Question 1

The ultimate source of American criminal procedure law is:

Accepted Answer

A) the U.S. Constitution. 
B) the federal rules of criminal procedure. 
C) the state constitutions. 
D) state court opinions. 
A) the U.S. Constitution. 
B) the federal rules of criminal procedure. 
C) the state constitutions. 
D) state court opinions.

Question 2

One interpretation of selective incorporation is that:

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 provisions 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 provisions 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 3

According to the _______________, SCOTUS's interpretation trumps the interpretation of all other courts (federal and local), of Congress, and of all state and local legislatures.

Accepted Answer

A) judiciary clause 
B) principle of judicial review 
C) supervisory power clause 
D) supreme review clause 
A) judiciary clause 
B) principle of judicial review 
C) supervisory power clause 
D) supreme review clause

Question 4

Two types of facts are relevant to criminal procedure cases: 
(1)acts by _______________ _______________ and
(2)the objective basis for those actions.

Accepted Answer

government

Question 5

From colonial times until the Civil War, criminal justice was solely the responsibility of:

Accepted Answer

A) sheriffs. 
B) citizens. 
C) legislatures. 
D) local governments. 
A) sheriffs. 
B) citizens. 
C) legislatures. 
D) local governments.

Question 6

What is the purpose of the case citation?

Accepted Answer

A) The citation identifies the source of materials quoted or relied upon. 
B) The citation identifies the winner of the case. 
C) The citation identifies the parties in the case. 
D) The citation provides the reasoning for the judgment. 
A) The citation identifies the source of materials quoted or relied upon. 
B) The citation identifies the winner of the case. 
C) The citation identifies the parties in the case. 
D) The citation provides the reasoning for the judgment.

Question 7

A concurring opinion is one that disagrees with the majority decision.

Accepted Answer

A) True 
 B)False

Question 8

The two landmark cases that began the federal government's gradual entry into state criminal justice were Powell v. Alabama (1932)and:

Accepted Answer

A) Miranda v. Arizona (1966). 
B) U.S. v. Armstrong (1996). 
C) Rochin v. California (1952). 
D) Brown v. Mississippi (1936). 
A) Miranda v. Arizona (1966). 
B) U.S. v. Armstrong (1996). 
C) Rochin v. California (1952). 
D) Brown v. Mississippi (1936).

Question 9

Which amendment to the Constitution forbids a government appeal of a verdict of "not guilty"?

Accepted Answer

A) the Sixth Amendment 
B) the Fourth Amendment 
C) the Fifth Amendment 
D) the Eighth Amendment 
A) the Sixth Amendment 
B) the Fourth Amendment 
C) the Fifth Amendment 
D) the Eighth Amendment

Question 10

Social science researchers agree that the criminal process rarely convicts the innocent and frees the guilty.

Accepted Answer

A) True 
 B)False

Question 11

In place of the _______________ _______________ doctrine, some on the Court argued for the incorporation doctrine.

Accepted Answer

fundamenta

Question 12

Justice _______________ was Chief Justice of the Supreme Court during the due process revolution.

Accepted Answer

The answer of Justice _______________ was Chief Justice of the...

Question 13

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

Accepted Answer

A) True 
 B)False

Question 14

Many colonial revolutionaries were committed to both fundamental law and government by the will of the people.

Accepted Answer

A) True 
 B)False

Question 15

The doctrine of stare decisis commands judges to follow precedents.

Accepted Answer

A) True 
 B)False

Question 16

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

Accepted Answer

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

Question 17

A law that is above the ordinary law created by legislatures is a called:

Accepted Answer

A) fundamental law. 
B) monarchy law. 
C) common law. 
D) civil law. 
A) fundamental law. 
B) monarchy law. 
C) common law. 
D) civil law.

Question 18

Explain the concepts of fundamental law and government by the will of the people. Why are these two ideas contradictory? How does SCOTUS uphold these two contradictory ideas?

Accepted Answer

​ The political, dualistic nature of SCO

Question 19

The due process revolution occurred:

Accepted Answer

A) during the sixteenth and seventeenth centuries. 
B) between 1781 and 1900. 
C) in the new era of crime control, between 1900 and 1960. 
D) between 1960 and 1969. 
A) during the sixteenth and seventeenth centuries. 
B) between 1781 and 1900. 
C) in the new era of crime control, between 1900 and 1960. 
D) between 1960 and 1969.

Question 20

Besides notification of charges against the accused, what is the other procedural element that is required to satisfy the definition of a "fair trial" under the fundamental fairness doctrine?

Accepted Answer

A) a hearing of the facts before sentencing 
B) the presence of effective defense counsel at trial 
C) timely sentencing upon conviction 
D) the right to appeal if found guilty 
A) a hearing of the facts before sentencing 
B) the presence of effective defense counsel at trial 
C) timely sentencing upon conviction 
D) the right to appeal if found guilty

The ultimate source of American criminal procedure law is:

One interpretation of selective incorporation is that:

According to the _______________, SCOTUS's interpretation trumps the interpretation of all other courts (federal and local), of Congress, and of all state and local legislatures.

Two types of facts are relevant to criminal procedure cases: (1)acts by _ _ and (2)the objective basis for those actions.

From colonial times until the Civil War, criminal justice was solely the responsibility of:

What is the purpose of the case citation?

A concurring opinion is one that disagrees with the majority decision.

The two landmark cases that began the federal government's gradual entry into state criminal justice were Powell v. Alabama (1932)and:

Which amendment to the Constitution forbids a government appeal of a verdict of "not guilty"?

Social science researchers agree that the criminal process rarely convicts the innocent and frees the guilty.

In place of the _ _ doctrine, some on the Court argued for the incorporation doctrine.

Justice _______________ was Chief Justice of the Supreme Court during the due process revolution.

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

Many colonial revolutionaries were committed to both fundamental law and government by the will of the people.

The doctrine of stare decisis commands judges to follow precedents.

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

A law that is above the ordinary law created by legislatures is a called:

Explain the concepts of fundamental law and government by the will of the people. Why are these two ideas contradictory? How does SCOTUS uphold these two contradictory ideas?

The due process revolution occurred:

Besides notification of charges against the accused, what is the other procedural element that is required to satisfy the definition of a "fair trial" under the fundamental fairness doctrine?

Searches and Seizures

Stop and Frisk

Seizure of Persons Arrest

Searches for Evidence

Special Needs Searches

Self Incrimination

Identification Procedures

Remedies for Constitutional Violations I the Exclusionary Rule

Constitutional Violations II Other Remedies Against Official Misconduct

Court Proceedings I Before Trial

Court Proceedings II Trial and Conviction

After Conviction Sentencing Appeals and Habeas Corpus

Criminal Procedure in Times of Crisis

Filters

Exam 2: Criminal Procedure and the Constitution

The ultimate source of American criminal procedure law is:

One interpretation of selective incorporation is that:

According to the _______________, SCOTUS's interpretation trumps the interpretation of all other courts (federal and local), of Congress, and of all state and local legislatures.

Two types of facts are relevant to criminal procedure cases: (1)acts by _______________ _______________ and (2)the objective basis for those actions.

From colonial times until the Civil War, criminal justice was solely the responsibility of:

What is the purpose of the case citation?

A concurring opinion is one that disagrees with the majority decision.

The two landmark cases that began the federal government's gradual entry into state criminal justice were Powell v. Alabama (1932)and:

Which amendment to the Constitution forbids a government appeal of a verdict of "not guilty"?

Social science researchers agree that the criminal process rarely convicts the innocent and frees the guilty.

In place of the _______________ _______________ doctrine, some on the Court argued for the incorporation doctrine.

Justice _______________ was Chief Justice of the Supreme Court during the due process revolution.

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

Many colonial revolutionaries were committed to both fundamental law and government by the will of the people.

The doctrine of stare decisis commands judges to follow precedents.

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

A law that is above the ordinary law created by legislatures is a called:

Explain the concepts of fundamental law and government by the will of the people. Why are these two ideas contradictory? How does SCOTUS uphold these two contradictory ideas?

The due process revolution occurred:

Besides notification of charges against the accused, what is the other procedural element that is required to satisfy the definition of a "fair trial" under the fundamental fairness doctrine?

Searches and Seizures

Stop and Frisk

Seizure of Persons Arrest

Searches for Evidence

Special Needs Searches

Self Incrimination

Identification Procedures

Remedies for Constitutional Violations I the Exclusionary Rule

Constitutional Violations II Other Remedies Against Official Misconduct

Court Proceedings I Before Trial

Court Proceedings II Trial and Conviction

After Conviction Sentencing Appeals and Habeas Corpus

Criminal Procedure in Times of Crisis

Filters

Two types of facts are relevant to criminal procedure cases: (1)acts by _ _ and (2)the objective basis for those actions.

In place of the _ _ doctrine, some on the Court argued for the incorporation doctrine.