Exam 2: The Sources of Criminal Procedure

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Each of the following amendments have been incorporated at least partially except which?

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

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Purpose, informal procedures, determination of guilt.

Justice Douglas's term "coextensive coverage" means that _____.

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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"?

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During which decade did the U.S. Supreme Court decidedly shift from the fundamental fairness doctrine to total incorporation?

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As a general rule, state constitutions _____.

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

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Explain the concern of retroactivity as it applies to Supreme Court rulings. What is the rule for retroactivity and why is it so important to the functioning of the court system?

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

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Those supporting extending the Bill or Rights to the states with additional rights, such as health care, are supporting which approach to incorporation?

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Which of the following is the primary source of criminal procedure?

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Striving for both efficiency and accuracy, which are the two competing models of criminal procedure?

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

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A person who favors a strong central government and who believes that government must extend as many rights and privileges as possible would most likely support which of the following approaches of incorporation?

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Which of the approaches to incorporation is being used in the United States today?

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As a general rule, a new U.S. Supreme Court decision applies only to those individuals whose cases are initiated after the rule has been passed.

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What is the presumption of regularity?

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Why was the Fourteenth Amendment added to the constitution?

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"Freestanding due process" is another term for which approach to incorporation?

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Why is equal protection of the law important?

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