Test Bank For Criminal Procedure for the Criminal Justice Professional 12th Edition
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Course
Criminal Procedure
Institution
Criminal Procedure
1. The common law approach to applying the Fourth Amendment to particular cases was to focus on whether _____.
a. the subjective privacy rights of the individual had been violated
b. law enforcement used force during a search and/or seizure
c. the government agent intentionally violated the cons...
,1. Like most constitutional democracies, the justice system in the United States continually experiences a tension between
the need to _____ and the need to _____.
a. respect individual rights; maintain public order
b. balance power; maintain public order
c. limit power; allow certain governmental intrusion
d. limit public rights; broaden individual rights
ANSWER: a
REFERENCES: Criminal Procedure as the Balance between Due Process and Crime Control
LEARNING OBJECTIVES: CPCJ.FERD.16.1.1
KEYWORDS: Bloom’s: Understand
2. Which document preceded the current U.S. Constitution in governing the first thirteen states?
a. Articles of Confederation
b. Bill of Rights
c. Magna Carta
d. Declaration of Independence
ANSWER: a
REFERENCES: A Brief History of the United States Constitution
LEARNING OBJECTIVES: CPCJ.FERD.16.1.2
KEYWORDS: Bloom’s: Remember
3. Which branch of the government plays the largest role in protection of individual liberties?
a. Legislative
b. Executive
c. President
d. Judicial
ANSWER: d
REFERENCES: A Brief History of the United States Constitution
LEARNING OBJECTIVES: CPCJ.FERD.16.1.3
KEYWORDS: Bloom’s: Understand
4. Which doctrine allows the Supreme Court to determine if a law violates the Constitution?
a. habeas corpus
b. posse comitatus
c. certiorari
d. judicial review
ANSWER: d
REFERENCES: A Brief History of the United States Constitution
LEARNING OBJECTIVES: CPCJ.FERD.16.1.3
KEYWORDS: Bloom’s: Understand
5. A person has filed a lawsuit on equal protection grounds claiming racial discrimination. Which standard of review will
be used to resolve the issue of law?
a. Fair and adequate notification test
b. Strict Scrutiny
c. Intermediate scrutiny
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, d. Rational Basis Test
ANSWER: b
REFERENCES: Select Individual Rights in the Bill of Rights
LEARNING OBJECTIVES: CPCJ.FERD.16.1.6
KEYWORDS: Bloom’s: Understand
6. Constitutional guarantees against self-incrimination are primarily covered by which amendment?
a. First
b. Fourth
c. Fifth
d. Eighth
ANSWER: c
REFERENCES: Select Individual Rights in the Bill of Rights
LEARNING OBJECTIVES: CPCJ.FERD.16.1.5
KEYWORDS: Bloom’s: Understand
7. If a person in prison believes he or she is being held in violation of the Constitution, they would most likely seek a
_____.
a. writ of corpus delicti
b. writ of habeas corpus
c. bill of attainder
d. prima facie case
ANSWER: b
REFERENCES: Select Individual Rights in the Bill of Rights
LEARNING OBJECTIVES: CPCJ.FERD.16.1.4
KEYWORDS: Bloom’s: Remember
8. Ex post facto laws _____.
a. impose punishment by an act of the legislature
b. are retroactive laws which act to the detriment of the accused
c. guarantee that federal crimes, except impeachment, be tried before a jury
d. retroactively enhance the rights of the accused
ANSWER: b
REFERENCES: Individual Rights in the Original Constitution
LEARNING OBJECTIVES: CPCJ.FERD.16.1.4
KEYWORDS: Bloom’s: Remember
9. The only crime defined in the United States Constitution is _____.
a. attainder
b. ex post facto
c. forfeiture
d. treason
ANSWER: d
REFERENCES: Individual Rights in the Original Constitution
LEARNING OBJECTIVES: CPCJ.FERD.16.1.4
KEYWORDS: Bloom’s: Define
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, 10. Judicial decisions have made it clear that “speech” goes beyond oral communication, including both artistic
expression and _____.
a. violence when warranted
b. symbolic speech
c. unrestrained activity
d. freedom of movement
ANSWER: b
REFERENCES: Select Individual Rights in the Bill of Rights
LEARNING OBJECTIVES: CPCJ.FERD.16.1.5
KEYWORDS: Bloom’s: Understand
11. The right to freedom of speech is considered a fundamental right. In cases involving a fundamental right, the _____
standard of review is used to resolve the case.
a. legitimate regulation
b. intermediate scrutiny
c. strict scrutiny
d. rational basis
ANSWER: c
REFERENCES: Select Individual Rights in the Bill of Rights
LEARNING OBJECTIVES: CPCJ.FERD.16.1.6
KEYWORDS: Bloom’s: Differentiate
12. The _____ restricts the establishment of any government-sponsored religion.
a. proportionality clause
b. symbolic speech clause
c. free exercise clause
d. probable cause clause
ANSWER: c
REFERENCES: Select Individual Rights in the Bill of Rights
LEARNING OBJECTIVES: CPCJ.FERD.16.1.5
KEYWORDS: Bloom’s: Understand
13. The Fourth Amendment prohibits _____ searches and seizures.
a. unlawful
b. surreptitious
c. unreasonable
d. unwarranted
ANSWER: c
REFERENCES: Select Individual Rights in the Bill of Rights
LEARNING OBJECTIVES: CPCJ.FERD.16.1.5
KEYWORDS: Bloom’s: Understand
14. Which of the following is most consistent with the principles of the crime control model?
a. a strong appellate court system with multiple layers of appeals
b. confidence in the police and prosecutors’ judgments
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