1. Like most constitutional democracies, the justice system in the United States continually experiences a tension between
the need to _____ and the need to _____.
a.
respect individual rights; maintain public order
b.
balance power; maintain public order
c.
limit power; allow certain governmental intrusion
d.
limit public rights; broaden individual rights
ANSWER:
Criminal Procedure as the Balance between Due Process and Crime Control
LEARNING OBJECTIVES:
CPCJ.FERD.16.1.1
2. Which document preceded the current U.S. Constitution in governing the first thirteen states?
a.
b.
c.
d.
ANSWER:
REFERENCES:
A Brief History of the United States Constitution
KEYWORDS:
3. Which branch of the government plays the largest role in protection of individual liberties?
a.
Legislative
b.
Executive
c.
President
d.
Judicial
REFERENCES:
A Brief History of the United States Constitution
LEARNING OBJECTIVES:
CPCJ.FERD.16.1.3
4. Which doctrine allows the Supreme Court to determine if a law violates the Constitution?
a.
habeas corpus
b.
posse comitatus
c.
certiorari
d.
judicial review
A Brief History of the United States Constitution
LEARNING OBJECTIVES:
CPCJ.FERD.16.1.3
KEYWORDS:
5. A person has filed a lawsuit on equal protection grounds claiming racial discrimination. Which standard of review will
be used to resolve the issue of law?
a.
Fair and adequate notification test
b.
Strict Scrutiny
c.
Intermediate scrutiny
d.
Rational Basis Test
b
Select Individual Rights in the Bill of Rights
CPCJ.FERD.16.1.6
6. Constitutional guarantees against self-incrimination are primarily covered by which amendment?
a.
First
b.
Fourth
c.
Fifth
d.
Eighth
Select Individual Rights in the Bill of Rights
CPCJ.FERD.16.1.5
7. If a person in prison believes he or she is being held in violation of the Constitution, they would most likely seek a
_____.
a.
writ of corpus delicti
b.
writ of habeas corpus
c.
bill of attainder
d.
prima facie case
b
Select Individual Rights in the Bill of Rights
CPCJ.FERD.16.1.4
8. Ex post facto laws _____.
a.
impose punishment by an act of the legislature
b.
are retroactive laws which act to the detriment of the accused
c.
guarantee that federal crimes, except impeachment, be tried before a jury
d.
retroactively enhance the rights of the accused
b
Individual Rights in the Original Constitution
CPCJ.FERD.16.1.4
9. The only crime defined in the United States Constitution is _____.
a.
attainder
b.
ex post facto
c.
forfeiture
d.
treason
d
Individual Rights in the Original Constitution
CPCJ.FERD.16.1.4
10. Judicial decisions have made it clear that “speech” goes beyond oral communication, including both artistic
expression and _____.
a.
violence when warranted
b.
symbolic speech
c.
unrestrained activity
d.
freedom of movement
b
Select Individual Rights in the Bill of Rights
CPCJ.FERD.16.1.5
11. The right to freedom of speech is considered a fundamental right. In cases involving a fundamental right, the _____
standard of review is used to resolve the case.
a.
legitimate regulation
b.
intermediate scrutiny
c.
strict scrutiny
d.
rational basis
Select Individual Rights in the Bill of Rights
CPCJ.FERD.16.1.6
12. The _____ restricts the establishment of any government-sponsored religion.
a.
proportionality clause
b.
symbolic speech clause
c.
free exercise clause
d.
probable cause clause
Select Individual Rights in the Bill of Rights
CPCJ.FERD.16.1.5
13. The Fourth Amendment prohibits _____ searches and seizures.
a.
unlawful
b.
surreptitious
c.
unreasonable
d.
unwarranted
Select Individual Rights in the Bill of Rights
CPCJ.FERD.16.1.5
14. Which of the following is most consistent with the principles of the crime control model?
a.
a strong appellate court system with multiple layers of appeals
b.
confidence in the police and prosecutors’ judgments
c.
a skepticism toward the decisions of police and prosecutors
d.
opposition to additional resources to build more prisons
Criminal Procedure as the Balance between Due Process and Crime Control
15. Freedom from double jeopardy is guaranteed by the _____.
a.
Second Amendment
b.
Third Amendment
c.
Fourth Amendment
d.
Fifth Amendment
A Brief History of the United States Constitution
16. The accused is placed in jeopardy (i.e., jeopardy attaches) when _____.
a.
(s)he is indicted
b.
(s)he is arraigned and enters a plea to the indictment
c.
the jury is sworn or, in cases tried without a jury, when the judge begins hearing testimony
d.
the jury returns a verdict
Select Individual Rights in the Bill of Rights
17. The privilege against self-incrimination applies to compelling a person to _____.
a.
appear in a lineup in which all individuals will read a standard script
b.
furnish a blood sample which might match that of the perpetrator
c.
make a statement which indicates they might be guilty
d.
furnish their fingerprints for comparison with the perpetrators
Select Individual Rights in the Bill of Rights
18. A “due process” clause is found in the _____ Amendments.
a.
Second and Fourth
b.
Fifth and Eleventh
c.
Fourth and Fourteenth
d.
Fifth and Fourteenth
Select Individual Rights in the Bill of Rights
19. The essence of “due process” is best described as _____.
a.
fairness
b.
adversarial
c.
timely notice
d.
equal protection
Criminal Procedure as the Balance between Due Process and Crime Control
CPCJ.FERD.16.1.6
20. The right to a speedy and public trial is part of the _____ Amendment.
a.
First
b.
Second
c.
Fourth
d.
Sixth
d
A Brief History of the United States Constitution
CPCJ.FERD.16.1.5
21. The _____, issued by the Continental Congress in 1776, contains an explicit statement that individuals have rights that
cannot be taken away and that these rights are “self–evident”?
a.
b.
c.
d.
b
A Brief History of the United States Constitution
CPCJ.FERD.16.1.2
22. The right to be free from excessive bail is guaranteed by the _____ Amendment.
a.
Sixth
b.
Seventh
c.
Eighth
d.
Tenth
A Brief History of the United States Constitution
CPCJ.FERD.16.1.5
23. The primary significance of the Marbury v. Madison decision is that it _____.
a.
created the judicial branch of government and asserted its independence
b.
declared that it is the duty of the judiciary to expound and interpret the law
c.
established the power and authority of the Chief Justice position on the Court
d.
applied the provisions in the Bill of Rights to state proceedings
b
A Brief History of the United States Constitution
CPCJ.FERD.16.1.3
24. The most significant effect of the Bail Reform Act of 1984 is to _____.
a.
imprison those who cannot afford to post money bail
b.
presume that bail should be granted while appeals are in process
c.
allow consideration of danger to the community posed by the defendant
d.
guarantee the defendant’s appearance at judicial proceedings
Select Individual Rights in the Bill of Rights
CPCJ.FERD.16.1.5
25. Cruel and unusual punishment is forbidden by the _____ Amendment.
a.
Fifth
b.
Seventh
c.
Eighth
d.
Ninth
A Brief History of the United States Constitution
CPCJ.FERD.16.1.5
26. The _____ Amendment has been used to make many of the provisions of the Bill of Rights applicable to the states.
a.
Fourteenth
b.
Thirteenth
c.
Fifth
d.
Fourth
A Brief History of the United States Constitution
CPCJ.FERD.16.1.6
27. Although there is inherent tension between the crime control and due process models, _____.
a.
criminal justice has consistently focused more on crime control
b.
criminal justice has consistently focused more on due process
c.
the relative emphasis on crime control or due process has shifted over time
d.
activities during the 1960s caused a marked shift towards crime control
Criminal Procedure as the Balance between Due Process and Crime Control
CPCJ.FERD.16.1.1
28. Following the Harmelin v. Michigan (1991) decision, the Eighth Amendment proportionality clause was _____.
a.
removed
b.
found to be broadly applicable
c.
found to prevent only grossly disproportionate sentences
d.
restricted to length of sentence and criminal fine issues
Select Individual Rights in the Bill of Rights
CPCJ.FERD.16.1.5
29. The _____ Amendment emphasizes that the Constitution did not intend, by expressly guaranteeing certain rights of the
people, to grant the government unlimited power to invade other rights of the people.
a.
Ninth
b.
Third
c.
Seventh
d.
Tenth
Select Individual Rights in the Bill of Rights
CPCJ.FERD.16.1.6
30. The absence of _____ was a substantial impediment to the ratification of the Constitution.
a.
a separation clause
b.
an entitlement statement
c.
tort legislation
d.
a Bill of Rights
d
A Brief History of the United States Constitution
CPCJ.FERD.16.1.2
31. The Constitution, as originally proposed to the States in 1787, contained the Bill of Rights.
a.
True
b.
False
False
A Brief History of the United States Constitution
CPCJ.FERD.16.1.2
32. The judicial branch of law expounds and interprets the law.
a.
True
b.
False
True
A Brief History of the United States Constitution
CPCJ.FERD.16.1.3
33. All ex post facto laws are retroactive.
a.
True
b.
False
True
Individual Rights in the Original Constitution
CPCJ.FERD.16.1.4
34. An advocate of the crime control model would support increased funding for police and prosecutors and to build more
prisons.
a.
True
b.
False
True
Criminal Procedure as the Balance between Due Process and Crime Control
CPCJ.FERD.16.1.1
35. In some situations, a second trial for the same offense is permitted.
a.
True
b.
False
True
Select Individual Rights in the Bill of Rights
CPCJ.FERD.16.1.5
36. Substantive criminal law establishes legal prescriptions and proscriptions, whereas procedural criminal law sets forth
the mechanisms through which substantive criminal laws are implemented.
a.
True
b.
False
True
A Brief History of the United States Constitution
CPCJ.FERD.16.1.5
37. The concepts of due process and equal protection are the same.
a.
True
b.
False
False
Select Individual Rights in the Bill of Rights
CPCJ.FERD.16.1.6
38. The main purpose of the original Constitution was to establish individual liberties and freedoms.
a.
True
b.
False
False
Individual Rights in the Original Constitution
CPCJ.FERD.16.1.2
39. The Sixth Amendment provides a right to be represented by counsel only in criminal prosecutions that may result in
imprisonment.
a.
True
b.
False
False
Select Individual Rights in the Bill of Rights
CPCJ.FERD.16.1.5
40. Article III of the Constitution establishes the structure and power of the federal court system.
a.
True
b.
False
True
CPCJ.FERD.16.1.3
41. Rules and regulations set forth by a government agency that is empowered through statutory law to make such rules
are categorized as _____________________ law.
administrative
A Brief History of the United States Constitution
CPCJ.FERD.16.1.3
42. The _____________________ approach held that the Due Process Clause of the Fourteenth Amendment applies rights
to state proceedings by considering each right on its own to determine whether the right is fundamental or not.
selective incorporation
CPCJ.FERD.16.1.5
43. The _____________________ branch of government creates most of the law of criminal procedure.
judicial
CPCJ.FERD.16.1.3
44. The Fourth Amendment’s _____________________ requirement stipulates that before an arrest warrant can be
issued, the applying officer must produce evidence showing by a fair probability that the specific person named
committed a specific offense.
Select Individual Rights in the Bill of Rights
CPCJ.FERD.16.1.5
45. The fundamental privileges and freedoms enjoyed by U.S. citizens are commonly referred to as
_____________________.
A Brief History of the United States Constitution
46. The Supreme Court of the 1960s made policing the police, as well as state courts, a distinctly federal concern. Today,
we refer to this shift in policy as the _____________________ revolution of the 1960s.
due process
Criminal Procedure as the Balance between Due Process and Crime Control
47. The power of the government to acquire private property is called _____________________.
eminent domain
Select Individual Rights in the Bill of Rights
48. According to the _____________________ doctrine, double jeopardy does not arise when federal and state courts
both have jurisdiction to prosecute.
dual sovereignty
49. Due process is violated if a practice or rule “offends some principle of justice so rooted in the traditions and
conscience or our people as to be ranked as _____________________.”
Criminal Procedure as the Balance between Due Process and Crime Control
50. Law made by judicial interpretation of statutes and regulations is called _____________________ law.
A Brief History of the United States Constitution
51. In no less than one paragraph, compare and contrast due process and crime control values.
Criminal Procedure as the Balance between Due Process and Crime Control
52. Convey the concept of proportionality. To what extent does the U.S. Supreme Court currently recognize
proportionality as a component of the Eighth Amendment?
53. Briefly relate the history of the early English Common Law, illustrating how it laid the foundation for the United
States Constitution.
54. Discuss and debate “symbolic speech” as interpreted by the courts under the First Amendment.
55. Compare and contrast the three standards of judicial review – strict scrutiny, intermediate scrutiny, and the rational
basis test.
56. Explain the two different types of freedoms having to do with religion.
57. Provide an example in which double jeopardy might ‘attach’ in a jury trial and a nonjury trial.
58. Explain the importance of subpoenas and compulsory process to a criminal trial.
59. Describe the function of a judicial review. Be sure to include important documents/cases that legitimize the notion of
judicial review.
60. Explain the importance of the Fourteenth Amendment and the right to due process.