Test Bank Criminal Procedure 3rd Edition by John Worrall

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Test Bank Criminal Procedure 3rd Edition by John Worrall

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Criminal Procedure (Justice Series), 3e (Worrall)

Chapter 1   Introduction to Criminal Procedure

 

1.1   Multiple Choice

 

1) Which of the following is rarely a relevant constitutional amendment in criminal procedure?

  1. A) The Second Amendment
  2. B) The Fifth Amendment
  3. C) The Sixth Amendment
  4. D) The Fourteenth Amendment

Answer:  A

Page Ref: 3

Objective:  Summarize the Constitutional basis for criminal procedure.

Level:  Basic

 

2) Which of the following are NOT sources of rights?

  1. A) Court decisions
  2. B) Police department policies
  3. C) Federal Constitution
  4. D) Statutes

Answer:  B

Page Ref: 3

Objective:  Summarize the Constitutional basis for criminal procedure.

Level:  Basic

 

3) ________ contain(s) criminal procedure guidelines that federal criminal justice practitioners are required to abide by.

  1. A) State constitutions
  2. B) State statutes
  3. C) The Federal Rules of Criminal Procedure
  4. D) The federal Constitution

Answer:  C

Page Ref: 3

Objective:  Summarize the Constitutional basis for criminal procedure.

Level:  Intermediate

 

 

4) The ________ Amendment states: "No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation."

  1. A) Fourth
  2. B) Fifth
  3. C) Sixth
  4. D) Eighth

Answer:  B

Page Ref: 4

Objective:  Summarize the Constitutional basis for criminal procedure.

Level:  Basic

5) The Fifth Amendment protects against:

  1. A) Double jeopardy.
  2. B) Self-incrimination.
  3. C) Due process violations.
  4. D) All of the above

Answer:  D

Page Ref: 4

Objective:  Summarize the Constitutional basis for criminal procedure.

Level:  Basic

 

6) The ________ incorporation perspective favors incorporation of certain protections enumerated in the Bill of Rights, not all of them.

  1. A) Total
  2. B) Selective
  3. C) Fundamental rights
  4. D) Total incorporation plus

Answer:  B

Page Ref: 5

Objective:  Summarize the Constitutional basis for criminal procedure.

Level:  Intermediate

 

7) Which of the following best characterizes the total incorporation perspective?

  1. A) Certain protections listed in the Bill of Rights should be incorporated.
  2. B) Not just the whole Bill of Rights, but other rights (e.g., privacy. should be incorporated.
  3. C) Fundamental rights should be incorporated.
  4. D) None of the above

Answer:  D

Page Ref: 5

Objective:  Summarize the Constitutional basis for criminal procedure.

Level:  Difficult

 

8) Which incorporation perspective has arguably ʺwon outʺ over the others?

  1. A) Selective incorporation
  2. B) Total incorporation
  3. C) Total incorporation plus
  4. D) None of the above

Answer:  A

Page Ref: 5

Objective:  Summarize the Constitutional basis for criminal procedure.

Level:  Basic

 

9) The Fourth Amendment protects against:

  1. A) Self-incrimination.
  2. B) Due process violations.
  3. C) Unreasonable searches and seizures.
  4. D) Cruel and unusual punishments.

Answer:  C

Page Ref: 6

Objective:  Summarize the Constitutional basis for criminal procedure.

Level:  Basic

10) The Sixth Amendment provides for:

  1. A) Freedom of speech.
  2. B) The right to remain silent.
  3. C) The assistance of counsel.
  4. D) The right to bear arms.

Answer:  C

Page Ref: 6

Objective:  Summarize the Constitutional basis for criminal procedure.

Level:  Basic

 

11) Stare decisis is a Latin term that means:

  1. A) No past decision exists.
  2. B) Treat each case as unique.
  3. C) To disregard past decisions.
  4. D) To abide by or to adhere to decided cases.

Answer:  D

Page Ref: 6

Objective:  Explain the importance of precedent.

Level:  Basic

 

 

12) When a previous decision does not apply to the current facts, a court will ________, saying, in effect, that this case is different and cannot be decided by looking to past rulings.

  1. A) Practice stare decisis
  2. B) Distinguish the present case
  3. C) Refer to precedent
  4. D) Decline to hear the case

Answer:  B

Page Ref: 7

Objective:  Explain the importance of precedent.

Level:  Basic

 

13) Legal guilt is concerned with whether a person is guilty according to:

  1. A) A jury.
  2. B) A judge.
  3. C) The police.
  4. D) The law.

Answer:  D

Page Ref: 8

Objective:  Distinguish between the public order (crime control) and individual rights (due process) perspectives of criminal justice.

Level:  Intermediate

 

14) Factual guilt is concerned with:

  1. A) Whether a person committed the crime with which he or she is charged.
  2. B) Whether a person is guilty according to the police.
  3. C) Whether a person is guilty according to the law.
  4. D) None of the above

Answer:  A

Page Ref: 8

Objective:  Distinguish between the public order (crime control) and individual rights (due process) perspectives of criminal justice.

Level:  Intermediate

15) Which of the following is NOT a characteristic of the crime control perspective?

  1. A) Assembly line justice
  2. B) Quantity over quality
  3. C) Insistence on formality of due process rules
  4. D) Faith in the courts

Answer:  D

Page Ref: 9

Objective:  Distinguish between the public order (crime control) and individual rights (due process) perspectives of criminal justice.

Level:  Intermediate

 

 

16) Courts of limited jurisdiction:

  1. A) Try all criminal cases.
  2. B) Hear appeals.
  3. C) Hear only traffic cases.
  4. D) Have jurisdiction over relatively minor offenses and infractions.

Answer:  D

Page Ref: 10

Objective:  Outline the structure of the court system, including the responsibilities and jurisdictions of each level.

Level:  Basic

 

17) At the state level, trial courts are usually referred to as:

  1. A) Courts of limited jurisdiction.
  2. B) Courts of general jurisdiction.
  3. C) District courts.
  4. D) None of the above

Answer:  B

Page Ref: 10

Objective:  Outline the structure of the court system, including the responsibilities and jurisdictions of each level.

Level:  Basic

 

18) At the federal level, trial courts are:

  1. A) U.S. Supreme Court.
  2. B) U.S. Courts of Appeals.
  3. C) U.S. District Courts.
  4. D) U.S. Magisterial Courts.

Answer:  C

Page Ref: 10

Objective:  Outline the structure of the court system, including the responsibilities and jurisdictions of each level.

Level:  Basic

19) How many federal district courts are there in the United States?

  1. A) 66
  2. B) 74
  3. C) 89
  4. D) 94

Answer:  D

Page Ref: 10

Objective:  Outline the structure of the court system, including the responsibilities and jurisdictions of each level.

Level:  Basic

 

 

20) When an appellate court reverses a lower court's decision, it:

  1. A) Sends the case back to the trial level for further action consistent with the appellate decision.
  2. B) Nullifies or sets aside a trial verdict.
  3. C) Sets the defendant free.
  4. D) None of the above

Answer:  B

Page Ref: 14

Objective:  Discuss the steps to trace and understand court cases.

Level:  Basic

 

21) Which of the following appellate decisions most closely resembles a reversal?

  1. A) Remand
  2. B) Affirm
  3. C) Vacate
  4. D) Acquittal

Answer:  C

Page Ref: 14

Objective:  Discuss the steps to trace and understand court cases.

Level:  Basic

 

22) When an appellate court agrees with a lower court's decision, it ________ that decision.

  1. A) Affirms
  2. B) Reverses
  3. C) Vacates
  4. D) Remands

Answer:  A

Page Ref: 14

Objective:  Discuss the steps to trace and understand court cases.

Level:  Basic

 

23) The appellant is someone who:

  1. A) Appeals.
  2. B) Is appealed against.
  3. C) Petitions for habeas
  4. D) Is charged with a crime.

Answer:  A

Page Ref: 14

Objective:  Discuss the steps to trace and understand court cases.

Level:  Basic

 

24) A ʺbright-lineʺ decision may be helpful because:

  1. A) It is subject to very little interpretation.
  2. B) It promotes clarity and predictability.
  3. C) It promotes consistency.
  4. D) All of the above

Answer:  D

Page Ref: 16

Objective:  Discuss the steps to trace and understand court cases.

Level:  Basic

 

25) Once the pretrial process has concluded and the charges have stood, ________ occurs.

  1. A) The preliminary hearing
  2. B) The indictment
  3. C) Adjudication
  4. D) Post-conviction review process

Answer:  C

Page Ref: 18

Objective:  Summarize the criminal process.

Level:  Basic

 

26) Most convicted criminals are entitled to at least ________ automatic appeal(s).

  1. A) One
  2. B) Two
  3. C) Three
  4. D) Most convicted criminals are not entitled to an automatic appeal.

Answer:  C

Page Ref: 18

Objective:  Summarize the criminal process.

Level:  Basic

 

1.2   True-False

 

1) The Constitution is the only source of rights.

Answer:  FALSE

Page Ref: 3

Objective:  Summarize the Constitutional basis for criminal procedure.

Level:  Basic

 

2) The Bill of Rights consists of the first eight amendments.

Answer:  FALSE

Page Ref: 3

Objective:  Summarize the Constitutional basis for criminal procedure.

Level:  Basic

 

 

3) Incorporation is concerned with the extent to which the various provisions of the Bill of Rights should be binding on the states.

Answer:  TRUE

Page Ref: 4-6

Objective:  Summarize the Constitutional basis for criminal procedure.

Level:  Basic

4) Selective incorporation favors the incorporation of all rights in the Bill of Rights as well as others not listed in the Bill of Rights.

Answer:  FALSE

Page Ref: 5

Objective:  Summarize the Constitutional basis for criminal procedure.

Level:  Basic

 

5) Stare decisis is synonymous with distinguishing cases.

Answer:  FALSE

Page Ref: 6-7

Objective:  Summarize the Constitutional basis for criminal procedure.

Level:  Basic

 

6) The crime control process perspective closely resembles a liberal political orientation.

Answer:  TRUE

Page Ref: 8

Objective:  Explain the importance of precedent.

Level:  Basic

 

7) Due process advocates believe the criminal process should resemble an obstacle course.

Answer:  TRUE

Page Ref: 8-9

Objective:  Distinguish between the public order (crime control) and individual rights (due process) perspectives of criminal justice.

Level:  Basic

 

8) The Due Process Model emphasizes factual guilt.

Answer:  FALSE

Page Ref: 8-9

Objective:  Distinguish between the public order (crime control) and individual rights (due process) perspectives of criminal justice.

Level:  Basic

 

9) The due process perspective is a conservative political ideology.

Answer:  FALSE

Page Ref: 8-9

Objective:  Distinguish between the public order (crime control) and individual rights (due process) perspectives of criminal justice.

Level:  Basic

 

10) Due process advocates oppose ʺstreet justice.ʺ

Answer:  TRUE

Page Ref: 8-9

Objective:  Distinguish between the public order (crime control) and individual rights (due process) perspectives of criminal justice.

Level:  Basic

 

11) The U.S. federal court system is a three-tiered court structure.

Answer:  TRUE

Page Ref: 10

Objective:  Outline the structure of the court system, including the responsibilities and jurisdictions of each level.

Level:  Basic

12) The lowest courts at the state level are courts of general jurisdiction.

Answer:  FALSE

Page Ref: 10

Objective:  Outline the structure of the court system, including the responsibilities and jurisdictions of each level.

Level:  Basic

 

13) The U.S. Courts of appeals can be found in 11 judicial circuits.

Answer:  FALSE

Page Ref: 10

Objective:  Outline the structure of the court system, including the responsibilities and jurisdictions of each level.

Level:  Difficult

 

14) If a case involves federal law, it will be tried in federal court.

Answer:  TRUE

Page Ref: 10

Objective:  Outline the structure of the court system, including the responsibilities and jurisdictions of each level.

Level:  Intermediate

 

15) A concurring opinion disagrees with the court's decision.

Answer:  FALSE

Page Ref: 14

Objective:  Discuss the steps to trace and understand court cases.

Level:  Basic

 

16) One who files a habeas corpus petition is known as an appellant.

Answer:  FALSE

Page Ref: 14

Objective:  Discuss the steps to trace and understand court cases.

Level:  Basic

 

17) An agreement with the majority decision, but using different reasoning is known as a dissenting opinion.

Answer:  FALSE

Page Ref: 15

Objective:  Discuss the steps to trace and understand court cases.

Level:  Basic

 

18) The wheels of the criminal process are set in motion on an arrest occurs.

Answer:  TRUE

Page Ref: 15

Objective:  Summarize the criminal process.

Level:  Basic

 

19) The criminal process ends once the verdict has been read.

Answer:  FALSE

Page Ref: 18

Objective:  Summarize the criminal process.

Level:  Basic

1.3   Fill in the Blank

 

1) The Bill of Rights is the first ________ Amendments to the United States Constitution.

Answer:  ten

Page Ref: 3

Objective:  Summarize the Constitutional basis for criminal procedure.

Level:  Basic

 

2) The ________ Amendment's due process clause has been used by the United States Supreme Court to apply many of the rights listed in the Bill of Rights against the states.

Answer:  Fourteenth

Page Ref: 4

Objective:  Summarize the Constitutional basis for criminal procedure.

Level:  Intermediate

 

3) The ________ doctrine applied provisions of the Bill of Rights to state and local courts and officers.

Answer:  Incorporation

Page Ref: 4-6

Objective:  Summarize the Constitutional basis for criminal procedure.

Level:  Intermediate

 

 

4) ________ incorporation is the perspective that the due process clause of the Fourteenth Amendment makes ALL of the provisions of the Bill of Rights (Amendments I to VIII) applicable to the states.

Answer:  Total

Page Ref: 5-6

Objective:  Summarize the Constitutional basis for criminal procedure.

Level:  Intermediate

 

5) State decisis is a Latin term that means appellate courts should abide by or adhere to ________ cases.

Answer:  decided

Page Ref: 6

Objective:  Explain the importance of precedent.

Level:  Basic

 

6) The ________ of mistakes is emphasized more by the due process perspective of criminal justice.

Answer:  minimizing

Page Ref: 8

Objective:  Distinguish between the public order (crime control) and individual rights (due process) perspectives of criminal justice.

Level:  Intermediate

 

7) The person appealing a conviction is known as the ________.

Answer:  appellant

Page Ref: 14

Objective:  Discuss the steps to trace and understand court cases.

Level:  Basic

8) The Rule of ________ is the rule on how many of the nine U.S. Supreme Court justices must agree to hear a case before a writ of certiorari will be issued.

Answer:  Four

Page Ref: 15

Objective:  Discuss the steps to trace and understand court cases.

Level:  Intermediate

 

9) A(n) ________ opinion disagrees with the court's majority decision.

Answer:  dissenting

Page Ref: 15

Objective:  Discuss the steps to trace and understand court cases.

Level:  Intermediate

 

 

10) The part of the criminal process where the accused person is brought before the court, formally notified of the charges against them, and are allowed to enter a plea is called a(n) ________.

Answer:  arraignment

Page Ref: 17

Objective:  Summarize the criminal process.

Level:  Basic

1.4   Matching

 

Match the amendment with the correct right guaranteed.

 

  1. A) Right to bail.
  2. B) Due process from federal government.
  3. C) Free from unreasonable searches.
  4. D) Protection from double jeopardy.

 

1) Fourth        

Page Ref: 4

Objective:  Summarize the Constitutional basis for criminal procedure.     

Level:  Basic  

 

2) Fifth           

Page Ref: 4

Objective:  Summarize the Constitutional basis for criminal procedure.

Level:  Basic

 

3) Sixth

Page Ref: 4

Objective:  Summarize the Constitutional basis for criminal procedure.

Level:  Basic

 

4) Eighth

Page Ref: 4

Objective:  Summarize the Constitutional basis for criminal procedure.

Level:  Basic

 

5) Fourteenth

Page Ref: 4

Objective:  Summarize the Constitutional basis for criminal procedure.

Level:  Basic

 

Answers: 1) C 2) D 3) C 4) A 5) B

 

Match the appellate court decision with the correct disposition.

 

  1. A) Case is sent back to lower court for further action.
  2. B) Free from unreasonable searches.
  3. C) The lower court's decision is cancelled/set aside.
  4. D) Agrees with the lower court's decision.

 

6) Vacate

Page Ref: 14

Objective:  Discuss the steps to trace and understand court cases.   

Level:  Basic

 

7) Remand

Page Ref: 14

Objective:  Discuss the steps to trace and understand court cases.   

Level:  Basic

 

8) Affirm

Page Ref: 14

Objective:  Discuss the steps to trace and understand court cases.

Level:  Basic

 

9) Reverse

Page Ref: 14

Objective:  Discuss the steps to trace and understand court cases.

Level:  Basic

 

Answers: 6) C 7) A 8) D 9) B

 

Match the parties to a case with the correct role description.

 

  1. A) The official government representative tasked with bringing changes against the accused.
  2. B) Similar to appellant, but one who files for habeas corpus
  3. C) Person charged with the crime in question.
  4. D) The party appealed against.
  5. E) The party that appeals.

 

10) Defendant

Page Ref: 14

Objective:  Discuss the steps to trace and understand court cases.

Level:  Intermediate

 

11) Prosecutor

Page Ref: 14

Objective:  Discuss the steps to trace and understand court cases.

Level:  Intermediate

 

12) Appellant 

Page Ref: 14

Objective:  Discuss the steps to trace and understand court cases.

Level:  Intermediate

 

13) Appellee

Page Ref: 14

Objective:  Discuss the steps to trace and understand court cases.

Level:  Intermediate

 

14) Petitioner

Page Ref: 14

Objective:  Discuss the steps to trace and understand court cases.

Level:  Intermediate

 

Answers: 10) C 11) A 12) E 13) D 14) B

 

1.5   Essay

 

1) Identify the many different sources of rights that apply to criminal procedure.

Answer:  The answer should include the following points:

  • United States Constitution
  • Important court decisions will vary by respondent,
  • Statutes
  • State constitutions.

Page Ref: 2-3

Objective:  Summarize the Constitutional basis for criminal procedure.

Level:  Intermediate

2) Identify and explain the various perspectives related to the incorporation controversy.

Answer:  The answer should include the following points:

  • A discussion of the total incorporation perspective, the selective incorporation, or the fundamental rights perspective, the total incorporation plus perspective, and finally the view that some have that the topic of incorporation deserves a case-by-case consideration.

Page Ref: 4-6

Objective:  Summarize the Constitutional basis for criminal procedure.

Level:  Intermediate

 

3) Describe and distinguish the due process and the crime control perspectives.

Answer:  The answer should include the following points:

  • A discussion of the competing concerns in criminal procedure of controlling crime and the guarantee of due process rights. Liberals tend to focus on liberty interests—individual liberty and rights while conservatives tend to focus on crime control using a ʺcost/benefit perspective, crime control advocates believe that the benefit of controlling crime to society at large outweighs the cost of infringing on some individuals' due process protections.ʺ

Page Ref: 7-9

Objective:  Distinguish between the public order (crime control) and individual rights (due process) perspectives of criminal justice.

Level:  Intermediate

 

4) Summarize the structure of the Federal court system

Answer:  The answer should include the following points:

  • Discussions on the district court, the U.S. Court of Appeals, and the U.S. Supreme Court and include the number of that particular court, the jurisdiction of each, and the role that court provides.

Page Ref: 10-12

Objective:  Outline the structure of the court system, including the responsibilities and jurisdictions of each level.

Level:  Intermediate

 

1.6   Critical Thinking/Discussion

 

1) List reasons why bright-line decisions may be preferable over case-by-case adjudications and vice-versa. Which do you prefer and why?

Answer:  Answers may include the following points:

  • Answers will vary but should define bright-line decisions as ones in which the Court hands down a specific rule, ones subject to very little interpretation and (2. decisions requiring case-by-case adjudications in which the decision is based more on the unique facts of the cases. The important part of this question is the stated preference and the reasoning behind it.

Page Ref: 15-16

Objective:  Discuss the steps to trace and understand court cases.

Level:  Difficult

 

2) Considering that the Bill of Rights was designed as a series of limitations on the federal government, does it make sense that many of the same limitations have been applied to all states by the United States Supreme Court? Take a position and defend it.

Answer:  Answers may include the following points:

  • Strong answers will vary but should include a discussion of the various incorporation arguments including, total incorporation perspective, the selective incorporation, or the fundamental rights perspective, the total incorporation plus perspective, and finally the view that some have that the topic of incorporation deserves a case-by-case consideration. The important aspect of this question is the position taken and the analytical support given to the answer. Which incorporation perspective makes the best sense to the writer and why.

Poor answers will merely recite definitions and have minimal analysis.

Page Ref: 3-6

Objective:  Summarize the Constitutional basis for criminal procedure.

Level:  Difficult

 

3) Discuss why it is difficult to explain and describe the criminal justice system and understanding court cases.

Answer:  Answers may include the following points:

  • The answer should include a discussion on crime control verses due process perspectives. It should also include a discussion of the two-tiered structure of dual sovereignty of state and federal court systems. Finally, the discussion should include the need to understand legal citations, legal vernacular, and the variations of the criminal process. The basic tone of the answer should reflect that the United States criminal justice system is complex and dynamic.

Page Ref: 10-18

Objective:  Summarize the criminal process.

Level:  Difficult

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