the following?

The sources of American criminal procedure law include:

Which of the following is NOT a source of criminal procedural law?

Equal protection of the law means that states must treat everybody alike.

Rights every state guarantees its citizens similar to those in the United States Constitution and Bill of Rights are referred to as_________rights.

According to the Supreme Court in Powell v.Alabama,the famous "Scottsboro Case" of 1932 involving several black youths accused of raping two white girls on a train:

Although he concurred with the result in Rochin v.California,Justice Black disagreed with the majority's approach to deciding what constitutes due process because he felt:

In Palko v.Connecticut (1937),what procedural issue is referenced by Justice Cardozo in his opinion concerning the applicability of the Bill of Rights to the states?

Some state constitutions provide rights not mentioned in the U.S.Constitution

In Hurtado v.California (1884),involving the murder by Hurtado of his wife's lover,the Supreme Court ruled that the Fourteenth Amendment due process clause:

The Constitution is a different type of document than a statute,because it expresses the will of the people as a whole.

The Supremacy Clause of the U.S.Constitution:

Summarize the differences among the fundamental fairness,total incorporation,and selective incorporation doctrines as they influence state criminal procedures.

Constitutionalism assumes which of the following statements to be TRUE?

Besides notification of charges against the accused,what is the other procedural element that was required to satisfy the definition of a 'fair trial' under the Fundamental Fairness Doctrine?

Selective incorporation means:

Although it is the highest court in the land,the U.S.Supreme Court depends on local courts and the police to apply its decisions to daily situations.

Identify the two elements individuals must prove to succeed in a claim that government denied them equal protection of the law.

In place of the fundamental fairness doctrine,some on the Court argued for the_________doctrine.

Crime Control in a Constitutional Democracy

The Definition of Searches and Seizures

Stop and Frisk

Seizures of Persons: Arrest

Searches for Evidence

Special Needs Searches

Self-Incrimination

Identification Procedures Identification Procedures

Remedies for Constitutional Violations I: the Exclusionary Rule and Entrapment

Constitutional Violations II: Other Remedies Against Official Misconduct

Court Proceedings I: Before Trial

Court Proceedings II: Trial and Conviction

After Conviction

Criminal Procedure in Crisis Times

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Exam 2: Criminal Procedure and the Constitution

The fundamental fairness doctrine of due process requires states to provide:

The Sixth Amendment guarantees which of the following?

The sources of American criminal procedure law include:

Which of the following is NOT a source of criminal procedural law?

Equal protection of the law means that states must treat everybody alike.

Rights every state guarantees its citizens similar to those in the United States Constitution and Bill of Rights are referred to as_________rights.

According to the Supreme Court in Powell v.Alabama,the famous "Scottsboro Case" of 1932 involving several black youths accused of raping two white girls on a train:

Although he concurred with the result in Rochin v.California,Justice Black disagreed with the majority's approach to deciding what constitutes due process because he felt:

In Palko v.Connecticut (1937),what procedural issue is referenced by Justice Cardozo in his opinion concerning the applicability of the Bill of Rights to the states?

Some state constitutions provide rights not mentioned in the U.S.Constitution

In Hurtado v.California (1884),involving the murder by Hurtado of his wife's lover,the Supreme Court ruled that the Fourteenth Amendment due process clause:

The Constitution is a different type of document than a statute,because it expresses the will of the people as a whole.

The Supremacy Clause of the U.S.Constitution:

Summarize the differences among the fundamental fairness,total incorporation,and selective incorporation doctrines as they influence state criminal procedures.

Constitutionalism assumes which of the following statements to be TRUE?

Besides notification of charges against the accused,what is the other procedural element that was required to satisfy the definition of a 'fair trial' under the Fundamental Fairness Doctrine?

Selective incorporation means:

Although it is the highest court in the land,the U.S.Supreme Court depends on local courts and the police to apply its decisions to daily situations.

Identify the two elements individuals must prove to succeed in a claim that government denied them equal protection of the law.

In place of the fundamental fairness doctrine,some on the Court argued for the_________doctrine.

Crime Control in a Constitutional Democracy

The Definition of Searches and Seizures

Stop and Frisk

Seizures of Persons: Arrest

Searches for Evidence

Special Needs Searches

Self-Incrimination

Identification Procedures Identification Procedures

Remedies for Constitutional Violations I: the Exclusionary Rule and Entrapment

Constitutional Violations II: Other Remedies Against Official Misconduct

Court Proceedings I: Before Trial

Court Proceedings II: Trial and Conviction

After Conviction

Criminal Procedure in Crisis Times

Filters