1. Thegovernment’suseofextraordinarypower:
a. is only limited by necessity.
b. is unlimited and can be used for any length of time.
c. can be used only when it is absolutely necessary and must be given up when the emergency is over.
d. refers only to the use of the military.
2. Which are examples of total war?
a. The Vietnam War and World War II
b. World War I and the Korean War
c. The Vietnam War and the Korean War
d. World War I and World War II
3. Whichofthebelowisasourceofthepresident’sauthoritytoestablishmilitarycommissions?
a. The uniform code of military justice
b. Article III courts
c. Thepresident’spowertoconductforeignpolicy
d. Thepresident’sroleascommanderinchief
4. What type of offenses were sneak and peak searches mainly used for originally?
a. Counterfeiting
b. Homicides
c. All felonies
d. Drug offenses
Chapter 15: CRIMINAL PROCEDURE IN CRISIS TIMES
CRIMINAL PROCEDURE IN CRISIS TIMES
5. Who can military commissions try?
a. Any terrorist offenses
b. Noncitizens
c. Citizens
d. U.S. military personnel
6. Since 9/11, the government has shifted its primary goal from gathering evidence in order to prosecute terrorists to:
a. deporting them.
b. prosecuting drug dealers.
c. gathering intelligence in order to prevent future attacks.
d. detaining them without trial.
7. The USA Patriot Act:
a. eliminates the constitutional balance between government power and individual privacy.
b. tips the balance in favor of individual privacy and liberty.
c. reinforces the balance between government power and individual liberty that was in effect before 9/11.
d. modifiesthebalancebetweengovernmentpowerandindividuallibertyinthegovernment’sfavor.
8. Which of the following is NOT one of the four main elements in the Foreign Intelligence Surveillance Act (FISA)?
a. Subjective basis
b. Ex parte order
c. Minimization guidelines
d. Application
9. A general ban on the interception of wire, oral, or electronic communications while they are taking place was
enacted in:
a. The Patriot Act.
b. The Crime Control and Safe Streets Act.
c. The Federal Intelligence Surveillance Act.
d. Terrorist Surveillance Program.
10. AccordingtotheCrimeControlandSafeStreetsAct’sseriouscrimeexception:
a. law enforcement officials can intercept electronic communications without a court order.
b. the U.S. Attorney alone can approve the interception of electronic communications.
c. a federal judge must approve the interception of electronic communications.
d. no electronic communications can be intercepted while they are taking place.
11. The government is allowed access to voice mail and email communications under:
a. The Patriot Act.
b. The Crime Control and Safe Streets Act.
c. The Federal Intelligence Surveillance Act.
d. The Terrorist Surveillance Act.
12. If email and voicemail messages have been stored for less than six months, under the Patriot Act law enforcement
officials:
a. do not need a warrant to intercept them.
b. need reasonable suspicion to intercept them.
c. need probable cause but not a warrant.
d. need probable cause and a warrant.
13. Which of the following is TRUE regarding roving wiretaps?
a. Roving wiretaps are court orders that apply to both particular people and particular devices.
b. Roving wiretaps are court order that can only be secured in municipal.
c. Roving wiretaps are court orders that apply to particular people.
d. Roving wiretaps are court orders that apply to particular devices.
14. The Patriot Act ____________ provision creates a national security equivalent of grand jury subpoenas.
a. safeguard
b. white collar
c. business records
d. lone wolf
15. The U.S. Patriot Act:
a. tips the balance totally in favor of government power with very little protection for individual privacy.
b. tips the balance somewhat in favor of government power and guarantees somewhat less protection for
individual privacy.
c. leaves the balance between government power and individual privacy in the same place it was pre-9/11.
d. tips the balance so far in favor of the government that the U.S. Supreme Court declared many of its
provisions unconstitutional.
16. In Boumediene v. Bush (2008), the Supreme Court:
a. declared unconstitutional the provision of the Military Commission Act of 2006 that stripped federal courts
of power to hear habeas corpus petitions from detainees challenging their designation as enemy combatants.
b. declared constitutional the provision of the Military Commission Act of 2006 that stripped federal courts of
power to hear habeas corpus petitions from detainees challenging their designation as enemy combatants.
c. determined the Constitution does not protect enemy combatants.
d. determined enemy combatants must be tried in court martial proceedings.
17. Miranda’sapplicationtoterrorismsuspects:
a. is an unsettled legal matter and still controversial.
b. is a matter that has been resolved and there is agreement that terrorism suspects must always be
Mirandized before they are subject to custodial interrogation.
c. is a matter that the U.S. Attorney General has publicly refused to take a position.
d. according to the U.S. Attorney General, is a decision that rests with teh discretion of the law enforcement
agent.
18. Military Commissions:
a. follow all the same procedures and rules as Article III courts.
b. have jurisdiction over citizens and non-citizens
c. operate under relaxed rules of procedure and proof compared to Article III courts.
d. also try members of the U. S. armed forces when they violate the Uniform Code of Military Justice.
19. According to rules issued by the Department of Defense in 2010 governing military commission proceedings:
a. evidence derived from statements obtained by cruel, inhumane, and degrading treatment can never be used.
b. evidence derived from statements obtained by cruel, inhumane, and degrading treatment can be used in
under circumstances.
c. evidence derived from statements obtained by cruel, inhumane, and degrading treatment can be used if its
use would otherwise be consistent with the interests of justice.
d. evidence can be used only if it can also be used in federal courts.
20. In the current debate about how to try foreign terrorist suspects:
a. the“terrorismaswar”advocatessupporttheuseoffederalcourts.
b. the“terrorismascrime”advocatessupporttheuseoffederalcourts.
c. the“terrorismascrime”advocatessupporttheuseofmilitarycommissions.
d. thereisnomiddlecourse–it’saneither/ordecision.
21. In a sneak-and-peek search warrant:
a. law enforcement officials first serve the warrant on the occupants but conduct the actual search while the
occupants are not present.
b. law enforcement officials seek a search warrant after they first conduct a warrantless search of the premises
in order to look around.
c. because of the danger involved, officers get a special warrant that allows them to sneak into the place to be
searched without first knocking on the door to serve the warrant.
d. allow officers to enter a privately owned place without the owner or occupant consenting or even knowing
about it.
22. Sneak-and-peek warrants became part of a federal statute in:
a. the Crime Control and Safe Streets Act of 1968.
b. the Foreign Intelligence Surveillance Act of 1979.
c. the U.S. Patriot Act of 2001.
d. the Terrorist Surveillance Program.
23. InwhichdocumentdidtheU.S.CongressgavethePresidenttheauthority“touseallnecessaryforceagainst
those nations, organizations, or persons he determines planned, authorized, committed, or aided the terrorist
attacks”on9/11/2001?
a. The Terrorist Surveillance Program
b. The Authorization for Use of Military Force
c. The Military Order of November 13, 2001
d. The Presidential Proclamation
24. The Military Order of November 13, 2001:
a. allows the secretary of defense to detain noncitizens who there is reason to believe was a member of al
Qaida.
b. allows the secretary of defense to detain American citizens who are suspected of being members of al
Qaida.
c. authorizes the use of military force against individuals suspected of being involved in the 9/11 attack on the
U.S.
d. allows federal law enforcement agencies to arrest suspected terrorists.
25. In re National Security Letter (2013) involved a San Francisco U.S. District Court which held that:
a. an NSL cannot be used for internet providers.
b. issuing an NSL did not violate the First Amendment.
c. the First Amendment is not an issue with regard to NSLs.
d. issuing an NSL violated the First Amendment.
26. In the case, Rasul v. Bush (2004), the Supreme Court ruled:
a. that noncitizen detainees who have been declared enemy combatants and detained in areas controlled by
the U.S. cannot petition for habeas corpus in federal courts.
b. that noncitizen detainees who have been declared enemy combatants and detained in areas controlled by
the U.S. can petition for habeas corpus in federal courts.
c. that noncitizen detainees who have been declared enemy combatants must be tried in federal courts in the
U.S.
d. that the right to habeas corpus is suspended during war time.
27. Concerning the law of interrogating terrorist suspects:
a. it is clear that the U.S. Constitution requires terrorist suspects be treated the same as criminal suspects.
b. the definition of what constitutes torture is clear.
c. there is no clear definition of torture or what violates the Constitution.
d. there is consensus that torture is legal when interrogating persons suspects of planning terrorist acts on
American soil.
28. One of the primary differences between interrogating criminal suspects and suspected terrorists, which impacts
whether the interrogation techniques are legal is:
a. the suspected terrorist will most likely be a noncitizen and the criminal suspect most likely be a citizen.
b. the terrorist suspect may be detained outside the U.S. and the criminal suspect is in the U.S.
c. law enforcement officers question criminal suspects and intelligence officers question suspected terrorists.
d. for criminal suspects the issue is whether a confession is admissible in court to establish guilt; for terrorists
suspects the issue is getting information to prevent a future attack.
29. _______________ consists of a panel of military officers acting under military authority to try enemy combatants
for war crimes.
a. Military commission
b. Specialized community review
c. Article II review
d. Military courts martial
30. A military commission is composed of:
a. a panel of civilian judges who decide war crime cases.
b. a panel of civilian judges and military officers who decide war crime cases.
c. a panel of military officers who decide war crime cases.
d. a panel of military officers who decide violations of the Uniform Code of Military Justice.
31. In U.S. v. Martinez-Fuerte (1976), the Supreme Court held:
a. police can constitutionally stop a vehicle at a fixed check point for brief questioning of the occupants even
though they have no reason to believe the vehicle contains illegal aliens.
b. it violates the Fourth Amendment for police to stop vehicles at a fixed checkpoint without reasonable
suspicion that the vehicle contains illegal aliens.
c. the Fourth Amendment requires that police have probable cause to believe a vehicle contains illegal aliens
before they can stop it at a fixed checkpoint.
d. it is constitutional for police to stop a vehicle at a fixed checkpoint and they can search the entire vehicle
and its occupants without reasonable suspicion or probable cause.
32. The U.S. Attorney General must take into custody and detain during removal proceedings any alien who has
committed certain detailed criminal offenses according to:
a. the Illegal Immigration Reform and Immigrant Responsibility Act.
b. the Immigration Act.
c. a recent presidential Executive Order.
d. theSupremeCourt’sdecisioninU.S. v. Martinez-Fuerte.
33. Inordertobeconsidereda“deportablealien”,apersonmust:
a. admit to his/her deportability when questioned by officials.
b. have been found deportable by an immigration judge.
c. refuse to cooperate with officials.
d. admit to his/her deportability when questioned by officials or been found deportable by an immigration
judge.
34. In Demore v. Kim (2003), the Supreme Court ruled that:
a. mandatory detention for aliens who have been convicted of certain crimes pending removal proceedings is
not unconstitutional, even if the alien is a lawful permanent resident.
b. mandatory detention for criminal aliens is unconstitutional.
c. mandatory detention for criminal aliens is not unconstitutional as long as the alien was not admitted lawfully
into the U.S.
d. the Immigration and Nationality Act requires immigration judges to exercise their discretion in deciding if a
criminal alien should be detained pending removal proceedings.
35. Stopping travelers in vehicles at a fixed checkpoint for brief questioning about their citizenship and immigration
status:
a. violates the Fourth Amendment search and seizure requirements.
b. is not considered a seizure under the Fourth Amendment.
c. is considered a seizure under the Fourth Amendment but has been held to be constitutional.
d. is considered a seizure only if officials detain the travelers for a significant amount of time.
36. The balance during emergency times tips toward the protection of individual liberty.
a. True
b. False
37. Military commissions try military personnel for violating the Uniform Code of Military Justice.
a. True
b. False
38. The jurisdiction of military commissions applies only to noncitizens.
a. True
b. False
39. Sneak and peek searches were first created by the Patriot Act.
a. True
b. False
40. In a trial before a military commission created in the wake of 9/11, an accused does not have the presumption of
innocence.
a. True
b. False
41. The Patriot Act expanded the permitted use of pen registers.
a. True
b. False
42. Waging the Cold War required greater dependence on intelligence gathering.
a. True
b. False
43. The Crime Control and Safe Streets Act placed an absolute ban on the interception of all wire, oral, or electronic
communications while there taking place.
a. True
b. False
44. The Patriot Act significantly expanded government surveillance power beyond the Crime Control and Safe Streets
Act.
a. True
b. False
45. The Supreme Court has ruled that stopping travelers at fixed checkpoints for brief questioning about their
citizenship or immigration status is constitutional.
a. True
b. False
46. Sneak and peek warrants are a variation of no-knock entries.
a. True
b. False
47. The Authorization for Use of Military Force of 2001 was issued by President Bush as a presidential proclamation.
a. True
b. False
48. In Demore v. Kim, the Supreme Court ruled that mandatory detention for criminal aliens pending removal
proceedings always violates due process.
a. True
b. False
49. Arizona’sImmigrationLawsignedin2010,requirespoliceofficerswho,inthecourseofatrafficstoporother
lawenforcementaction,havereasonablesuspicionthepersonenteredtheU.S.illegallytoverifytheperson’s
immigration status.
a. True
b. False
50. It has been is the national policy of the U.S. for many years to limit immigration into the country.
a. True
b. False
51. Panels made up of military officers to try U. S. military personnel for violations of the Uniform Code of Military
Justice are termed _________ ______________ ___________ .
52. Searches of private places without the consent or knowledge of the occupants are called __________ and
___________ searches.
53. Information gathering about the enemy is called ________________.
54. The __________ Administration declared that most of the detainees captured in the war in Afghanistan were
unlawful enemy combatants.
55. Devices used to record outgoing telephone numbers for a particular telephone are called ___________
___________.
56. A panel of military officers with authority to try enemy combatants for war crimes is a/an ____________
________________.
57. Acts committed during wartime that inflict needless suffering and damage when pursuing a military objective are
called _________ _________.
58. Ordinary federal courts are also referred to as _________________ courts.
59. The __________ _________ _____ __________ ___________ Act of 1968 puts a general ban on the
interception of wire, oral, or electronic communication while they are taking place.
60. Secret___________________capturesarecordofalltelephonenumbersfromasubscriber’sphone,using
pen registers and trap and trace devices.
61. Identify and describe the three tiers of the surveillance system designed to balance government power and
individual privacy. Include in your description both government powers and the limits on that power in each tier.
62. How, if at all, has the Patriot Act modified the balance between government power and individual privacy?
63. Whatwere“sneakandpeek”searchesoriginallyusedfor,andhowhastheirlegalstatusanddefinitionchanged
since 9/11? Describe the three conditions under which the Patriot Act authorizes judges to issue sneak-and-peek
warrants.
64. Identify and describe the significance of the three sources that have affected the balance between security and
rights in the detention of terrorist suspects since 9/11.
65. Identify the sources of authority for the Military Order of November 13, 2001, and describe the jurisdiction of
military commissions created by the order.