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Criminal Courts (U.S.) MCQ

Is writ of habeas corpus an order requesting that a prisoner be brought before the court so that the constitutionality of his or her confinement can be reviewed. In the United States, the process begins when an individual who is incarcerated petitions a district court or the U.S. Supreme Court for a writ of habeas corpus. If the court grants the petition and issues the writ, the individual’s case will be reviewed?

Answer

Correct Answer: True

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_____ is known as applied the entire Bill of Rights, as well as other nonspecified rights, such as the right to privacy.

Answer

Correct Answer: Total incorporation plus

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_____ is defined as the entire Bill of Rights was applied to the states.

Answer

Correct Answer: Total incorporation

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_____ is classification based on race or gender.

Answer

Correct Answer: Suspect classification

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Is substantive due process due process rights that extend beyond procedural rights to encompass substantive rights such as free speech and privacy?

Answer

Correct Answer: True

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_____ is known as method of determining whether a state may abridge someone’s fundamental rights. Generally found in favor of the individual.

Answer

Correct Answer: Strict scrutiny

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_____ is defined as certain parts of the Bill of Rights that were applied to the states. The process of how some, but not all, of the Bill of Rights were made applicable to the states through the Due Process Clause of the Fourteenth Amendment.

Answer

Correct Answer: Selective incorporation

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_____ is the right to be represented by a lawyer at all the critical stages of the criminal justice process. Indigent defendants have the right to a lawyer provided by the state.

Answer

Correct Answer: Right to counsel

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Is right of appeal although offenders do not have a constitutional right to appeal their convictions, every jurisdiction has created a statutory right to appeal to one higher court. The purpose of this is to ensure that proper procedures were followed by all the parties to the case, including the judge?

Answer

Correct Answer: True

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Is rational basis another method of determining whether a state may abridge someone’s fundamental rights. A lesser standard of proof is required, and the courts generally find in favor of the state?

Answer

Correct Answer: True

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_____ is known as justification for a search or seizure. Not as stringent as proof beyond a reasonable doubt but more than reasonable suspicion or a hunch.

Answer

Correct Answer: Probable cause

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_____ is defined as doctrine that describes the whole as greater than the sum of its parts.

Answer

Correct Answer: Penumbra

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_____ is the warnings that police must provide a criminal suspect prior to questioning the suspect, if they wish to use the suspect’s statements against him or her at trial.

Answer

Correct Answer: Miranda warnings

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Is legislation rules enacted by the legislature?

Answer

Correct Answer: True

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_____ is known as standard under which laws involving quasi–suspect classifications such as gender and legitimacy are reviewed. A law is upheld if it is substantially related to an important government

Answer

Correct Answer: Intermediate scrutiny

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_____ is defined as a substitute for an indictment, filed directly with the court by the prosecutor, thus bypassing the grand jury.

Answer

Correct Answer: Information

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_____ is those rights possessed by an individual that protect him or her from others or the government.

Answer

Correct Answer: Individual rights

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Is indictment a document formally charging the defendant with a crime handed down by a grand jury after hearing the evidence presented by the prosecutor. The requirement of an indictment before criminal prosecution is one of a handful of provisions of the Bill of Rights, which has not been incorporated into the Fourteenth Amendment and applied to the states?

Answer

Correct Answer: True

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_____ is defined as the process by which most provisions of the Bill of Rights have been extended to the states by way of the Fourteenth Amendment.

Answer

Correct Answer: Incorporation

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_____ is occurs when the trial jury is unable to reach a unanimous verdict in a case that requires unanimity.

Answer

Correct Answer: Hung jury

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Is grand jury a group of citizens, selected in a fashion similar to a trial jury, who listen to the case presented by a prosecutor and determine whether there is sufficient evidence to bind the defendant over for trial. The purpose of the grand jury is to ensure the government does not prosecute individuals without some proof of guilt. Thus, the grand jury is meant to serve as a check on the power of the government, serving as a barrier standing between the individual citizen and the government?

Answer

Correct Answer: True

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_____ is known as those freedoms essential to the concept of ordered liberty, rights without which neither liberty nor justice would exist.

Answer

Correct Answer: Fundamental rights

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_____ is defined as legislation making prior conduct criminal.

Answer

Correct Answer: Ex post facto laws

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_____ is the rule that a person may be legally tried in state and federal court for the same offense.

Answer

Correct Answer: Dual-sovereignty doctrine

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Is double jeopardy the principle that a jurisdiction may not (a) prosecute someone again for the same crime after the person has been acquitted, (b) prosecute someone again for the same crime after the person has been convicted, and (c) punish someone twice for the same offense. This does not mean a state may not try someone again if the first trial ends in a mistrial or a hung jury?

Answer

Correct Answer: True

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Is constitution a document that creates a government?

Answer

Correct Answer: True

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_____ is known as legislation imposing punishment without trial.

Answer

Correct Answer: Bills of attainder

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_____ is defined as the first ten amendments to the U.S. Constitution, setting forth a variety of individual rights.

Answer

Correct Answer: Bill of rights

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_____ is rules enacted by state or local agencies, such as regulations affecting food and drugs, and occupational safety requirements.

Answer

Correct Answer: Administrative regulation

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Is acquittal occurs when a jury votes unanimously that the defendant has not been proven guilty “beyond a reasonable doubt,” which is the burden of proof in a criminal case. An acquittal, or “not guilty” verdict, does not necessarily mean that the defendant did not commit the crime for which he or she was charged; it simply means that the state was unable to meet the high burden of proof necessary for conviction?

Answer

Correct Answer: True

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What has the court defined as the meaning of a “speedy” trial?

Answer

Correct Answer: Without unnecessary delay

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Which of the following is not a right enumerated in the First Amendment?

Answer

Correct Answer: Right to counsel

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Laws involving quasi-suspect classifications such as gender and legitimacy are reviewed under what standard?

Answer

Correct Answer: Intermediate scrutiny

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What is a substitute for an indictment that is filed directly with the court by the prosecutor?

Answer

Correct Answer: Information

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Laws that make prior conduct illegal are called ______.

Answer

Correct Answer: Ex post facto laws

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The United States operates primarily under selective incorporation.

Answer

Correct Answer: True

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Race and gender are considered “suspect classifications.”

Answer

Correct Answer: True

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The tool for incorporation of the Bill of Rights to the states was included in the original Bill of Rights.

Answer

Correct Answer: False

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Miranda warnings are included in the Sixth Amendment.

Answer

Correct Answer: True

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The dual-sovereignty doctrine allows prosecution of the same offense in state and federal courts.

Answer

Correct Answer: False

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The Fourth Amendment to the U.S. Constitution grants the right to protection from only “unreasonable” searches and seizures

Answer

Correct Answer: True

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The First Amendment to the U.S. Constitution explicitly establishes the “separation of church and state.”

Answer

Correct Answer: False

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The Constitution prohibits punishment without a trial.

Answer

Correct Answer: True

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In order to prevent misinterpretation, statutes are often written to involve specific situations with specific remedies suggested.

Answer

Correct Answer: False

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One source of law is administrative regulations.

Answer

Correct Answer: True

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