Question 1

The total incorporation doctrine:

Accepted Answer

A) leaves the states more freedom to determine their own procedures than the fundamental fairness doctrine. 
B) means that the equal protection clause incorporates the provisions in all of the Bill of Rights relating to criminal procedure. 
C) would incorporate in total those rights in the Bill of Rights that are "implicit in the concept of ordered liberty." 
D) means that the due process clause of the Fourteenth Amendment incorporates the provisions in all of the Bill of Rights relating to criminal procedure. 
A) leaves the states more freedom to determine their own procedures than the fundamental fairness doctrine. 
B) means that the equal protection clause incorporates the provisions in all of the Bill of Rights relating to criminal procedure. 
C) would incorporate in total those rights in the Bill of Rights that are "implicit in the concept of ordered liberty." 
D) means that the due process clause of the Fourteenth Amendment incorporates the provisions in all of the Bill of Rights relating to criminal procedure.

Question 2

The idea that due process guarantees fair procedures for deciding cases is called_________.

Accepted Answer

procedural

Question 3

The Constitution always binds the government.

Accepted Answer

A) True 
 B)False

Question 4

In order to claim a violation of the equal protection clause,a claimant must prove:

Accepted Answer

A) the official government action had a discriminatory effect. 
B) the official intended to discriminate. 
C) that the government action had a discriminatory effect and a discriminatory purpose. 
D) that the government action treated him/her differently than other people. 
A) the official government action had a discriminatory effect. 
B) the official intended to discriminate. 
C) that the government action had a discriminatory effect and a discriminatory purpose. 
D) that the government action treated him/her differently than other people.

Question 5

Most of the Bill of Rights' guarantees have now been made applicable to and binding on the states through the
due process clause of the Fourteenth Amendment.

Accepted Answer

A) True 
 B)False

Question 6

The Articles of Confederation were written by former British colonists in response to British tyranny.

Accepted Answer

A) True 
 B)False

Question 7

The right to a speedy trial is guaranteed in the_________Amendment.

Accepted Answer

The answer of The right to a speedy trial is...

Question 8

The U.S.Constitution:

Accepted Answer

A) sets minimum national constitutional standards. 
B) sets the highest possible constitutional standards,but only for the federal government. 
C) sets the highest possible constitutional standards,both for state and national governments. 
D) prescribes detailed rules for police officers to follow when arresting citizens. 
A) sets minimum national constitutional standards. 
B) sets the highest possible constitutional standards,but only for the federal government. 
C) sets the highest possible constitutional standards,both for state and national governments. 
D) prescribes detailed rules for police officers to follow when arresting citizens.

Question 9

Criminal procedure refers to the methods the government can use to:

Accepted Answer

A) investigate criminals. 
B) investigate and prosecute criminals. 
C) investigate,prosecute,and convict criminals. 
D) investigate,prosecute,convict,and punish criminals. 
A) investigate criminals. 
B) investigate and prosecute criminals. 
C) investigate,prosecute,and convict criminals. 
D) investigate,prosecute,convict,and punish criminals.

Question 10

The United States Supreme Court has no authority to interpret a state constitution as long as state constitutional provisions and the decisions interpreting them meet the standards set by the United States Constitution.

Accepted Answer

A) True 
 B)False

Question 11

According to the_________,the U.S.Supreme Court's interpretation trumps the interpretation of all other courts,federal and local,and of Congress and all state and local legislatures.

Accepted Answer

A) Supremacy clause 
B) Principle of judicial review 
C) Supervisory power clause 
D) Supreme review clause 
A) Supremacy clause 
B) Principle of judicial review 
C) Supervisory power clause 
D) Supreme review clause

Question 12

The power of courts to declare laws and government actions unconstitutional is called_________.

Accepted Answer

The answer of The power of courts to declare laws...

Question 13

The term "parallel rights" refers to:

Accepted Answer

A) rights guaranteed by a state constitution that are similar to the rights guaranteed by the U.S.Constitution. 
B) rights guaranteed by a state constitution that include rights not guaranteed by the U.S.Constitution. 
C) rights guaranteed by state statute that are similar to the rights included in the state constitution. 
D) state rights that have been replaced by federal rights. 
A) rights guaranteed by a state constitution that are similar to the rights guaranteed by the U.S.Constitution. 
B) rights guaranteed by a state constitution that include rights not guaranteed by the U.S.Constitution. 
C) rights guaranteed by state statute that are similar to the rights included in the state constitution. 
D) state rights that have been replaced by federal rights.

Question 14

The early Roman republic had virtually no safeguards for individuals against government power in its law of criminal procedure.

Accepted Answer

A) True 
 B)False

Question 15

According to Justice William Brennan,by the 1970s,the incorporation doctrine had virtually no impact on law.

Accepted Answer

A) True 
 B)False

Question 16

The Supreme Court in Rochin v.California,involving police officers who forced a stomach pumping in order to retrieve swallowed narcotics,held that the:

Accepted Answer

A) Fifth Amendment applies to the states. 
B) Fourth Amendment applies to the states. 
C) Fifth Amendment due process clause does not apply to the states. 
D) police conduct shocked the conscience and violated due process. 
A) Fifth Amendment applies to the states. 
B) Fourth Amendment applies to the states. 
C) Fifth Amendment due process clause does not apply to the states. 
D) police conduct shocked the conscience and violated due process.

Question 17

The conflict over the fundamental fairness and incorporation doctrines were clear in Rochin v.California (1952).

Accepted Answer

A) True 
 B)False

Question 18

A motion for discovery asks the:

Accepted Answer

A) court to consider new evidence in the case. 
B) judge to investigate the opposing party's evidence. 
C) court to allow the defendant additional time to gather more evidence. 
D) court to order the opposing party to turn over information they have gathered to the party making the motion. 
A) court to consider new evidence in the case. 
B) judge to investigate the opposing party's evidence. 
C) court to allow the defendant additional time to gather more evidence. 
D) court to order the opposing party to turn over information they have gathered to the party making the motion.

Question 19

The U.S.Constitution is the highest authority in criminal procedure;it is what is called a court of
.

Accepted Answer

The answer of The U.S.Constitution is the highest authority in...

Question 20

The U.S.Supreme Court has used the due process clause of the Fifth Amendment to extend most of the protections in the Bill of Rights to state criminal proceedings.

Accepted Answer

A) True 
 B)False

The total incorporation doctrine:

The idea that due process guarantees fair procedures for deciding cases is called_________.

The Constitution always binds the government.

In order to claim a violation of the equal protection clause,a claimant must prove:

Most of the Bill of Rights' guarantees have now been made applicable to and binding on the states through the due process clause of the Fourteenth Amendment.

The Articles of Confederation were written by former British colonists in response to British tyranny.

The right to a speedy trial is guaranteed in the_________Amendment.

The U.S.Constitution:

Criminal procedure refers to the methods the government can use to:

The United States Supreme Court has no authority to interpret a state constitution as long as state constitutional provisions and the decisions interpreting them meet the standards set by the United States Constitution.

According to the_________,the U.S.Supreme Court's interpretation trumps the interpretation of all other courts,federal and local,and of Congress and all state and local legislatures.

The power of courts to declare laws and government actions unconstitutional is called_________.

The term "parallel rights" refers to:

The early Roman republic had virtually no safeguards for individuals against government power in its law of criminal procedure.

According to Justice William Brennan,by the 1970s,the incorporation doctrine had virtually no impact on law.

The Supreme Court in Rochin v.California,involving police officers who forced a stomach pumping in order to retrieve swallowed narcotics,held that the:

The conflict over the fundamental fairness and incorporation doctrines were clear in Rochin v.California (1952).

A motion for discovery asks the:

The U.S.Constitution is the highest authority in criminal procedure;it is what is called a court of .

The U.S.Supreme Court has used the due process clause of the Fifth Amendment to extend most of the protections in the Bill of Rights to state criminal proceedings.

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

Exam 2: Criminal Procedure and the Constitution

The total incorporation doctrine:

The idea that due process guarantees fair procedures for deciding cases is called_________.

The Constitution always binds the government.

In order to claim a violation of the equal protection clause,a claimant must prove:

Most of the Bill of Rights' guarantees have now been made applicable to and binding on the states through the due process clause of the Fourteenth Amendment.

The Articles of Confederation were written by former British colonists in response to British tyranny.

The right to a speedy trial is guaranteed in the_________Amendment.

The U.S.Constitution:

Criminal procedure refers to the methods the government can use to:

The United States Supreme Court has no authority to interpret a state constitution as long as state constitutional provisions and the decisions interpreting them meet the standards set by the United States Constitution.

According to the_________,the U.S.Supreme Court's interpretation trumps the interpretation of all other courts,federal and local,and of Congress and all state and local legislatures.

The power of courts to declare laws and government actions unconstitutional is called_________.

The term "parallel rights" refers to:

The early Roman republic had virtually no safeguards for individuals against government power in its law of criminal procedure.

According to Justice William Brennan,by the 1970s,the incorporation doctrine had virtually no impact on law.

The Supreme Court in Rochin v.California,involving police officers who forced a stomach pumping in order to retrieve swallowed narcotics,held that the:

The conflict over the fundamental fairness and incorporation doctrines were clear in Rochin v.California (1952).

A motion for discovery asks the:

The U.S.Constitution is the highest authority in criminal procedure;it is what is called a court of .

The U.S.Supreme Court has used the due process clause of the Fifth Amendment to extend most of the protections in the Bill of Rights to state criminal proceedings.

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