Test Bank For Criminal Procedure for the Criminal Justice Professional 11th Edition by Ferdico
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Course
Criminal Procedure
Institution
Criminal Procedure
Multiple Choice
TEST BANK
1. The common law approach to applying the Fourth Amendment to particular cases was to focus on:
a. whether the subjective privacy rights of the individual had been violated.
b. whether law enforcement used force during a search and/or seizure.
c. whether the governm...
1. Like most constitutional democracies, the justice system in the United States
continually experiences a tension between the need to _______________ and the
need to _______________.
2. respect individual rights; maintain public order
3. balance power; maintain public order
4. limit power; allow certain governmental intrusion
5. limit public rights; broaden individual rights
1.
2. ANS: A REF: 4-6 LO: 1
6. Which document preceded the current U.S. Constitution in governing the first
thirteen states?
7. Articles of Confederation
8. Bill of Rights
9. Magna Carta
10. Declaration of Independence
3.
4. ANS: A REF: 7 LO: 2
11. Which branch of the government has the greatest role in protection of individual
liberties?
12. Legislative
13. Executive
14. President
15. Judicial
5.
6. ANS: D REF: 9 LO: 3
16. Which doctrine allows the Supreme Court to determine if a law violates the
Constitution?
17. habeas corpus
18. posse comitatus
19. certiorari
20. judicial review
7.
8. ANS: D REF: 9 LO: 3
1
,Test Bank
21. A person has filed a lawsuit on equal protection grounds claiming racial
discrimination. Which of the following standards of review will be used to
resolve the issue of law?
22. Fair and adequate notification test
23. Strict Scrutiny
24. Intermediate scrutiny
25. Rational Basis Test
9.
10. ANS: B REF: 32-35 LO: 6
26. Constitutional guarantees against self-incrimination are primarily covered by
which of the following amendments?
27. First
28. Fourth
29. Fifth
30. Eighth
11.
12. ANS: C REF: 22-24 LO: 5
31. If a person in prison believes he or she is being held in violation of the
Constitution, they should probably seek
32. a writ of corpus delicti.
33. a writ of habeas corpus.
34. a bill of attainder.
35. a prima facie case.
13.
14. ANS: B REF: 12-13 LO: 4
36. Ex post facto laws
37. impose punishment by an act of the legislature.
38. are retroactive laws which act to the detriment of the accused.
39. guarantee that federal crimes, except impeachment, be tried before a jury.
40. retroactively enhance the rights of the accused.
15.
16. ANS: B REF: 13 LO: 4
41. The only crime defined in the United States Constitution is
42. attainder.
43. ex post facto.
44. forfeiture.
45. treason.
17.
18. ANS: D REF: 14 LO: 4
2
, Chapter 1: Individual Rights Under the United States Constitution
46. Judicial decisions have made it clear that “speech” goes beyond oral
communication and includes both artistic expression and
47. violence when warranted.
48. symbolic speech.
49. unrestrained activity.
50. freedom of movement.
19.
20. ANS: B REF: 14-16 LO: 5
51. 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.
52. legitimate regulation
53. Intermediate scrutiny
54. strict scrutiny
55. rational basis
21.
22. ANS: C REF: 32-35 LO: 6
56. The __________________ provides that no law is constitutional if it “prohibits
the free exercise” of religion.
57. Proportionality Clause
58. Symbolic Speech Clause
59. Free Exercise Clause
60. Probable Cause Clause
23.
24. ANS: C REF: 19 LO: 5
1.
61. The Fourth Amendment prohibits ___________ searches and seizures.
62. unlawful
63. surreptitious
64. unreasonable
65. unwarranted
25.
26. ANS: C REF: 20 LO: 5
66. Which of the following is most consistent with the principles of the Crime
Control Model?
67. a strong appellate court system with multiple layers of appeals and habeas corpus
filings
68. confidence in the police and prosecutors’ judgments
69. a skepticism toward the decisions of police and prosecutors
70. opposition to additional resources to build more prisons and fund more police
officers on patrol
27.
28. ANS: B REF: 4-6 LO: 1
3
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