The primary purpose of criminal procedure is to maintain the proper balance between:
a. controlling crime and due process.
b. dictatorship and democracy.
c. servitude and equality.
d. protection and procedure.
(Question #2) The theory world and real world can differ for which of the following reasons?
a. The Supreme Court sometimes makes decisions on excruciatingly detailed matters that have almost no applicability to most law enforcement officers most of the time.
b. The Supreme Court frequently hands down decisions that would seem to have dramatic effects on the nature of law enforcement, but actually involve issues that are already being addressed by many police agencies.
c. What the courts say and what the police do can differ simply as a consequence of some aspect of the U.S. legal system.
d. All of the above.
(Question #3) A precedent is a rule of case law that is binding on all lower courts and the court that issued it. The courts will defer to prior decisions based on a similar set of facts and legal questions. This doctrine is known as:
a. Res Gestae.
b. Scire Feci.
c. Stare Decisis.
d. Suo Motu.
(Question #4) When a decision does not apply to the current facts, a court will _________, saying, in effect, that because the facts of the present case are different, the case cannot be decided the same way.
a. distinguish the case
b. use case precedent
c. judge decision
d. enact case law
(Question #5) There are three concerns that make the incorporation debate significant. Which of the following is NOT one of them?
a. Incorporation may threaten federalism.
b. Most contact between police and citizens takes place at the federal level.
c. Incorporation protects separation of powers.
d. All of these are concerns.
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