Exam 2: Criminal Procedure and the Constitution

The "presumption of regularity" posits that:

Briefly trace the history of due process, from the adoption of the U.S. Constitution to the present.

What presumption assumes that the government is acting lawfully unless there is clear evidence to the contrary? What presumption assumes that the government is acting lawfully unless there is clear evidence to the contrary?

The fundamental fairness doctrine and the total incorporation doctrine are essentially the same.

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

State courts are a source of criminal law procedure in which of the following types of cases?

Criticism of the incorporation doctrine is that it targets all criminal justice agencies, but perhaps nothing generates more controversy than whether uniform standards ought to apply to:

Equality is deeply embedded in the concept of U.S. constitutionalism.

In Palko v. Connecticut (1937), what procedural issue is referenced by Justice Cardozo in his opinion concerning the applicability of the Bill of Rights to the states?

Summarize the differences among the fundamental fairness, total incorporation, and selective incorporation doctrines as they influence state criminal procedures.

The judgement in a case may also be called the:

A s tate's highest court is the _______________ authority in cases based on their own state constitutions and statutes.

The drafters of the Fourteenth Amendment left the definitions of due process and _______________ _______________.

A proceeding that addresses a motion to throw out evidence in a trial is called: ​

Court opinions refer to past cases to back up their reasoning and their decision in the present case. What are these prior decisions called?

Explain the impact of empirical evidence on judicial decision making.

Although it is the highest court in the land, SCOTUS depends on local courts and the police to apply its decisions to daily situations.

Some state constitutions provide rights not mentioned in the U.S. Constitution.

SCOTUS 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.

Identify the two elements individuals must prove to succeed in a claim that government denied them equal protection of the law.