1. Which of the following is a relevant constitutional amendment in criminal procedure?
A. The Fourth Amendment
B. The Fifth Amendment
C. The Sixth Amendment
D. None of the above
im confused between A and D
2. When an appellate court reverses a lower court’s decision, it:
A. sends the case back to the trial level for further action consistent with the appellate decision.
B. nullifies or sets aside a trial verdict.
C. sets the defendant free.
D. None of the above.
im confused between A and B
1. http://georgewbush-whitehouse.archives.gov/kids/constitution/billofrights.html
2. http://www.americanbar.org/groups/public_education/resources/law_related_education_network/how_courts_work/appeals.html
1. To determine which of the options is a relevant constitutional amendment in criminal procedure, you can use a process of elimination. Start by understanding the purpose of each amendment.
- The Fourth Amendment protects against unreasonable searches and seizures. It also requires search warrants to be based on probable cause.
- The Fifth Amendment includes protections such as the right against self-incrimination and the guarantee of due process.
- The Sixth Amendment grants various rights to individuals accused of crimes, including the right to a fair trial, the right to confront witnesses, and the right to an attorney.
Based on these descriptions, it is clear that the Fourth Amendment, which deals with searches and seizures, is directly relevant to criminal procedure. Therefore, A is the correct answer.
D, on the other hand, states "None of the above." Since we have identified that the Fourth Amendment is indeed relevant, we can eliminate D as the correct answer.
Hence, the answer is A: The Fourth Amendment.
2. Understanding the meaning of the terms used in this question can help clarify the correct answer.
- Reversing a lower court's decision means that the higher appellate court disagrees with the lower court's ruling.
- Sending the case back to the trial level for further action consistent with the appellate decision means that the appellate court remands or returns the case to the lower court for a new trial or for the lower court to take some action based on the appellate decision.
- Nullifying or setting aside a trial verdict means that the appellate court overturns the verdict reached at trial and renders it void or no longer valid.
- Setting the defendant free suggests that the appellate court's decision directly leads to the release of the defendant from custody.
Considering these definitions, the correct answer is A: When an appellate court reverses a lower court's decision, it sends the case back to the trial level for further action consistent with the appellate decision. This means that the appellate court disagrees with the lower court's decision and wants the lower court to take appropriate action based on the appellate ruling.
B, nullifying or setting aside a trial verdict, is not necessarily the action taken when an appellate court reverses a lower court's decision. Reversal does not automatically render the trial verdict void or nonexistent.
Therefore, the answer is A: sends the case back to the trial level for further action consistent with the appellate decision.