Exam 2: The Sources of Criminal Procedure

The Fourteenth Amendment was drafted and passed primarily to grant citizenship and protection to former slaves.

Which of the following states that the U.S. Constitution and laws passed by the U.S. Congress eclipse state constitutions and state laws?

Which of the following was not addressed in the original U.S. Constitution (excluding the Bill of Rights)?

Name the four factors Tyler identifies that are crucial in determining whether people perceive that fair procedures are being employed in the criminal justice system.

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

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.

Which of the following is most likely to be a criticism leveled at the fundamental fairness doctrine by one who is supportive of total incorporation?

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.

In order for a defendant to make a successful claim of selective prosecution, what must he demonstrate?

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 process by which the Due Process Clause extended various constitutional rights to the states is known as federalization.

Explain the basic arguments for those on both sides of debate over the nationalization/constitutionalization of criminal procedure. Then pick one side of the argument and support it.

Courts assume prosecutors use good "judgment and common sense," following the presumption of _____.

Explain the three approaches to incorporation of the Bill of Rights.

For the courts to classify individuals based on religion, they must apply the concept of "absolute scrutiny."

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

Powell v. Alabama, also known as the Scottsboro Boys case, was a major turning point in the change of focus from fundamental fairness to total incorporation.

Those who emphasize those rights that are "essential to liberty" are typically supportive of which approach to incorporation?

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?

Which of the approaches of incorporation grants the states the most flexibility?