1. In a constitutional democracy:
a. the majority could authorize the police to arrest an individual based on the hunch that he/she committed a
crime.
b. the majority has total power to determine how much authority the police have.
c. neither a single dictator nor an overwhelming majority of people have total power.
d. the power of police depends on which party won the most recent election.
2. In a constitutional democracy, when enforcing the criminal law:
a. officials are restricted by the law of criminal procedure.
b. officials are restricted by the legislature.
c. officials are restricted by popular opinion.
d. officials have wide latitude to decide what actions to take.
3. According to legal experts, the primary generators of the rules to regulate the behavior of police, prosecutors, and
others involved in the criminal process rests with the:
a. legislature.
b. President of the United States.
c. trial courts.
d. U.S. Supreme Court.
4. The states are free to _________________ operating procedures established by the U.S. Supreme Court that
apply to the administration of criminal justice.
a. lower or reduce the
b. ignore the
c. raise the minimum
d. raise the maximum
Chapter 01: CRIME CONTROL IN A CONSTITUTIONAL DEMOCRACY
CRIME CONTROL IN A CONSTITUTIONAL DEMOCRACY
5. Striking the balance between community security and individual autonomy:
a. is generally a straightforward process.
b. is often difficult and the balance that is struck may not satisfy any individual party completely.
c. usually leads to an emphasis on community security.
d. requires the court to find in favor of the individual.
6. According to the text, a vast majority of citizens never go further than which of the following legs of the criminal
procedure road map?
a. Public places
b. Police stations
c. Prosecutor’s offices
d. Trial courts
7. The“means”sideoftheendmeansbalance:
a. is committed towards fairness in dealing with defendants.
b. is devoted to giving government officials as much power possible.
c. is concerned that too many defendants go free on technicalities.
d. fosters the result side of the criminal justice process.
8. The procedural history of the case refers to the:
a. informal procedural steps the case has taken.
b. indictment phase of the case.
c. formal procedural steps the case has taken.
d. appeals portion of the case.
9. A ______________ opinion is NOT a type of opinion that can be issued by an appellate court, whether federal
or state.
a. concurring
b. majority
c. plurality
d. judgment
10. The due process revolution in the 1960s:
a. emphasizedthepolicepowerofthestatetocontrolindividualswhowereprotestingthegovernment’s
policies.
b. tilted the balance between results and means in criminal justice in favor of the state.
c. emphasized the needs of crime victims.
d. tilted the balance between results and means in criminal justice in favor of process (means) and individual
rights.
11. The trend today in balancing results and means in criminal justice:
a. continues to be strongly in favor of individual rights by emphasizing process (means).
b. has shifted away from process to results.
c. is impossible to determine because the Supreme Court has not made it clear.
d. is equally poised between process (means) and results.
12. The balance between society and individual and between ends and means is tested most seriously:
a. during wartime.
b. during depression.
c. during natural disasters.
d. during civil rights movements.
13. Making decisions according to the law of criminal procedure as outlined in the Constitution, judicial opinions, laws
and other written sources is called:
a. formal decision making.
b. informal decision making.
c. discretionary decision making.
d. playing by the rules.
14. Judgments made by professionals based on their training and experience and unwritten rules are known as:
a. formal decision making.
b. discretionary decision making.
c. applying the written rules in a flexible manner.
d. official discretion.
15. Hunches are never sufficient to guide decisions made by agents of crime control. This principle can be described
as:
a. good evidence.
b. using the best methods.
c. the objective basis requirement.
d. discretionary decisions.
16. The graduated objective basis requirement holds that the greater the limits the government places on an
individual’sautonomy,the:
a. more discretion the government agent must exercise.
b. less discretion the government agent must exercise.
c. morefactsmustbackupthegovernment’sactions.
d. more facts must be close to proving guilt beyond a reasonable doubt.
17. The citation of a case includes what information?
a. The court reporting the case.
b. The date the case is decided and the court reporting the case.
c. The date the case is decided, the decision the court reached, the court reporting the case, and the court that
the case is appealed from.
d. The decision the court reached, the court reporting the case, and the court that the case is appealed from.
18. A brief description of the steps and judgments made by each court that has heard a case is called the:
a. courts’judgments.
b. courts’decisions.
c. courts’opinions.
d. procedural history of the case.
19. How a court disposes of a case is called the:
a. court’sjudgment.
b. court’sopinion.
c. majority opinion.
d. case holding.
20. Courts explain the rationale for the case decision in the:
a. judgment.
b. opinion.
c. decision.
d. facts.
21. Thecourt’sholdingis:
a. also called a judgment.
b. foundinthecase’sproceduralhistory.
c. the legal rule the court applied to the facts of the case.
d. the also called the majority opinion.
22. If an appellate court case has a majority of the justices agreeing with the result in the case, but they cannot agree
on the reasons for the result, the ______________ opinion is the opinion with the reasoning agreed to by the
largest number of justices.
a. dissenting
b. plurality
c. majority
d. concurring
23. If a justice agrees with the decision reached in another opinion but writes a separate opinion explaining her own
reasons for reaching that decision, she has written a ________ opinion.
a. dissenting
b. plurality
c. concurring
d. reasoning
24. The doctrine of stare decisis binds judges to follow the prior decisions of:
a. their own court and courts superior to them in their jurisdiction.
b. any court in the same state of equal power.
c. any court in the United States.
d. only the U.S. Supreme Court.
25. When a court refers to past cases to back up its reasons and decisions in the case currently before it, the prior
decisions are called:
a. procedural history.
b. court opinions.
c. precedent.
d. majority judgments.
26. Jurisdictionreferstoacourt’sauthoritytohearanddecideacase:
a. in a specific geographical area and on a particular subject matter.
b. in a specific geographical area.
c. on a particular subject matter.
d. remanded by an appellate court and in a specific geographical area.
27. Whencourtsdecidecasesbasedonlegalprecedent,theirdecisionsincreasesociety’ssenseof:
a. discretion.
b. stability, predictability and fairness.
c. stability.
d. predictability.
28. When a court decides that a prior court decision does not apply to a current case because the facts of the
previous case are different, the court is said to:
a. dispute the holding of the previous decision.
b. overturn legal precedent.
c. distinguish the previous case.
d. reverse the previous case.
29. The party who is being appealed against is known as the:
a. appellant.
b. petitioner.
c. plaintiff.
d. appellee.
30. A petition for a writ of habeas corpus is:
a. a continuation of the original criminal case.
b. an appeals criminal case.
c. a civil case that reviews the constitutionality of a petitioner’s detention.
d. another form of appeal.
31. If a defendant seeks to throw out evidence obtained by law enforcement officers during a search and seizure, and
interrogation, or an identification procedure, this motion is hearing in a motion called a(n) ____________ hearing.
a. pretrial
b. appellate
c. suppression
d. habeas corpus
32. The U.S. Supreme Court decides to review a case on a writ of certiorari based on:
a. the“ruleoffour.”
b. a majority vote.
c. a unanimous vote.
d. the decision of the Chief Justice.
Chapter 01: CRIME CONTROL IN A CONSTITUTIONAL DEMOCRACY
CRIME CONTROL IN A CONSTITUTIONAL DEMOCRACY
33. In habeas corpus actions the:
a. petitioner names the state as a party.
b. title of the case has names of individual parties and not the state or government.
c. court is a party to the petition.
d. government sues an incarcerated or detained prisoner.
34. In a criminal case, when the appellate court sends a case back to the court from which it came for further action,
the disposition is referred to as:
a. affirmed.
b. remanded.
c. reversed.
d. nullified.
35. Anappellatecourt_________atrialcourt’sjudgmentwhenitsetsitaside.
a. reverses
b. affirms
c. remands
d. questions
36. Crime control in a constitutional democracy depends on the balance between searching for the correct result in
criminal cases and the commitment to use fair procedures in pursuing criminals.
a. True
b. False
Chapter 01: CRIME CONTROL IN A CONSTITUTIONAL DEMOCRACY
CRIME CONTROL IN A CONSTITUTIONAL DEMOCRACY
37. A case citation is composed of a string of letters and numbers.
a. True
b. False
38. A habeas corpusproceedingisnotaseparateproceedingfromadefendant’scriminalcase.
a. True
b. False
39. A majority of U.S. Supreme Court justices have to vote to review a case before it can be heard.
a. True
b. False
40. According to the interest in fact-finding and the search for truth, the greater the deprivation the decision imposes,
the greater the factual foundation required to support it.
a. True
b. False
41. How an appellate court disposes of a case is called its opinion.
a. True
b. False
Chapter 01: CRIME CONTROL IN A CONSTITUTIONAL DEMOCRACY
CRIME CONTROL IN A CONSTITUTIONAL DEMOCRACY
42. The balance between result and process never rests at a point that satisfies everyone.
a. True
b. False
43. Thegreaterthelimitsthegovernmentplacesonanindividual’sautonomy,themorefactsmustbackupthe
government’sactions.
a. True
b. False
44. The criminal process is a blend of the formal law of criminal procedure and the informal influences that enter the
process by way of discretion.
a. True
b. False
45. The objective basis is also referred to as the quantum of proof.
a. True
b. False
46. The party appealing a lower court ruling or decision to a higher court is called the appellee.
a. True
b. False
Chapter 01: CRIME CONTROL IN A CONSTITUTIONAL DEMOCRACY
CRIME CONTROL IN A CONSTITUTIONAL DEMOCRACY
47. OneoftherulesofprocedurebywhichtheU.S.SupremeCourtoperatesisthe“ruleoffour.”Accordingtothis
rule, the Court issues a written decision in a case only if four or more justices think a written opinion is desirable.
a. True
b. False
48. Discretion and formal law making are antagonistic to each other in balancing the interests in criminal procedure.
a. True
b. False
49. The due process revolution increased the power of the police in America.
a. True
b. False
50. When a court distinguishes a case, it decides that precedent does not apply to the current case because the facts
of are different.
a. True
b. False
51. Under the Constitution, public officials are required to have enough facts to back up every invasion of privacy,
liberty, and property of individuals. This is known as a(n) _____________ _____________.
Chapter 01: CRIME CONTROL IN A CONSTITUTIONAL DEMOCRACY
CRIME CONTROL IN A CONSTITUTIONAL DEMOCRACY
52. The process of informal decision making by professionals based on their training and experience, rather than
written rules, is called _______________ _________________ ________________ .
53. The citation of a case appears after the ______________ of the case.
54. An opinion that agrees with the result of another opinion is a(n) _____________ opinion.
55. The doctrine that requires that once courts have decided cases, those prior decisions bind later courts to follow
them is ________ _______.
56. Motions to throw out evidence obtained by the government during searches and seizures, interrogation, and
identification procedures are heard at a(n) _______________ _________________.
57. A _____________ is a defendant in a noncriminal case.
58. The power of a court to hear case in a particular subject or geographical area is its ______________.
Chapter 01: CRIME CONTROL IN A CONSTITUTIONAL DEMOCRACY
CRIME CONTROL IN A CONSTITUTIONAL DEMOCRACY
59. Evidence that helps prove defendants are guilty is sometimes called ______ ________________.
60. The _______________ court opinion is considered the law.
61. Identify and describe the balance of values at the heart of our constitutional democracy and explain how and why
that balance is flexible.
Chapter 01: CRIME CONTROL IN A CONSTITUTIONAL DEMOCRACY
CRIME CONTROL IN A CONSTITUTIONAL DEMOCRACY
62. Who are the various actors and their roles in the “criminal justice road map?”
63. Describe the history of criminal procedure, and explain why it is described as a pendulum swing.
Chapter 01: CRIME CONTROL IN A CONSTITUTIONAL DEMOCRACY
CRIME CONTROL IN A CONSTITUTIONAL DEMOCRACY
64. Describe the difference between formal and informal criminal procedure, and explain why both are essential to
crime control in our constitutional democracy.
65. Explainwhy“hunchesaren’tenough”incriminalprocedure.
Chapter 01: CRIME CONTROL IN A CONSTITUTIONAL DEMOCRACY
CRIME CONTROL IN A CONSTITUTIONAL DEMOCRACY