Exam 2: The Sources of Criminal Procedure

The Fourteenth Amendment was drafted and passed primarily to grant citizenship and protection to former slaves.

Retroactivity of judicial decisions refers to the impact of a decision announcing a "new rule" on other cases.

According to the authors, all of the following points should be kept in mind when discussing the fundamental rights approach to the Fourteenth Amendment and Due Process Clause except ______.

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

The verdict should be relatively quickly affirmed or overturned on appeal.

As a general rule, state constitutions ______.

Explain the three approaches to incorporation of the Bill of Rights.

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

Which of the approaches of incorporation grants the states the most flexibility?

The ______ Amendment protects against excessive bail and fines.

Explain selective prosecution and successful claims.

In order for a defendant to make a successful claim of selective prosecution, what must he demonstrate?

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.

What is discriminatory impact?

About one third of the states have laws giving detailed procedural instructions for essentially every step of the criminal justice process.

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?"

A law that criminalizes some act that was legal when it was committed is known as a habeas corpus law.

Discuss the importance of the U.S.Supreme Court in criminal law and procedure and the provisions afforded to by the U.S.Constitution.

The landmark case of Marbury v.Madison (1803) established the supremacy of the U.S.Constitution over state constitutions.

Powell v.Alabama, also known as the Scottsboro Boys case, was a major turning point in the change of focus from fundamental fairness to total incorporation.