Indicate on the Grade Master Answer Form the best answer to the question by completely marking the box for the letter corresponding to the correct response. \"True\" is \"A\" and \"False\" is \"B\" on the Form. Multiple Choice 1. Procedural criminal law is the part of the law that: a. b. c. defines crimes and the punishments for committing them. defines civil or private rights and remedies. governs the procedures to which law enforcement must adhere in investigating and prosecuting crimes. governs the methods, procedures, and practices in civil litigation. d. 2. In the years following the War, as a condition of reentry into the American Union, the states that had seceded from the Union were required to ratify the Thirteenth, Fourteenth and Fifteenth Amendments to the Constitution. Such a process a. b. c. d. was contrary to the philosophy contained in the Constitution that states were free to ratify or refuse to ratify proposed constitutional amendments. did not follow the process for amending the Constitution that is contained within the document. clearly followed the listed process within the Constitution for amending its provisions as changes became necessary. a and b both state correct responses. 3. When the Constitution was released to the states to consider ratification in state conventions, by its terms the Constitution went into effect when ___ states had ratified the document. a. b. c. d. Five Nine Ten Thirteen 1 4. \"The right of the people to be secure in their persons, houses, papers and effects against unreasonable searches and seizures\" is protected by the ___________ Amendment to the United States Constitution. a. b. c. d. Fourteenth Sixth Fifth Fourth 5. The Thirteenth Amendment to the Constitution a. b. c. d. 6. The Fourteenth Amendment to the Constitution, among other things, a. b. c. d. 7. abolished slavery within the United States prevented states from abridging the right to vote based on race, color, or previous condition of servitude. granted the right to vote to all persons, regardless of gender. required all states to grant due process to all persons within its borders. abolished slavery within the United States prevented states from abridging the right to vote based on race, color, or previous condition of servitude. granted the right to vote to all persons, regardless of gender. required all states to grant due process to all persons within its borders. The Fifteenth Amendment to the Constitution, among other things, a. b. c. d. abolished slavery within the United States prevented states from abridging the right to vote based on race, color, or previous condition of servitude. granted the right to vote to all persons, regardless of gender. required all states to grant due process to all persons within its borders. 8. The United States Supreme Court has made certain rights provided in the Bill of Rights applicable to the states through: a. b. c. d. exclusion incorporation fairness intuition 2 9. The ____________ Amendment to the U. S. Constitution provides, in part, that no person \". . . shall be compelled in any criminal case to be a witness against himself.\" a. b. c. d. Sixth Fifth Fourth First 10. Certain protections enumerated in the first ten (10) amendments to the United States Constitution have been made applicable to State action through the _____ Amendment. a. b. c. d. Fifteenth Fourteenth Thirteenth Fifth 11. In a landmark case involving the Fourth Amendment, Weeks v. United States, 232 U.S.383 (1914), the Court determined a. that evidence seized illegally by federal law enforcement agents could still be used against a federal criminal defendant because the evidence still tells the truth, regardless of how it was obtained. that evidence illegally seized by federal law enforcement agents can be admitted against criminal defendants if the law enforcement officers were trying to carry out their duties properly where evidence has been seized in violation of the Fourth Amendment by federal law enforcement officials, it cannot be used to prove guilt against the person whose rights were violated. where evidence has been seized in violation of the Fourth Amendment by state law enforcement officials, it must be excluded from criminal trials. b. c. d. 12. In Wolf v. Colorado, 338 U.S. 25 (1949), the Supreme Court reviewed a case where state officers had seized evidence from the defendant in the absence of a warrant and from the inside of his home. The court determined that a. there was no due process violation by state police officials and the evidence was admissible in court where police obtained evidence under circumstances where federal officers would have violated the Fourth Amendment. illegally seized evidence can be used in state criminal trials without violating the Fourteenth Amendment's due process clause. the evidence should have been suppressed because the Fourth Amendment now applies in a way that limits the state law enforcement officials in the same way that federal officials have been limited for years. both a and b state correct responses. b. c. d. 3 13. A defendant in a criminal case within the United States, whether the prosecution is in state court or federal court has a Sixth Amendment right to a trial by jury a. b. c. d. when the potential sentence is greater than nine (9) months incarceration. when the potential sentence is at greater than six (6) months incarceration. when the potential sentence is greater than one (1) month incarceration. when the potential sentence is any incarceration. TRUE/FALSE: \"True\" is \"A\" and \"False\" is \"B\" on the Grade Master Answer Form. 14. Under the United States' federalist system, the central or national government coexists equally with 50 state governments. 15. The fear of a strong national government created significant challenges to getting the Constitution of the United States ratified by the minimum number of states. 16. Under the Articles of Confederation, the states were free to conduct their criminal justice systems as each saw fit, with virtually no limitation from or involvement with the central government. 17. The fear of a strong local governments, prompted agitation for a Bill of Rights so that the federal government under the Constitution could protect the rights of the citizens in the several states. 18. One problem that required compromise when drafting the Constitution in Philadelphia in 1787 involved issues of representation in the lower house of Congress because delegates from slaveholding states wanted slaves counted as full people and delegates from non-slaveholding states did not want to count any slaves as people for the purposes of apportioning representation in the House of Representatives. 19. The restrictions in the Bill of Rights were designed to restrict both the federal government and the state governments by giving people specific guarantees in writing. 20. In contrast with the government under the Articles of Confederation, the Constitution of the United States grants power to the federal government to regulate both interstate and foreign commerce. 21. In passing the amendment to abolish slavery, the intention of the framers of the amendment did not include the preventing of a draft to select men against their will to serve in the armed forces of the United States. 22. The Fifth Amendment originally required both the states and the federal government to pay private property owners the value of property that a government has taken for public use. 23. As decided in Hurtado v. California, 110 U.S. 516 (1884), and in a case that is still good today, no state must grant the right to a grand jury indictment in a serious state prosecution. 4 24. The right to a speedy trial under the Sixth Amendment has never been incorporated into the due process clause of the Fourteenth Amendment because a little delay does not affect any substantial rights of an accused defendant. 25. Where there is any chance of receiving incarceration as punishment, and indigent defendant must be given free counsel at trial, under current interpretations of the Sixth Amendment. 5