Deck 2: Criminal Procedure and the Constitution

Question 1

The U.S.Constitution:

A)sets minimum national constitutional standards.
B)sets the highest possible constitutional standards,but only for the federal government.
C)sets the highest possible constitutional standards,both for state and national governments.
D)prescribes detailed rules for police officers to follow when arresting citizens.

Answer 1

A

Question 2

The sources of American criminal procedure law include:

A)the U.S.Constitution.
B)federal rules of criminal procedure and state court opinions.
C)U.S.Supreme Court decisions and federal rules of criminal procedure.
D)the U.S.Constitution,U.S.Supreme Court decisions,federal rules of criminal procedure,and state court opinions.

Answer 2

D

Question 3

In Hurtado v.California the defendant complained that his Fifth Amendment rights were violated because he was not properly indicted by a grand jury.The Supreme Court ruled against him because:

A)his crime wasn't a capital or otherwise infamous crime.
B)California,unlike the federal government,could use an information rather than a grand jury indictment to charge Hurtado.
C)he confessed,so due process was irrelevant.
D)the California grand jury had properly indicted him.

Answer 3

B

Question 4

The Fourteenth Amendment:

A)was enacted after the Civil War and helped establish federal supremacy over states' rights.
B)contains a due process clause.
C)embodied the idea that all are entitled to equal rights.
D)was enacted after the Civil War,helped establish federal supremacy over states' rights,embodied the idea that all are entitled to equal rights,and contains a due process clause.

Question 5

The term "due process revolution" refers to the:

A)Supreme Court's expansion of individual rights in the 1960s.
B)civil unrest that swept the U.S.in the 1960s.
C)passage of the Fourteenth Amendment.
D)adoption of the fundamental fairness doctrine by the Court in the 1930s.

Question 6

A decision of the U.S.Supreme Court that is based on an interpretation of a provision of the U.S.Constitution is binding on:

A)all lower federal courts only.
B)state courts only.
C)both state courts and lower federal courts.
D)all other U.S.courts,but only for the next twenty years.

Question 7

The Sixth Amendment guarantees which of the following?

A)The right to be free from unreasonable searches.
B)The right against double jeopardy.
C)The right to an impartial jury.
D)The right to due process of law.

Question 8

According to the_________,the U.S.Supreme Court's interpretation trumps the interpretation of all other courts,federal and local,and of Congress and all state and local legislatures.

A)Supremacy clause
B)Principle of judicial review
C)Supervisory power clause
D)Supreme review clause

Question 9

The U.S.Supreme Court has the power to manage how the lower federal courts conduct their business.This is called the Court's:

A)power of judicial review.
B)due process standard.
C)supreme power.
D)supervisory power.

Question 10

In Hurtado v.California (1884),involving the murder by Hurtado of his wife's lover,the Supreme Court ruled that the Fourteenth Amendment due process clause:

A)requires jury trials in all state courts.
B)requires states to provide a grand jury indictment in capital cases.
C)does not forbid states to use the death penalty because it does not define defendants of a "fundamental right" in capital cases.
D)does not require states to provide a grand jury indictment in capital cases.

Question 11

The fundamental fairness doctrine of due process requires states to provide:

A)notice to defendants of the charges against them,an attorney at state expense if they cannot afford one,and a hearing on the facts before conviction and punishment.
B)notice to defendants of the charges against them and hearing on the facts before conviction and punishment.
C)a grand jury proceeding only.
D)notice to defendants of the charges against them,a grand jury proceeding,and a hearing on the facts before conviction and punishment.

Question 12

According to your text,which of the following subjects is not a primary object of study in a criminal procedure course?

A)Equal protection of the law
B)Criminal law
C)Procedural due process
D)Fundamental fairness

Question 13

The term "parallel rights" refers to:

A)rights guaranteed by a state constitution that are similar to the rights guaranteed by the U.S.Constitution.
B)rights guaranteed by a state constitution that include rights not guaranteed by the U.S.Constitution.
C)rights guaranteed by state statute that are similar to the rights included in the state constitution.
D)state rights that have been replaced by federal rights.

Question 14

The due process revolution occurred:

A)during the 16th and 17th centuries.
B)between 1781 and 1900.
C)in the new era of crime control between 1900 and 1960.
D)between 1960 and 1969.

Question 15

According to the Supreme Court in Powell v.Alabama,the famous "Scottsboro Case" of 1932 involving several black youths accused of raping two white girls on a train:

A)the entire Bill of Rights applies to state criminal procedure.
B)the due process clause requires states to follow all of the federal government's rules of criminal procedure.
C)all criminal defendants are entitled to a lawyer in every criminal case free of charge.
D)in the severe circumstances of this case,the state was required under the federal Constitution to provide counsel for the defendants.

Question 16

Which of the following is NOT a source of criminal procedural law?

A)State court opinions
B)Model Code of Pre-Arraignment Procedure
C)Administrative agency regulations
D)State rules of criminal procedure

Question 17

The First World War and the rise of fascism:

A)gave rise to a stronger faith in government in America.
B)had little or no effect on American criminal procedure.
C)led to calls for the abolition of the Fourteenth Amendment.
D)revived traditional American fears of arbitrary government.

Question 18

Criminal procedure refers to the methods the government can use to:

A)investigate criminals.
B)investigate and prosecute criminals.
C)investigate,prosecute,and convict criminals.
D)investigate,prosecute,convict,and punish criminals.

Question 19

The Supremacy Clause of the U.S.Constitution:

A)explicitly provides for judicial review.
B)vests final government authority in the U.S.Constitution.
C)only applies to the federal government.
D)does not apply to state court decisions.

Question 20

With respect to the Fourteenth Amendment due process clause:

A)the Supreme court has defined it differently over time.
B)it applied initially to the federal government only.
C)courts did not extend its protection to state criminal justice during the 20th century.
D)due process is synonymous with equal protection.

Question 21

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?

A)Excessive bail
B)Double jeopardy
C)Fundamental fairness
D)Ineffective counsel

Question 22

Selective incorporation means:

A)the state legislatures can select which provisions in the Bill of Rights to incorporate.
B)only some of the Bill of Rights 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 23

In Mapp v.Ohio (1961)the court articulated:

A)the right of self-incrimination.
B)the exclusionary rule applied to state searches and seizures.
C)the right to assistance of counsel.
D)the right to a speedy trial.

Question 24

The "presumption of regularity" posits that:

A)most people who claim a violation of the equal protection clause have been discriminated against.
B)most people who allege due process violations have been harmed.
C)there is a set of due process requirements that apply in regular criminal cases.
D)government actions are presumed lawful unless there is clear evidence to the contrary.

Question 25

The Constitution always binds the government.

Question 26

Criticism of the incorporation doctrine is particularly harsh when the national standards established in the incorporation doctrine are applied to:

A)local police.
B)local prosecutors.
C)state supreme courts.
D)federal law enforcement agencies.

Question 27

The United States Supreme Court 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.

Question 28

The presumption of_________assumes that the government is acting lawfully unless there is clear evidence to the contrary.

A)regularity
B)infallibility
C)enforceability
D)innocence

Question 29

Besides notification of charges against the accused,what is the other procedural element that was required to satisfy the definition of a 'fair trial' under the Fundamental Fairness Doctrine?

A)Hearing of the facts before sentencing.
B)Presence of effective defense counsel at trial
C)Timely sentencing upon conviction
D)Right to appeal if found guilty

Question 30

Although he concurred with the result in Rochin v.California,Justice Black disagreed with the majority's approach to deciding what constitutes due process because he felt:

A)that the conviction should have stood.
B)the majority's approach gave individual justices too much leeway to enforce their own notions of justice on the states.
C)it was too rigid and unbending.
D)the Court had no business reviewing state court convictions.

Question 31

In which case did the court say that regarding selective enforcement of drug laws the majority of elevated penalties fall on Blacks while the majority of users were white?

A)Miranda v Arizona
B)Terry v Ohio
C)U.S.v Armstrong
D)U.S.v Weeks

Question 32

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

Question 33

A motion for discovery asks the:

A)court to consider new evidence in the case.
B)judge to investigate the opposing party's evidence.
C)court to allow the defendant additional time to gather more evidence.
D)court to order the opposing party to turn over information they have gathered to the party making the motion.

Question 34

Constitutionalism assumes which of the following statements to be TRUE?

A)Laws and constitutions are both considered to be sets of guidelines for behavior.
B)Constitutions can never be changed under any circumstances once created.
C)The constitution is never considered to be binding on the government in any way.
D)Constitutions embody the core values and collective will of the people.

Question 35

The Constitution is a different type of document than a statute,because it expresses the will of the people as a whole.

Question 36

The Supreme Court in Rochin v.California,involving police officers who forced a stomach pumping in order to retrieve swallowed narcotics,held that the:

A)Fifth Amendment applies to the states.
B)Fourth Amendment applies to the states.
C)Fifth Amendment due process clause does not apply to the states.
D)police conduct shocked the conscience and violated due process.

Question 37

Criminal procedures are the rules government must follow in enforcing the criminal law.

Question 38

The total incorporation doctrine:

A)leaves the states more freedom to determine their own procedures than the fundamental fairness doctrine.
B)means that the equal protection clause incorporates the provisions in all of the Bill of Rights relating to criminal procedure.
C)would incorporate in total those rights in the Bill of Rights that are "implicit in the concept of ordered liberty."
D)means that the due process clause of the Fourteenth Amendment incorporates the provisions in all of the Bill of Rights relating to criminal procedure.

Question 39

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

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

Question 40

The Eighth Amendment guarantees which of the following?

A)The right to be free from unreasonable searches.
B)The right against double jeopardy.
C)The right to an impartial jury.
D)The right against cruel and unusual punishment.

Question 41

Equal protection of the law means that states must treat everybody alike.

Question 42

The final authority on interpreting the U.S.Constitution is the U.S._________.

Question 43

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

Question 44

The idea that due process guarantees fair procedures for deciding cases is called_________.

Question 45

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

Question 46

The conflict over the fundamental fairness and incorporation doctrines were clear in Rochin v.California (1952).

Question 47

Most of the Bill of Rights' guarantees have now been made applicable to and binding on the states through the
due process clause of the Fourteenth Amendment.

Question 48

According to the Fundamental Fairness Doctrine,due process is a general command,requiring states to provide the rudiments of a fair trial.

Question 49

The U.S.Supreme Court has used the due process clause of the Fifth Amendment to extend most of the protections in the Bill of Rights to state criminal proceedings.

Question 50

Rights every state guarantees its citizens similar to those in the United States Constitution and Bill of Rights are referred to as_________rights.

Question 51

In place of the fundamental fairness doctrine,some on the Court argued for the_________doctrine.

Question 52

The right to a speedy trial is guaranteed in the_________Amendment.

Question 53

Detailed,constantly changing rules passed by legislatures are called_________.

Question 54

The early Roman republic had virtually no safeguards for individuals against government power in its law of criminal procedure.

Question 55

The total incorporation doctrine has been accepted by the majority of the Supreme Court.

Question 56

According to Justice William Brennan,by the 1970s,the incorporation doctrine had virtually no impact on law.

Question 57

The right against cruel and unusual punishment is guaranteed by the_________Amendment.

Question 58

The U.S.Constitution is the highest authority in criminal procedure;it is what is called a court of
.

Question 59

Final government authority rests in the U.S.Constitution by virtue of the_________.

Question 60

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

Question 61

Summarize the controversy generated by the U.S.Supreme Court's 1960s incorporation decisions.

Question 62

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

Question 63

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