TEST BANK
Criminal Procedure: From First Contact to Appeal Seventh Edition
by John L. Worrall
Criminal Procedure, 7e (Worrall)
Chapter 1 Introduction to Criminal Procedure
1.1 Multiple Choice Questions
1) The most important source of rights applying to criminal procedure is/are:
A) Court decisions
B) The U.S. Constitution
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C) State constitutions
D) Statutes
Answer: B
Page Ref: 2
Objective: Summarize the constitutional basis for criminal procedure.
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Level: Basic
2) There are five constitutional amendments that are of special importance to criminal procedure: the
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Fourth, Fifth, Sixth, Eighth, and Fourteenth. Which of these is the most well-known source of rights
in criminal procedure?
A) Fourth Amendment
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B) Fifth Amendment
C) Sixth Amendment
D) Eighth Amendment
Answer: A
Page Ref: 3
Objective: Summarize the constitutional basis for criminal procedure.
Level: Basic
3) Which statement is true of the Fourth Amendment?
A) It protects from cruel and unusual punishment.
B) It provides for a speedy and public trial, impartial jury, confrontation, compulsory process, and
assistance or counsel.
C) It provides protection from double jeopardy and self-incrimination and for grand jury indictment
in serious crimes.
D) It protects from unreasonable searches and seizures.
Answer: D
Page Ref: 3
Objective: Summarize the constitutional basis for criminal procedure.
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Level: Basic
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4) Which statement is true of the Fifth Amendment?
A) It protects from unreasonable searches and seizures.
B) It provides protection from double jeopardy and self-incrimination and for grand jury indictment
in serious crimes.
C) It provides for a speedy and public trial, impartial jury, confrontation, compulsory process, and
assistance or counsel.
D) It includes the so-called due process clause, which has been used to incorporate various other
rights described in the Bill of Rights.
Answer: B
Page Ref: 4
Objective: Summarize the constitutional basis for criminal procedure.
Level: Basic
5) Which statement is true of the Sixth Amendment?
A) It protects from unreasonable searches and seizures.
B) It includes the so-called due process clause, which has been used to incorporate various other
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rights described in the Bill of Rights.
C) It protects from cruel and unusual punishment.
D) It provides for a speedy and public trial, impartial jury, confrontation, compulsory process, and
assistance or counsel.
Answer: D
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Page Ref: 4
Objective: Summarize the constitutional basis for criminal procedure.
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Level: Basic
6) Which statement is true of the Eighth Amendment?
A) It protects from cruel and unusual punishment.
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B) It protects from unreasonable searches and seizures.
C) It includes the so-called due process clause, which has been used to incorporate various other
rights described in the Bill of Rights.
D) It provides for a speedy and public trial, impartial jury, confrontation, compulsory process, and
assistance or counsel.
Answer: A
Page Ref: 4
Objective: Summarize the constitutional basis for criminal procedure.
Level: Basic
7) Which statement is true of the Fourteenth Amendment?
A) It provides protection from double jeopardy and self-incrimination and for grand jury indictment
in serious crimes.
B) It provides for a speedy and public trial, impartial jury, confrontation, compulsory process, and
assistance or counsel.
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C) It includes the so-called due process clause, which has been used to incorporate various other
rights described in the Bill of Rights.
D) It protects from cruel and unusual punishment.
Answer: C
Page Ref: 4
Objective: Summarize the constitutional basis for criminal procedure.
Level: Basic
8) The due process clause consists of two types of due process: substantive and procedural. Substantive
due process refers to:
A) Procedural fairness
B) Protection from arbitrary and unreasonable action on the part of state officials
C) Exemption from complicity by government officials
D) None of the above
Answer: B
Page Ref: 4
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Objective: Summarize the constitutional basis for criminal procedure.
Level: Intermediate
9) The total incorporation perspective can be best described as the view that:
A) The Fourteenth Amendment’s due process clause incorporates the entire Bill of Rights
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B) Protections listed in the Bill of Rights should be incorporated
C) Not just the whole Bill of Rights, but other rights (e.g., privacy) should be incorporated
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D) Fundamental rights should be incorporated
Answer: A
Page Ref: 6
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Objective: Summarize the constitutional basis for criminal procedure.
Level: Intermediate
10) Which view of incorporation favors incorporation of certain protections enumerated in the Bill of
Rights, but not all of them? It deems certain rights as being more critical or fundamental than others.
A) Total Incorporation
B) Selective Incorporation
C) Total Incorporation Plus
D) Case-by-Case Incorporation
Answer: B
Page Ref: 6
Objective: Summarize the constitutional basis for criminal procedure.
Level: Intermediate