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The American System of Criminal Justice

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1. The elimination of mistakes is emphasized more by the crime control Model of criminal justice.

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2. When a conflict arises between state and federal law, the supremacy clause of the US Constitution states that federal law controls.

3. List ONE reason why a state Supreme Court may interpret its constitution to grant defendants greater rights than granted by the US Supreme Court’s under the US Constitution If the federal law does not protect the defendant under a certain bill of right that is covered in the state law.

4. Police, prosecution and correctional agencies are located in the executive branch of government.

5. In the 1920’s and 1930’s the Supreme Court incorporated various provisions of the due process clause of the Bill of Rights.

6. List ONE historical example (please pick something other than the Patriot Act) of a law or practice that threatened civil liberties during a time of war: Smith Act (Cole & Smith, 2009).

7. The two major functions of the courts are rule civil law and rule common law.

8. In Palko v Connecticut (1937), Justice Cardozo ruled that the Double Jeopardy Clause of the 5th Amendment did not apply in a state cause because it was a mere error free trial right. 9. The criminal procedure decisions of the Burger and Rehnquist courts, after the decade of the 1960’s has been termed a conservative constitutionalism.

10. In the era between 1884 and 1908 the only Bill of Rights provision held by the Supreme Court to be included in the concept of due process was the equal protection clause.

11. The Supreme Court applies harmless error doctrine when it rules that there was a constitutional error in the case but the conviction is still upheld.

12. Incorporation theory is the theory that the due process clause of the Fourteenth Amendment makes all of the provisions of the Bill of Rights applicable to the states.

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13. A state Supreme Court may grant a defendant greater rights than granted by the United States Supreme Court under the federal Constitution if the state decision is based on a speedy trial right violation.

14. Justice Rehnquist stated that the rule of majority is not important where earlier cases were decided by close votes.

15. Judicial review means the power of an appellate court to declare legislative acts unconstitutional.

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