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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

In a constitutional democracy, when enforcing the criminal law

Officials are restricted by the law of criminal procedures

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

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

Striking the balance between community security and individual autonomy

Often difficult and the balance that is struck may not satisfy any individual party completely

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

The "means" side of the endmeans balance:

Is committed toward fairness in dealing with defendants

The procedural history of the case refers to the:

Informal procedural steps the case has taken

A____ opinion is not a type of opinion that can be issued by an appellate court whether federal or state

Judgement

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

The sixth amendment guarantees which of the following:

Investigate, prosecute, convict, and punish criminals

The sources of American criminal procedure law include:

US constitution, US Supreme Court decisions, federal rules of criminal procedure and court

Which of the following is not a source of criminal procedural law?

Administrative agency regulations

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

The due process revolution occurred:

Between 1960-1969

The supremacy clause of the US constitution:

Vests final government authority in the US constitution

The US Supreme Court has the power to manage how the lower federal courts conduct their business. This is called....

Supervisory power

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

The US constitution. ..

Sets minimum national constitutional standards

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

In which of the following situation does there exist an expectation of privacy?

Climbing over a backyard fence

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

Which of the following is not a show of authority seizure?

Following a pedestrian in a police car

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

In Terry v. Ohio the US Supreme Court ruled on:

Stop and frisk

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

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

The first part of the writ of assistance, where royal agents can search anyone, anywhere, any time, is referred to as a ____warrant.

General

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

The objective basis for stops and frisk is:

Lower than for arrests

Until the 1960s, the US Supreme Court followed the____ which says the warrant and reasonnableness clauses are firmly connected.

Conventional fourth amendment approach.

The first question to ask in Fourth Amendment cases is whether the officer:

Officer action was to stop and frisk

Which of the following is considered a type of hearsay information?

Statements by fellow officers

The Supreme Court balancing approach to stop and frisk requires weighing...

Individual privacy rights and the value of controlling crime

Reid v. Georgia(1980) ruled that:

The drug courier profile by itself cannot amount to reasonable suspicion

The balancing approach to reasonableness is...

Requires courts to weigh the degree of intrusion against the gov't need for intrusion

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

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.

Stops differ from arrests in that:

They occur in public places and are shorter in duration

When an official takes a person into custody and holds him from anywhere between a few hours to a few days

Custodial arrest

Whether the fourth amendment seizures are stops or arrests depends on

Duration, invasiveness, and location

Which of the following is not a requirement of obtaining a warrant to arrest a suspect in his home

Suspect criminal history

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

Who determines the ultimate legitimacy of a request for an arrest warrant

A neutral magistrate

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

Probable cause deals with

Factual and praticar considerations of everyday life

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

C