CH 4 The Rule of LAW

Administrative or regulatory agencies are important to the criminal law because:

• they render decisions that have the force of law.
• Habitual violations of their rules may be addressed through criminal proceedings.
• Legislatures often enact criminal statutes based on their recommendations.
• All the above

Most of the procedural, or due process rights, given to criminal suspects or   defendants in the United States are found in:

• common law
• the Bill of Rights
• the First Amendment of the Constitution
• Federal Rules of Criminal Procedure

The _____ protects Americans from “ unreasonable searches and seizures.

• Eighth Amendment
• Fifth Amendment
• Sixth Amendment
• Fourth Amendment

The _____ guarantees a right to a speedy and public trial.

• Eighth Amendment
• Fifth Amendment
• Sixth Amendment
• Fourth Amendment

The _____ states that excessive bail shall not be required.

• Eighth Amendment
• Fifth Amendment
• Sixth Amendment
• Fourth Amendment

Your textbook names ten critical stages during which the right to counsel has been extended.  Three are listed below.  Which of the following is NOT one of these critical stages?  

• questioning by law enforcement officers of suspects not in police custody.
• Arraignment, under most circumstances.
• The plea bargaining process.
• Preliminary hearings. Option 4 (optional)

The right to counsel may be waived, but only if the waiver is made:

• by the defendant’s attorney
• knowingly, intelligently, and voluntarily
• by the defendant, and at least two witnesses known to the defendant
• within 14 days after charges are filed

What is the most important contributing factor to wrongful convictions?

• inadequate legal representation
• eyewitness misidentification
• guilty pleas made voluntarily by innocent defendants
• judicial errors, bias, or neglect of duty

_____ is a formal means of social control that involves the use of rules that are interpreted, and are enforceable, by courts of a political community.

• substantive law
• procedural law
• civil law
• criminal law

For legal purposes, a criminal act may be considered either a tort or a crime or both, depending on how it is handled.

• True
• False