CRIM 87133

subject Type Homework Help
subject Pages 14
subject Words 2611
subject Authors Christine, Hess Orthmann, J. Scott Harr, Kären M. Hess

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page-pf1
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
Freedom of the press protects:
a. the right to publish information without governmental control.
b. magazine publishers from being told they can"t print obscene material.
c. the public from the publication of offensive material.
d. press premises from being searched by law enforcement.
Due to its strict conformance to stare decisis, the Supreme Court cannot overrule itself.
a. True
b. False
page-pf2
The Court's 1964 ruling in Cooper v. Pate held that:
a. inmates retained all of their civil rights.
b. inmates lost all of their civil rights.
c. inmates could sue the warden for deprivation of basic rights.
d. discarding inmates' petitions to the court was unconstitutional.
In Colgrove v. Battin, the Supreme Court upheld juries comprised of
________members in federal civil trials.
a. 6
b. 8
c. 10
d. 12
page-pf3
The United States Supreme Court struck down the portion of the Brady Bill which
compelled local law enforcement to perform background checks on handgun applicants,
holding the requirement violated:
a. the right to privacy.
b. separate state sovereignty
c. the commerce clause.
d. the Fourth Amendment.
A warrantless arrest that begins in a public place is valid:
a. only with good faith.
b. only with reasonable suspicion.
c. only if the officer witnesses the flight.
d. if probable cause exists, even if the arrestee retreats to a private place.
The court has no duty to protect those who come before it from undue adverse publicity.
a. True
page-pf4
b. False
An arrest is an informal restraint on a person's liberty of movement.
a. True
b. False
A situation in which racial minorities are treated more harshly at some points and in
some places in the criminal justice system, but no differently than whites at other points
and in other places best describes:
a. pure discrimination.
b. systematic discrimination.
c. contextual discrimination.
d. discretionary discrimination.
page-pf5
Who said, "Forbid it, Almighty GodI know not what course others may take, but as for
me, give me liberty, or give me death!"
a. Samuel Adams.
b. Paul Revere.
c. Patrick Henry.
d. George Washington.
In Bailey v. United States, the Court ruled
a. every search warrant entitles police officers to arrest the occupants of the premises
searched.
b. seizing someone out of the immediate vicinity of the location of the search warrant is
unconstitutional.
c. officer safety entitles police to conduct a pat down frisk of any occupant in a
premises being searched.
d. every search with a warrant must produce results.
page-pf6
After a defendant has been _____ and obtained an attorney, that attorney must be
present during any subsequent questioning.
a. seen at a crime scene
b. charged with a crime
c. named as a person of interest
d. concerned about arrest
The Fourth Amendment requires that all persons invading the reasonable expectation of
privacy of another must have a search warrant.
a. True
b. False
Checkpoints at or near international borders require justification to stop all vehicles.
a. True
b. False
page-pf7
When a person is handcuffed after being arrested, officers may search:
a. only their person.
b. the area that has been under the immediate control of the suspect prior to being
arrested.
c. only where the suspect could reach while handcuffed.
d. all areas where the suspect could have hidden evidence.
A significant influence on the development of the American legal system was the
system of common law that evolved in England during the Middle Ages.
a. True
b. False
The 10th Amendment refers to
page-pf8
a. delegated powers.
b. reserved powers.
c. both delegated and reserved powers.
d. federalism only.
Federal lawsuits against police are filed under Title 42 of U.S. Code, Section 1983Civil
Action for Deprivation of __________.
a. Equal Protection
b. Due Process
c. Civil Rights
d. Human Rights
The Supreme Court upheld corporal punishment as necessary for the proper education
of a child and maintenance of group discipline and not an Eighth Amendment issue in:
a. United States v. Ursery
b. Trop v. Dulles
c. Solem v. Helm
page-pf9
d. Ingraham v. Wright
Discrimination is:
a. an attitude.
b. not punishable by law.
c. a behavior.
d. an unconscious bias learned through socialization.
The due process voluntariness test is "whether the totality of the circumstances that
preceded the confession deprived the defendant of his...":
a. reasonable expectation of privacy
b. power of resistance
c. self-incrimination rights
d. determination to remain silent.
page-pfa
Asset forfeiture is unconstitutional if:
a. the owner of a residence or vehicle is unaware of its illegal use.
b. the forfeiture is "grossly disproportionate" to the offense .
c. forfeiture is accompanied by a loss of liberty in violation of double jeopardy.
d. the government converts the assets for public use.
Plessy v. Ferguson held that:
a. our Constitution must be color blind.
b. discrimination was outside the realm of the Court.
c. it is up to legislation to eradicate prejudice.
d. the economic cost of segregation would be staggering.
page-pfb
Laws of the United States may only originate in the House of Representatives
a. True
b. False
Prejudice is:
a. an attitude.
b. punishable by law.
c. a behavior.
d. deemed unconstitutional under the Fourteenth Amendment.
Which of the following was not one of the pressing issues that led to the Civil War?
a. state banks and money versus national banks and currency.
b. freedom versus slavery in the territories.
c. federal aid versus state aid for improving highways and railways.
d. racial segregation in the South.
page-pfc
A case with the caption UnitedStatesv. Smithis most likely a:
a. criminal case
b. civil case
c. class action suit
d. federal appeal
One of the primary reserve powers kept by the states is police power.
a. True
b. False
The Federalists, who favored a strong central government, were challenged by the
Anti-Federalists, who advocated against the creation of any type of central government.
page-pfd
a. True
b. False
Explain informational and observational probable cause.
The property around a home or dwelling directly associated with use of that property is
called the___________.
page-pfe
The ________doctrine prevents the court from getting prematurely involved in a case
that may eventually be resolved through other means.
If a third-party has common authority over the premises of items to be searched, this
person can provide government officials with valid ________________.
Discuss the USA PATRIOT Act, its elements, and how it aims to improve the nation's
counter-terrorism efforts.
page-pff
Explain the events leading up to the passage of the Thirteenth Amendment and how
effective it was.
The Second Amendment of the U.S. Constitution reads: "A wellregulated
_________being necessary to the security of a free state, the right of the people to keep
and bear arms shall not be infringed."
page-pf10
The court of last resort in most federal cases is the ___________.
Discuss the Brady Act.
The voluntariness of a confession is determined by the ________________and the
characteristics of the accused.
page-pf11
According to the Eighth Amendment, punishment shall not be ___________.
Posting bail money allows an individual to be released before trial if they promise to
return or forfeit the amount of money of the bail bond. Posting bail allows individuals
to prepare a defense and to continue earning income if they are employed. Excessive
bail is prohibited by the Constitution, though people who cannot afford bail must stay in
jail. Additionally, bail bondsmen are in the business of lending money to those who
cannot afford to post bail for profit. If a person fails to show up at a hearing and the bail
bondsman must pay the amount of the bond. Some jurisdictions allow bounty hunters,
who do not operate under Fourth Amendment and other legal constraints, to pursue and
detain individuals who have fled in violation of their bond. Does the system
discriminate against the poor? How could it be changed to be a better system?
page-pf12
A group of women who are mothers of young children killed by handguns has decided
to protest. The local police chief refuses to enforce any gun control or gun violence
legislation in her county, because she feels it won't work and infringes on the Second
Amendment. The women's group decides they will protest at an upcoming policeman's
funeral. Do you think that the protesters should be subject to arrest? Why or why not?
The exception to the exclusionary rule referring to instances in which the
preponderance of evidence suggests the defendant's guilt and that the illegal evidence is
not critical to proving the case is known as __________.
Factors such as a suspect's age, education, and intelligence levels will be considered
when assessing the ___________of any confession to a criminal act.
page-pf13
The geographic location of a trial is known as its ____________.
The caption for ____ cases indicate the parties involved, i.e the name of one party
versus the name of the other party.
Discuss the exclusionary rule.

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