(Test Bank) Criminal Courts, A Contemporary Perspective

Hemmens,Brody,Spohn, 4

Criminology & Criminal Justice

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4th Edition

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Author(s): Hemmens, Brody, Spohn

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Hemmens, Criminal Courts, 4e SAGE Publishing, 2020 Chapter 1: Introduction: Law and the Judicial Function Test Bank Multiple Choice 1. Hammurabi’s Code governed relationships in society related to what? A. sexual behavior, property rights, theft, and acts of violence B. sexual behavior C. property rights D. acts of violence Ans: A REF: Cognitive Domain: Comprehension Answer Location: The Code of Hammurabi Difficulty Level: Medium 2. What perspective views law as basically a neutral framework for dealing with conflicts between individuals and groups who s hare the same set of fundamental values? A. the precedent perspective B. the Packer perspective C. the conflict perspective D. the consensus perspective Ans: D REF: Cognitive Domain: Comprehension Answer Location: Two Opposing Perspectives: Consensus and C onflict Difficulty Level: Medium 3. What perspective considers society to be composed of individuals and groups with different interests and characterized by conflict and dissention? A. the precedent perspective B. the Packer perspective C. the conflict p erspective D. the consensus perspective Ans: C REF: Cognitive Domain: Comprehension Answer Location: Two Opposing Perspectives: Consensus and Conflict Difficulty Level: Medium 4. According to the conflict perspective, laws work primarily for the benefit o f ______ . A. the rich B. the middle class C. the poor D. all citizens Ans: A Hemmens, Criminal Courts, 4e SAGE Publishing, 2020 REF: Cognitive Domain: Knowledge Answer Location: Two Opposing Perspectives: Consensus and Conflict Difficulty Level: Easy 5. Conflict perspective on law derives much from which philosopher? A. Thomas Aquinas B. Socrates C. Karl Marx D. Niccolò Machiavelli Ans: C REF: Cognitive Domain: Knowledge Answer Location: The Conflict Perspective Difficulty Level: Easy 6. Which of the following is not one of Reichel’s three irreducible el ements of law? A. supremacy of fundamental values B. universal application of the fundamental values C. holding government to the fundamental values D. the writing down of fundamental values Ans: B REF: Cognitive Domain: Knowledge Answer Location: The Rule of Law Difficulty Level: Easy 7. Which of the following is a set of instructions for how state agents must act within the criminal justice system? A. civil law B. criminal law C. due process D. the Bill of Rights Ans: D REF: Cognitive Domain: Knowledge Answer Location: The Rule of Law Difficulty Level: Easy 8. Packer’s crime control model focuses on which of the following? A. legal guilt B. factual guilt C. societal guilt D. individual guilt Ans: B REF: Cognitive Domain: Knowledge Answer Location: Two Mo dels of Criminal Justice Difficulty Level: Easy 9. Packer’s due process model focuses on which of the following? Hemmens, Criminal Courts, 4e SAGE Publishing, 2020 A. legal guilt B. factual guilt C. societal guilt D. individual guilt Ans: A REF: Cognitive Domain: Knowledge Answer Location: Two Models of C riminal Justice Difficulty Level: Easy 10. Which of the following is not an important aspect of the crime control model? A. rituals B. efficiency C. finality D. speed Ans: A REF: Cognitive Domain: Knowledge Answer Location: Two Models of Criminal Justice Difficulty Level: Easy 11. Which metaphor best describes the due process model of the criminal justice process? A. horse race B. obstacle course C. assembly line D. funeral procession Ans: B REF: Cognitive Domain: Knowledge Answer Location: Two Models of Criminal Justice Difficulty Level: Easy 12. According to the due process model, fact-finding procedures should be all but which of the following? A. efficient B. formal C. adversarial D. adjudicative Ans: A REF: Cognitive Domain: Comprehension Answer Loca tion: Two Models of Criminal Justice Difficulty Level: Medium 13. What case gave the Supreme Court the power to examine a law and determine whether it is constitutional? A. Marbury v. Madison B. Brown v. Board of Education C. Plessy v. Ferguson Hemmens, Criminal Courts, 4e SAGE Publishing, 2020 D. United States v. Booker Ans: A REF: Cognitive Domain: Knowledge Answer Location: Judicial Review Difficulty Level: Easy 14. There are two important and unique roles the courts play in the criminal justice system. The first is adjudication of criminal offenses. W hat is the second? A. arrest B. oversight C. charging D. appealing Ans: B REF: Cognitive Domain: Knowledge Answer Location: The Role of Courts in the Criminal Justice System Difficulty Level: Easy 15. Equity principles are used heavily in what types of la w? A. criminal and civil B. common and criminal C. tort and property D. family and contract Ans: D REF: Cognitive Domain: Knowledge Answer Location: What Is the Relationship of Law to Justice? Difficulty Level: Easy 16. Which of Packer’s models favors the plea-bargaining process? A. crime control B. due process C. both crime control and due process D. neither crime control nor due process Ans: A REF: Cognitive Domain: Analysis Answer Location: Two Models of Criminal Justice Difficulty Level: Medium 17. What term means “let the decision stand?” A. ratio decidendi B. obiter dicta C. stare decisis D. ipso facto Ans: C REF: Cognitive Domain: Knowledge Answer Location: Stare Decisis Difficulty Level: Easy Hemmens, Criminal Courts, 4e SAGE Publishing, 2020 18. Which of the following best describes how judge s “make law ?” A. writing legislation B. interpreting statutes C. issuing executive orders D. sentencing offenders Ans: B REF: Cognitive Domain: Knowledge Answer Location: Precedent Difficulty Level: Easy 19. The c ommon law was created by ______ . A. judge s B. parliament C. the people D. the U.S. Congress Ans: A REF: Cognitive Domain: Knowledge Answer Location: Development of the Common -Law System Difficulty Level: Easy 20. Which of the following is the most common court function? A. adjudication B. oversi ght C. precedent D. stare decisis Ans: A REF: Cognitive Domain: Knowledge Answer Location: Adjudication Difficulty Level: Easy 21. The view of human nature that sees human beings as basically exploitive and duplicitous creatures underlies what perspective of the law? A. the due process perspective B. the crime control perspective C. the consensus perspective D. the conflict perspective Ans: D REF: Cognitive Domain: Analysis Answer Location: The Conflict Perspective Difficulty Level: Medium 22. Which is th e only court that sets precedent for all U.S. federal courts? A. the U.S. Supreme Court B. the D.C. Court of Appeals C. the International Criminal Court Hemmens, Criminal Courts, 4e SAGE Publishing, 2020 D. the U.N. Court of Appeals Ans: A REF: Cognitive Domain: Application Answer Location: Precedent Difficulty Level: Hard 23. What is the principle establishing the value and authority of precedent? A. ex post facto B. corpus juris C. habeas corpus D. stare decisis Ans: D REF: Cognitive Domain: Knowledge Answer Location: Stare Decisis Difficulty Level: Eas y 24. Which of the following is not a form of judicial oversight? A. ensuring proper actions of police B. ensuring proper actions of lower courts C. ensuring proper actions of the legislature D. ensuring proper actions of the population at large Ans: D REF: Cognitive Domain: Application Answer Location: Oversight Difficulty Level: Hard 25. Who is often referred to as the “father of common law ?” A. Henry II B. Jeremy Bentham C. Karl Marx D. Hammurabi Ans: A REF: Cognitive Domain: Knowledge Answer Location: Development of the Common -Law System Difficulty Level: Easy True/False 1. The Latin term lex talionis was clearly stated in the Code of Hammurabi and means “eye for an eye, tooth for a tooth.” Ans: T REF: Cognitive Domain: Knowledge Answer Location: T he Code of Hammurabi Difficulty Level: Easy 2. Courts are static bodies where decisions do not change. Hemmens, Criminal Courts, 4e SAGE Publishing, 2020 Ans: F REF: Cognitive Domain: Knowledge Answer Location: Why Study Courts? Difficulty Level: Easy 3. The U.S. court system has a simple set of rules an d procedures. Ans: F REF: Cognitive Domain: Knowledge Answer Location: Why Study Courts? Difficulty Level: Easy 4. According to the rule of law, the fundamental values of a nation must be committed to writing. Ans: T REF: Cognitive Domain: Comprehension Answer Location: The Rule of Law Difficulty Level: Medium 5. Judicial review means that a court has the power to determine the constitutionality of a law. Ans: T REF: Cognitive Domain: Knowledge Answer Location: Judicial Review Difficulty Level: Easy 6. Due process applies to anyone threatened by the state with loss of life, liberty, or property. Ans: T REF: Cognitive Domain: Comprehension Answer Location: The Rule of Law Difficulty Level: Medium 7. The crime control model is most concerned with ensuring the rights of defendants. Ans: F REF: Cognitive Domain: Comprehension Answer Location: Two Models of Criminal Justice Difficulty Level: Medium 8. The assembly line is a metaphor for the due process model. Ans: F REF: Cognitive Domain: Analysis Answer Loca tion: Two Models of Criminal Justice Difficulty Level: Medium 9. The conflict model see s society as an integrated network of institutions held together by a common set of values. Hemmens, Criminal Courts, 4e SAGE Publishing, 2020 Ans: F REF: Cognitive Domain: Analysis Answer Location: Two Opposing Perspec tives: Consensus and Conflict Difficulty Level: Medium 10. The due process and crime control models have zero tolerance for mistakes. Ans: F REF: Cognitive Domain: Analysis Answer Location: Two Models of Criminal Justice Difficulty Level: Medium 11. Fact ual guilt and legal guilt are not the same . Ans: T REF: Cognitive Domain: Analysis Answer Location: Two Models of Criminal Justice Difficulty Level: Medium 12. Turning to the courts to settle disputes is a relatively recent trend in America. Ans: F REF: C ognitive Domain: Knowledge Answer Location: Judicial Functions Difficulty Level: Easy 13. Court decisions that establish precedent are known as ratio decidendi. Ans: T REF: Cognitive Domain: Knowledge Answer Location: Stare Decisis Difficulty Level: Easy 14. The idea of a false consciousness was developed by Karl Marx and means that the working classes have accepted an ideological worldview that is contrary to their best interests. Ans: T REF: Cognitive Domain: Application Answer Location: The Conflict Pe rspective Difficulty Level: Hard 15. Marx and Engels reference the idea of false consciousness to discuss exploitation. Ans: T REF: Cognitive Domain: Knowledge Answer Location: The Conflict Perspective Difficulty Level: Easy Short Answer 1. As discussed in your textbook, what are the three primary judicial functions? Hemmens, Criminal Courts, 4e SAGE Publishing, 2020 Ans: First, courts settle disputes by providing a forum for obtaining justice and resolving disputes through the application of legal rules and principles. It is in court that injured partie s may seek compensation and the state may seek to punish wrongdoers. Second, courts make public policy decisions. Policy -making involves the allocation of limited resources (such as money and property) to competing interests. America has a long tradition o f settling difficult policy questions in the courtroom rather than in the legislature. Third, courts serve to clarify the law through interpretation of statutes and the application of general principles to specific fact patterns. REF: Cognitive Domain: Analysis Answer Location: Why Study Courts? Difficulty Level: Medium 2. What are the two ways that judges can address a situation where they decide that precedent is no longer valid and should not be followed? Ans: Occasionally, judges will decide that the p recedent is no longer valid and should not be followed. They can handle this in two ways. They can simply ignore the earlier case and decide the case at hand as if there was no binding precedent, or they can overrule the earlier case. Often , the process of overruling a precedent is gradual. The court finds more and more circumstances that distinguish new cases from the earlier case, until it becomes obvious that the precedent has outlived its usefulness. Former Supreme Court Justice William O. Douglas (1974 ) argued that this gradual erosion of precedent “breeds uncertainty” since “years of litigation may be needed to rid the law of mischievous decisions which should have fallen with the first of the series to be overruled.” REF: Cognitive Domain: Knowledge Answer Location: Precedent Difficulty Level: Easy 3. Discuss the role of ratio decidendi and obiter dicta in establishing legal principle. Ans: Precedent establishes a legal principle, but not every pronouncement that a court makes in a ruling establishes precedent. Pronouncements that do are known as ratio decidendi (“the reason for the decision”), which is the legal principle or rationale used by the courts to arrive at their decisions. Additional supporting statements are called obiter dicta (“things sai d by the way”) or simply dicta. These statements are other legal or nonlegal arguments used to support the ratio decidendi and do not constitute precedent. REF: Cognitive Domain: Knowledge Answer Location: Stare Decisis Difficulty Level: Easy 4. What are the two primary roles played by the courts in the criminal justice system? Which of the two roles do you believe is the most important? Ans: The primary role played by the courts is to adjudicate criminal offenses --to process defendants who have been arres ted by the police and formally charged with criminal offenses. Prosecutors decide who should be charged and then, provided a plea agreement does not circumvent trial, the defendant is brought to court. Courts, particularly the appellate courts, provide ove rsight, not just over the lower courts but Hemmens, Criminal Courts, 4e SAGE Publishing, 2020 over the criminal justice system in general. First, when cases are appealed to a higher level, the appellate court decides whether proper procedure was followed at the lower level. The appellate court may be asked to decide whether the procedures used to select the jury were appropriate, whether the defendant was denied effective assistance of counsel, or whether the trial court judge should have moved the case to another jurisdiction because of prejudicial pretria l publicity. The appellate decision may come months or even years after the trial that led to the appeal, but the very ability of the appellate court to influence what can happen or should have happened at the lower level is the essence of oversight. REF: Cognitive Domain: Analysis Answer Location: Oversight Difficulty Level: Medium 5. Explain and contrast the consensus and conflict perspective. Which perspective do you most agree with and why? Ans: The consensus perspective asserts that social stability i s achieved through cooperation, shared values, and the cohesion and solidarity that people feel by being part of a shared culture? Consensus theorists emphasize how society is structured to maintain its stability and view it as an integrated network of ins titutions (the family, church, school, economy, government) that function to maintain social order and the system as a whole. Conflict theorists consider society to be composed of individuals and groups with sharply different interests and to be characteri zed by conflict and dissention. People and groups everywhere, they maintain, seek to maximize their interests. REF: Cognitive Domain: Analysis Answer Location: Two Opposing Perspectives: Consensus and Conflict Difficulty Level: Medium 6. What are the thr ee irreducible elements of the rule of law according to Reichel? Which do you believe is the most important and why? Ans: The rule of law requires a nation to recognize the supremacy of certain fundamental values and principles, these values and principles must be committed to writing, and a system of procedures that holds the government to these principles and values must be in place. The first element is relatively unproblematic; it is difficult to imagine a modern organized society not recognizing a set of fundamental values that they hold supreme. These ultimate principles may be secular or religious. The second element is also relatively unproblematic. Any culture possessing a written language would be expected to put such important guiding principles i nto writing so that all may refer to them. Documents containing these principles may be the culture’s holy books or a nation’s constitution. The third element is much more problematic because it determines whether a country honors its fundamental values in practice as well as in theory. REF: Cognitive Domain: Knowledge Answer Location: What Is the Relationship of Law to Justice? Difficulty Level: Easy Hemmens, Criminal Courts, 4e SAGE Publishing, 2020 7. What is, perhaps, the most significant difference between the courts and other branches of government? Ans: Courts are different from the other branches of government in many ways, but perhaps the most significant difference is that courts are reactive --courts do not initiate cases but rather serve to settle controversies brought to them by others --plaintif fs and defendants, in legal parlance. This frequently involves the interpretation of statutes written by the legislature. REF: Cognitive Domain: Knowledge Answer Location: Judicial Functions Difficulty Level: Easy 8. How do the due process model and crime control model differ in terms of their goals? Which goal do you most agree with and why? Ans: The goal of the crime control model is controlling crime , while the goal of the due process model is protecting rights of the defendant. As this suggests, the go al is to move cases through the justice process as swiftly as possible. Suspects who are “probably innocent” are screened out early in the process by police and prosecutors; those who are “probably guilty” are moved quickly and perfunctorily through the remaining stages in the process and are convicted, usually by a plea of guilty, as expeditiously as possible. Thus, the system achieves the goal of controlling crime by separating the innocent from the guilty early in the process, by extracting early guilty pleas from those who are not screened out by police and prosecutors, and by avoiding trials. The crime control model is willing to sacrifice some reliability in pursuit of efficiency. It tolerates mistakes up to the level at which they interfere with the g oal of preventing crime; if too many guilty people go free or if there is a general view that the system is not reliable, crime might increase rather than decrease. REF: Cognitive Domain: Analysis Answer Location: Two Models of Criminal Justice Difficulty Level: Medium 9. Briefly explain Marx’s concept of false consciousness. Do you agree? Why or why not? Ans: The working class has accepted an ideological worldview that is contrary to their best interests. Workers have been duped into accepting the legitim acy of the law by the ruling classes and are not aware that the law does not serve them. REF: Cognitive Domain: Knowledge Answer Location: The Conflict Perspective Difficulty Level: Easy 10. Briefly explain the two important and unique roles the courts pl ay in the criminal justice system. Ans: One important and unique role the courts play in the criminal justice system is by adjudication. This is the processing of defendants who have been arrested by the police and formally charged with criminal offenses. This is most prevalent in limited and general jurisdiction courts at the state level and in U.S. district courts at the federal level. The second role of the court is oversight. This is done by appellate courts having Hemmens, Criminal Courts, 4e SAGE Publishing, 2020 the ability to oversee the lower cour ts and the criminal justice system in general. The very ability of the appellate courts to influence what can happen or should have happened at the lower level is the essence of oversight. Appellate courts also provide oversight over the actions of other c riminal justice officials (e.g., Tennessee v. Garner -- the police). REF: Cognitive Domain: Comprehension Answer Location: The Role of Courts in the Criminal Justice System Difficulty Level: Medium Essay 1. Explain the concept of judicial review. Why is ju dicial review important? Ans: Judicial review means the court has the power to examine a law and determine if it is constitutional. In order to determine if a law is constitutional, courts must examine the law and compare it to the Constitution. In doing so, the court must interpret both the language of the statute and the Constitution. Judicial review is important because it assigns the duty of interpreting the Constitution and applying it to particular fact situations to the judiciary. The courts must th en decide if a law is in violation of the Constitution and, if so, to declare it null and void. Judicial review was established in the case of Marbury v. Madison (1863). REF: Cognitive Domain: Analysis Answer Location: Judicial Review Difficulty Level: Me dium 2. What are precedent and stare decisis? How do they work together? Which do you think is the most important? Ans: Every final decision by a court creates precedent. Precedent governs the court issuing the decision and any lower or inferior courts in that jurisdiction. Stare decisis means “let the decision stand.” Under the principle of stare decisis, if there is a prior decision on a legal issue that applies to a current case, the court will be guided by that prior decision and apply the same legal p rinciples in the current case. In situations in which the law is ambiguous and the same issue has come up before, it makes sense to look to past decisions --that is, to precedent --to see how the matter has been resolved previously. Stare decisis is the prin ciple behind establishing the value of prior decisions or precedent. REF: Cognitive Domain: Analysis Answer Location: Development of the Common -Law System Difficulty Level: Medium 3. Compare and contrast the due process model and crime control model of cr iminal justice. Which one do you find most beneficial for the criminal justice system? Which do you believe we currently use in the criminal justice system. Ans: The due process and crime control models are both ideals of the criminal justice process creat ed by Packer. The crime control model views criminal justice system as an assembly line , while the due process model views it as an obstacle course. While the goal of the criminal justice system for the crime control model is controlling crime, Hemmens, Criminal Courts, 4e SAGE Publishing, 2020 protecting rights of defendants is the goal of the due process model. The crime control model emphasizes values such as efficiency, speed, and finality , while the due process model emphasizes reliability. The crime control model relies on an informal process of adjud ication by screening cases through police and prosecutors. The due process model has a more formal adjudication process and focuses on the issues surrounding the adversarial procedures of a case. Finally, the crime control model is more concerned with fact ual guilt , while the due process model is more concerned with legal guilt. REF: Cognitive Domain: Analysis Answer Location: Two Models of Criminal Justice Difficulty Level: Medium 4. Give your own brief definition of a “law” and describe some of the diffe rences between civil law and common law. Ans: Law is a written body of rules of conduct applicable to all members of a defined community, society, or culture that emanate from a governing authority and are enforced by its agents by the imposition of penalt ies for their violation. Civil law is written rather than unwritten: As opposed to the common law’s slow accumulation of case law derived from decisions based on local customs, the Napoleonic Code and its successors are all codes of conduct (statutes) writ ten from above and imposed on citizens and subjects below. In civil law , precedent is not officially recognized. The codes laid down in civil law are complete the day they are enacted and are not subject to judicial review. As such, there is no need to ref er to past cases for guidance. In practice, however, no code is so complete as to provide unambiguous guidance in all matters coming before the courts, and civil law judges often refer to case law and thus to precedent. The main difference between the comm on and civil law approaches is that in civil law, precedent is not binding. Civil law is also inquisitorial rather than adversarial: This is the primary distinguishing feature of civil law vis -à-vis common law. The inquisitorial system is a system of exten sive investigation and interrogations carried out to ensure that an innocent person is not subjected to trial. The term inquisition should be thought of as denoting “inquiry” as the term adversarial denotes “contest.” The inquisitorial focus is on truth an d not so much on procedure, so many of the procedural protections afforded suspects in common -law countries either do not exist or exist in modified form. Civil law has traditionally made little use of juries: There is some use of juries in civil law count ries in very serious criminal cases, but they don’t have the same role that they have in common -law countries. Juries consist of three professional judges and nine laypersons. In a jury trial, all jurors and judges are allowed to question witnesses and the accused. Jury deliberations are doubtless dominated by the professional judges on whom the laypersons must rely for explanations of law, but guilt or innocence is determined by a secret ballot in which each of the 12 votes are of equal importance. A verdi ct requires agreement of at least 8 of the 12 jurors rather than unanimity. Judicial review is used sparingly in civil law: The French equivalent of the American Supreme Court in terms of dealing with constitutional issues is the Conseil Constitutionnel (C onstitutional Council). This entity is unique among national supreme Hemmens, Criminal Courts, 4e SAGE Publishing, 2020 courts in that it lies outside the judicial system (it is a council, not a court hearing cases forwarded to it from lower courts). The council’s main function is to rule on the constituti onality of proposed legislation, not legislation already in effect, when requested to do so by leaders of the various political parties. Some civil law countries tend to view the practice of judicial review of legislation as inherently antidemocratic and a violation of the separation of powers principle. The reason that the American model of judicial review is rejected in France is that the French believe that important decisions affecting large numbers of people should be made by legislators elected by and accountable to the voters, not by appointees with lifetime tenure. REF: Cognitive Domain: Analysis Answer Location: Comparative Courts Difficulty Level: Medium 5. Compare and contrast consensus and conflict theories of law. Which do you believe is the mo st important and why? Ans: Conflict and consensus theories are both perspectives on society and how laws interact with society. More specifically, the consensus theory emphasizes how society is structured to maintain stability and view it as an integrated network of institutions that function to maintain social order and the system as a whole. Stability is achieved through cooperation and shared values. Conflicts are temporary. Law is a just and necessary mechanism for controlling behavior. Law is seen as r eflecting the community’s deeply held values and is a legitimate expression of morality and custom. If coercion is needed, it is because the individual, not the law, is flawed. The law is followed out of respect and is willingly supported by all good peopl e. The belief is that society is basically good. The conflict theory differs from the consensus in that it considers society to be composed of individuals and groups with sharply different interests and is characterized by conflict and dissention. People a nd groups seek to maximize their interests , and since resources are limited, conflict is inevitable and continuous. Social institutions function to maintain the privilege of the few and to keep the many subservient to them. The theory sees human nature as exploitive and asserts that the law functions to preserve the power and privilege of the most exploitive individuals. The law exists to settle conflicts and restore social peace, but conflicts are always settled in favor of the ruling class over the ruled. The working class accept a false consciousness (ideological worldview that is contrary to their best interests) that is generated by the ruling class. REF: Cognitive Domain: Analysis Answer Location: Two Opposing Perspectives: Consensus and Conflict Difficulty Level: Medium Hemmens, Criminal Court s, 4e SAGE Publishing, 2020 Chapter 2: Sources of Law Test Bank Multiple Choice 1. Which of the following is not a source of law? A. judicial opinions B. statutes C. constitutions D. public opinion Ans: D REF: Cognitive Domain: Knowledge Answer Location: Sources of Law Difficulty Level: Easy 2. Which of the following group or individual literally make(s) law? A. appeals court justices (as a group) B. the Chief Justice of the U.S. Supreme Court (as an individual) C. Congress D. the President of the United States Ans: C REF: Cognit ive Domain: Knowledge Answer Location: Sources of Law Difficulty Level: Easy 3. Administrative regulations are another form of ______ . A. regular crime B. legislation C. constitutional violation D. moral offense Ans: B REF: Cognitive Domain: Knowledge Answer Location: Sources of Law Difficulty Level: Easy 4. Sources of individual rights include all EXCEPT which of the following? A. executive orders B. constitutions C. case law D. legislation Ans: A REF: Cognitive Domain: Comprehension Hemmens, Criminal Court s, 4e SAGE Publishing, 2020 Answer Location: So urces of Individual Rights Difficulty Level: Medium 5. The dual -sovereignty doctrine relates to which fundamental right? A. freedom of speech B. freedom of religion C. right to bear arms D. right against double jeopardy Ans: D REF: Cognitive Domain: Knowl edge Answer Location: Fifth Amendment Difficulty Level: Easy 6. Which of the following is not a right mentioned by name in the U.S. Constitution? A. prohibition on bills of attainder B. prohibition on ex post facto laws C. right to habeas corpus D. right to privacy Ans: D REF: Cognitive Domain: Knowledge Answer Location: Table 2.1 Individual Rights Contained in the Bill of Rights Difficulty Level: Easy 7. The First Amendment provides which of the following rights? A. speech B. press C. assembly D. all of the above Ans: D REF: Cognitive Domain: Knowledge Answer Location: First Amendment Difficulty Level: Easy 8. What amendment prohibits the forced quartering of soldiers? A. the Second Amendment B. the Third Amendment C. the Seventh Amendment D. nowhere in the Constitution Ans: B REF: Cognitive Domain: Knowledge Answer Location: Third Amendment Difficulty Level: Easy 9. The Fourth Amendment bans all searches and seizures that are ______ . A. “unforeseen ” B. “uncomfortable ” Hemmens, Criminal Court s, 4e SAGE Publishing, 2020 C. “irrational ” D. “unreasonable ” Ans: D REF: Cognitive Domain: Knowledge Answer Location: Fourth Amendment Difficulty Level: Easy 10. What is the level of proof required to search a place or seize an item or person? A. absolute certainty B. beyond a reasonable doubt C. probable cause D. preponderance of the evidence Ans: C REF: Cognitive Domain: Knowledge Answer Location: Fourth Amendment Difficulty Level: Easy 11. The protection from double jeopardy is found in the ______. A. Third Amendment B. Fifth Amendment C. Sixth Amendment D. Seve nth Amendment Ans: B REF: Cognitive Domain: Knowledge Answer Location: Fifth Amendment Difficulty Level: Easy 12. What is it called when the trial jury is unable to reach a unanimous verdict in a case that requires unanimity? A. a hung jury B. an acquitta l C. a conviction D. an indictment Ans: A REF: Cognitive Domain: Knowledge Answer Location: Fifth Amendment Difficulty Level: Easy 13. The requirement of the Miranda warning is based in which amendment ? A. First Amendment B. Fourth Amendment C. Fifth Amen dment D. Eighth Amendment Ans: C REF: Cognitive Domain: Knowledge Answer Location: Current Research Hemmens, Criminal Court s, 4e SAGE Publishing, 2020 Difficulty Level: Easy 14. Which of the following rights is not found in the Sixth Amendment? A. trial by an impartial jury B. public trial C. representati on by counsel D. defendant not required to testify Ans: D REF: Cognitive Domain: Knowledge Answer Location: Sixth Amendment Difficulty Level: Easy 15. At what point does the law require a defendant be allowed the assistance of counsel? A. as soon as the c rime in question has been committed B. at any critical stage in the investigative process C. at the point of arrest D. at the beginning of the trial process (i.e., first appearance) Ans: B REF: Cognitive Domain: Comprehension Answer Location: Sixth Amendme nt Difficulty Level: Medium 16. Opponents of gun control legislation seize upon the ______ as support for their claim that the state may not limit the possession and use of firearms. A. First Amendment B. Second Amendment C. Fifth Amendment D. Eighth Amen dment Ans: B REF: Cognitive Domain: Comprehension Answer Location: Second Amendment Difficulty Level: Medium 17. Which commonly held right is not expressly mentioned in the Bill of Rights but is merely inferred? A. right to freedom of the press B. right to privacy C. right to freedom from excessive bail D. right to a trial by an impartial jury Ans: B REF: Cognitive Domain: Comprehension Answer Location: Table 2.1 Individual Rights Contained in the Bill of Rights Difficulty Level: Medium Hemmens, Criminal Court s, 4e SAGE Publishing, 2020 18. The due proces s of the Fourteenth Amendment is identical to the due process clause in what other amendment ? A. First Amendment B. Twelfth Amendment C. Thirteenth Amendment D. Fifth Amendment Ans: D REF: Cognitive Domain: Comprehension Answer Location: Incorporation of t he Bill of Rights Into the Fourteenth Amendment Difficulty Level: Medium 19. The Due Process Clause is incorporated by the ______ Amendment. A. Ninth B. Tenth C. Fourteenth D. Eighteenth Ans: C REF: Cognitive Domain: Comprehension Answer Location: Incorp oration of the Bill of Rights Into the Fourteenth Amendment Difficulty Level: Medium 20. Rights that are “essential to the concept of ordered liberty” are referred to as ______. A. fundamental rights B. human rights C. citizens’ rights D. living rights Ans: A REF: Cognitive Domain: Comprehension Answer Location: Fundamental Rights Difficulty Level: Medium 21. Under which standard of review are state actions assumed to be presumptively valid? A. strict scrutiny B. intermediate scrutiny C. rational basis te st D. reasonable basis test Ans: C REF: Cognitive Domain: Comprehension Answer Location: Standard of Review Difficulty Level: Medium 22. Which of the following is not a standard of review used to evaluate the justification of infringing on citizens’ right s? A. strict scrutiny Hemmens, Criminal Court s, 4e SAGE Publishing, 2020 B. intermediate scrutiny C. rational basis test D. reasonable basis test Ans: D REF: Cognitive Domain: Comprehension Answer Location: Incorporation of the Bill of Rights Into the Fourteenth Amendment Difficulty Level: Medium 23. Legi slators felt the need to incorporate the Bill of Rights because of which historical event? A. the Louisiana Purchase B. the Civil War C. the War of 1812 D. the Great Depression Ans: B REF: Cognitive Domain: Comprehension Answer Location: Fourteenth Amendme nt Difficulty Level: Medium 24. What name is given to the concept that the Bill of Rights creates other rights when taken in its entirety? A. complete incorporation B. combined incorporation C. exponential total incorporation D. total incorporation plus Ans: D REF: Cognitive Domain: Comprehension Answer Location: Total Incorporation Plus Difficulty Level: Medium 25. What method of incorporation is the approach that seems to predominate in most Supreme Court cases? A. total incorporation B. fundamental incorporation C. total incorporation plus D. selective incorporation Ans: D REF: Cognitive Domain: Comprehension Answer Location: Selective Incorporation Difficulty Level: Medium True/False 1. Classifications that are either without reason or based on race or gender are sometimes referred to as suspect classifications. Ans: T Hemmens, Criminal Court s, 4e SAGE Publishing, 2020 REF: Cognitive Domain: Analysis Answer Location: Fourteenth Amendment Difficulty Level: Medium 2. The first portion of the First Amendment is often referred to as the establishment clause. Ans: T REF: Cognitive Domain: Comprehension Answer Location: First Amendment Difficulty Level: Medium 3. Only the federal government has the authority to enact administrative regulations. Ans: F REF: Cognitive Domain: Comprehension Answer Location: S ources of Law Difficulty Level: Medium 4. The Sixth Amendment prohibits placing someone in double jeopardy. Ans: F REF: Cognitive Domain: Knowledge Answer Location: Fifth Amendment Difficulty Level: Easy 5. The right to bear arms is a “collective right.” Ans: F REF: Cognitive Domain: Comprehension Answer Location: Second Amendment Difficulty Level: Medium 6. The Constitution clearly lays out what is meant by a “reasonable” and “unreasonable” seizure. Ans: F REF: Cognitive Domain: Comprehension Answer Loc ation: Sources of Individual Rights Difficulty Level: Medium 7. Due to the prohibition against double jeopardy, a person cannot be sued civilly for damages caused by a crime for which he or she was already tried and convicted in criminal court. Ans: F REF: Cognitive Domain: Comprehension Answer Location: Fifth Amendment Difficulty Level: Medium 8. The Eighth Amendment prohibits excessive bail. Ans: T Hemmens, Criminal Court s, 4e SAGE Publishing, 2020 REF: Cognitive Domain: Comprehension Answer Location: Eighth Amendment Difficulty Level: Medium 9. Accuse d defendants must stand trial within 30 days of their arrest. Ans: F REF: Cognitive Domain: Comprehension Answer Location: Fifth Amendment Difficulty Level: Medium 10. Indigent defendants must be provided with an attorney for any offense. Ans: F REF: Cogn itive Domain: Comprehension Answer Location: Sixth Amendment Difficulty Level: Medium 11. The Fourteenth Amendment is very brief. Ans: F REF: Cognitive Domain: Comprehension Answer Location: Due Process and the Fourteenth Amendment Difficulty Level: Medi um 12. The Reconstruction Amendments include the Thirteenth , Fourteenth , and Fifteenth Amendments. Ans: T REF: Cognitive Domain: Comprehension Answer Location: Due Process and the Fourteenth Amendment Difficulty Level: Medium 13. The Equal Protection Cla use of the Fourteenth Amendment bans all classifications and distinctions among people. Ans: F REF: Cognitive Domain: Comprehension Answer Location: Fourteenth Amendment Difficulty Level: Medium 14. Substantive due process prevents legislatures from infri nging on the right of privacy. Ans: T REF: Cognitive Domain: Analysis Answer Location: Incorporation of the Bill of Rights Into the Fourteenth Amendment Difficulty Level: Medium 15. The total incorporation plus approach goes a step further than the total incorporation approach. Ans: T REF: Cognitive Domain: Analysis Hemmens, Criminal Court s, 4e SAGE Publishing, 2020 Answer Location: Total Incorporation Difficulty Level: Medium Short Answer 1. Give the two reasons statutes are usually ambiguous. Ans: It is difficult to define human conduct and politics in volves compromise. Statutes are frequently written in broad terms, leaving room for interpretation by those who must enforce them. This is also true of the U.S. Constitution. For example, the Eighth Amendment prohibits “cruel and unusual punishment.” But w hat is cruel? What is unusual? There are no clear answers to these questions, and courts are forced to define the terms. REF: Cognitive Domain: Analysis Answer Location: Total Incorporation Difficulty Level: Medium 2. What incorporation theory seeks to in corporate provisions of the Bill of Rights in a careful and discriminative way? Ans: The selective incorporation approach combines elements of the fundamental rights and total incorporation approaches in modified form. This approach favors a case -by- case a pproach. Selective incorporation rejects the notion that all the rights in the Bill of Rights are automatically incorporated in the due process clause of the Fourteenth Amendment, but it does look to the Bill of Rights as a guide to determining the meaning of due process. REF: Cognitive Domain: Analysis Answer Location: Selective Incorporation Difficulty Level: Medium 3. Which amendment requires that warrants must be particular about places to be searched? Ans: The Fourth Amendment forbids “unreasonable” s earches and seizures by law enforcement officers and requires the existence of “probable cause” before arrest or search warrants may be issued. Warrants are required to describe the subject of their search with “particularity.” The Supreme Court has determ ined that search and arrest warrants are not always required, however. The reasonableness clause allows the police to conduct a search or make an arrest so long as it is reasonable to do so. REF: Cognitive Domain: Analysis Answer Location: Fourth Amendment Difficulty Level: Medium 4. What is the term for the formal document charging a defendant with a crime? Ans: An indictment is a legal document that charges a defendant with a crime. The requirement of an indictment before criminal prosecution is one of a handful of provisions of the Bill of Rights that has not been incorporated into the Fourteenth Amendment and applied to the states. REF: Cognitive Domain: Comprehension Hemmens, Criminal Court s, 4e SAGE Publishing, 2020 Answer Location: Fifth Amendment Difficulty Level: Medium 5. What is the principle th at the federal government only has those powers granted to it by the U.S. Constitution? Ans: The Tenth Amendment states that the rights not delegated to the federal government in the Constitution are reserved for the states or individual citizens. This is simply the principle of federalism; the federal government is a government of enumerated (or listed) powers. This means it has no authority to act unless so granted by the Constitution. And where the federal government has no authority, the states and individual citizens retain the authority. REF: Cognitive Domain: Knowledge Answer Location: Tenth Amendment Difficulty Level: Easy 6. To date, the Supreme Court has held that what two classifications are suspect classifications in all circumstances? Ans: It h as been interpreted by the Supreme Court as incorporating (or applying) the various provisions of the Bill of Rights and making them applicable to the states. The equal protection clause has been interpreted to prevent states from making unequal, arbitrary distinctions between people. It does not ban all discrimination by the state but does require that when the state treats people differently, it does so on the basis of reasonable classifications. It also bars discrimination on the basis of race, religion, or (in most instances) gender. These are referred to as suspect classifications. REF: Cognitive Domain: Knowledge Answer Location: Fourteenth Amendment Difficulty Level: Easy 7. What is the highest standard of review used when infringing on citizens’ rig hts? Ans: Under strict scrutiny review, a statute that abridges a fundamental right or impacts a suspect classification will be determined to be unconstitutional unless (a) the state has a compelling interest, which justifies restricting a fundamental righ t and (b) the legislation restricting that right is “narrowly tailored” so that the right is not limited any more than absolutely necessary to achieve the state’s compelling interest. REF: Cognitive Domain: Knowledge Answer Location: Standard of Review Difficulty Level: Easy 8. The concept of incorporation relates to the due process clause in which amendment ? Ans: By incorporation, we mean that the justices interpreted the due process clause of the Fourteenth Amendment, which says no state shall deprive a person of life, liberty, or property without “due process of law,” as prohibiting states from abridging certain individual rights. Many of these rights are included in the Bill of Rights, and hence these rights were included (or incorporated) in the defini tion of due process. There are several different approaches to incorporation. REF: Cognitive Domain: Comprehension Hemmens, Criminal Court s, 4e SAGE Publishing, 2020 Answer Location: Incorporation of the Bill of Rights Into the Fourteenth Amendment Difficulty Level: Medium 9. What are the three individual rights specifically stated in the Constitution? Ans: There are only three individual rights mentioned in the Constitution: (1) the right to seek a writ of habeas corpus (a document challenging the legality of a person’s detention), (2) the prohibition of bills of attainder (legislation imposing punishment without a trial), and (3) the prohibition of ex post facto laws (legislation making prior conduct criminal). REF: Cognitive Domain: Knowledge Answer Location: The Constitution Difficulty Level: Easy 10. What is the purpose of a grand jury? Ans: A grand jury comprises citizens who listen to the case presented by a prosecutor and decide whether there exists sufficient evidence to put the defendant on trial. The grand jury is intended to prevent the governm ent from prosecuting people without some proof of guilt. Thus, the grand jury is meant to serve as a barrier between the citizen and an overzealous prosecutor. It is meant to ensure the government does not prosecute individuals without some proof of guilt . REF: Cognitive Domain: Knowledge Answer Location: Fifth Amendment Difficulty Level: Easy Essay 1. Discuss rights enumerated in the First Amendment? Ans: Congress shall make no law respecting an establishment of religion or prohibiting the free exercise thereof; or abridging the freedom of speech or of the press; or the right of the people peaceably to assemble and to petition the Government for a redress of grievances. The First Amendment includes a number of individual rights, among them the freedoms of religion, speech, press, and assembly. The First Amendment includes two clauses on religion. First, the government is forbidden from creating a state - supported religion. In the latter part of the 20th century, however, the Court began to provide greater p rotection of freedom of speech. The Supreme Court has held that the freedom of speech includes the right to say things that may anger others. REF: Cognitive Domain: Comprehension Answer Location: First Amendment Difficulty Level: Medium 2. Explain how it is that the First Amendment grants freedom of religion, yet the government may enact legislation that can restrict certain religious practices. Ans: This does not mean the freedom to worship is absolute. Otherwise, valid government regulations, which incid entally restrict religious practices, are permitted. For example, a state may ban polygamy under its authority to enact health and safety regulations, even though this at one time imposed a restriction on the religious practices