Test Bank for Criminal Procedure 3 rd Edition John L. Worrall 1 / 4
157 Criminal Procedure (Justice Series), 3e (Worrall) Chapter 1 Introduction to Criminal Procedure
1.1 Multiple Choice
1) Which of the following is rarely a relevant constitutional amendment in criminal procedure?
- The Second Amendment
- The Fifth Amendment
- The Sixth Amendment
- The Fourteenth Amendment
Answer: A
Page Ref: 3
Objective: Summarize the Constitutional basis for criminal procedure.
Level: Basic
2) Which of the following are NOT sources of rights?
- Court decisions
- Police department policies
- Federal Constitution
- Statutes
Answer: B
Page Ref: 3
Objective: Summarize the Constitutional basis for criminal procedure.
Level: Basic
3) ________ contain(s) criminal procedure guidelines that federal criminal justice practitioners are required to abide by.
- State constitutions
- State statutes
- The Federal Rules of Criminal Procedure
- The federal Constitution
Answer: C
Page Ref: 3
Objective: Summarize the Constitutional basis for criminal procedure.
Level: Intermediate
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158 4) The ________ Amendment states: "No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation."
- Fourth
- Fifth
- Sixth
- Eighth
Answer: B
Page Ref: 4
Objective: Summarize the Constitutional basis for criminal procedure.
Level: Basic
5) The Fifth Amendment protects against:
- Double jeopardy.
- Self-incrimination.
- Due process violations.
- All of the above
Answer: D
Page Ref: 4
Objective: Summarize the Constitutional basis for criminal procedure.
Level: Basic
6) The ________ incorporation perspective favors incorporation of certain protections enumerated in the Bill of Rights, not all of them.
- Total
- Selective
- Fundamental rights
- Total incorporation plus
Answer: B
Page Ref: 5
Objective: Summarize the Constitutional basis for criminal procedure.
Level: Intermediate
7) Which of the following best characterizes the total incorporation perspective?
- Certain protections listed in the Bill of Rights should be incorporated.
- Not just the whole Bill of Rights, but other rights (e.g., privacy. should be incorporated.
- Fundamental rights should be incorporated.
- None of the above
Answer: D
Page Ref: 5
Objective: Summarize the Constitutional basis for criminal procedure.
Level: Difficult
8) Which incorporation perspective has arguably ʺwon outʺ over the others? 3 / 4
159
- Selective incorporation
- Total incorporation
- Total incorporation plus
- None of the above
Answer: A
Page Ref: 5
Objective: Summarize the Constitutional basis for criminal procedure.
Level: Basic
9) The Fourth Amendment protects against:
- Self-incrimination.
- Due process violations.
- Unreasonable searches and seizures.
- Cruel and unusual punishments.
Answer: C
Page Ref: 6
Objective: Summarize the Constitutional basis for criminal procedure.
Level: Basic
10) The Sixth Amendment provides for:
- Freedom of speech.
- The right to remain silent.
- The assistance of counsel.
- The right to bear arms.
Answer: C
Page Ref: 6
Objective: Summarize the Constitutional basis for criminal procedure.
Level: Basic
11) Stare decisis is a Latin term that means:
- No past decision exists.
- Treat each case as unique.
- To disregard past decisions.
- To abide by or to adhere to decided cases.
Answer: D
Page Ref: 6
Objective: Explain the importance of precedent.
Level: Basic
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