Deck 2: The Sources of Criminal Procedure

Question 1

In which constitutional amendment is the Due Process Clause?

A)First
B)Ninth
C)Fourteenth
D)Seventeenth

Answer 1

C

Question 2

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

A)Protection against ex post facto laws
B)Protection against excessive bail
C)The right to habeas corpus
D)The right to a trial by jury

Answer 2

B

Question 3

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

A)Fundamental fairness
B)Total incorporation
C)Total incorporation plus
D)Selective incorporation

Answer 3

C

Question 4

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?

A)Fundamental fairness
B)Fundamental principles
C)Total incorporation
D)Total incorporation plus

Question 5

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

A)The U.S. Constitution
B)Statutes passed by the U.S. Congress
C)Judicial rulings
D)Common law

Question 6

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

A)Fundamental fairness
B)Total incorporation
C)Total incorporation plus
D)Selective incorporation

Question 7

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

A)1860s
B)1910s
C)1940s
D)1960s

Question 8

The test established in Rochin v. California is known as the _____ test.

A)"constitutional violation"
B)"violation-of-ethics"
C)"shocks-the-conscience"
D)"sum of the parts"

Question 9

A person who favors a strong central government yet supports only those rights clearly written in the Bill of Rights would most likely support which of the following approaches of incorporation?

A)Fundamental fairness
B)Fundamental principles
C)Total incorporation
D)Total incorporation plus

Question 10

Which of the following is the only crime mentioned by name in the U.S. Constitution?

A)Espionage
B)Treason
C)Sedition
D)Forgery

Question 11

The fundamental fairness approach to incorporation emphasizes that rights must be ensured that _____.

A)provide "equality for all"
B)preserve "liberty and fairness"
C)"level the playing field"
D)support the "infallibility of justice"

Question 12

As a general rule, state constitutions _____.

A)mirror the U.S. Constitution and grant additional rights
B)mirror the U.S. Constitution and remove certain rights
C)mirror the U.S. Constitution almost verbatim
D)have nothing to do with the U.S. Constitution

Question 13

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

A)Fundamental fairness
B)Total incorporation
C)Total incorporation plus
D)Selective incorporation

Question 14

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

A)The First Amendment
B)The Supremacy Clause
C)The Federalist Article
D)The Jefferson Addendum

Question 15

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.

A)"an immutable principle of justice"
B)"a God-given right"
C)"crucial to prevent deadly peril"
D)"a fundamental standard of procedure"

Question 16

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?

A)Fundamental fairness is unfair to ethnic minorities.
B)Fundamental fairness is unfair to women.
C)Fundamental fairness is too specific.
D)Fundamental fairness is too general.

Question 17

Which approach to incorporation focuses on the concept of "ordered liberty"?

A)Fundamental fairness
B)Total incorporation
C)Total incorporation plus
D)Selective incorporation

Question 18

A person who believes in the federalist notion of states' rights would most likely support which of the following approaches of incorporation?

A)Fundamental fairness
B)Fundamental principles
C)Total incorporation
D)Total incorporation plus

Question 19

Which of the following events in U.S. history served as a major turning point in the application of the Bill of Rights to the states?

A)The Boston Massacre
B)The Civil War
C)The Great Depression
D)The Civil Rights Movement

Question 20

Which of the following is not a set of rules or guidelines for criminal procedure?

A)The Model Code of Pre-Arraignment Procedure
B)The United States Attorney's Manual of the Department of Justice
C)The Standards for Criminal Justice
D)The Model Penal Code

Question 21

Which of the following is not a provision addressing criminal procedure that can be found in the constitution?

A)Habeas corpus
B)Treason
C)Jury trials
D)Stop and frisk

Question 22

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

Question 23

The assumption on the part of the courts that prosecutors will just good "judgment and common sense" is known as the _____.

A)Equal Protection Clause
B)presumption of regularity
C)right of discretion
D)principle of balance

Question 24

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

A)Discriminatory intent and actual malice by a preponderance of the evidence
B)Clear and convincing evidence of actual malice
C)Some evidence of discriminatory impact
D)Clear and convincing evidence of a discriminatory impact and discriminatory intent

Question 25

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

A)all of the rights in the Bill of Rights apply to the states
B)incorporated amendments apply equally to the state and federal governments
C)some amendments inherently apply to both state and federal governments
D)incorporated rights apply to all citizens regardless of race, age, or gender

Question 26

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?

A)Fundamental fairness
B)Total incorporation
C)Total incorporation plus
D)Selective incorporation

Question 27

The landmark case of Marbury v. Madison (1803) established the supremacy of the U.S. Constitution over state constitutions.

Question 28

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

A)Second
B)Third
C)Sixth
D)Eighth

Question 29

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"?

A)Marbury v. Madison
B)Madison v. United States
C)Marshall v. Madison
D)Brown v. Board of Education

Question 30

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.

Question 31

To settle concerns over how the courts deal with past cases once a new rule has been decided by the U.S. Supreme Court, the courts apply the _____.

A)ex post facto rule
B)previous docket rule
C)retroactivity rule
D)former cases doctrine

Question 32

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.

Question 33

According to the fundamental fairness approach to incorporation, the Due Process Clause protects certain rights of citizens because they are in the Bill of Rights.

Question 34

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

Question 35

A law that criminalizes some act that was legal when it was committed is known as a habeas corpus law.

Question 36

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

A)Crime control and due process
B)Federalism and Jeffersonianism
C)Criminal courts and civil councils
D)Bill of Rights and states' rights

Question 37

Proponents of total incorporation emphasize the fundamental nature of the rights granted in the U.S. Constitution and the Bill of Rights.

Question 38

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."

Question 39

Why was the Fourteenth Amendment added to the constitution?

A)To establish the separate-but-equal policy in the United States
B)To establish that federal law took precedence over state law
C)To guarantee equal treatment and opportunity for African Americans
D)To guarantee women the right to vote

Question 40

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

Question 41

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

Question 42

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

Question 43

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.

Question 44

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.

Question 45

What is the presumption of regularity?

Question 46

Equal protection under the law is not found in the original U.S. Constitution due in large part to what common feature of life at the time?

Question 47

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

Question 48

What is meant by the constitutionalization of criminal procedure?

Question 49

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

Question 50

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

Question 51

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

Question 52

Explain the primary differences between the concepts of fundamental fairness and total incorporation. Give some of the pros and cons of each system.

Question 53

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?

Question 54

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

Question 55

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.

Question 56

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

Question 57

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

Question 58

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

Question 59

The first 10 amendments to the U.S. Constitution are known as the _____.

Question 60

Why is equal protection of the law important?