Chapter 1 and 2 Test

Question 1

What are three federal sources of law for criminal procedure?

Answer 1

Constitutional, statutory, case law

Question 2

What are the 5 ideals of criminal procedure?

Answer 2

1. Balancing
2. Proportionality
3. Equal Justice
4. Accuracy
5. Evidence-based decision making

Question 3

Three Levels of Courts

Answer 3

1. Trial Court
2. Intermediate Appeals Court
3. Supreme Court

Question 4

Define criminal procedure.

Answer 4

Criminal procedure deals with rights and laws put in place in order to ensure those accused of a crime are given a fair hearing and trial and the rights of those who are suspected to have engaged in criminal activity are not violated.

Question 5

Remedies for violations of Equal Protection

Answer 5

1. Dismissal of charges
2. Suppression of evidence and/or
3. Civil suit for money damages or to ban government officials from the conduct at issue

Question 6

The right to be free from unreasonable searches/seizures

Answer 6

Fourth Amendment

Question 7

The right to probable cause to back up searches and seizures

Answer 7

Fourth Amendment

Question 8

The right to grand jury indictment

Answer 8

Fifth Amendment

Question 9

The right against double jeopardy

Answer 9

Fifth Amendment

Question 10

The right to due process

Answer 10

Fifth Amendment

Question 11

The right against self-incrimination

Answer 11

Fifth Amendment

Question 12

The right to a speedy trial

Answer 12

Sixth Amendment

Question 13

The right to a public trial

Answer 13

Sixth Amendment

Question 14

The right to an impartial jury

Answer 14

Sixth Amendment

Question 15

The right to have a jury made up of persons from the state and district where the crime was committed

Answer 15

Sixth Amendment

Question 16

The right to be informed of the charges against the accused

Answer 16

Sixth Amendment

Question 17

The right to confront witnesses against the accused

Answer 17

Sixth Amendment

Question 18

The right to a compulsory process to obtain witnesses in favor of the accused

Answer 18

Sixth Amendment

Question 19

The right of the accused to defense counsel

Answer 19

Sixth Amendment

Question 20

The right against excessive bail

Answer 20

Eighth Amendment

Question 21

The right against excessive fines

Answer 21

Eight Amendment

Question 22

The right against cruel and unusual punishment

Answer 22

Eight Amendment

Question 23

The right to due process of law in state criminal proceedings

Answer 23

Fourteenth Amendment

Question 24

The right to equal protection of the law in state criminal proceedings

Answer 24

Fourteenth Amendment

Question 25

Parallel rights

Answer 25

The rule that each state guarantees its citizens the same rights or greater rights than those due process rights in the U.S. Constitution’s Bill of Rights

Question 26

List three of the court’s reasoning for the case Brown v. Mississippi

Answer 26

1) Immunity from self-incrimination is not essential to due process of law
2) The failure of the trial court to exclude the confessions after the introduction of evidence showing incompetency did not deprive the Defendant of due process
3) Even if the trial court had erroneously overruled a motion to exclude the confessions, the ruling would be mere error but not a violation of constitutional rights

Question 27

Marbury v. Madison

Answer 27

This case established the principle of judicial review

Question 28

Fundamental Fairness Doctrine

Answer 28

Fundamental Fairness requires that states provide 2 basic rights to the accused to ensure a fair trial. 2 part test:

1. Notice of the charges against them
2. Hearing on the facts before convicting and punishing defendants.

Question 29

Incorporation Doctrine

Answer 29

The due process clause of the 14th amendment guarantees all of the specific criminal procedure provisions of the Bill of Rights to the states.