Question 1

_______________ sets forth the appropriate behavior for police as they investigate criminal activity.
A) Due process
B) Criminal procedure
C) Police investigatory code
D) Crime control

Accepted Answer

Criminal procedure sets forth the rules governing the series of proceedings through which the government enforces substantive criminal law. It includes how investigations must be conducted, protecting individuals' rights throughout the process.

Question 2

The ______________ sets forth twenty-three individual rights and is part of the U.S. Constitution.
A) Federal Rules of Civil Procedure
B) Federal Criminal Code
C) Bill of Rights
D) The Sixth Amendment

Accepted Answer

The Bill of Rights sets forth twenty-three individual rights and is part of the U.S. Constitution. The Federal Rules of Civil Procedure and the Federal Criminal Code are both sets of laws and procedures, but they do not outline individual rights in the same way as the Bill of Rights. The Sixth Amendment is a specific amendment within the Bill of Rights that guarantees the right to a fair trial, but it does not encompass all of the individual rights listed in the Bill of Rights.

Question 3

________________ means that an individual right is included within Fourteenth Amendment guarantees.
A) Due process
B) Criminal procedure
C) Federalism
D) Incorporation

Accepted Answer

Incorporation is the process by which individual rights guaranteed by the Bill of Rights are applied to the states through the Fourteenth Amendment's due process clause. This means that states must also respect individual rights such as freedom of speech, religion, and the right to a fair trial, just as the federal government must.

Question 4

The _______________ Amendment provides protection against self-incrimination.
A) 4th
B) 5th
C) 6th
D) 14th

Accepted Answer

The 5th Amendment protects individuals from being compelled to be witnesses against themselves. This is commonly known as the right to remain silent.

Question 5

The _______________ Amendment provides protection against unreasonable searches.
A) 4th
B) 5th
C) 6th
D) 14th

Accepted Answer

The 4th Amendment of the United States Constitution provides citizens with protection against unreasonable searches and seizures. It prohibits law enforcement officers from conducting searches or seizures without a warrant or probable cause, except in certain limited circumstances.

Question 6

The _______________ has the final word on the constitutionality of any state action.
A) State Supreme Court
B) Federal Bureau of Investigation
C) legislature
D) United States Supreme Court

Accepted Answer

The United States Supreme Court has the final word on the constitutionality of any state action. This is established in the supremacy clause of the Constitution which states that federal law, including the decisions of the Supreme Court, is the supreme law of the land. State courts may also interpret their own state constitutions, but this is subject to review by the U.S. Supreme Court if a federal issue is involved.

Question 7

A(n) _______________ creates a government.
A) constitution
B) Supreme Court
C) statute
D) interpretation

Accepted Answer

The constitution is the foundational document that outlines the organization of a government, establishes its powers, and protects the rights of its citizens. It is the highest law of the land and is typically created through a process of ratification by the people or their representatives.

Question 8

Herbert Packer created the _____________ model(s) of criminal justice
A) crime control
B) due process
C) federalist
D) Both a and b

Accepted Answer

Herbert Packer created both the crime control and due process models of criminal justice. The crime control model emphasizes efficiency, speed, and finality in the criminal justice system, while the due process model prioritizes safeguarding individual rights and ensuring fair and impartial trials.

Question 9

The crime control model of criminal justice states that _________ is the key to effective operations in criminal justice.
A) procedural protections
B) constitutional searches
C) efficiency
D) confessions

Accepted Answer

The crime control model emphasizes the importance of efficiency in criminal justice operations in order to quickly and effectively apprehend and punish criminals. This model values swift and decisive action over individual rights and protections, which is why option A (procedural protections) and B (constitutional searches) would not be the key to effective operations according to this model. Option D (confessions) may be important in obtaining convictions, but efficiency is still considered the top priority in the crime control model.

Question 10

The crime control model views the _______________ as the most important function of the criminal justice system.
A) the conviction of criminals
B) procedural safeguards
C) constitutional protections
D) confessions of criminals

Accepted Answer

The crime control model prioritizes the need to convict and punish criminals as its main goal. This model is based on the belief that when law enforcement is focused on quick and efficient arrest, prosecution, and sentencing, it will deter other would-be criminals from committing crimes. The model favors aggressive policing, harsh punishments, and limited procedural safeguards. Therefore, the conviction of criminals is viewed as the most important function of the criminal justice system under the crime control model.

Question 11

The due process model conceptualizes the crime control model as being too ______________.
A) safe
B) unjustified
C) informal
D) procedural

Accepted Answer

The answer of The due process model conceptualizes the crime...

Question 12

The due process model calls for fact-finding procedures that are _____________.
A) formal
B) adjudicative
C) adversarial
D) all of the above

Accepted Answer

The due process model seeks to ensure fairness in criminal proceedings by providing certain procedural safeguards such as formal fact-finding procedures, an adjudicative process, and an adversarial system. Therefore, all of the above choices are correct.

Question 13

__________ refers to the judicial process by which determinations of guilt are made.
A) Legal guilt
B) Factual guilt
C) Constitutional guilt
D) Confessionary guilt

Accepted Answer

Legal guilt refers specifically to the determination of guilt made through the judicial process, meaning it is based on evidence and a finding by a judge or jury that the defendant committed the crime. Factual guilt refers to the actual commission of the crime, regardless of whether the defendant has been found legally guilty. Constitutional guilt and confessionary guilt are not commonly used terms in the legal system.

Question 14

The due process model believes that _____________ should be restricted.
A) constitutional protections
B) plea bargaining
C) procedural safeguards
D) individual rights

Accepted Answer

The due process model believes that plea bargaining should be restricted as it has the potential to infringe on an individual's rights and may lead to coerced or false confessions. The model emphasizes the importance of ensuring fair procedures and protecting individual rights throughout the criminal justice process. Constitutional protections and procedural safeguards are essential components of the due process model, and are not believed to be restricted.

Question 15

The ________________ is best conceptualized as an "obstacle course."
A) crime control model
B) court system
C) due process model
D) modelling system

Accepted Answer

The due process model is often described as an obstacle course that defendants must navigate in order to protect their rights and ensure a fair trial. This model places an emphasis on procedural safeguards and ensuring that the accused's rights are protected throughout the legal process.

Question 16

The Bill of Rights does not apply to state proceedings.

Accepted Answer

The Bill of Rights does apply to state proceedings through the Incorporation Doctrine, which incorporates certain provisions of the Bill of Rights into the Due Process Clause of the Fourteenth Amendment.

Question 17

The 14^th Amendment applies the Bill of Rights to state proceedings.

Accepted Answer

The 14th Amendment to the United States Constitution applies the protections of the Bill of Rights to state proceedings, making it true that the 14^th Amendment applies the Bill of Rights to state proceedings.

Question 18

Supreme Court decisions influence criminal procedure.

Accepted Answer

Supreme Court decisions have a significant impact on criminal procedure as they interpret and establish constitutional rights and limitations, such as the Fourth Amendment's protection against unreasonable searches and seizures and the Sixth Amendment's right to counsel. Lower courts must follow Supreme Court precedent, which can shape how criminal cases are handled and resolved.

Question 19

The legislature has the final say in statute interpretation.

Accepted Answer

The judiciary has the final say in statute interpretation through the process of judicial review.

Question 20

Statutes are often ambiguous.

Accepted Answer

Statutes are often drafted with vague language or open to interpretation, leaving room for ambiguity.

Quiz 1: Introduction

_______________ sets forth the appropriate behavior for police as they investigate criminal activity.

The ______________ sets forth twenty-three individual rights and is part of the U.S. Constitution.

________________ means that an individual right is included within Fourteenth Amendment guarantees.

The _______________ Amendment provides protection against self-incrimination.

The _______________ Amendment provides protection against unreasonable searches.

The _______________ has the final word on the constitutionality of any state action.

A(n) _______________ creates a government.

Herbert Packer created the _____________ model(s) of criminal justice

The crime control model of criminal justice states that _________ is the key to effective operations in criminal justice.

The crime control model views the _______________ as the most important function of the criminal justice system.

The due process model conceptualizes the crime control model as being too ______________.

The due process model calls for fact-finding procedures that are _____________.

__________ refers to the judicial process by which determinations of guilt are made.

The due process model believes that _____________ should be restricted.

The ________________ is best conceptualized as an "obstacle course."

The Bill of Rights does not apply to state proceedings.

The 14th Amendment applies the Bill of Rights to state proceedings.

Supreme Court decisions influence criminal procedure.

The legislature has the final say in statute interpretation.

Statutes are often ambiguous.

The 14^th Amendment applies the Bill of Rights to state proceedings.