Deck 8: Concepts of Criminal Procedure

Question 1

If police violate someone's Fourth Amendment rights by conducting an illegal search and seizure, the evidence seized is:

A) Likely to convict the person
B) Likely to be inadmissible at trial
C) Likely to fall under the exclusionary rule
D) Both C and D

Answer 1

D

Question 2

Rawls asserts that criminal trials in the U.S. are:

A) Imperfect procedural justice
B) Perfect procedural justice
C) Pure procedural justice
D) Substantive due process

Answer 2

A

Question 3

Rawls points out that, in the U.S., legal doctrines often interfere with the accuracy in fact-finding required of perfect procedural justice. This means the U.S. does not have:

A) Imperfect procedural justice
B) Perfect procedural justice
C) Pure procedural justice
D) Substantive due process

Answer 3

B

Question 4

In this type of justice, playing by a set of predetermined, mutually agreed upon, fair rules is what is important.

A) Imperfect procedural justice
B) Perfect procedural justice
C) Pure procedural justice
D) Substantive due process

Question 5

There are problems with the participation model. An example of a problem are:

A) Not all parties can participate equally
B) Racial, ethnic, gender, or sexuality stereotypes and prejudices can affect decisions made by judges and jurors
C) The need for accuracy must play a more prominent role than it does in participation model
D) All of the above

Question 6

What broad principle(s) can be identified, based on a review of the different theoretical perspectives on procedural justice?

A) Accuracy does not really matter
B) Accuracy is the only important goal of the system
C) Accuracy and other principles, like dignity and respect for people and their rights, must also be taken into account
D) All of the above

Question 7

John Thibaut and Laurens Walker argue that:

A) Participants in the justice system are only concerned with criminals being convicted
B) Participants in the justice system were most concerned with whether the processes were fair
C) Participants in the justice system were never pleased with the outcome of trials
D) All of the above

Question 8

A person's perception of whether a decision-making process was fair depends on:

A) Whether people were treated with dignity
B) Whether people had an opportunity to state their case
C) Whether the authorities were seen as unbiased, honest, and principled
D) All of the above

Question 9

A person's perception of whether a decision-making process was fair depends on several attributes. One attributes is whether people had an opportunity to state their case. This is known as:

A) Neutrality
B) Voice
C) Trustworthiness
D) Kindness

Question 10

A person's perception of whether a decision-making process was fair depends on several attributes. One attributes is whether the authorities were seen as benevolent and caring. This is known as:

A) Neutrality
B) Voice
C) Trustworthiness
D) Kindness

Question 11

A person's perception of whether a decision-making process was fair depends on several attributes. One attributes is whether the authorities were seen as unbiased, honest, and principled. This is known as:

A) Neutrality
B) Voice
C) Trustworthiness
D) Kindness

Question 12

According to the research of Tyler and Maiese, which of the following are included in the four conditions for the criminal justice system to be viewed as fair?

A) That legal processes were consistently applied
B) That legal processes were adjudicated by impartial/neutral people
C) That legal processes were participatory, meaning that those affected by the decisions have both "voice" and representation
D) All of the above

Question 13

Maiese added a fourth criterion to the research of Tyler on fairness in the justice system. What was it?

A) It required that the processes must be transparent
B) That legal processes were consistently applied
C) That legal processes were adjudicated by impartial/neutral people
D) That legal processes were participatory, meaning that those affected by the decisions have both "voice" and representation.

Question 14

Do most scholars think that following only the four criteria of Tyler and Maiese is enough to create legitimacy in law?

A) Yes
B) No
C) Sometimes
D) It is unknown

Question 15

What do most scholars feel is needed in addition to Tyler and Maiese's four criteria in order to make criminal justice more legitimate?

A) Tougher laws
B) Laws must comply with certain values, such as human dignity, liberty, and equality
C) There is nothing else needed
D) All of the above

Question 16

Traffic court judges sometimes minimize the time it takes to adjudicate cases. They ask if the defendants would be willing to plead guilty in exchange for a reduced fine, the minimum court costs, and perhaps even the reduction or dismissal of driving points. This is an example of:

A) Crime Control Model
B) Due Process Model
C) The Participation Model
D) The Accuracy Model

Question 17

This model assumes that a person's freedom is paramount and that there must be conclusive evidence of guilt, supported by valid and reliable information, before a person can be punished. It is:

A) Crime Control Model
B) Due Process Model
C) The Participation Model
D) The Accuracy Model

Question 18

This originated in the courts of England as a means of curbing the authority of the king.

A) Habeas corpus
B) Bill of attainder
C) Trial by jury
D) Ex post facto law

Question 19

This ensures that all accused persons will have their day in court, and that the court will hold all responsibility for determining whether or not persons are guilty, based on evidence introduced at trial.

A) Habeas corpus
B) Ex post facto law
C) Bill of attainder
D) Trial by jury

Question 20

You went swimming on Monday. Then, on Tuesday, a law went into effect criminalizing swimming. This would prohibit your prosecution and/or punishment for having swum before there was a law against doing so.

A) Habeas corpus
B) Ex post facto law
C) Bill of attainder
D) Trial by jury

Question 21

Everyone has a right to trial by jury. The Supreme Court has ruled that this right does not apply to:

A) Petty crimes
B) Military tribunals
C) When the defendant has waived the right to a trial by jury
D) All of the above

Question 22

This is provided for by the first clause in the Fourth Amendment and prohibits unreasonable searches and seizures.

A) Reasonableness clause
B) Warrants clause
C) Exclusionary rule
D) All of the above

Question 23

This is provided for in the Fourth Amendment and specifies that warrants must be supported by probable cause, specify where a search is to take place, and describe with particularity who or what is to be seized.

A) Reasonableness clause
B) Warrants clause
C) Exclusionary rule
D) All of the above

Question 24

Exigent circumstances are those that would cause a reasonable person to believe that entry or other relevant prompt action was necessary to:

A) Prevent physical harm to the officers or other persons
B) Prevent the destruction of relevant evidence
C) Prevent the escape of a suspect
D) All of the above

Question 25

There are three important procedural justice rights contained in the Fifth Amendment. They include:

A) The right to indictment by grand jury
B) The right to be free from double jeopardy
C) The privilege against self-incrimination
D) All of the above

Question 26

Take as an example, someone lies down across the state border between Iowa and Nebraska so that he is simultaneously in both states. If he were shot to death at that moment, could both Iowa and Nebraska place the shooter on trial for murder?

A) No, it would violate the double jeopardy clause.
B) Yes, it would not violate the double jeopardy clause because each state could prosecute.
C) Maybe, it would depend on the grand jury's opinion.
D) No, he would be considered in the state his feet were in

Question 27

A person refuses to testify against himself at his own trial. This is legal due to:

A) Double jeopardy
B) Right to a grand jury
C) Privilege against self-incrimination
D) All of the above

Question 28

Police have to inform suspects of their rights before starting to interrogate someone who is in custody, in order to insure that suspects know of the privilege against self-incrimination. Where does this stem from?

A) The Supreme Court ruling Miranda v. Arizona
B) The Supreme Court ruling Arizona v. Evans
C) Right to a grand jury
D) Double jeopardy

Question 29

A trial in which the judge determines the verdict is called:

A) Trial by jury
B) Grand jury
C) Bench trial
D) Judgment

Question 30

Written notice is provided in a one of three types of a charging document. These include:

A) Indictments
B) Informations
C) Complaints
D) All of the above

Question 31

Which type of charging document is filed by prosecutors?

A) Indictments
B) Informations
C) Complaints
D) All of the above

Question 32

Which type of charging document is issued by a grand jury?

A) Indictments
B) Informations
C) Complaints
D) All of the above

Question 33

Which type of charging document is signed and sworn by a police officer or victim of a crime?

A) Indictments
B) Informations
C) Complaints
D) All of the above

Question 34

At the time the Sixth Amendment was adopted, the right to counsel clause was included to insure that people who could afford to hire lawyers were free to do so. Over time, it has evolved to ensure:

A) That the rich are able to afford better lawyers
B) That people who cannot afford to hire their own attorney must be provided with one, free of charge
C) That defendants are guaranteed the effective assistance of counsel
D) Both B and C

Question 35

Requiring proof beyond a reasonable doubt for criminal convictions is grounded in:

A) Effective assistance of counsel
B) Equal Protection Clause
C) Due Process Clause
D) Confrontation Clause

Question 36

The government may not discriminate based on characteristics like race, ethnicity, and religion. This is protected by:

A) Effective assistance of counsel
B) Equal Protection Clause
C) Due Process Clause
D) Confrontation Clause

Question 37

The Supreme Court has interpreted the Sixth Amendment as guaranteeing:

A) Due Process Clause
B) Effective assistance of counsel
C) Confrontation Clause
D) Equal Protection

Question 38

A person is robbed while walking on a street. There is a witness, and that witness is required by the court order to appear in court at a specific date to provide sworn testimony in the case. What is the name of the court order that commands the witness to appear?

A) Subpoena
B) Due Process Clause
C) Confrontation Clause
D) All of the above

Question 39

This significantly limits the use of out-of-court statements by people who are not testifying at trial.

A) Subpoena
B) Due Process Clause
C) Confrontation Clause
D) All of the above

Question 40

Procedural justice is grounded in the idea that fair procedures are the best guarantees for fair outcomes.

Question 41

Rawls argued that the U.S. system of justice is based on the accuracy model.

Question 42

A guilty person may go free because of the application of the exclusionary rule.

Question 43

One problem with the participation model is that those who can afford to hire experienced attorneys and authoritative expert witnesses might have an advantage in court over those who cannot afford to hire such people.

Question 44

In the participation model of pure procedural justice, fair procedures are always guaranteed to produce accurate and fair outcomes.

Question 45

When considering procedural justice, generally, accuracy is not a very important concern.

Question 46

When considering procedural justice, generally, accuracy is not the only important goal of the system.

Question 47

When considering procedural justice, generally, principles like dignity and respect for people and their rights, must also be taken into account.

Question 48

John Thibaut and Laurens Walker argued that the outcome of cases (who "wins" and who "loses") was not as important to the participants' satisfaction as were their perceptions regarding whether the processes were fair.

Question 49

A person's perception of whether a decision-making process was fair depends solely on the outcome.

Question 50

The extent to which decision-making processes are perceived as fair helps shape beliefs regarding the legitimacy of the legal authorities responsible for the decision.

Question 51

The perception that legal authorities have legitimacy enhances the sense that the authorities are entitled to be obeyed.

Question 52

Legitimacy in criminal justice comes only if procedural justice exists and if participants perceive the process as fair.

Question 53

Procedural justice is a necessary component to law's legitimacy, but it is not enough.

Question 54

Proponents of the Crime Control Model believe there is no possibility that some of those accused of criminal activity are in fact not guilty.

Question 55

In the Crime Control Model, the focus is to get the offender through the criminal justice process as quickly and efficiently as possible.

Question 56

If the Crime Control Model is assembly-line justice, the Due Process Model is obstacle-course justice.

Question 57

The U.S. Constitution, comprised of a Preamble and seven Articles, was originally adopted in 1787.

Question 58

The Bill of Attainder is an important form of procedural justice because it provides the mechanism to challenge unlawful incarcerations.

Question 59

Making sure offenders have the opportunity to know that their behavior was criminalized is not a prerequisite for fairness.

Question 60

The Constitution guarantees that trials for all federal crimes, other than impeachment trials, shall be by jury.

Question 61

The Fourth Amendment originally applied only to the federal government.

Question 62

If the grand jury concludes that there is insufficient evidence to make someone stand trial on felony charges, they can refuse to issue an indictment, a process sometimes referred to as issuing a "no bill."

Question 63

The Fourth Amendment generally applies only to governmental actors (such as the police), but not private citizens.

Question 64

All states use a grand jury system.

Question 65

At a preliminary hearing, similar to a grand jury, if a judge finds probable cause, the case proceeds; if not, the process stops and there is no trial.

Question 66

Someone acquitted of homicide charges in criminal court can still be sued for wrongful death in civil court, which uses a lower burden of proof.

Question 67

A testimonial communication occurs when persons disclose information, verbally or in writing.

Question 68

Miranda rights have to be read to someone upon arrest.

Question 69

Valid waivers occur when people knowingly, intelligently, and voluntarily give up their constitutional rights.

Question 70

The right to trial-by-jury only exists when a defendant is facing jail time of six months or more.

Question 71

Witnesses must provide testimony in open court and be subject to cross-examination.

Question 72

At the time the Sixth Amendment was adopted, the right to counsel clause was included to insure that people who could afford to hire lawyers were free to do so.

Question 73

Arguably, no other provision in the U.S. Constitution is more important to procedural justice than the Fourteenth Amendment, in light of its guarantees of due process and equal protection.

Question 74

Procedural justice is not concerned about the ways in which laws are enforced.

Question 75

The U.S. Constitution is what ultimately sets the minimum requirements for procedural justice.

Question 76

Cross-examination is the principal means by which the believability of a witness and the truth of his testimony are tested.

Question 77

No other provision in the U.S. Constitution is more important to procedural justice than the Fourteenth Amendment, in light of its guarantees of due process and equal protection.

Question 78

Talk About:
-Effective assistance of counsel

Question 79

Talk About:
-Pure procedural justice

Question 80

Talk About:
-Substantive due process