Deck 1: An Introduction to Criminal Procedure

Question 1

Which of the following is the most common repercussion for a law enforcement officer who violates internal police regulations?

A)The officer will face criminal charges.
B)The officer will be sued civilly.
C)The officer will be removed from the agency.
D)The officer will face internal disciplinary measures.

Answer 1

D

Question 2

Which of the following designates which cases are heard by the federal courts and which are heard by the state courts?

A)The U.S. Supreme Court
B)The U.S. Congress
C)The state supreme courts
D)The U.S. Constitution

Answer 2

D

Question 3

The federal judicial system is best represented by a _____.

A)cube
B)sphere
C)hourglass
D)pyramid

Answer 3

D

Question 4

Which actor in the criminal justice system has the responsibility of deciding whether to formally charge a suspect?

A)The prosecution
B)The judge
C)The grand jury
D)The lead police investigator

Question 5

Which of the following is the standard by which the prosecution must prove guilt in a criminal trial?

A)Beyond all doubt
B)Beyond a reasonable doubt
C)By preponderance of the evidence
D)Beyond reasonable suspicion

Question 6

The U.S. Supreme Court derives its authority to create federal rules of criminal procedure from _____.

A)the president
B)the U.S. Congress
C)the U.S. Constitution
D)common law

Question 7

The concept of precedent, central to Supreme Court decision making, is based on which legal principle?

A)Ex post facto
B)Ad hoc facto
C)Deus ex machina
D)Stare decisis

Question 8

Which of the following best describes the criminal justice system objective of equality?

A)All defendants guilty of the same offense should receive equal punishment.
B)All defendants should receive the same quality of justice.
C)All defendants should receive the same quality of attorneys.
D)All defendants should receive equal time in court.

Question 9

Including the Federal Circuit Court of Appeals in Washington, D.C., there are _____ circuit courts in the United Sates.

A)Seven
B)Nine
C)Twelve
D)Thirteen

Question 10

Which of the following objectives of the criminal justice system best describes the idea that the guilty should be convicted and the innocent go free?

A)Accuracy
B)Respect
C)Fairness
D)Equality

Question 11

Which organization has the legal authority to interpret and apply the rules established in the U.S. Constitution?

A)The U.S. Congress
B)The U.S. Supreme Court
C)The U.S. president
D)State governors

Question 12

Warrants are obtained for all but which of the following purposes?

A)To search an area
B)To seize an item
C)To seize a person
D)To press charges

Question 13

A criminal trial not held before a jury is known as a/an _____.

A)petty trial
B)statutory trial
C)bench trial
D)unconstitutional trial

Question 14

Which of the following defines the factual elements of a criminal offense?

A)Substantive criminal law
B)Procedural criminal law
C)Substantive civil law
D)Procedural civil law

Question 15

Where must one look when the U.S. Supreme Court has yet to answer a question regarding the U.S. Constitution?

A)The U.S. Congress
B)State legislatures
C)Trial court judges
D)State supreme courts

Question 16

If the U.S. Supreme Court were to receive 5,000 petitions for certiorari, given past behavior of the Court, roughly how many cases would the Court be expected to hear?

A)5,000
B)2,500
C)1,000
D)100

Question 17

Which of the following is not a standard sentence following a criminal conviction?

A)Incarceration
B)Probation
C)Fines
D)Restitution

Question 18

What level of proof must be established for a police officer to make an arrest?

A)Beyond a reasonable doubt
B)Preponderance of the evidence
C)Probable cause
D)Reasonable suspicion

Question 19

Of all of the sources for American procedural law, which is the oldest?

A)The U.S. Constitution
B)State constitutions
C)Common law
D)Court rules

Question 20

Which of the following amendments to the U.S. Constitution do not address issues of criminal procedure?

A)First
B)Sixth
C)Eighth
D)Fourteenth

Question 21

When a prosecutor declines to prosecute a criminal defendant, what type of motion will he file?

A)An indictment
B)Nolle prosequi
C)Requests for production
D)Interrogatories

Question 22

Which of the following is not a standard method by which state court judges are selected?

A)Partisan popular elections
B)Nonpartisan popular elections
C)Election by the legislature
D)Election by judges

Question 23

At trial, for the vast majority of crimes, the prosecution must prove both criminal action and criminal intent.

Question 24

A decision is made by the State Supreme Court of New York, located in New York City. The precedent established by that court applies to _____.

A)New York City
B)New York state
C)the circuit in which New York is located
D)the entire country

Question 25

U.S. Supreme Court eras are typically named after _____.

A)the chief justice of that Court
B)the president(s) in office
C)the Court's political leaning
D)famous cases decided by that Court

Question 26

The defendant's right to a trial by a jury of his/her peers is absolute.

Question 27

Some U.S. Supreme Court justices have said that even though they personally oppose abortion and would overturn Roe v. Wade if given the opportunity, they would not outlaw abortion but leave that decision up to the states. This point of view is an example of _____.

A)judicial activism
B)judicial authority
C)judicial philosophy
D)judicial restraint

Question 28

In states that lack intermediate appellate courts, appeals are directed to the _____.

A)state supreme courts
B)district courts
C)circuit courts
D)U)S. Supreme Court

Question 29

State constitutions are allowed to remove some of the rights granted by the U.S. Constitution.

Question 30

Stare decisis literally means which of the following?

A)To stare into the sun
B)To stand decided with one's fellow judges
C)To stand by precedent and to stand by settled points
D)To look to the points of the North Star for judicial guidance

Question 31

Judges who believe in contextualism argue:

A)That the Constitution is a living document that should be interpreted to meet the needs of society.
B)That the context of a crime should be excluded from a criminal trial so as to ensure uniformity.
C)That the intent of the framers of the documents should guide our decision making today.
D)That judicial restraint is always favored over judicial activism.

Question 32

Most "common crimes," such as murder and robbery, are heard in the federal courts.

Question 33

It is important that both citizens and defendants alike should view the criminal justice process as fair and equitable.

Question 34

Which type of judicial opinion expresses a disagreement with the majority opinion?

A)Per curiam decision
B)Plurality opinion
C)Concurring opinion
D)Dissenting opinion

Question 35

The ability granted to police officers, prosecutors, judges, and juries to make independent decisions regarding the social interest in keeping a person in the criminal justice process is known as discretion.

Question 36

State constitutions are allowed to provide more rights than are granted by the U.S. Constitution.

Question 37

The federal courts and all 50 state courts require juries to produce unanimous verdicts.

Question 38

Magistrates may only conduct trials for misdemeanors when:

A)the defendant approves.
B)the prosecution approves.
C)the misdemeanor is class 1 or 2.
D)the magistrate has advanced training in the subject matter at hand.

Question 39

As a general rule, only defendants, not the prosecution, have the right to appeal a case to a higher court.

Question 40

It is the responsibility of the chief prosecutor to inform defendants of the charges against them and their rights of silence and council.

Question 41

It is important that precedent be set properly, for once it has been set, it cannot be overturned.

Question 42

The criminal justice process is lengthy and, some may argue, arduous. Conceptually explain why this is so and why it is important.

Question 43

Regulations that must be followed by those in the criminal justice system when investigating and prosecuting a case are known as _____.

Question 44

Explain the importance behind the concept of a criminal system in which those in power are required to follow the law rather than those in power having the ability to act as they see fit.

Question 45

Precedent is central to the functioning of the court system. Explain how precedent is applied when used by state supreme courts, circuit courts of appeals, and the U.S. Supreme Court. Also explain why precedent is so important to the operation of the courts.

Question 46

Give three examples of differences between law in action and law on the books.

Question 47

Explain how jurisdiction in the United States resembles a pyramid structure.

Question 48

State and describe the various phases of the criminal justice process in chronological order.

Question 49

If there is no precedent, circuit courts of appeals may look to rulings from other courts for advice in the form of persuasive authority.

Question 50

The American criminal trial process, in which two opposing sides argue against one another, is known as a/an _____ process.

Question 51

The U.S. Supreme Court has original jurisdiction over cases involving disputes between _____ and _____.

Question 52

Defense attorneys regularly file a motion for _____, which requires the prosecution to turn over relevant evidence for an upcoming trial.

Question 53

All cases brought before a circuit court of appeals are heard by three-judge panels, also known as en banc hearings.

Question 54

The motion for postconviction relief, requesting information on why a person is being held in incarceration, is known as _____.

Question 55

The lowest level of the federal court system is made up of 94 _____.

Question 56

Explain why it is important to balance security with individual rights in the criminal justice system.

Question 57

Explain the differences in judicial philosophy and how these differences may account for disparity.

Question 58

The U.S. Constitution holds that if a case is brought before the U.S. Supreme Court and no precedent is found to guide the Court's decision, it is to look to rulings on the issue from courts in England, Spain, and France.

Question 59

What are the various types of judicial opinions that can be issued and that establish legal precedent?

Question 60

The U.S. Supreme Court has the authority to tell any state how to interpret all matters regarding both the U.S. Constitution and the state's constitution.

Question 61

List and explain some of the objectives of criminal procedure and why they are important.