Question 1

The difference in the right to an attorney during the pretrial process illustrates how English criminal procedure is more highly developed than American procedure.

Accepted Answer

In the American criminal justice system, the right to an attorney during the pretrial process is strongly protected under the Sixth Amendment, ensuring that individuals have legal representation. This contrasts with some aspects of English criminal procedure, where the right to counsel has different historical roots and developments, but it does not necessarily mean that English procedure is less developed, just different in its approach and protections.

Question 2

In France, the _______________ is the examining magistrate who is responsible for a complete and impartial investigation of the facts.

Accepted Answer

The answer of In France, the _______________ is the examining...

Question 3

In France, the reason for secrecy in pretrial investigation proceedings is to protect the accused from adverse publicity prior to the determination that the government has a strong case for prosecution.

Accepted Answer

In France, the Code of Criminal Procedure requires secrecy in pretrial investigation proceedings to protect the accused from adverse publicity until the government has established a solid basis for prosecution. This is intended to protect the accused's presumption of innocence and ensure that pretrial publicity does not prejudice the case against them.

Question 4

The inquisitorial system has not been a main model of criminal procedure for many years.It has been around for roughly 50 years.

Accepted Answer

The inquisitorial system has been in use for several centuries, especially in civil law countries like France, Spain, and Italy. It is still used in many countries today, including inquisitorial elements incorporated into common law systems like the UK and Australia.

Question 5

Japan's ability to borrow from the different legal traditions of the world while retaining its own social mores appears to have resulted in a very successful criminal justice system.

Accepted Answer

Japan's criminal justice system has been praised for its ability to combine elements from various legal traditions, including those of the West, while still maintaining its own cultural and social values. This has allowed for a system that is both efficient and just, with a low crime rate and high level of public trust.

Question 6

The French system is known as _____________________ because the council decides on issues of constitutionality without hearing actual cases that have arisen under specific laws.

Accepted Answer

The answer of The French system is known as _____________________...

Question 7

Germany uses lay judges, called "Schoffen," extensively in courts of appeal for cases of limited jurisdiction and for first level cases of general criminal jurisdiction.

Accepted Answer

Germany does use lay judges, called "Schoffen," extensively in courts of appeal for cases of limited jurisdiction and for first level cases of general criminal jurisdiction.

Question 8

___________________ courts and their decisions cross national boundaries and supposedly have higher legal standing then decisions of courts in individual countries.

Accepted Answer

The answer of ___________________ courts and their decisions cross national...

Question 9

About _________ percent of criminal cases are settled through plea bargains in the United States.

Accepted Answer

The answer of About _________ percent of criminal cases are...

Question 10

In Europe, the adversarial system is also referred to as the accusatorial system.

Accepted Answer

This is true. In some European countries, the adversarial system is referred to as the accusatorial system, where the emphasis is on the parties presenting evidence to an impartial judge or tribunal.

Question 11

The organization responsible for the non-judicial form of constitutional review in China is the ____________________________________________.

Accepted Answer

The answer of The organization responsible for the non-judicial form...

Question 12

The prevalent opinion amongst contemporary Muslim lawyers is that "traditional Islamic law affords human rights protections to the criminally accused, comparable to those recognized in modern international law."

Accepted Answer

Many contemporary Muslim lawyers argue that traditional Islamic law includes human rights protections for the accused that are similar to those found in modern international law. This idea is based on the principles of due process, the presumption of innocence, and the prohibition of torture and other cruel punishments, among others. However, there is debate and disagreement among Muslim scholars and legal thinkers regarding the proper interpretation and application of Islamic law in modern times.

Question 13

In France, bail serves two purposes: to ensure the suspect will appear in court and to pay fines or damages if he or she is found guilty.

Accepted Answer

This statement is true. Bail in France serves the dual purpose of ensuring that the suspect will appear in court and paying fines or damages if they are found guilty.

Question 14

International Criminal Tribunals have been created in _______________ and __________________.

Accepted Answer

The answer of International Criminal Tribunals have been created in...

Question 15

The end result of _______________ seems to be a certain homogenization of criminal procedure among the legal traditions.

Accepted Answer

The answer of The end result of _______________ seems to...

Question 16

In France, the ___________ is a complete record of the pretrial proceedings and it informs the judges, the defense attorney and others about the testimony of key witnesses and the evidence to be presented.

Accepted Answer

The answer of In France, the ___________ is a complete...

Question 17

Trial by jury today is used more than previously in Common Law systems.

Accepted Answer

Trial by jury has become less common in many Common Law jurisdictions, with a significant portion of cases now being decided by judges alone, especially for less serious offenses or complex civil cases.

Question 18

______________________ operate with the support of the United Nations to prosecute those responsible for crimes against humanity, war crimes, and violations of domestic law.

Accepted Answer

The answer of ______________________ operate with the support of the...

Question 19

The power of a court to review legal action and legal decisions made by those in the criminal justice system is known as _______________.

Accepted Answer

The answer of The power of a court to review...

Question 20

Popular justice is the oldest of the procedural systems of justice, practiced long before the formation of modern societies.

Accepted Answer

Popular justice, also known as customary or traditional justice, has been practiced by many cultures and communities for centuries, predating modern legal systems. It involves resolving disputes and administering justice through customary norms and practices, rather than formal statutory law.

Quiz 6: Criminal Procedure