Constitutional Law and the Criminal Justice System 6th Edition

A paradigm is a boundary or parameter that outlines a rule is based on experience. a. True b. False Answer: False Answer: False Answer: False The following statements are true about both torts and crimes, except: a. Both could result from the same single act. b. Both differ by who is considered the victim. c. Both must be

1. Formal ties between Great Britain and the United States were severed: a. when the American Declaration of Independence was signed. b. when the colonists boarded British ships and threw tea overboard. c. through the drafting of the Magna Carta. d. at the meeting of the First Continental Congress.

LEARNING OBJECTIVES: CLCJ.HAHE.14.20 - 3 ANSWER: d REFERENCES: 340-341 LEARNING OBJECTIVES: CLCJ.HAHE.14.20 - 3 ANSWER: d REFERENCES: 340-341 LEARNING OBJECTIVES: CLCJ.HAHE.14.20 - 3 ANSWER: d REFERENCES: 340-341 1. Which of the following is not guaranteed or prohibited by the Fifth Amendment? a. right against self-incrimination b. trial by

REFERENCES: 390 LEARNING OBJECTIVES: CLCJ.HAHE.14.5 - 9 ANSWER: d REFERENCES: 390 LEARNING OBJECTIVES: CLCJ.HAHE.14.5 - 9 ANSWER: d REFERENCES: 390 LEARNING OBJECTIVES: CLCJ.HAHE.14.5 - 9 ANSWER: d 1. The first prong of the two-pronged test to establish a claim of ineffective counsel requires the defendant to show: a.

1. At the end of 2010, all 36 states with the death penalty authorized as a method of execution. a. the gas chamber b. lethal injection c. the electric chair d. hanging ANSWER: b REFERENCES: 422 LEARNING OBJECTIVES: CLCJ.HAHE.14.10 - 11 ANSWER: b REFERENCES: 422 LEARNING OBJECTIVES: CLCJ.HAHE.14.10

1. The Third Amendment: a. addresses suits at common law. b. deals with lawsuits exceeding $20. c. prohibits the quartering of soldiers in homes during times of peace. d. has been challenged numerous times throughout the history of America. ANSWER: c REFERENCES: 437 LEARNING OBJECTIVES: CLCJ.HAHE.14.6 - 1

1. A basic purpose of the American legal system is to: a. remove power from the government. b. develop a living law. c. ensure fairness in balancing individual and societal rights and needs. d. create a system that, while not perfect, is the best in the world. ANSWER: c

1. The framework for the federal judiciary is: a. based on common law. b. found in the Declaration of Independence. c. outlined in The Federalist Papers, issue V d. found in Article 3 of the U.S. Constitution. ANSWER: d REFERENCES: 59 LEARNING OBJECTIVES: CLCJ.HAHE.14.6 - 1 ANSWER: d

1. The Thirteenth Amendment: a. deals with the right to due process of law. b. abolished slavery. c. established prohibition. d. guarantees equal protection. ANSWER: b REFERENCES: 78 LEARNING OBJECTIVES: CLCJ.HAHE.14.6 - 1 ANSWER: b REFERENCES: 78 LEARNING OBJECTIVES: CLCJ.HAHE.14.6 - 1 ANSWER: b REFERENCES: 78 LEARNING

1. The First Amendment specifically prohibits Congress from making any laws that restrict freedom of religion, speech, press, assembly, and: a. privacy. b. to petition the government. c. the presumption of innocence. d. travel. ANSWER: b REFERENCES: 121 LEARNING OBJECTIVES: CLCJ.HAHE.14.6 - 1 ANSWER: b REFERENCES: 121 LEARNING

1. In , a federal circuit court ruled in Stevens v. United States that there was no express Constitutional right of an individual to keep and bear arms. a. 1801 b. 1871 c. 1921 d. 1971 ANSWER: d REFERENCES: 172 LEARNING OBJECTIVES: CLCJ.HAHE.14.15 - 4 ANSWER: d REFERENCES:

1. The law of stop and frisk deals with that time frame during which officers follow up on their suspicions but before the time that the requisite is established to justify an arrest. a. probable cause b. reasonable suspicion c. proof beyond a reasonable doubt d. preponderance of the evidence

1. Which of the following, by itself, can be used as reasonable suspicion to conduct a stop? a. anonymous tip b. flight from police c. general suspicion d. existence of a wanted poster ANSWER: d REFERENCES: 237 LEARNING OBJECTIVES: CLCJ.HAHE.14.6 - 1 ANSWER: d REFERENCES: 237 LEARNING OBJECTIVES:

1. The Supreme Court ruled that unannounced cell searches or shakedowns did not require warrants, did not violate inmates Fourth Amendment rights, and were justified by the need to maintain order in: a. Morrissey v. Brewer b. Bell v. Wolfish c. Gideon v. Wainwright d. Griffin v. Wisconsin ANSWER:

The minimum number of justices required to vote in favor or granting certiorari to review a case is: a. 2 b. 4 c. 3 d. 1 Answer: b Answer: b Answer: b In a civil case, the party bringing suit is represented by: a. the prosecutor b. a plaintiff's lawyer c. a defense attorney d. the public defender's office Answer: b Answer: b Answer: b For

When a court is determining the amount of procedural due process owed an individual, it will look at: a. the significance of the affected interest. b. whether additional safeguards would reduce the risk of error. c. the public interest in resolving the matter efficiently. d. all of the above Answer: d Answer: d Answer: d Freedom of

Since a stop is a seizure within the meaning of the Fourth Amendment, it requires a. police involvement. b. reasonableness. c. adverse possession. d. clear and convincing evidence. Answer: b Answer: b Answer: b An officer's hot pursuit of a suspect cannot legally continue past the threshold to a private residence without a warrant. a. True b. False Answer:

The balance of power was established by creating three separate branches of government, all of which work completely independently of each other. a. True b. False Answer: False Answer: False Answer: False Miranda warnings must be given during traffic stops if information is about to reveal probable cause to arrest. a. True b. False Answer: False Answer: False Answer: False Electronic monitoring

In United States v. Cruikshank (1875), the Supreme Court stated that only Congress was forbidden from infringing on the Second Amendment. a. True b. False Answer: True Answer: True Answer: True The Supreme Court has not prohibited execution of: a. juveniles b. the mentally ill c. the handicapped d. the mentally retarded Answer: c Answer: c Answer: c How many states authorize lethal injections

Which of the following is not true of the adversarial judicial system? a. only actual conflicts will be heard by a court. b. "what if" questions will not be heard. c. sides are drawn-accuser vs. accused-with one side challenged by the other. d. the accused has the burden of proof. Answer: d Answer: d Answer: d The United

Which of the following is not a part of the Miranda warning? a. You have the right to remain silent. b. If you cannot afford a lawyer, one will be appointed for you without cost. c. You may stop answering questions at any time you choose. d. Anything you say can and will be

In the Heller decision, the Supreme Court specifically refrained from voicing an opinion on whether the Second Amendment applied to: a. illegal immigrants. b. the states. c. private individuals. d. certain misdemeanants. Answer: b Answer: b Answer: b The circumstances in which officers leave their jurisdiction and enter another to make an arrest of a felon who

Usually, officers cannot make a lawful arrest: a. for any crime committed in their presence. b. for any felony if they have probable cause. c. with an arrest warrant. d. for a misdemeanor committed outside their presence. Answer: d Answer: d Answer: d Which of the following is not an officer of the court? a. Sheriff b. Judge c. Lawyers d.

The Durkheimian perspective saw punishment as revenge and a means to restore and solidify the social order. a. True b. False Answer: True Answer: True Answer: True The Supreme Court, powerful as it is, cannot override the will of the majority expressed in acts of Congress. a. True b. False Answer: False Answer: False Answer: False Opponents of preventive detention argue that the

Which of the following would be considered a violation of a subject's reasonable expectation of privacy, requiring a warrant? a. Police put a "beeper" on a vehicle to monitor its location. b. Undercover officer converses with suspects and uses information in court. c. Taking photographs of curtilage from an aircraft. d. Placing listening device

The Great Compromise was: a. another term for the Constitution. b. the foundation of the Bill of Rights. c. the agreement that gave each state an equal vote in the Senate and a proportionate vote in the House. d. the purchasing agreement made for most of the Indian land west of the Mississippi River. Answer:

The Equal Rights Amendment (ERA) was first proposed as an amendment to the United States Constitution in 1923 and was designed to guarantee equal rights for women. In 1972, it passed both houses of Congress and was sent to the state legislatures for ratification. The ERA was ratified by 35 states,

The precedent case for analyzing confession issues is: a. Terry v. Ohio. b. Miranda v. Arizona. c. Escobedo v. Illinois. d. Massiah v. United States. Answer: b Answer: b Answer: b The federal income tax was established in the: a. Fifteenth Amendment b. Sixteenth Amendment c. Seventeenth Amendment d. Eighteenth Amendment Answer: b Answer: b Answer: b De facto arrests are legal since officers are in

A case brief does not include any dissenting opinions. a. True b. False Answer: False Answer: False Answer: False The legal foundation for the federal government's regulatory authority over firearms is provided by a. the Supremacy Clause. b. the Fifth Amendment. c. the Commerce Clause. d. the 13th Amendment. Answer: c Answer: c Answer: c Airline employees inspecting luggage are not governed

If the United States Supreme Court did not have the authority to rule that acts of the President of the United States or the United States Congress were inconsistent with the Constitution, do you think the government would run more smoothly? Do you think the government would run more fairly?

Gideon v. Wainwright established that indigent defendants are to be provided lawyers when faced with a(n): a. custodial interrogation b. deprivation of liberty c. period of incarceration exceeding one year d. adversary criminal proceeding Answer: b Answer: b Answer: b A person's refusal to give consent to search can be used to establish probable cause. a. True b. False Answer: False Answer:

The Magna Carta was created: a. to ensure that states maintained power apart from the national government. b. to outline colonists' complaints against the British crown. c. in England to guarantee that the king could not put himself above the law. d. by British Parliament in protest of the U.S. Declaration of Independence. Answer: c Answer:

A person's reasonable expectation of privacy determines when Fourth Amendment protections apply. a. True b. False Answer: True Answer: True Answer: True The Constitution gives Congress the power to make laws to carry out its enumerated powers through the: a. supremacy clause b. federal powers doctrine c. necessary and proper clause d. due diligence doctrine Answer: c Answer: c Answer: c Seizures of items