Test Bank For Criminal Procedure 9th Edition by Joel Samaha
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Course
Criminal Procedure
Institution
Criminal Procedure
Chapter 03: THE DEFINITION OF SEARCHES AND SEIZURES THE DEFINITION OF SEARCHES AND SEIZURES
1. Until 1967, the U.S. Supreme Court defined searches mainly according to property law. According to the ____________, to qualify as a search, officers had to invade physically a “constitutionally prote...
,Chapter 01: CRIME CONTROL IN A CONSTITUTIONAL DEMOCRACY
CRIME CONTROL IN A CONSTITUTIONAL DEMOCRACY
1. In a constitutional democracy:
a. the majority could authorize the police to arrest an individual based on the hunch that he/she committed a
crime.
b. the majority has total power to determine how much authority the police have.
c. neither a single dictator nor an overwhelming majority of people have total power.
d. the power of police depends on which party won the most recent election.
ANSWER: c
REFERENCES: Crime Control in U.S. Constitutional Democracy
LEARNING OBJECTIVES: CRPR.SAMA.15.01.02 - 02
2. In a constitutional democracy, when enforcing the criminal law:
a. officials are restricted by the law of criminal procedure.
b. officials are restricted by the legislature.
c. officials are restricted by popular opinion.
d. officials have wide latitude to decide what actions to take.
ANSWER: a
REFERENCES: Crime Control in U.S. Constitutional Democracy
LEARNING OBJECTIVES: CRPR.SAMA.15.01.02 - 02
3. According to legal experts, the primary generators of the rules to regulate the behavior of police, prosecutors, and
others involved in the criminal process rests with the:
a. legislature.
b. President of the United States.
c. trial courts.
d. U.S. Supreme Court.
4. The states are free to _________________ operating procedures established by the U.S. Supreme Court that
apply to the administration of criminal justice.
a. lower or reduce the
b. ignore the
c. raise the minimum
d. raise the maximum
,Chapter 01: CRIME CONTROL IN A CONSTITUTIONAL DEMOCRACY
CRIME CONTROL IN A CONSTITUTIONAL DEMOCRACY
5. Striking the balance between community security and individual autonomy:
a. is generally a straightforward process.
b. is often difficult and the balance that is struck may not satisfy any individual party completely.
c. usually leads to an emphasis on community security.
d. requires the court to find in favor of the individual.
ANSWER: b
REFERENCES: Crime Control in U.S. Constitutional Democracy
LEARNING OBJECTIVES: CRPR.SAMA.15.01.02 - 02
CRPR.SAMA.15.01.03 - 03
6. According to the text, a vast majority of citizens never go further than which of the following legs of the criminal
procedure road map?
a. Public places
b. Police stations
c. Prosecutor's offices
d. Trial courts
7. The “means” side of the endmeans balance:
a. is committed towards fairness in dealing with defendants.
b. is devoted to giving government officials as much power possible.
c. is concerned that too many defendants go free on technicalities.
d. fosters the result side of the criminal justice process.
ANSWER: a
REFERENCES: Crime Control in U.S. Constitutional Democracy
LEARNING OBJECTIVES: CRPR.SAMA.15.01.04 - 04
8. The procedural history of the case refers to the:
a. informal procedural steps the case has taken.
b. indictment phase of the case.
c. formal procedural steps the case has taken.
d. appeals portion of the case.
, Chapter 01: CRIME CONTROL IN A CONSTITUTIONAL DEMOCRACY
CRIME CONTROL IN A CONSTITUTIONAL DEMOCRACY
9. A ______________ opinion is NOT a type of opinion that can be issued by an appellate court, whether federal
or state.
a. concurring
b. majority
c. plurality
d. judgment
10. The due process revolution in the 1960s:
a. emphasized the police power of the state to control individuals who were protesting the government’s
policies.
b. tilted the balance between results and means in criminal justice in favor of the state.
c. emphasized the needs of crime victims.
d. tilted the balance between results and means in criminal justice in favor of process (means) and individual
rights.
ANSWER: d
REFERENCES: Crime Control in U.S. Constitutional Democracy
LEARNING OBJECTIVES: CRPR.SAMA.15.01.04 - 04
11. The trend today in balancing results and means in criminal justice:
a. continues to be strongly in favor of individual rights by emphasizing process (means).
b. has shifted away from process to results.
c. is impossible to determine because the Supreme Court has not made it clear.
d. is equally poised between process (means) and results.
ANSWER: b
REFERENCES: Crime Control in U.S. Constitutional Democracy
LEARNING OBJECTIVES: CRPR.SAMA.15.01.03 - 03
12. The balance between society and individual and between ends and means is tested most seriously:
a. during wartime.
b. during depression.
c. during natural disasters.
d. during civil rights movements.
ANSWER: a
REFERENCES: Crime Control in U.S. Constitutional Democracy
LEARNING OBJECTIVES: CRPR.SAMA.15.01.02 - 02
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