Question 1

Which of our model countries uses abstract review?

Accepted Answer

France uses abstract review, a form of constitutional review where laws are examined for their constitutionality before they are enacted. This is in contrast to concrete review, which occurs after a law has been applied.

Question 2

One of the major criticisms of the adversarial system is called the ______________, which allows for truth impairing procedures to suppress and distort the truth, with the goal being to "win" the courtroom struggle.

Accepted Answer

Combat effect

Question 3

Which of the constitutional review procedures can be described as an American institution that, because of its success, has been adapted by many other nations of the world?

Accepted Answer

Judicial review is the constitutional review procedure that can be described as an American institution that has been adapted by many other nations around the world. The United States was the first country to initiate judicial review, and many countries have since incorporated the mechanism into their own constitutional frameworks.

Question 4

Which of the following is not a part of the pretrial investigation in France?

Accepted Answer

In France, the pretrial investigation is characterized by a judge-directed inquiry where the judge plays an active role in gathering facts and testimonies, calling witnesses, and questioning the accused. However, it is not considered a public investigation; rather, it is conducted in a more private manner to protect the integrity of the investigation and the privacy of those involved.

Question 5

The _______________ system calls for the participation of citizens who are not necessarily criminal justice professionals.

Accepted Answer

The answer of The _______________ system calls for the participation...

Question 6

The right to remain silent is found in which Amendment to the U.S constitution:

Accepted Answer

The right to remain silent is often referred to as the right against self-incrimination and is protected under the Fifth Amendment of the U.S. Constitution. This right allows individuals to refuse to answer questions or provide any evidence that could potentially incriminate themselves in a criminal case.

Question 7

Which of the following is not a supranational court?

Accepted Answer

The United Nations Security Council is not a supranational court. It is a principal organ of the United Nations responsible for maintaining international peace and security. The other options are all supranational courts with specific jurisdiction over human rights, international criminal law, and disputes between states.

Question 8

Which of our model countries uses non-judicial review?

Accepted Answer

China uses non-judicial review, where the Communist Party and government bodies oversee the constitutionality of laws, rather than an independent judiciary.

Question 9

Which of the following countries has no right to trial by jury?

Accepted Answer

Saudi Arabia does not have a system of trial by jury.

Question 10

In Japan, lay assessors are called:

Accepted Answer

Lay assessors in Japan are known as saiban-in.

Question 11

Which of our model countries has an adversarial system?

Accepted Answer

England has an adversarial legal system where two opposing parties present their case with evidence and argument before a judge or jury. It contrasts with an inquisitorial system where the judge investigates the facts of the case. France and Germany use an inquisitorial legal system, while Japan has a hybrid system with elements of both adversarial and inquisitorial systems.

Question 12

The __________________ system is a set of legal procedures used in Common Law countries to determine the truth during adjudication whereby the prosecution and defense counsel compete against each other while the judge ensures fairness and adherence to rules.

Accepted Answer

The answer of The __________________ system is a set of...

Question 13

Which of the following is not an example of a popular (mixed) system?

Accepted Answer

The Chuzaisho system in Japan is not an example of a popular (mixed) system. It is a traditional Japanese system where local police officers act as intermediaries between the community and the police department, rather than a legal system. The other options listed do represent popular (mixed) systems, which combine elements of common law and civil law.

Question 14

In an adversarial system, which of the following is true?

Accepted Answer

In an adversarial system, the prosecutor is expected to prove guilt rather than potential innocence. The accused is not obligated to cooperate with the government, and suppressing evidence that would help the accused would violate their rights. Judicial control of the investigative process may not necessarily be the best way to uncover the truth, as it can create obstacles for law enforcement and may not guarantee the accuracy of evidence.

Question 15

Criminal procedure in most Socialist countries is similar to and derived from criminal procedures in:

Accepted Answer

Criminal procedure in most Socialist countries is derived from Civil Law systems, which are based on written laws and codes. These procedures often involve investigations by prosecutors, pre-trial detention, and trials in front of judges. Common Law systems, on the other hand, rely heavily on judicial precedent and case law. Islamic Law systems and Popular (mixed) systems may have different procedures and principles than those found in Socialist countries.

Question 16

What cannot be said of plea-bargaining?

Accepted Answer

Plea-bargaining does not ensure that justice is being done, as it often involves the defendant pleading guilty to a lesser charge in exchange for a lighter sentence, which may not accurately reflect the severity of the crime or ensure a just outcome.

Question 17

The United States and England use a __________________, who carries out many legal functions, including adjudicating traffic violations, some misdemeanors, small civil claims and some domestic matters.

Accepted Answer

The answer of The United States and England use a...

Question 18

Popular (mixed) systems are available in all legal traditions except in which legal tradition?

Accepted Answer

Popular (mixed) systems, which combine elements from different legal traditions, are found in common law, civil law, and socialist law traditions. Sacred law, however, typically does not incorporate such mixed systems due to its basis in religious principles and texts, which are not easily combined with secular legal systems.

Question 19

Which of the following is not one of the steps in a typical Chinese trial?

Accepted Answer

In a typical Chinese trial, there is no jury. Rather, the judges make the final decision and read the verdict. Therefore, option B is not one of the steps in a typical Chinese trial.

Question 20

__________________ refers to cases in which the accused agrees to plead guilty in return for various concessions, such as a lesser charge or a reduced sentence.

Accepted Answer

The answer of __________________ refers to cases in which the...

Quiz 6: Criminal Procedure