Ch. 2 Criminal Procedure & The Constitution (Q1/Midterm)

Question 1

What is the difference between a constitution and a law?

Answer 1

Constitutions - permanent, general principles

Laws - detailed, constantly changing rules

Question 2

What is the highest authority in criminal procedure?

Answer 2

The U.S. Constitution

Question 3

Which portion of the Constitution is the law of criminal procedure based on?

Answer 3

Bill of Rights

Question 4

What does the Bill of Rights outline?

Answer 4

It outlines what the federal government cannot do

Question 5

What are the 5 amendments in the U.S. Constitution from which most criminal procedure provisions are found?

Answer 5

4th, 5th, 6th, 8th, & 14th

Question 6

What are 2 very important rights found in the body of the Constitution mentioned in lecture?

Answer 6

1) Habeas Corpus
2) The right to a jury of one’s peers

Question 7

What is the purpose of Habeas Corpus?

Answer 7

To allow individuals to challenge any government detention

Question 8

The { } and { } together establish that criminal procedure has to answer to the U.S. Constitution.

HINT: Both blanks are 2-word answers.

Answer 8

1) Supremacy clause
2) Judicial review

Question 9

In general terms, what does the Supremacy Clause state?

Answer 9

It states that the U.S. Constitution is the supreme law of the land

Question 10

What is the purpose of judicial review?

Answer 10

Judicial review allows SCOTUS to determine if a law or action is constitutional

Question 11

Which case established the principle of judicial review?

Answer 11

Marbury v. Madison

Question 12

Court opinions refer to past cases to support their reasoning and decision in the present case. What are these prior decisions called?

Answer 12

Precedents

Question 13

Latin term that translates to “let the decision stand” and demands that judges follow their precedents.

Answer 13

What is stare decisis?

Question 14

Where did precedents and stare decisis come from?

Answer 14

Common law

Question 15

Every state constitution guarantees its citizens { } rights, which are similar to those in the U.S. Constitution and Bill of Rights.

Answer 15

Parallel

Question 16

To what standard are the states held when guaranteeing their citizens with parallel rights?

Answer 16

States can raise the minimum standards of rights set by SCOTUS but cannot reduce them below that standard

Question 17

This amendment states that no person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury … nor be deprived of life, liberty, or property, without due process of law.

Answer 17

What is the 5th?

Question 18

This amendment states that no State shall deprive any person (born or naturalized in the U.S.) of life, liberty, or property, without due process of law.

Answer 18

What is the 14th?

Question 19

The “Scottsboro Boys” case; nine young black kids were charged with raping 2 white girls. This case is important due to how it influenced views on the due process of the law and the right to counsel.

Answer 19

What is Powell v. Alabama (1932)?

Question 20

Three black men were severely and repeatedly beaten until they confessed to killing a white man. This case is important due to how it influenced views on due process and coerced confessions.

Answer 20

What is Brown v. Mississippi (1936)?

Question 21

Powell v. Alabama & Brown v. Mississippi established this doctrine.

Answer 21

What is fundamental fairness?

Question 22

What are the 2 components of the fundamental fairness doctrine?

Answer 22

1) Notice to defendants of charges against them

2) Hearing on the facts before convicting and punishing defendants

Question 23

By the 1960s, the majority of the Court came to reject the fundamental fairness doctrine, favoring instead the { } doctrine.

Answer 23

Incorporation

Question 24

What is the difference between selective and total incorporation?

Answer 24

Selective - only some of the Bill of Rights provisions are incorporated into the due process clause of the 14th Amendment

Total - all Bill of Rights provisions are incorporated into the due process clause of the 14th Amendment

Question 25

What was the “due process revolution,” and when did it occur?

Answer 25

The Due Process Revolution was the gradual incorporation of the Bill of Rights protections to state constitutions from 1960-1969

Question 26

A law that is above the ordinary law created by legislatures.

Answer 26

What is fundamental law?

Question 27

In this Bill of Rights provision case, the exclusionary rule was applied to state searches and seizures.

Answer 27

What is Mapp v. Ohio (1961)?

Question 28

What 2 things must be proven to claim a violation of equal protection?

Answer 28

1) Discriminatory effect
2) Discriminatory purpose

Question 29

What is the difference between discriminatory effect & purpose?

Answer 29

Effect - action that discriminates against a group identity

Purpose - the intent to discriminate because of group identity

Question 30

Which is more specific? Discriminatory effect or discriminatory purpose?

Answer 30

Discriminatory purpose

Question 31

The idea that government actions are presumed lawful unless there is clear evidence to the contrary.

Answer 31

What is the presumption of regularity?

Question 32

Power of a court to hear and decide cases in a specific geographical area or to deal with a specific subject.

Answer 32

What is jurisdiction?