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Page 13
claims that government officials denied equal protection falls on the individual.
KEYWORDS:
Remember
DATE CREATED:
1/3/2017 5:22 AM
DATE MODIFIED:
1/6/2017 4:35 AM
32. The “presumption of regularity” posits that:
a.
most people who claim a violation of the equal protection clause have been discriminated against.
b.
most people who allege due process violations have been harmed.
c.
there is a set of due process requirements that apply in regular criminal cases.
d.
government actions are presumed lawful unless there is clear evidence to the contrary.
ANSWER:
d
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 5:23 AM
DATE MODIFIED:
1/6/2017 4:35 AM
33. In Mapp v. Ohio (1961), the Court applied which of the following to states?
a.
the right of self-incrimination
b.
the exclusionary rule
c.
the right to assistance of counsel
d.
the right to a speedy trial
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 5:24 AM
DATE MODIFIED:
1/6/2017 4:35 AM
34. Besides notification of charges against the accused, what is the other procedural element that is required to satisfy the
definition of a “fair trial” under the fundamental fairness doctrine?
a.
b.
c.
d.
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 5:25 AM
DATE MODIFIED:
1/6/2017 4:35 AM
35. The political, dualistic nature of the Supreme Court refers to its commitment to two conflicting ideals: fundamental
law and:
a.
the importance of government ideals.
b.
the will of the government.
c.
the importance of constitutional law.
d.
the will of the people.
ANSWER:
d
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 5:26 AM
DATE MODIFIED:
1/6/2017 4:35 AM
36. The Constitution is a different type of document than a statute, because it expresses the will of the people as a whole.
a.
True
b.
False
ANSWER:
True
POINTS:
1
REFERENCES:
The U.S. Constitution and the Courts
QUESTION TYPE:
True / False
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 5:28 AM
DATE MODIFIED:
1/6/2017 4:35 AM
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Page 15
37. The doctrine of stare decisis commands judges to follow precedents.
a.
True
b.
False
ANSWER:
True
POINTS:
1
REFERENCES:
The Text-Case Method
QUESTION TYPE:
True / False
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 5:28 AM
DATE MODIFIED:
1/6/2017 4:35 AM
38. Social science researchers agree that the criminal process rarely convicts the innocent and frees the guilty.
a.
True
b.
False
ANSWER:
False
POINTS:
1
REFERENCES:
Empirical Evidence: Judicial Decision Making and Academic Debate
QUESTION TYPE:
True / False
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 5:28 AM
DATE MODIFIED:
1/6/2017 4:35 AM
39. Although it is the highest court in the land, SCOTUS depends on local courts and the police to apply its decisions to
daily situations.
a.
True
b.
False
ANSWER:
True
POINTS:
1
REFERENCES:
The U.S. Constitution and the Courts
QUESTION TYPE:
True / False
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 5:29 AM
DATE MODIFIED:
1/6/2017 4:35 AM
40. SCOTUS has no authority to interpret a state constitution, as long as state constitutional provisions and the decisions
interpreting them meet the standards set by the United States Constitution.
a.
True
b.
False
ANSWER:
True
POINTS:
1
REFERENCES:
The U.S. Constitution and the Courts
QUESTION TYPE:
True / False
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 5:30 AM
DATE MODIFIED:
1/6/2017 4:35 AM
41. Justice William Brennan believed that the incorporation doctrine had virtually no impact on law.
a.
True
b.
False
ANSWER:
False
POINTS:
1
REFERENCES:
Due Process of Law
QUESTION TYPE:
True / False
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 5:31 AM
DATE MODIFIED:
1/6/2017 4:35 AM
42. Some state constitutions provide rights not mentioned in the U.S. Constitution.
a.
True
b.
False
ANSWER:
True
POINTS:
1
REFERENCES:
State Constitutions and State Courts
QUESTION TYPE:
True / False
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
Copyright Cengage Learning. Powered by Cognero.
Page 17
DATE CREATED:
1/3/2017 5:31 AM
DATE MODIFIED:
1/6/2017 4:35 AM
43. Many colonial revolutionaries were committed to both fundamental law and government by the will of the people.
a.
True
b.
False
ANSWER:
True
POINTS:
1
REFERENCES:
SCOTUS: Will of the People or Rule of Law?
QUESTION TYPE:
True / False
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 5:31 AM
DATE MODIFIED:
1/6/2017 4:35 AM
44. The early Roman republic had virtually no safeguards for individuals against government power in its law of criminal
procedure.
a.
True
b.
False
ANSWER:
False
POINTS:
1
REFERENCES:
Criminal Procedure History: The Balance Ideal and Due Process
QUESTION TYPE:
True / False
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 5:32 AM
DATE MODIFIED:
1/6/2017 4:35 AM
45. The Articles of Confederation were written by former British colonists in response to British tyranny.
a.
True
b.
False
ANSWER:
True
POINTS:
1
REFERENCES:
Criminal Procedure History: The Balance Ideal and Due Process
QUESTION TYPE:
True / False
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 5:32 AM
DATE MODIFIED:
1/6/2017 4:35 AM
46. The conflict over the fundamental fairness doctrine and the incorporation doctrine was clear in Rochin v. California
(1952).
a.
True
b.
False
ANSWER:
True
POINTS:
1
REFERENCES:
Due Process of Law
QUESTION TYPE:
True / False
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 5:32 AM
DATE MODIFIED:
1/6/2017 4:35 AM
47. The fundamental fairness doctrine and the total incorporation doctrine are essentially the same.
a.
True
b.
False
ANSWER:
False
POINTS:
1
REFERENCES:
Due Process of Law
QUESTION TYPE:
True / False
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 5:33 AM
DATE MODIFIED:
1/6/2017 4:35 AM
48. One of the issues addressed by Powell v. Alabama (1932) is due process.
a.
True
b.
False
ANSWER:
True
POINTS:
1
REFERENCES:
Due Process of Law
QUESTION TYPE:
True / False
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 5:33 AM
DATE MODIFIED:
1/6/2017 4:35 AM
49. Equality is deeply embedded in the concept of U.S. constitutionalism.
a.
True
b.
False
ANSWER:
True
POINTS:
1
REFERENCES:
Equal Protection of the Law
QUESTION TYPE:
True / False
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 5:33 AM
DATE MODIFIED:
1/6/2017 4:35 AM
50. A concurring opinion is one that disagrees with the majority decision.
a.
True
b.
False
ANSWER:
False
POINTS:
1
REFERENCES:
The Text-Case Method
QUESTION TYPE:
True / False
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 5:34 AM
DATE MODIFIED:
1/6/2017 4:35 AM
51. Two types of facts are relevant to criminal procedure cases: (1) acts by _______________ _______________ and (2)
the objective basis for those actions.
ANSWER:
government officials
POINTS:
1
REFERENCES:
The Text-Case Method
QUESTION TYPE:
Completion
HAS VARIABLES:
False
LEARNING OBJECTIVES:
CRPR.SAMA.18.02.01 – Understand and differentiate the two components of case facts: (a)
Copyright Cengage Learning. Powered by Cognero.
Page 20
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 5:34 AM
DATE MODIFIED:
1/6/2017 12:11 PM
52. In _______________ court cases, a lower court has already taken some action in the case, and one of the parties has
asked a higher court to review the lower court’s action.
ANSWER:
appellate
POINTS:
1
REFERENCES:
The Text-Case Method
QUESTION TYPE:
Completion
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 5:35 AM
DATE MODIFIED:
1/6/2017 4:35 AM
53. _______________ law is a law that is above the ordinary law created by legislatures.
ANSWER:
Fundamental
POINTS:
1
REFERENCES:
SCOTUS: Will of the People or Rule of Law?
QUESTION TYPE:
Completion
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 5:35 AM
DATE MODIFIED:
1/6/2017 4:35 AM
54. In place of the _______________ _______________ doctrine, some on the Court argued for the incorporation
doctrine.
ANSWER:
fundamental fairness
POINTS:
1
REFERENCES:
Due Process of Law
QUESTION TYPE:
Completion
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 5:35 AM
DATE MODIFIED:
1/6/2017 4:35 AM
Copyright Cengage Learning. Powered by Cognero.
Page 21
55. Rights every state guarantees its citizens that are similar to those in the United States Constitution and the Bill of
Rights are referred to as _______________ rights.
ANSWER:
parallel
POINTS:
1
REFERENCES:
State Constitutions and State Courts
QUESTION TYPE:
Completion
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 5:36 AM
DATE MODIFIED:
1/6/2017 4:35 AM
56. A state’s highest court is the _______________ authority in cases based on their own state constitutions and statutes.
ANSWER:
final
POINTS:
1
REFERENCES:
State Constitutions and State Courts
QUESTION TYPE:
Completion
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 5:36 AM
DATE MODIFIED:
1/6/2017 4:35 AM
57. The power of courts to declare laws and government actions unconstitutional is called _______________
_______________.
ANSWER:
judicial review
POINTS:
1
REFERENCES:
The U.S. Constitution and the Courts
QUESTION TYPE:
Completion
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 5:36 AM
DATE MODIFIED:
1/6/2017 4:35 AM
58. Justice _______________ was Chief Justice of the Supreme Court during the due process revolution.
ANSWER:
Warren
POINTS:
1
REFERENCES:
Criminal Procedure History: The Balance Ideal and Due Process
POINTS:
1
QUESTION TYPE:
Completion
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 5:36 AM
DATE MODIFIED:
1/6/2017 4:35 AM
59. The drafters of the Fourteenth Amendment left the definitions of due process and _______________
_______________.
ANSWER:
equal protection
POINTS:
1
REFERENCES:
Due Process of Law
QUESTION TYPE:
Completion
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 5:37 AM
DATE MODIFIED:
1/6/2017 4:35 AM
60. Constitutional democracy couldn’t survive without protecting our right to fair procedures, as guaranteed by
_______________ _______________ of law.
ANSWER:
due process
POINTS:
1
REFERENCES:
Equal Protection of the Law
QUESTION TYPE:
Completion
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 5:37 AM
DATE MODIFIED:
1/6/2017 4:35 AM
61. Explain the impact of empirical evidence on judicial decision making.
ANSWER:
The new generation of criminal procedure calls for accurate, reliable, impartial empirical and
social scientific evidence primarily aimed at answering two questions: (1) How effective are
crime-controlling practices? and (2) What is their effect on individual liberty and privacy? As
a compelling example, DNA exonerations conclusively demonstrate that our criminal justice
system has wrongfully convicted innocent citizens. DNA exonerations we know about may
only be the “tip of the iceberg,” so we must not only remember the innocents, but also be
REFERENCES:
Empirical Evidence: Judicial Decision Making and Academic Debate
QUESTION TYPE:
Essay
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:
Apply
DATE CREATED:
1/3/2017 5:38 AM
DATE MODIFIED:
1/6/2017 4:35 AM
62. Briefly trace the history of due process, from the adoption of the U.S. Constitution to the present.
ANSWER:
From the passage of the Constitution to the Civil War, criminal justice was considered a local
affair. The Bill of Rights extends protection against only the federal, not the state,
government. The Fourteenth Amendment’s due process clause changed that.
Courts, however, defined due process differently. Some decisions emphasized procedural due
process, contending that due process guarantees fair procedures for deciding cases. The
KEYWORDS:
Apply
DATE CREATED:
1/3/2017 5:39 AM
DATE MODIFIED:
1/6/2017 4:35 AM
places limits on that power. To uphold these contradictory ideas, SCOTUS must shape its
POINTS:
1
REFERENCES:
Due Process of Law
QUESTION TYPE:
Essay
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:
Apply
DATE CREATED:
1/3/2017 5:39 AM
DATE MODIFIED:
1/6/2017 4:35 AM
63. Summarize the differences among the fundamental fairness, total incorporation, and selective incorporation doctrines
as they influence state criminal procedures.
ANSWER:
Below is an example of a correct answer to this question. There are other ways to answer the
question that may also be correct.
The fundamental fairness doctrine focused on general fairness. Under this doctrine states
could largely define their own criminal procedures, as long as they did not offend
fundamental rights.
Under the total incorporation doctrine, all provisions of the Bill of Rights were considered
incorporated into the Fourteenth Amendment due process clause and thus applicable to the
states. Under this doctrine, states in a criminal justice system would have to follow
identically all those rights guaranteed to the accused in federal criminal proceedings.
Finally, the selective incorporation doctrine argued that some provisions of the Bill of Rights
were incorporated into the notion of due process and thus applicable against the states, and
some were not. When a right was considered so fundamental as to be incorporated into the
due process clause and applied to the states, the states would have to apply that right exactly
as it was in a federal criminal proceeding.
POINTS:
1
REFERENCES:
Due Process of Law
QUESTION TYPE:
Essay
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.
decisions with the public good in mind.
POINTS:
1
REFERENCES:
SCOTUS: Will of the People or Rule of Law?
QUESTION TYPE:
Essay
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:
Apply
DATE CREATED:
1/3/2017 5:40 AM
DATE MODIFIED:
1/6/2017 4:35 AM
65. Identify the two elements individuals must prove to succeed in a claim that government denied them equal protection
of the law.
ANSWER:
The two facts that must be shown to prove a claim of denial of equal protection of the law
are:
(1) some official act had a discriminatory effect—this usually means proving race or some
other illegal group characteristic is the reason for the official decision.
(2) officials intended to discriminate against a specific claimant because of race or some
other illegal criteria.
POINTS:
1
REFERENCES:
Equal Protection of the Law
QUESTION TYPE:
Essay
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:
Apply
DATE CREATED:
1/3/2017 5:41 AM
DATE MODIFIED:
1/6/2017 4:35 AM