Unit Five: The Judicial Branch
Lesson B: Criminal Law
Pre Test
Name: _______________________
1. The sixth amendment allows the accused the “assistance of counsel”. Which of these
Supreme Court decisions extended the protections of this amendment?
A. Marbury v. Madison
B. Plessy v. Ferguson
C. Gideon v. Wainwright
D. Tinker v. Des Moines School District
2. Which of these is an example of a plea bargaining?
A. A defense lawyer asks the judge to consider special circumstances
B. A defendant admits guilt to a lesser charge to avoid a harsher sentence
C. A judge instructs the jury to consider a wide range of sentencing options
D. A grand jury fails to find enough evidence to support a charge
3. The role of a grand jury is to determine
A. what evidence may be admitted during a trial
B. how much money should be awarded in a court case
C. whether there is enough evidence for an indictment
D. whether the defendant in a trial is guilty or innocent
4. Which of these is required by a judge before police can obtain a search warrant?
A. reasonable doubt no other person is responsible
B. plea bargaining to reduce charges
C. a preponderance of evidence against the accused person
D. probable cause linking the person to the crime
5. For which of these statements would a writ of habeas corpus be issued?
A. A defendant plea bargains in exchange for a lighter sentence
B. A suspect is kept in jail without being charged with a crime
C. A police officer searches an apartment without a warrant
D. A judge rules that certain evidence cannot be used in a trial
6. Which of these is a violation of a defendant’s rights in a criminal proceeding?
A. The judge orders the defendant to testify at trial
B. The prosecution refuses to plea bargain with the defendant
C. The defendant requests to be tried by a jury instead of a judge
D. The judge admits a voluntary confession by the defendant into evidence
7. Which of these is the best example of due process?
A. A speedy trial is guaranteed to a defendant
B. A plea bargain is offered by a prosecutor
C. A newspaper report charges against a suspect
D. A visitor is allowed to see a suspect in jail
Pre Assessment Score: ______________
Overview
Criminal Law is the body of law dealing with crimes and their
punishments. Criminal law punishes criminals for committing
offences against the state. This lesson is focused on the
procedures of criminal law and the rights of the accused.
Key Questions:
1. What is the significance of the Supreme Court
decisions Marbury v. Madison, McCulloch v.
Maryland, Plessy v. Ferguson, Brown v. Board of Education, Miranda v.
Arizona, Gideon v. Wainwright, Tinker v. Des Moines Board of Education, and New
Jersey v. T.L.O.?
2. How do the decisions of the Supreme Court change overtime and affect the
liberties of citizens?
3. How does the 5th Amendment due process clause protect the accused?
4. What is the significance of the Incorporation Doctrine established by the Supreme
Court?
5. How do the Constitution and the Bill of Rights provide protection of civil rights and
civil liberties?
Key Terms
Defense
14th Amendment
The _____________ that criminal
proceedings are conducted
_______________.
Guarantees every person ________
_____________ and _________________
_________________________
Double Jeopardy
5th Amendment
Probable Cause
Score: _____________
A lawyer engaged in a trial or management of a
court case.
Due process and rights of accused persons
A person who may testify to explain events
that occurred or testify on behalf of the
defendant
A sufficient reason based upon known
____________ to believe a __________ has
been committed
Key Terms (continued)
High or serious crimes
Warrant
Indictment
Deals with the ____________ against all of
society
a legal _________________ issued by a
judge giving an officer the ______________
to carry out the law
a formal complaint before a grand jury that
charges the accused with one or more crimes
Crimes less severe than felonies with less
severe punishment
Writ of habeas corpus
Subpoena
An order for a person to appear in court and
hand over any __________________ or
other materials
Prosecution
Guilty until proven innocent
Grand jury
Score: _______________
in a civil suit, the person against whom the
plaintiff brings a court action; in a criminal
case, the person charged with the crime
A group of people who decide whether the
____________________ shows that the
accused has committed a crime
the process whereby the ________________
and the _______________ negotiate a
mutually satisfactory disposition of the case
Activity 1: Due Process and the Constitution
One of the most important rights of persons accused of
crimes is the right of _______ _______________. Due
process provides guidelines for the treatment of the accused
to ensure that their rights are ___________________.
While the original U.S. Constitution does not include the
words "due process of law," several provisions in the
document imply due process of law. Some of the provisions
address issues such as prohibiting
_____________________ laws, bills of attainder, guaranteeing _______________
__________________, and equal status for all citizens of the states.
After reading about the 5th and 14th Amendments, what does the right to due process mean?
Activity 2: Procedural Due Process and the Bill of Rights
Procedural ________ ______________________requires that the procedures used by the
government in making, applying, interpreting and enforcing the law be _________________
and ________________________.
For example:


Over the years the traditional definition of ______ ________________ has expanded to
include ________________ due process. When a court decides whether a law or government
action unreasonably affects a fundamental liberty, they are applying substantive due process.
For example, the right to substantive due process ________________ government from
making laws about the right to bear and rear children, however, government has an interest in
protecting children and may remove them from abusive parents.
Score: ________
Activity 3: Due Process and the 4th Amendment
Court Case
Decision
How did the decision affect the states?
Mapp v. Ohio
Activity 4: Criminal Law Case Study
Criminal law deals with ___________________________________________________. It
includes the investigation and the trial of those __________________ of crimes. The
foundation of criminal law is the ____________________________________. This means
that the person is innocent until proven guilty.
Mini Lesson Notes
Activity 5: Rights of the Accused
Procedural due process and the protection of individual rights were fine tuned through two
landmark Supreme Court decisions: Gideon v. Wainwright (1963) and Miranda v. Arizona (1966).
Gideon v. Wainwright
Miranda v. Arizona
Activity 6: Court Cases Review
Take the quiz and record your score here: ____________
Closing: Due Process and Criminal Law
Summary: You have completed “___________________________”. Criminal law is the body of
law dealing with ____________ and their _____________________. Criminal law punishes
criminals for committing offences against the state. Due process of law and procedural due
process protects the accuser and the accused. The Supreme Court decisions in
____________________________________and ________________________________
extended the rights of those accused of crimes.
Pre Assessment Score: _____________
BCR Questions
 How does due process restrict the power of the government?
 How does the government balance the rights of the accused as provided by due process
and the protection of society? Use current events, details, and examples to support your
answer.