Exam 2: The Sources of Criminal Procedure

Prosecutors discretion is limited.

What is judicial review?

The U.S.Supreme Court traditionally acted in a very narrow, limited capacity so as to prevent itself from becoming or being seen as a "super legislator."

The U.S.currently operates under the incorporation doctrine of total incorporation plus.

The belief that the Supreme Court should decide on a case-by-case basis whether rights are fundamental to the concept of ordered liberty and therefore apply to the states is reflected in which of the following approaches to incorporation?

How can the due process model of criminal procedure be summarized?

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

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?

Which of the following U.S.Supreme Court cases was considered to be a small step toward recognizing that the Fourteenth Amendment protected individuals against abuse by state authorities?

Those supportive of total incorporation plus want the entire Bill of Rights applied to the states in addition to other rights not mentioned in the Constitution or the amendments.

______ in selective incorporation refers to the claim that states are free to design their own systems of criminal procedures in those areas that are not incorporated into the Fourteenth Amendment.

According to the ruling in Twining v.New Jersey, which reinforced the fundamental fairness approach to incorporation, a right must be ______ to be forced upon the states.

What is the primary source of criminal procedure in the United States?

A claim of discriminatory prosecution is known as "selective prosecution."

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

Explain the primary differences between the concepts of fundamental fairness and total incorporation.Give some of the pros and cons of each system.

The assumption on the part of the courts that prosecutors will just good "judgment and common sense" is known as the ______.

How can the crime control model of criminal procedure be summarized?

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

The Fifth Amendment has been only partially incorporated to the states.