CHAPTER 6 – CRIMINAL PROCEDURE
Multiple Choice
1. Which of the following is not an example of a popular (mixed) system?
A. Anglo American Jury trial system
B. Gacca courts in Rwanda
C. Mixed jury system in Japan
D. Chuzaisho in Japan
2. Popular (mixed) systems are available in all legal traditions except in which legal
tradition?
A. Common Law
B. Civil Law
C. Socialist Law
D. Sacred Law
3. In an adversarial system, which of the following is true?
A. The accused is obligated to cooperate with the government
B. The government has the right to ignore or suppress evidence that would help the
accused
C. The prosecutor is expected to prove guilt rather than potential innocence
D. Judicial control of the investigative process is the best way to uncover the truth
4. Which of our model countries has an adversarial system?
A. England
B. France
C. Germany
D. Japan
5. Which of the following countries has no right to trial by jury?
A. United States
B. England
C. Saudi Arabia
D. France
6. Which of the following is not a part of the pretrial investigation in France?
A. A public investigation headed mostly by the judge
B. Calling of witnesses on both sides
C. Extensive gathering of facts and testimony
D. Careful questioning of the accused prior to a final decision to bring the case to trial
7. Which of the following is not one of the steps in a typical Chinese trial?
A. Judges can question witnesses and expert witnesses
B. The Jury reads the final verdict
C. Judges can question the defendant
D. The victim can make a statement about the charges in the bill of prosecution
8. Criminal procedure in most Socialist countries is similar to and derived from criminal
procedures in:
A. Common Law systems
B. Civil Law systems
C. Islamic Law systems
D. Popular (mixed) systems
9. In Japan, lay assessors are called:
A. Saiban-in
B. Schoffen
C. Quadi
D. Kidotai
10. Which of our model countries uses non-judicial review?
A. England
B. France
C. Saudi Arabia
D. China
11. Which of our model countries uses abstract review?
A. England
B. France
C. Saudi Arabia
D. China
12. The right to remain silent is found in which Amendment to the U.S constitution:
A. Second Amendment
B. Fourth Amendment
C. Fifth Amendment
D. Fourteenth Amendment
13. Which of the constitutional review procedures can be described as an American
institution that, because of its success, has been adapted by many other nations of the
world?
A. Judicial review
B. No– review
C. Non-judicial review
D. Judicial review with legislative approval
14. What cannot be said of plea-bargaining?
A. In Common Law countries, a vast majority of criminal cases are settled through plea-
bargaining
B. Plea-bargaining ensures that justice is being done
C. Many more cases can be processed than could be under a “pure adversarial” system
D. The intricacies of the adversarial criminal procedure are largely evaded
15. Which of the following is not a supranational court?
A. European Court of Human Rights
B. United Nations Security Council
C. International Criminal Court
D. International Court of Justice
Sentence Completion
1. The __________________ system is a set of legal procedures used in Common Law
countries to determine the truth during adjudication whereby the prosecution and defense
counsel compete against each other while the judge ensures fairness and adherence to
rules.
2. One of the major criticisms of the adversarial system is called the ______________,
which allows for truth impairing procedures to suppress and distort the truth, with the
goal being to “win” the courtroom struggle.
3. __________________ refers to cases in which the accused agrees to plead guilty in
return for various concessions, such as a lesser charge or a reduced sentence.
4. The _______________ system calls for the participation of citizens who are not
necessarily criminal justice professionals.
5. The United States and England use a __________________, who carries out many legal
functions, including adjudicating traffic violations, some misdemeanors, small civil
claims and some domestic matters.
6. About _________ percent of criminal cases are settled through plea bargains in the
United States.
7. In France, the _______________ is the examining magistrate who is responsible for a
complete and impartial investigation of the facts.
8. In France, the ___________ is a complete record of the pretrial proceedings and it
informs the judges, the defense attorney and others about the testimony of key witnesses
and the evidence to be presented.
9. ___________________ courts and their decisions cross national boundaries and
supposedly have higher legal standing then decisions of courts in individual countries.
10. The organization responsible for the non-judicial form of constitutional review in China
is the ____________________________________________.
11. The French system is known as _____________________ because the council decides on
issues of constitutionality without hearing actual cases that have arisen under specific
laws.
12. International Criminal Tribunals have been created in _______________ and
__________________.
13. ______________________ operate with the support of the United Nations to prosecute
those responsible for crimes against humanity, war crimes, and violations of domestic
law.
14. The power of a court to review legal action and legal decisions made by those in the
criminal justice system is known as _______________.
15. The end result of _______________ seems to be a certain homogenization of criminal
procedure among the legal traditions.
True/False
1. In Europe, the adversarial system is also referred to as the accusatorial system.
2. The inquisitorial system has not been a main model of criminal procedure for many
years. It has been around for roughly 50 years.
3. Popular justice is the oldest of the procedural systems of justice, practiced long before the
formation of modern societies.
4. Germany uses lay judges, called “Schoffen,” extensively in courts of appeal for cases of
limited jurisdiction and for first level cases of general criminal jurisdiction.
5. The difference in the right to an attorney during the pretrial process illustrates how
English criminal procedure is more highly developed than American procedure.
6. Trial by jury today is used more than previously in Common Law systems.
7. In France, the reason for secrecy in pretrial investigation proceedings is to protect the
accused from adverse publicity prior to the determination that the government has a
strong case for prosecution.
8. In France, bail serves two purposes: to ensure the suspect will appear in court and to pay
fines or damages if he or she is found guilty.
9. The prevalent opinion amongst contemporary Muslim lawyers is that “traditional Islamic
law affords human rights protections to the criminally accused, comparable to those
recognized in modern international law.”
10. Japan’s ability to borrow from the different legal traditions of the world while retaining
its own social mores appears to have resulted in a very successful criminal justice system.
11. England, like the United States, has no judicial review procedures.
12. The growing influence of international and supranational courts can be cited as a reason
for increased convergence in the area of criminal procedure.
13. Aside from having no full jury, trials in Japan are very similar to those in
the United States.
14. The Rules of Criminal Procedure and Evidence were passed in 2002 as part of the Data
Statute to serve as the official rules for ICC judges and lawyers to follow during the
prosecution of offenders.
15. Critics of the adversarial system are concerned that correct criminal procedure has
become so extreme that predatory criminals who learn to manipulate the rules of the
system are likely to win the game despite their obvious guilt.
Short Answer Questions
1. Discuss the Popular (Mixed) System and cite examples within our model countries.
2. List the criminal procedure for each model country in regards to the right to remain silent,
right to jury by trial, and kind of procedural system.
3. Discuss the distinctive aspects of Socialist Law procedure.
4. Discuss how the International Criminal Court was brought about, and also discuss the
three ways the rules of the International Criminal Court (ICC) differ from other
supranational courts.
Essays
1. Discuss the differences between the adversarial and inquisitorial systems. Be sure to give
examples of model countries that use each system and also discuss criticisms of both
systems.
2. Discuss the four main methods of constitutional review used in the world today. Be sure
to include which model countries practice each method if any.
3. Give the definition of supranational courts and also discuss the three general forms of
supranational courts.
