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48 Cards in this Set
- Front
- Back
In a constitutional democracy: |
Neither a single dictator nor overwhelming majority of people have total power |
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In a constitutional democracy, when enforcing the criminal law |
Officials are restricted by the law of criminal procedures |
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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. .. |
US Supreme Court |
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The states are free to____operating procedures established by the U.S. Supreme Court that apply to the administration of criminal justice |
Raise the minimum |
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Striking the balance between community security and individual autonomy |
Often difficult and the balance that is struck may not satisfy any individual party completely |
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According to the text, a vast majority of citizens never go further than which of the following legs of the criminal procedure road map? |
Public places |
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The "means" side of the endmeans balance: |
Is committed toward fairness in dealing with defendants |
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The procedural history of the case refers to the: |
Informal procedural steps the case has taken |
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A____ opinion is not a type of opinion that can be issued by an appellate court whether federal or state |
Judgement |
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The due process revolution in the 1960s: |
Tilted the balance between results and means in criminal justice in favor of process (means) and individual rights |
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The sixth amendment guarantees which of the following: |
Investigate, prosecute, convict, and punish criminals |
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The sources of American criminal procedure law include: |
US constitution, US Supreme Court decisions, federal rules of criminal procedure and court |
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Which of the following is not a source of criminal procedural law? |
Administrative agency regulations |
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According to the____ the US Supreme Court interpretation trumps interpretation of all other courts, federal and local, and of Congress and all state and legislature |
Principal of judicial review |
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The due process revolution occurred: |
Between 1960-1969 |
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The supremacy clause of the US constitution: |
Vests final government authority in the US constitution |
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The US Supreme Court has the power to manage how the lower federal courts conduct their business. This is called.... |
Supervisory power |
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A decision of the U.S. Supreme Court that is based on am interpretation of a provision of the US constitution |
Both state courts and lower federal courts |
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The US constitution. .. |
Sets minimum national constitutional standards |
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Until 1967, US Supreme Court defined searches mainly according to property law. According to the____ to qualify as a search, officers had to invade physically a "constitutional protected area" |
Trespass doctrine |
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In which of the following situation does there exist an expectation of privacy? |
Climbing over a backyard fence |
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Illinois v. Cabaeas supreme Court ruled that. .. |
The use of a well trained drug sniffing dogs to expose contraband items that would remain hidden in a routine traffic stop, does not intrude on a driver's reasonable expectation of privacy and the fourth amendment dos not apply |
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Which of the following is not a show of authority seizure? |
Following a pedestrian in a police car |
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If it is determined that the police have not engaged in a search or seizure... |
The police actions are not subject to the fourth amendment's requirement |
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In Terry v. Ohio the US Supreme Court ruled on: |
Stop and frisk |
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General warrants, or writs of assistance, as they were known in Britain and the American colobies were.... |
Gave the person with the writ authority to enter any house for the entire life of the monarch |
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What effect has the fourth amendment search and seizure conditions had on American criminal procedure? |
It has assisted in protecting a notion of privacy for individuals |
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The first part of the writ of assistance, where royal agents can search anyone, anywhere, any time, is referred to as a ____warrant. |
General |
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According to the Supreme Court in Katz v. US involving an electronic listening and recording device attached to the outside of a public telephone booth... |
Fourth amendment protects people, not places |
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The objective basis for stops and frisk is: |
Lower than for arrests |
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Until the 1960s, the US Supreme Court followed the____ which says the warrant and reasonnableness clauses are firmly connected. |
Conventional fourth amendment approach. |
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The first question to ask in Fourth Amendment cases is whether the officer: |
Officer action was to stop and frisk |
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Which of the following is considered a type of hearsay information? |
Statements by fellow officers |
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The Supreme Court balancing approach to stop and frisk requires weighing... |
Individual privacy rights and the value of controlling crime |
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Reid v. Georgia(1980) ruled that: |
The drug courier profile by itself cannot amount to reasonable suspicion |
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The balancing approach to reasonableness is... |
Requires courts to weigh the degree of intrusion against the gov't need for intrusion |
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The Supreme Court has adopted which of the following readings of the fourth amendment regarding stop and frisks |
Requires a lesser quantum of proof or suspicion for stop than for arrest |
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According to the Supreme Court opinion in Terry v. Ohio, involving a police stop and a frisk a citizen on a street to investigate a possible robbery: |
In dealing with dangerous situations on city streets, police need an escalating set of flexible responses. |
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Stops differ from arrests in that: |
They occur in public places and are shorter in duration |
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When an official takes a person into custody and holds him from anywhere between a few hours to a few days |
Custodial arrest |
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Whether the fourth amendment seizures are stops or arrests depends on |
Duration, invasiveness, and location |
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Which of the following is not a requirement of obtaining a warrant to arrest a suspect in his home |
Suspect criminal history |
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Which of the following represents first hand information immediately available to officers trying to establish probable cause? |
A finger print match from the crime lab |
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Who determines the ultimate legitimacy of a request for an arrest warrant |
A neutral magistrate |
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According to the Supreme Court in Draper v. U.S. involving a narcotic arrest based on an informants description of a suspect |
Hearsay can be used to determine probable cause |
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Probable cause deals with |
Factual and praticar considerations of everyday life |
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In which of the following situations have the courts found a use of unreasonable force? |
Binding a suspect ' ankles to his wrists behind his back |
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C |