What is the general role of the federal and state constitutions in establishing procedural law?
Explanation
This question assesses understanding of the hierarchical structure of procedural law sources, from broad constitutional guarantees to specific judicial interpretations.
Other questions
What is the primary purpose of procedural law as described in the text?
According to the chapter, where is most procedural law found, in contrast to substantive criminal law?
Which of the following is NOT one of the five phases of the criminal justice process listed in the text?
During the investigative phase, what is the legal standard that a 'neutral and detached' magistrate must find to issue a search or arrest warrant?
What is an officer's affidavit, as mentioned in the description of the investigative phase?
Which of these activities is specifically governed by laws in the pretrial phase?
A motion to change venue, which can be filed during the pretrial phase, is a request to do what?
What are 'petit jurors' as described in the trial phase section?
The defendant's right of compulsory process during the trial phase ensures their ability to do what?
What is the defendant's 'right of allocution' during the sentencing phase?
In capital cases, what does it mean for the trial to be 'bifurcated'?
What is the key difference between an 'appeal of right' and a 'discretionary appeal' in the post-conviction phase?
How is a 'post-conviction relief suit' different from a 'writ of habeas corpus'?
Which of the following processes is NOT part of the investigative phase?
What is the purpose of a grand jury process during the pretrial phase?
The rules of evidence, which govern the trial phase, cover topics such as:
Which constitutional amendments are specifically mentioned as being central to procedural law judicial opinions?
According to the text, a motion to sever cases is filed during the pretrial phase for what purpose?
What right of the defendant is protected to ensure 'fair trials free of prejudicial adverse pre-trial or trial publicity'?
Probation and parole revocation hearings are included as part of which phase of the criminal justice process?
The investigative phase is described as mostly involving the actions of which group?
According to the text, what is a key event that marks the beginning of the pretrial phase?
A motion to suppress evidence, filed during the pretrial phase, asks the court to do what?
Which right mentioned in the trial phase ensures that the defendant can confront witnesses presented by the government?
During the sentencing phase, what right do victims have according to the text?
What is the defendant's right to do in the post-conviction phase regarding an 'appeal of right'?
The text states that the processing of a case through the criminal justice system can be broken down into how many phases?
When an individual is arrested without a warrant, what must a judge promptly review?
In the pretrial phase, how can a defendant be released from custody while awaiting trial?
What is one example of a law that governs the trial phase?
Which phase of the criminal justice process generally resolves the case before a trial is held, often through plea bargaining?
The right to have the assistance of counsel is mentioned as being applicable in which three distinct phases?
The right to present mitigation evidence and witnesses is a defendant's right during which phase?
What is the key characteristic of the 'appeal of right' as defined in the post-conviction phase?
Procedural law is described as governing the ways a person convicted of a crime may do what?
Which of the following is NOT listed as a source of procedural law?
Which phase involves laws covering identification procedures such as line ups, showups, and photo arrays?
In the pretrial phase, what determines whether a defendant is released with financial surety or on their own recognizance?
The exclusion of witnesses during the testimony of other witnesses is a rule that governs which phase?
What is the final phase of the criminal justice process as outlined in the text?
A key difference between a grand jury and a petit jury is that a grand jury operates in the:
What does the text describe as the defendant's 'continued right' during the trial phase?
The sentencing hearing in a capital case is described as being 'more like a mini-trial' because:
A defendant's right to have the assistance of counsel in filing a discretionary appeal is part of which phase?
A 'writ of habeas corpus' is described in the text as what type of legal action?
The text mentions that statutes, like the Federal Speedy Trial Act, serve what function in relation to the constitution?
Which of these is NOT an example of an identification procedure from the investigative phase?
What is the primary difference highlighted between the functions of the trial phase and the sentencing phase?
Laws governing the competency and impeachment of witnesses are part of which set of rules?