Deck 1: The Court System, Sources of Rights, and Fundamental Principles

Question 1

The search for the correct result essential to criminal procedure in a constitutional democracy means to:
I) convict the guilty.
II) plea bargain in weak cases.
III) search for truth at any cost.
IV) acquit the innocent.

A) I, II, III, IV
B) I, II, III
C) I
D) I, IV

Answer 1

D

Question 2

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.

Answer 2

C

Question 3

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.

Answer 3

D

Question 4

The correct result in a criminal case is concerned with:
I) catching and convicting the guilty.
II) processing a case as efficiently as possible.
III) freeing innocent people caught up in government efforts to control crime.
IV) making sure the result is affirmed on appeal.

A) I,II,III, IV
B) I,III
C) I, II, IV
D) II, III, IV

Question 5

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 6

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

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

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

How a court disposes of a case is called:

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

Question 9

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

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

Question 10

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 anyone completely.
C) usually leads to an emphasis on community security.
D) requires the court to find in favor of the individual.

Question 11

The "means" side of the end-means balance:

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

Question 12

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:

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

Question 13

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 14

The main criticism of the Warren Court was that:
I) the Court paid too little attention to criminal matters.
II) the Court tilted the balance of power toward process so far that it favored defendants too much.
III) the Court expanded the government's power too much in criminal cases.
IV) the Court was too concerned about federalism.

A) I, II, III, IV
B) II
C) I, IV
D) III

Question 15

The citation of a case tells:
I) the date the case is decided
II) the decision the court reached
III) the court reporting the case
IV) the court that the case is appealed from.

A) III
B) I, III
C) I, II, III, IV
D) II, III, IV

Question 16

In a constitutional democracy:

A) the majority could authorize the police to arrest an individual based on the hunch he or 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 17

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

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

Question 18

Courts explain why they decided a particular case the way it did in:

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

Question 19

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 20

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.

Question 21

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 22

The party who is being appealed against is known as:

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

Question 23

A petition for a writ of habeas corpus:
I) is a continuation of the original criminal case.
II) is a civil case.
III) reviews the constitutionality of a petitioner's detention.
IV) is another form of appeal.

A) I, III
B) III, IV
C) II, III
D) IV

Question 24

The disposition in a criminal case when the appellate court sends a case back to the court from which it came for further action is:

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

Question 25

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:

A) dissenting opinion.
B) plurality opinion.
C) concurring opinion.
D) holding.

Question 26

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 United States Supreme Court.

Question 27

The court's holding:

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

Question 28

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

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

Question 29

In habeas corpus actions:
I) the petitioner names the state as a party.
II) the government sues an incarcerated or detained prisoner.
III) the title of the case has names of individual parties and not the state or government.
IV) the court is a party to the petition.

A) I, II
B) III
C) IV
D) III, IV

Question 30

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) what the Chief Justice wants.

Question 31

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 32

When courts decide cases based on legal precedent, their decisions increase society's sense of:
I) stability.
II) predictability.
III) a sense of fairness.
IV) discretion.

A) I, II, II, IV
B) I, II, III
C) I, II
D) I

Question 33

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

Question 34

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 35

Jurisdiction refers to a court's authority to hear and decide a case:
I) in a specific geographical area.
II) in a particular subject matter.
III) according to legal precedent.
IV) remanded by an appellate court.

A) I, II
B) I
C) II
D) I, II, IV

Question 36

In the U.S. Supreme Court, certiorari:
I) is discretionary.
II) does not require the court to hear the appeal.
III) is usually granted because a case raises an important constitutional issue affecting large numbers of individuals.
IV) is usually granted to prevent punishment of the innocent.

A) III
B) I, II
C) I, II, III
D) I, II, III, IV

Question 37

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 38

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

Question 39

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

Question 40

Say that an appellate court case has a majority of the justices agree with the result in the case, but they cannot agree on the reasons for the result. The opinion with the reasoning agreed to by the largest number of justices is called a:

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

Question 41

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

Question 42

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

Question 43

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

Question 44

The due process revolution was led by the Burger Court.

Question 45

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

Question 46

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

Question 47

The citation of a case appears after ______________.

Question 48

Under the Constitution, public officials are required to have enough facts to back up every invasion of privacy, liberty, and property of individuals. This is known as a(n) ____________ .

Question 49

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

Question 50

The greater the limit government imposes on the rights of an individual to come and go,
the greater and the more facts needed to justify the limitation.

Question 51

The _______________ court opinion is considered the law.

Question 52

Evidence that helps prove defendants are guilty is sometimes called ______________________.

Question 53

_________ and social science research helps produce a clearer picture of the real world judgments criminal justice officials make as well as defendants and suspects and how those decisions impact the balance between public safety and the liberty of the individual person.

Question 54

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

Question 55

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

Question 56

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

Question 57

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

Question 58

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 59

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

Question 60

In habeas corpus or collateral attack proceedings, you will find two person's names in the title of the case.

Question 61

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

Question 62

Describe how our system tries to strike a balance between ends and means. Describe the controversy this creates.

Question 63

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

Question 64

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

Question 65

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