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True / False
1. After conquering England in 1066, the Norman invaders instituted trial by ordeal.
a.
True
b.
False
2. One of the purposes of the rules of evidence is to help assure that defendants get a fair trial.
a.
True
b.
False
3. A presentment jury is the same as a trial or petit jury.
a.
True
b.
False
4. Habeas corpus was established under the Magna Carta.
a.
True
b.
False
5. The right of habeas corpus is protected by the U.S. Constitution.
a.
True
b.
False
6. The U.S. Declaration of Independence states that governments derive their power from consent of the
governed.
a.
True
b.
False
7. The first twelve Amendments to the U.S. Constitution are called the Bill of Rights.
a.
True
b.
False
8. When originally ratified, the Bill of Rights limited the powers of the federal government, but not the powers
of the states.
a.
True
b.
False
9. In the United States, the defense carries the burden of proving the defendant is not guilty.
a.
True
b.
False
10. In all states, a defendant has a right to grand jury review of the charges.
a.
True
b.
False
11. The prosecution is required by law to prove the defendant’s guilt beyond a reasonable doubt.
a.
True
b.
False
12. Under American law, criminal defendants have a right to a perfect (error free) trial.
a.
True
b.
False
13. The Sixth Amendment contains a right to counsel.
a.
True
b.
False
14. The Fifth Amendment requires that defendants receive notice of any charges brought against them.
a.
True
b.
False
15. The Sixth Amendment guarantees a speedy and public trial.
a.
True
b.
False
16. The prosecution can subpoena defendants and require that they testify at their own criminal trials.
a.
True
b.
False
17. The Eighth Amendment prohibits unreasonable searches and seizures.
a.
True
b.
False
18. The Sixth Amendment affords defendants a right to confront and cross-examine witnesses.
a.
True
b.
False
19. Even a single error at a trial automatically entitles the defendant to a new trial.
a.
True
b.
False
20. One of the most deeply rooted traditions of modern Anglo-Saxon law is that an accused is innocent until
proven guilty beyond a reasonable doubt.
a.
True
b.
False
Multiple Choice
21. The rules of evidence _____.
a.
determine what information will be available to the judge or jury at trial
b.
dictate who can be selected for jury duty
c.
specify the punishment for crimes
d.
require that all defendants have access to habeas corpus
22. In England, before the Norman invasion of 1066, guilt or innocence was determined by _____.
a.
presentment juries
b.
oaths and oath-helpers
c.
petit juries
d.
ordeals
23. The Magna Carta of 1215 was the first document establishing _____.
a.
minimum standards for arrest and imprisonment
b.
the divine right of kings
c.
that the monarchy was the only source of personal rights
d.
the writ of mandamus
24. The English common law writ (also adopted in the U.S.) that allowed challenges to the legality of custody or
imprisonment was the writ of _____.
a.
certiorari
b.
habeas corpus
c.
mandamus
d.
pro hac vice
25. According to the American Declaration of Independence (1776), the government derives its powers from
_____.
a.
divine right
b.
natural law
c.
the people by their consent
d.
the common law
26. The United States _____ guarantees protection of the writ of habeas corpus.
a.
Bill of Rights habeas corpus.
b.
Constitution
c.
Declaration of the Rights of Man
d.
Magna Carta
27. The first ten amendments to the U.S. Constitution are known as the _____.
a.
Habeas Corpus Act
b.
Bill of Rights
c.
Magna Carta
d.
Declaration of Rights
28. Under American law, the defendant is presumed innocent and the government must prove guilt _____.
a.
by a preponderance of the evidence
b.
to a moral certainty
c.
beyond a reasonable doubt
d.
by clear and convincing evidence
29. The right to a speedy and public trial is found in the _____ Amendment.
a.
Fourth
b.
Fifth
c.
Sixth
d.
Eighth
30. The privilege against self-incrimination, which includes the right of a defendant not to testify, is found in the
_____ Amendment.
a.
Fourth
b.
Fifth
c.
Sixth
d.
Eighth
31. The Confrontation Clause is found in the _____Amendment.
a.
Fourth
b.
Fifth
c.
Sixth
d.
Eighth
32. Through operation of the _____ Amendment, many provisions of the Bill of Rights now also limit the power
of the states.
a.
Tenth
b.
Thirteenth
c.
Fourteenth
d.
Fifteenth
33. Under American law, defendants have a right to a(n) _____ trial.
a.
error-free
b.
fair
c.
bench
d.
inquisitorial
34. Under the Sixth Amendment, defendants have a right to a(n) _____ jury.
a.
favorable
b.
well-informed
c.
intelligent
d.
impartial
35. Because it is not required by the U.S. Constitution, only about half the states give defendants a right to
_____.
a.
confront and cross-examine witnesses
b.
grand jury review
c.
have notice of the charges
d.
a speedy and public trial
36. The rules of evidence are important not only to safeguard the rights of accused persons in a fair trial but also
to ensure _____.
a.
the protection of public interests in the criminal justice system
b.
that the accused receives a perfect trial in a timely fashion
c.
that jurors are protected from viewing distressing evidence
d.
that there is no chance of an appeal once an individual is convicted
37. The _____ was the earliest legal procedure by which illegal or improper jailing or detention could be
challenged in a court of law.
a.
Appeal
b.
Inquisition
c.
Magna Carta
d.
Writ of Habeas Corpus
38. The Bill of Rights originally applied to the _____ government.
a.
federal
b.
state
c.
municipal
d.
county
39. The federal government requires a trial within _____ days for a felony unless the requirement for a speedy
trial is waived.
a.
30
b.
60
c.
70
d.
90
40. A suspect arrested without an arrest warrant must have a probable cause hearing before a judge or magistrate
"promptly," within _____ hours of the arrest, including weekends and holidays.
a.
24
b.
36
c.
48
d.
72
Case 1.1
Bob is pulled over for a motor vehicle violation. During the course of the motor vehicle stop the officer
determines that Bob had been drinking. He is arrested for DWI. Secondary to the arrest, the officer searches
Bob and finds a significant amount heroin on Bob’s person. Bob is additionally charged with possession and
distribution of heroin.
41. In the above scenario, which constitutional amendment covers the recovery of heroin found on Bob as a
result of his arrest for DWI?
a.
the section of the Sixth Amendment, that provides that “the accused shall enjoy the right to a speedy
and public trial”
b.
the section of the Sixth Amendment that provides that persons charged with a state or federal crime
have the right to counsel
c.
the Fourth Amendment, that forbids unreasonable searches and seizures by officers of the federal and
state governments
d.
the Fifth Amendment, that specifies the right of the defendant to remain silent
42. What is the level of proof needed for the officer to arrest Bob in the first place?
a.
an anonymous accusation that Bob has committed a crime
b.
probable cause or “reasonable grounds to believe”
c.
a preponderance of evidence.
d.
the officer's mere suspicion that Bob might be doing something wrong
43. What is the requisite level of proof to convict Bob on the charges of possession and distribution of heroin?
a.
mere suspicion
b.
probable cause
c.
preponderance of the evidence
d.
proof beyond a reasonable doubt
Case 1.2
It is 1166 A.D. and English Lord William Smith has been accused of crimes against the Crown by Lord Richard
Mason. He has been brought before the King to answer and be judged for his alleged crimes. If found guilty of
the alleged crimes, he will most likely be put to death.
44. Under the system of his time, what legal defense could Lord Smith use to prove his innocence?
a.
a trial by jury of his peers
b.
a writ of Habeas Corpus
c.
trial by battle
d.
interrogation by clergy
45. What 1215 legal document would have provided Lord Smith additional legal protections?
a.
The Bill of Rights
b.
The Code of Hammurabi
c.
The British Constitution
d.
The Magna Carta
46. If Lord Smith was being tried for a crime today is the United States, what level of proof would be necessary
for a conviction?
a.
mere suspicion
b.
probable cause
c.
preponderance of the evidence
d.
proof beyond a reasonable doubt
Case 1.3
Robert is at police headquarters being interviewed by detectives regarding a fire that destroyed his business.
What was a friendly discussion suddenly turns adversarial when the detectives accuse him of starting the fire to
collect insurance. They both tell him to think about what he wants to say about the crime and leave him alone in
a locked interview room.
47. Which constitutional amendment protects Robert from self-incrimination?
a.
First Amendment
b.
Second Amendment
c.
Fifth Amendment
d.
Fourth Amendment
48. Which constitutional amendment would prohibit detectives from looking through Robert's cell phone texts
without his consent?
a.
First Amendment
b.
Second Amendment
c.
Fifth Amendment
d.
Fourth Amendment
49. At this point, it is clear that Robert is not free to go and is being accused of a crime by detectives, although
they have not told him that he is under arrest. Which constitutional amendment governs Robert's detention at
police headquarters?
a.
First Amendment
b.
Second Amendment
c.
Fifth Amendment
d.
Fourth Amendment
50. The first form of jury in English history was the _____ jury.
51. Prior to the Norman invasion of England, the use of _____ was a common method of determining guilt or
innocence.
52. The English _____ of 1215 was an important step in limiting government power and granting rights.
53. The writ of _____ is a means of challenging the government’s authority to detain or imprison people.
54. The First ten Amendments to the U.S. Constitution are called the _____.
55. Under American law, the defendant is entitled to the presumption of _____.
56. The formal charging document issued by a grand jury is called a(n) _____.
57. Under American law, the prosecution must prove the defendant’s guilty beyond a _____ doubt.
58. Through operation of the _____ Amendment, most of the Bill of Rights’ provisions are also applicable
against the states.
59. The _____ Amendment gives defendants a right to a speedy and public trial.
60. The rules of _____ determine what information can be presented to the judge and/or jury.
61. The _____ Amendment gives defendants a right to notice of the charges, a right to counsel, and a right to
confront and cross-examine adverse witnesses.
62. Extensive listings of individual rights are found in the Fifth and _____ Amendments.
63. Protection against illegal search and seizure is guaranteed by the _____ Amendment.
64. The Magna Carta began the development of the legal concept that there had to be _____ cause to justify
arresting or holding a person in custody.
Essay
65. The Magna Carta greatly influenced the American Declaration of Independence. Discuss, in detail, the
ideals incorporated from the Magna Carta into the Declaration.
66. Discuss how habeas corpus defines/limits our judicial process for enemy combatants.
67. List the abuses by the English monarchy and the corrections of those abuses remedied by the U.S.
Constitution.
68. The foundation of the American criminal justice system was developed through the U.S. Constitution. What
are the guarantees of the Fifth and Sixth Amendments?
69. In Uttecht v. Brown, the U.S. Supreme Court established principles for excusing jurors. Identify these
principles and explain each.
70. Defendants in the United States whom are charged with felonies may lose their right to be present at their
trial under what situations?
71. The Supreme Court has ruled that there are four guiding principles that should be used when determining
whether a juror has been properly excused for cause in capital cases. What are those four principles?
72. The U.S. Supreme Court holds that a suspect arrested without an arrest warrant must have a probable cause
hearing before a judge or magistrate "promptly," of which is defined as being within 48 hours of the arrest,
including weekends and holidays. If this 48 hour rule is violated, what is the burden placed on the prosecution
and what may be the consequence of such an unwarranted delay?
