Deck 1: Crime Control in a Constitutional Democracy

Question 1

According to the text,a vast majority of citizens never go further than which of the following legs of the criminal procedure road map?

A)Public places
B)Police stations
C)Prosecutor's offices
D)Trial courts

Answer 1

A

Question 2

Judgments made by professionals based on their training and experience and unwritten rules are known as:

A)formal decision making.
B)discretionary decision making.
C)applying the written rules in a flexible manner.
D)official discretion.

Answer 2

B

Question 3

The citation of a case includes what information?

A)The court reporting the case.
B)The date the case is decided and the court reporting the case.
C)The date the case is decided,the decision the court reached,the court reporting the case,and the court that the case is appealed from.
D)The decision the court reached,the court reporting the case,and the court that the case is appealed from.

Answer 3

B

Question 4

The procedural history of the case refers to the:

A)informal procedural steps the case has taken.
B)indictment phase of the case.
C)formal procedural steps the case has taken.
D)appeals portion of the case.

Question 5

According to legal experts,the primary generators of the rules to regulate the behavior of police,prosecutors,and others involved in the criminal process rests with the:

A)legislature.
B)President of the United States.
C)trial courts.
D)U.S.Supreme Court.

Question 6

The trend today in balancing results and means in criminal justice:

A)continues to be strongly in favor of individual rights by emphasizing process (means).
B)has shifted away from process to results.
C)is impossible to determine because the Supreme Court has not made it clear.
D)is equally poised between process (means)and results.

Question 7

Making decisions according to the law of criminal procedure as outlined in the Constitution,judicial opinions,laws and other written sources is called:

A)formal decision making.
B)informal decision making.
C)discretionary decision making.
D)playing by the rules.

Question 8

Hunches are never sufficient to guide decisions made by agents of crime control.This principle can be described as:

A)good evidence.
B)using the best methods.
C)the objective basis requirement.
D)discretionary decisions.

Question 9

The balance between society and individual and between ends and means is tested most seriously:

A)during wartime.
B)during depression.
C)during natural disasters.
D)during civil rights movements.

Question 10

The states are free to_________operating procedures established by the U.S.Supreme Court that apply to the administration of criminal justice.

A)lower or reduce the
B)ignore the
C)raise the minimum
D)raise the maximum

Question 11

In a constitutional democracy,when enforcing the criminal law:

A)officials are restricted by the law of criminal procedure.
B)officials are restricted by the legislature.
C)officials are restricted by popular opinion.
D)officials have wide latitude to decide what actions to take.

Question 12

Striking the balance between community security and individual autonomy:

A)is generally a straightforward process.
B)is often difficult and the balance that is struck may not satisfy any individual party completely.
C)usually leads to an emphasis on community security.
D)requires the court to find in favor of the individual.

Question 13

A brief description of the steps and judgments made by each court that has heard a case is called the:

A)courts' judgments.
B)courts' decisions.
C)courts' opinions.
D)procedural history of the case.

Question 14

Courts explain the rationale for the case decision in the:

A)judgment.
B)opinion.
C)decision.
D)facts.

Question 15

In a constitutional democracy:

A)the majority could authorize the police to arrest an individual based on the hunch that he/she committed a crime.
B)the majority has total power to determine how much authority the police have.
C)neither a single dictator nor an overwhelming majority of people have total power.
D)the power of police depends on which party won the most recent election.

Question 16

The "means" side of the end­means balance:

A)is committed towards fairness in dealing with defendants.
B)is devoted to giving government officials as much power possible.
C)is concerned that too many defendants go free on technicalities.
D)fosters the result side of the criminal justice process.

Question 17

The graduated objective basis requirement holds that the greater the limits the government places on an individual's autonomy,the:

A)more discretion the government agent must exercise.
B)less discretion the government agent must exercise.
C)more facts must back up the government's actions.
D)more facts must be close to proving guilt beyond a reasonable doubt.

Question 18

How a court disposes of a case is called the:

A)court's judgment.
B)court's opinion.
C)majority opinion.
D)case holding.

Question 19

The due process revolution in the 1960s:

A)emphasized the police power of the state to control individuals who were protesting the government's policies.
B)tilted the balance between results and means in criminal justice in favor of the state.
C)emphasized the needs of crime victims.
D)tilted the balance between results and means in criminal justice in favor of process (means)and individual rights.

Question 20

A_________opinion is NOT a type of opinion that can be issued by an appellate court,whether federal or state.

A)concurring
B)majority
C)plurality
D)judgment

Question 21

A petition for a writ of habeas corpus is:

A)a continuation of the original criminal case.
B)an appeals criminal case.
C)a civil case that reviews the constitutionality of a petitioner's detention.
D)another form of appeal.

Question 22

The court's holding is:

A)also called a judgment.
B)found in the case's procedural history.
C)the legal rule the court applied to the facts of the case.
D)the also called the majority opinion.

Question 23

The party who is being appealed against is known as the:

A)appellant.
B)petitioner.
C)plaintiff.
D)appellee.

Question 24

A case citation is composed of a string of letters and numbers.

Question 25

According to the interest in fact-finding and the search for truth,the greater the deprivation the decision imposes,the greater the factual foundation required to support it.

Question 26

A habeas corpus proceeding is not a separate proceeding from a defendant's criminal case.

Question 27

If a justice agrees with the decision reached in another opinion but writes a separate opinion explaining her own reasons for reaching that decision,she has written a_________opinion.

A)dissenting
B)plurality
C)concurring
D)reasoning

Question 28

If an appellate court case has a majority of the justices agreeing with the result in the case,but they cannot agree on the reasons for the result,the_________opinion is the opinion with the reasoning agreed to by the largest number of justices.

A)dissenting
B)plurality
C)majority
D)concurring

Question 29

In habeas corpus actions the:

A)petitioner names the state as a party.
B)title of the case has names of individual parties and not the state or government.
C)court is a party to the petition.
D)government sues an incarcerated or detained prisoner.

Question 30

An appellate court_________a trial court's judgment when it sets it aside.

A)reverses
B)affirms
C)remands
D)questions

Question 31

Jurisdiction refers to a court's authority to hear and decide a case:

A)in a specific geographical area and on a particular subject matter.
B)in a specific geographical area.
C)on a particular subject matter.
D)remanded by an appellate court and in a specific geographical area.

Question 32

When courts decide cases based on legal precedent,their decisions increase society's sense of:

A)discretion.
B)stability,predictability and fairness.
C)stability.
D)predictability.

Question 33

When a court refers to past cases to back up its reasons and decisions in the case currently before it,the prior decisions are called:

A)procedural history.
B)court opinions.
C)precedent.
D)majority judgments.

Question 34

In a criminal case,when the appellate court sends a case back to the court from which it came for further action,the disposition is referred to as:

A)affirmed.
B)remanded.
C)reversed.
D)nullified.

Question 35

If a defendant seeks to throw out evidence obtained by law enforcement officers during a search and seizure,and interrogation,or an identification procedure,this motion is hearing in a motion called a(n)_________hearing.

A)pretrial
B)appellate
C)suppression
D)habeas corpus

Question 36

The U.S.Supreme Court decides to review a case on a writ of certiorari based on:

A)the "rule of four."
B)a majority vote.
C)a unanimous vote.
D)the decision of the Chief Justice.

Question 37

Crime control in a constitutional democracy depends on the balance between searching for the correct result in criminal cases and the commitment to use fair procedures in pursuing criminals.

Question 38

When a court decides that a prior court decision does not apply to a current case because the facts of the previous case are different,the court is said to:

A)dispute the holding of the previous decision.
B)overturn legal precedent.
C)distinguish the previous case.
D)reverse the previous case.

Question 39

The doctrine of stare decisis binds judges to follow the prior decisions of:

A)their own court and courts superior to them in their jurisdiction.
B)any court in the same state of equal power.
C)any court in the United States.
D)only the U.S.Supreme Court.

Question 40

A majority of U.S.Supreme Court justices have to vote to review a case before it can be heard.

Question 41

The power of a court to hear case in a particular subject or geographical area is its_________.

Question 42

When a court distinguishes a case,it decides that precedent does not apply to the current case because the facts of are different.

Question 43

Identify and describe the balance of values at the heart of our constitutional democracy and explain how and why that balance is flexible.

Question 44

The doctrine that requires that once courts have decided cases,those prior decisions bind later courts to follow them is_________.

Question 45

Evidence that helps prove defendants are guilty is sometimes called__________________.

Question 46

The greater the limits the government places on an individual's autonomy,the more facts must back up the government's actions.

Question 47

The process of informal decision making by professionals based on their training and experience,rather than written rules,is called_________.

Question 48

Motions to throw out evidence obtained by the government during searches and seizures,interrogation,and identification procedures are heard at a(n)_________.

Question 49

An opinion that agrees with the result of another opinion is a(n)_________opinion.

Question 50

How an appellate court disposes of a case is called its opinion.

Question 51

The balance between result and process never rests at a point that satisfies everyone.

Question 52

The citation of a case appears after the_________of the case.

Question 53

The due process revolution increased the power of the police in America.

Question 54

The criminal process is a blend of the formal law of criminal procedure and the informal influences that enter the process by way of discretion.

Question 55

The objective basis is also referred to as the quantum of proof.

Question 56

The_________court opinion is considered the law.

Question 57

One of the rules of procedure by which the U.S.Supreme Court operates is the "rule of four." According to this
rule,the Court issues a written decision in a case only if four or more justices think a written opinion is desirable.

Question 58

A_________is a defendant in a noncriminal case.

Question 59

The party appealing a lower court ruling or decision to a higher court is called the appellee.

Question 60

Discretion and formal law making are antagonistic to each other in balancing the interests in criminal procedure.

Question 61

Describe the history of criminal procedure,and explain why it is described as a pendulum swing.

Question 62

Who are the various actors and their roles in the "criminal justice road map?"

Question 63

Describe the difference between formal and informal criminal procedure,and explain why both are essential to crime control in our constitutional democracy.

Question 64

Explain why "hunches aren't enough" in criminal procedure.