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Copyright Cengage Learning. Powered by Cognero.
Page 1
1. Which amendment to the Constitution forbids a government appeal of a verdict of “not guilty”?
a.
the Sixth Amendment
b.
the Fourth Amendment
c.
the Fifth Amendment
d.
the Eighth Amendment
ANSWER:
c
POINTS:
1
REFERENCES:
The Text-Case Method
QUESTION TYPE:
Multiple Choice
HAS VARIABLES:
False
LEARNING OBJECTIVES:
CRPR.SAMA.18.02.01 - Understand and differentiate the two components of case facts: (a)
the government official acts that the defendant claim violated the Constitution, and (b) the
objective basis or facts and circumstances that back up the government actions.
KEYWORDS:
Remember
DATE CREATED:
1/3/2017 4:49 AM
DATE MODIFIED:
1/6/2017 4:35 AM
2. What is the purpose of the case citation?
a.
The citation identifies the source of materials quoted or relied upon.
b.
The citation identifies the winner of the case.
c.
The citation identifies the parties in the case.
d.
The citation provides the reasoning for the judgment.
ANSWER:
a
POINTS:
1
REFERENCES:
The Text-Case Method
QUESTION TYPE:
Multiple Choice
HAS VARIABLES:
False
LEARNING OBJECTIVES:
CRPR.SAMA.18.02.01 - Understand and differentiate the two components of case facts: (a)
the government official acts that the defendant claim violated the Constitution, and (b) the
objective basis or facts and circumstances that back up the government actions.
KEYWORDS:
Remember
DATE CREATED:
1/3/2017 4:49 AM
DATE MODIFIED:
1/6/2017 4:35 AM
3. The ultimate source of American criminal procedure law is:
a.
the U.S. Constitution.
b.
the federal rules of criminal procedure.
c.
the state constitutions.
d.
state court opinions.
ANSWER:
a
POINTS:
1
REFERENCES:
The Text-Case Method
QUESTION TYPE:
Multiple Choice
HAS VARIABLES:
False
LEARNING OBJECTIVES:
CRPR.SAMA.18.02.01 - Understand and differentiate the two components of case facts: (a)
the government official acts that the defendant claim violated the Constitution, and (b) the
Copyright Cengage Learning. Powered by Cognero.
Page 2
objective basis or facts and circumstances that back up the government actions.
KEYWORDS:
Remember
DATE CREATED:
1/3/2017 4:50 AM
DATE MODIFIED:
1/6/2017 4:35 AM
4. The judgement in a case may also be called the:
a.
incorporation.
b.
question.
c.
affirmation.
d.
stare decisis.
ANSWER:
c
POINTS:
1
REFERENCES:
The Text-Case Method
QUESTION TYPE:
Multiple Choice
HAS VARIABLES:
False
LEARNING OBJECTIVES:
CRPR.SAMA.18.02.01 - Understand and differentiate the two components of case facts: (a)
the government official acts that the defendant claim violated the Constitution, and (b) the
objective basis or facts and circumstances that back up the government actions.
KEYWORDS:
Remember
DATE CREATED:
1/3/2017 4:51 AM
DATE MODIFIED:
1/6/2017 4:35 AM
5. According to the _______________, SCOTUS’s interpretation trumps the interpretation of all other courts (federal and
local), of Congress, and of all state and local legislatures.
a.
judiciary clause
b.
principle of judicial review
c.
supervisory power clause
d.
supreme review clause
ANSWER:
b
POINTS:
1
REFERENCES:
The U.S. Constitution and the Courts
QUESTION TYPE:
Multiple Choice
HAS VARIABLES:
False
LEARNING OBJECTIVES:
CRPR.SAMA.18.02.05 - Know and appreciate that all criminal procedures have to answer to
the U.S. Constitution, but it is up to the courts to interpret the meaning of the Constitution.
Ultimately, the U.S. Supreme Court’s interpretation trumps the decisions of all other courts.
KEYWORDS:
Remember
DATE CREATED:
1/3/2017 4:52 AM
DATE MODIFIED:
1/6/2017 4:35 AM
6. The due process revolution occurred:
a.
during the sixteenth and seventeenth centuries.
b.
between 1781 and 1900.
c.
in the new era of crime control, between 1900 and 1960.
d.
between 1960 and 1969.
ANSWER:
d
Copyright Cengage Learning. Powered by Cognero.
Page 3
POINTS:
1
REFERENCES:
Criminal Procedure History: The Balance Ideal and Due Process
QUESTION TYPE:
Multiple Choice
HAS VARIABLES:
False
LEARNING OBJECTIVES:
CRPR.SAMA.18.02.07 - Understand and appreciate that the balance between crime control
and individual liberty is an ancient controversy. The history of this tension has swung like a
pendulum back and forth, between more emphasis on providing the government with enough
power to enforce criminal law and guaranteeing individual autonomy and privacy.
KEYWORDS:
Remember
DATE CREATED:
1/3/2017 4:52 AM
DATE MODIFIED:
1/6/2017 4:35 AM
7. Court opinions refer to past cases to back up their reasoning and their decision in the present case. What are these prior
decisions called?
a.
judicial reviews
b.
precedents
c.
habeas corpus
d.
petitions
ANSWER:
b
POINTS:
1
REFERENCES:
The Text-Case Method
QUESTION TYPE:
Multiple Choice
HAS VARIABLES:
False
LEARNING OBJECTIVES:
CRPR.SAMA.18.02.02 - Know the importance of prior case decisions (precedent) and
understand the obligation to follow prior decisions (stare decisis) in judicial reasoning and
decision making.
KEYWORDS:
Remember
DATE CREATED:
1/3/2017 4:53 AM
DATE MODIFIED:
1/6/2017 4:35 AM
8. SCOTUS 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.
ANSWER:
d
POINTS:
1
REFERENCES:
The U.S. Constitution and the Courts
QUESTION TYPE:
Multiple Choice
HAS VARIABLES:
False
LEARNING OBJECTIVES:
CRPR.SAMA.18.02.05 - Know and appreciate that all criminal procedures have to answer to
the U.S. Constitution, but it is up to the courts to interpret the meaning of the Constitution.
Ultimately, the U.S. Supreme Court’s interpretation trumps the decisions of all other courts.
KEYWORDS:
Remember
DATE CREATED:
1/3/2017 4:54 AM
DATE MODIFIED:
1/6/2017 4:35 AM
Copyright Cengage Learning. Powered by Cognero.
Page 4
9. Social science research attempts to assess the effectiveness of crime control practices and their effect on individual
liberty and privacy, and:
a.
the accuracy with which the criminal justice system sorts the guilty from the innocent.
b.
judicial integrity.
c.
prosecutor integrity.
d.
how well the criminal justice system evaluates evidence.
ANSWER:
a
POINTS:
1
REFERENCES:
Empirical Evidence: Judicial Decision Making and Academic Debate
QUESTION TYPE:
Multiple Choice
HAS VARIABLES:
False
LEARNING OBJECTIVES:
CRPR.SAMA.18.02.03 - Understand the importance, prevalence, and shortcomings of social
scientific research regarding: (a) the effectiveness of crime control practices and their effect
on individual liberty and privacy and; (b) how accurately the criminal justice system sorts the
guilty from the innocent.
KEYWORDS:
Remember
DATE CREATED:
1/3/2017 4:55 AM
DATE MODIFIED:
1/6/2017 4:35 AM
10. A law that is above the ordinary law created by legislatures is a called:
a.
fundamental law.
b.
monarchy law.
c.
common law.
d.
civil law.
ANSWER:
a
POINTS:
1
REFERENCES:
SCOTUS: Will of the People or Rule of Law?
QUESTION TYPE:
Multiple Choice
HAS VARIABLES:
False
LEARNING OBJECTIVES:
CRPR.SAMA.18.02.04 - Know and appreciate that the dualistic, political nature of the U.S.
Supreme Court reflects society’s commitment to two opposing principles—fundamental law
and the will of the people.
KEYWORDS:
Remember
DATE CREATED:
1/3/2017 4:56 AM
DATE MODIFIED:
1/6/2017 4:35 AM
11. 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.
ANSWER:
a
POINTS:
1
REFERENCES:
State Constitutions and State Courts
QUESTION TYPE:
Multiple Choice
HAS VARIABLES:
False
LEARNING OBJECTIVES:
CRPR.SAMA.18.02.06 - Know that every state constitution guarantees its citizens parallel
criminal procedure rights. Understand that state constitutions can increase criminal procedure
rights but can’t reduce them below the federal minimum standard defined by the U.S.
Supreme Court.
KEYWORDS:
Remember
DATE CREATED:
1/3/2017 4:56 AM
DATE MODIFIED:
1/6/2017 4:35 AM
12. From colonial times until the Civil War, criminal justice was solely the responsibility of:
a.
sheriffs.
b.
citizens.
c.
legislatures.
d.
local governments.
ANSWER:
d
POINTS:
1
REFERENCES:
Due Process of Law
QUESTION TYPE:
Multiple Choice
HAS VARIABLES:
False
LEARNING OBJECTIVES:
CRPR.SAMA.18.02.08 - Understand and appreciate that the difficulty to define due process
is historically rooted in the controversial issues of states’ rights and equal rights for all
citizens. Gradually, the U.S. Supreme Court expanded the meaning of criminal procedure
rights within the federal system and ruled that most of these rights apply to state and local
criminal justice, too.
KEYWORDS:
Remember
DATE CREATED:
1/3/2017 4:57 AM
DATE MODIFIED:
1/6/2017 3:20 PM
13. Which of the following amendments provides a defendant with the right to due process?
a.
the Fourteenth Amendment
b.
the Fourth Amendment
c.
the Sixth Amendment
d.
the Eighth Amendment
ANSWER:
a
POINTS:
1
REFERENCES:
Due Process of Law
QUESTION TYPE:
Multiple Choice
HAS VARIABLES:
False
LEARNING OBJECTIVES:
CRPR.SAMA.18.02.09 - Know, understand, and appreciate that after a decades-long
struggle, a Supreme Court majority came to agree that "due process" requires the
incorporation of the specific criminal procedure provisions in the U.S. Bill of Rights and that
incorporation changed day-to-day criminal procedure by expanding its intervention from the
courtroom to public spaces and not-so-public police stations.
KEYWORDS:
Remember
DATE CREATED:
1/3/2017 4:58 AM
DATE MODIFIED:
1/6/2017 4:35 AM
14. The term “due process revolution” refers to the:
a.
Supreme Court’s expansion of individual rights in the 1960s.
Copyright Cengage Learning. Powered by Cognero.
Page 6
b.
civil unrest that swept the United States in the 1960s.
c.
passage of the Fourteenth Amendment.
d.
adoption of the fundamental fairness doctrine by the Court in the 1930s.
ANSWER:
a
POINTS:
1
REFERENCES:
Criminal Procedure History: The Balance Ideal and Due Process
QUESTION TYPE:
Multiple Choice
HAS VARIABLES:
False
LEARNING OBJECTIVES:
CRPR.SAMA.18.02.07 - Understand and appreciate that the balance between crime control
and individual liberty is an ancient controversy. The history of this tension has swung like a
pendulum back and forth, between more emphasis on providing the government with enough
power to enforce criminal law and guaranteeing individual autonomy and privacy.
KEYWORDS:
Remember
DATE CREATED:
1/3/2017 4:59 AM
DATE MODIFIED:
1/6/2017 4:35 AM
15. There are two main petitions a defendant can use to ask a higher court to review a decision made by a lower court:
habeas corpus and:
a.
suppression.
b.
certiorari.
c.
precedent.
d.
affirmation.
ANSWER:
b
POINTS:
1
REFERENCES:
The Text-Case Method
QUESTION TYPE:
Multiple Choice
HAS VARIABLES:
False
LEARNING OBJECTIVES:
CRPR.SAMA.18.02.02 - Know the importance of prior case decisions (precedent) and
understand the obligation to follow prior decisions (stare decisis) in judicial reasoning and
decision making.
KEYWORDS:
Remember
DATE CREATED:
1/3/2017 5:00 AM
DATE MODIFIED:
1/6/2017 4:35 AM
16. If an appellate court upholds the decision of a lower court, then the decision has been:
a.
remanded.
b.
reversed.
c.
rescinded.
d.
affirmed.
ANSWER:
d
POINTS:
1
REFERENCES:
The Text-Case Method
QUESTION TYPE:
Multiple Choice
HAS VARIABLES:
False
LEARNING OBJECTIVES:
CRPR.SAMA.18.02.01 - Understand and differentiate the two components of case facts: (a)
the government official acts that the defendant claim violated the Constitution, and (b) the
objective basis or facts and circumstances that back up the government actions.
Copyright Cengage Learning. Powered by Cognero.
Page 7
KEYWORDS:
Remember
DATE CREATED:
1/3/2017 5:00 AM
DATE MODIFIED:
1/6/2017 4:35 AM
17. The two landmark cases that began the federal government’s gradual entry into state criminal justice were Powell v.
Alabama (1932) and:
a.
Miranda v. Arizona (1966).
b.
U.S. v. Armstrong (1996).
c.
Rochin v. California (1952).
d.
Brown v. Mississippi (1936).
ANSWER:
d
POINTS:
1
REFERENCES:
Due Process of Law
QUESTION TYPE:
Multiple Choice
HAS VARIABLES:
False
LEARNING OBJECTIVES:
CRPR.SAMA.18.02.09 - Know, understand, and appreciate that after a decades-long
struggle, a Supreme Court majority came to agree that "due process" requires the
incorporation of the specific criminal procedure provisions in the U.S. Bill of Rights and that
incorporation changed day-to-day criminal procedure by expanding its intervention from the
courtroom to public spaces and not-so-public police stations.
KEYWORDS:
Remember
DATE CREATED:
1/3/2017 5:01 AM
DATE MODIFIED:
1/6/2017 4:35 AM
18. The cases of Powell v. Alabama (1932) and Brown v. Mississippi (1936) established what came to be known as:
a.
the criminal procedure doctrine.
b.
the due process doctrine.
c.
the distinguishing case doctrine.
d.
the fundamental fairness doctrine.
ANSWER:
d
POINTS:
1
REFERENCES:
Due Process of Law
QUESTION TYPE:
Multiple Choice
HAS VARIABLES:
False
LEARNING OBJECTIVES:
CRPR.SAMA.18.02.09 - Know, understand, and appreciate that after a decades-long
struggle, a Supreme Court majority came to agree that "due process" requires the
incorporation of the specific criminal procedure provisions in the U.S. Bill of Rights and that
incorporation changed day-to-day criminal procedure by expanding its intervention from the
courtroom to public spaces and not-so-public police stations.
KEYWORDS:
Remember
DATE CREATED:
1/3/2017 5:02 AM
DATE MODIFIED:
1/6/2017 4:35 AM
19. 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 a hearing on the facts before conviction and punishment.
Copyright Cengage Learning. Powered by Cognero.
Page 8
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.
ANSWER:
b
POINTS:
1
REFERENCES:
Due Process of Law
QUESTION TYPE:
Multiple Choice
HAS VARIABLES:
False
LEARNING OBJECTIVES:
CRPR.SAMA.18.02.09 - Know, understand, and appreciate that after a decades-long
struggle, a Supreme Court majority came to agree that "due process" requires the
incorporation of the specific criminal procedure provisions in the U.S. Bill of Rights and that
incorporation changed day-to-day criminal procedure by expanding its intervention from the
courtroom to public spaces and not-so-public police stations.
KEYWORDS:
Remember
DATE CREATED:
1/3/2017 5:13 AM
DATE MODIFIED:
1/6/2017 4:35 AM
20. State courts are a source of criminal law procedure in which of the following types of cases?
a.
those involving two different states
b.
those involving state officials
c.
those involving border disputes
d.
those involving the U.S. Constitution that SCOTUS hasn’t decided yet
ANSWER:
d
POINTS:
1
REFERENCES:
State Constitutions and State Courts
QUESTION TYPE:
Multiple Choice
HAS VARIABLES:
False
LEARNING OBJECTIVES:
CRPR.SAMA.18.02.06 - Know that every state constitution guarantees its citizens parallel
criminal procedure rights. Understand that state constitutions can increase criminal procedure
rights but can’t reduce them below the federal minimum standard defined by the U.S.
Supreme Court.
KEYWORDS:
Remember
DATE CREATED:
1/3/2017 5:14 AM
DATE MODIFIED:
1/6/2017 4:35 AM
21. Marbury v. Madison (1803) established what principle?
a.
due process
b.
stare decisis
c.
freedom from self-incrimination
d.
judicial review
ANSWER:
d
POINTS:
1
REFERENCES:
The U.S. Constitution and the Courts
QUESTION TYPE:
Multiple Choice
HAS VARIABLES:
False
LEARNING OBJECTIVES:
CRPR.SAMA.18.02.05 - Know and appreciate that all criminal procedures have to answer to
the U.S. Constitution, but it is up to the courts to interpret the meaning of the Constitution.
Copyright Cengage Learning. Powered by Cognero.
Page 9
Ultimately, the U.S. Supreme Court’s interpretation trumps the decisions of all other courts.
KEYWORDS:
Remember
DATE CREATED:
1/3/2017 5:14 AM
DATE MODIFIED:
1/6/2017 4:35 AM
22. In which of the following cases did the court say (regarding selective enforcement of drug laws) that the majority of
elevated penalties fall on Black users 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
ANSWER:
c
POINTS:
1
REFERENCES:
Equal Protection of the Law
QUESTION TYPE:
Multiple Choice
HAS VARIABLES:
False
LEARNING OBJECTIVES:
CRPR.SAMA.18.02.10 - Understand that equality is a fundamental principle and a
constitutional command in our constitutional democracy, but the heavy burden of proving
claims that government officials denied equal protection falls on the individual.
KEYWORDS:
Remember
DATE CREATED:
1/3/2017 5:15 AM
DATE MODIFIED:
1/6/2017 4:35 AM
23. Equal protection claims based on selective prosecution are difficult to prove, because claimants have to prove that the
prosecutor had a discriminatory purpose and that the prosecution had:
a.
a negative effect.
b.
an exclusionary effect.
c.
a discriminatory effect.
d.
a disruptive effect.
ANSWER:
c
POINTS:
1
REFERENCES:
Equal Protection of the Law
QUESTION TYPE:
Multiple Choice
HAS VARIABLES:
False
LEARNING OBJECTIVES:
CRPR.SAMA.18.02.10 - Understand that equality is a fundamental principle and a
constitutional command in our constitutional democracy, but the heavy burden of proving
claims that government officials denied equal protection falls on the individual.
KEYWORDS:
Remember
DATE CREATED:
1/3/2017 5:16 AM
DATE MODIFIED:
1/6/2017 4:35 AM
24. The power of a court to hear and decide cases in a specific geographical area or to deal with a specific subject is
called:
a.
jurisdiction.
b.
judicial review.
c.
appellate authority.
d.
stare decisis.
Copyright Cengage Learning. Powered by Cognero.
Page 10
ANSWER:
a
POINTS:
1
REFERENCES:
The Text-Case Method
QUESTION TYPE:
Multiple Choice
HAS VARIABLES:
False
LEARNING OBJECTIVES:
CRPR.SAMA.18.02.02 - Know the importance of prior case decisions (precedent) and
understand the obligation to follow prior decisions (stare decisis) in judicial reasoning and
decision making.
KEYWORDS:
Remember
DATE CREATED:
1/3/2017 5:16 AM
DATE MODIFIED:
1/6/2017 4:35 AM
25. A proceeding that addresses a motion to throw out evidence in a trial is called:
a.
an evidentiary hearing.
b.
a suppression hearing.
c.
an appellate hearing.
d.
a review hearing.
ANSWER:
b
POINTS:
1
REFERENCES:
The Text-Case Method
QUESTION TYPE:
Multiple Choice
HAS VARIABLES:
False
LEARNING OBJECTIVES:
CRPR.SAMA.18.02.02 - Know the importance of prior case decisions (precedent) and
understand the obligation to follow prior decisions (stare decisis) in judicial reasoning and
decision making.
KEYWORDS:
Remember
DATE CREATED:
1/3/2017 5:17 AM
DATE MODIFIED:
1/6/2017 4:35 AM
26. One interpretation of selective incorporation is that:
a.
the state legislatures can select which provisions in the Bill of Rights to incorporate.
b.
only some of the Bill of Rights provisions 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.
ANSWER:
b
POINTS:
1
REFERENCES:
Due Process of Law
QUESTION TYPE:
Multiple Choice
HAS VARIABLES:
False
LEARNING OBJECTIVES:
CRPR.SAMA.18.02.09 - Know, understand, and appreciate that after a decades-long
struggle, a Supreme Court majority came to agree that "due process" requires the
incorporation of the specific criminal procedure provisions in the U.S. Bill of Rights and that
incorporation changed day-to-day criminal procedure by expanding its intervention from the
courtroom to public spaces and not-so-public police stations.
KEYWORDS:
Remember
Copyright Cengage Learning. Powered by Cognero.
Page 11
DATE CREATED:
1/3/2017 5:18 AM
DATE MODIFIED:
1/6/2017 4:35 AM
27. 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
ANSWER:
b
POINTS:
1
REFERENCES:
Due Process of Law
QUESTION TYPE:
Multiple Choice
HAS VARIABLES:
False
LEARNING OBJECTIVES:
CRPR.SAMA.18.02.09 - Know, understand, and appreciate that after a decades-long
struggle, a Supreme Court majority came to agree that "due process" requires the
incorporation of the specific criminal procedure provisions in the U.S. Bill of Rights and that
incorporation changed day-to-day criminal procedure by expanding its intervention from the
courtroom to public spaces and not-so-public police stations.
KEYWORDS:
Remember
DATE CREATED:
1/3/2017 5:19 AM
DATE MODIFIED:
1/6/2017 4:35 AM
28. 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 only incorporates the provisions in all of the Bill of Rights relating to
criminal procedure in some very specific cases.
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.
ANSWER:
d
POINTS:
1
REFERENCES:
Due Process of Law
QUESTION TYPE:
Multiple Choice
HAS VARIABLES:
False
LEARNING OBJECTIVES:
CRPR.SAMA.18.02.09 - Know, understand, and appreciate that after a decades-long
struggle, a Supreme Court majority came to agree that "due process" requires the
incorporation of the specific criminal procedure provisions in the U.S. Bill of Rights and that
incorporation changed day-to-day criminal procedure by expanding its intervention from the
courtroom to public spaces and not-so-public police stations.
KEYWORDS:
Remember
DATE CREATED:
1/3/2017 5:19 AM
DATE MODIFIED:
1/6/2017 4:35 AM
29. Criticism of the incorporation doctrine is that it targets all criminal justice agencies, but perhaps nothing generates
more controversy than whether uniform standards ought to apply to:
a.
local police.
Copyright Cengage Learning. Powered by Cognero.
Page 12
b.
local prosecutors.
c.
state supreme courts.
d.
federal law enforcement agencies.
ANSWER:
a
POINTS:
1
REFERENCES:
Due Process of Law
QUESTION TYPE:
Multiple Choice
HAS VARIABLES:
False
LEARNING OBJECTIVES:
CRPR.SAMA.18.02.09 - Know, understand, and appreciate that after a decades-long
struggle, a Supreme Court majority came to agree that "due process" requires the
incorporation of the specific criminal procedure provisions in the U.S. Bill of Rights and that
incorporation changed day-to-day criminal procedure by expanding its intervention from the
courtroom to public spaces and not-so-public police stations.
KEYWORDS:
Remember
DATE CREATED:
1/3/2017 5:20 AM
DATE MODIFIED:
1/6/2017 4:35 AM
30. What presumption assumes that the government is acting lawfully unless there is clear evidence to the contrary?
What presumption assumes that the government is acting lawfully unless there is clear evidence to the contrary?
a.
the presumption of regularity
b.
the presumption of infallibility
c.
the presumption of enforceability
d.
the presumption of innocence
ANSWER:
a
POINTS:
1
REFERENCES:
Equal Protection of the Law
QUESTION TYPE:
Multiple Choice
HAS VARIABLES:
False
LEARNING OBJECTIVES:
CRPR.SAMA.18.02.10 - Understand that equality is a fundamental principle and a
constitutional command in our constitutional democracy, but the heavy burden of proving
claims that government officials denied equal protection falls on the individual.
KEYWORDS:
Remember
DATE CREATED:
1/3/2017 5:21 AM
DATE MODIFIED:
1/6/2017 12:09 PM
31. In order to claim a violation of the equal protection clause, a claimant must prove that:
a.
the official government action had a discriminatory effect.
b.
the officials intended to discriminate.
c.
the government action had a discriminatory effect and a discriminatory purpose.
d.
the government action treated the claimant differently than other people.
ANSWER:
c
POINTS:
1
REFERENCES:
Equal Protection of the Law
QUESTION TYPE:
Multiple Choice
HAS VARIABLES:
False
LEARNING OBJECTIVES:
CRPR.SAMA.18.02.10 - Understand that equality is a fundamental principle and a
constitutional command in our constitutional democracy, but the heavy burden of proving
