Exam 1: Fundamentals of Criminal Procedure

Our legal system regards crimes as offenses not just against individual victims, but against society as a whole.

As most new states came into the Union, generally their legislatures adopted _________ incorporating the common law to the extent that it did not conflict with the federal or their respective state constitutions.

Before approving a plea bargain, it is the trial judge's responsibility to determine ________.

Completion: -The conditional release of a convicted criminal in lieu of incarceration is known as ___________.

Congress has passed a law making it a crime for a person who does not have automobile liability insurance to operate a motor vehicle anywhere in the United States. The penalty for violating the statute is a fine of $1000 and/or a term of incarceration of thirty days. A group of citizens and several state governments have brought suit to challenge the constitutionality of this statute. -Which constitutional principle is involved in this hypothetical case?

The reasonable doubt standard that applies to criminal prosecutions differs markedly from the ______________ standard that applies to civil cases.

The most important constitutional principle relative to criminal procedure is "due process of law."

An overview of the American system of criminal justice suggests fundamental constitutional principles, which include all of the following except ________________.

Appellate courts perform an error correction function, but they do not perform a lawmaking function.

The Supreme Court has struck down the practice of plea bargaining because it violates due process of law.

"Decisional law" is the body of law developed by appellate courts.

Completion: -Criminal law distinguishes between serious crimes, known as felonies, and less serious offenses, called ____________.

Congress has passed a law making it a crime for a person who does not have automobile liability insurance to operate a motor vehicle anywhere in the United States. The penalty for violating the statute is a fine of $1000 and/or a term of incarceration of thirty days. A group of citizens and several state governments have brought suit to challenge the constitutionality of this statute. -Federal courts have the authority to rule on the __________ of federal criminal prohibitions.

Article III, Section 3 of the U.S. Constitution defines the crime of ____________.

The Bill of Rights was adopted by Congress prior to the ratification of the Constitution.

Completion: -The Model Penal Code was developed by the __________________.

In early days of the American republic, ___________ became something of a "legal bible."

Critical Thinking: After drinking a six-pack of beer with friends on Halloween night, Taylor Brady is seen throwing rocks at a car belonging to Carson Pullman, a neighbor with whom Brady has had disagreements in the past. The police are called to the scene and, after questioning Brady and several witnesses, take Brady into custody. At the station house, they administer a blood alcohol test, which indicates that Brady's blood alcohol level is .09%. Taylor is charged with public intoxication. -Taylor Brady also can be charged criminally with:

Which of the following statements is INCORRECT?

Congress has passed a law making it a crime for a person who does not have automobile liability insurance to operate a motor vehicle anywhere in the United States. The penalty for violating the statute is a fine of $1000 and/or a term of incarceration of thirty days. A group of citizens and several state governments have brought suit to challenge the constitutionality of this statute. -The criminal law being challenged in this hypothetical case is an example of: