EDU 69050

subject Type Homework Help
subject Pages 15
subject Words 2876
subject Authors Christine, Hess Orthmann, J. Scott Harr, Kären M. Hess

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page-pf1
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.
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
How law is carried out to ensure guaranteed rights of fairness is known as the
incorporation doctrine.
a. True
b. False
page-pf2
The test used by courts when determining whether pretrial identification procedures
were constitutional is the:
a. harmless error test
b. totality of the circumstances test
c. preponderance of the evidence test
d. undue influence test
The Judiciary Act of 1789 provided for bail in noncapital crimes.
a. True
b. False
You are a sheriff and have been receiving complaints about your deputies. It appears
that half of the stops and arrests have been of African-American youths, though this
minority is only 10% of the population in your county. Citizens are charging your
page-pf3
department with racism and racial profiling. You have every confidence that your
deputies are acting with professionalism, but the mayor has asked that you write a
justification for this disproportionate impact on minority groups in the area. What
would you include in this note to the mayor?
Research has found little evidence that increased in the number of citizens with
concealed handgun permits reduce or increase rates of violent crime.
a. True
b. False
page-pf4
When procedural due process is applied to property interests, a person must be given
notice of the deprivation but not a reasonable opportunity to be heard.
a. True
b. False
The framers of the Constitution were very specific as to how the Supreme Court was to
be organized.
a. True
b. False
The Sixth Amendment guarantees a right to counsel during:
a. civil proceedings.
b. hostile contractual negotiations.
c. criminal proceedings.
d. any and all court proceedings
page-pf5
Marx regarded punishment as a way to:
a. provide social solidarity.
b. control the lower class.
c. limit the power and influence of the upper class.
d. exact revenge.
Among other things, the Fourteenth Amendment:
a. permitted blacks to be citizens of the United States.
b. permitted states to determine the citizenship status of blacks.
c. abolished slavery in the territories.
d. overturned the Emancipation Proclamation.
page-pf6
The only other court or legislative body that can overrule a Supreme Court decision is:
a. another federal court having original jurisdiction.
b. the lower court to which the case was remanded.
c. Congress, with a three-fourths vote in the House and a two-thirds vote in the Senate.
d. no other body may overrule the U.S. Supreme Court.
Inmates can sue for violation of their constitutional rights under:
a. USC Section 1983
b. the Civil Rights Act of 1964
c. the Prisoner's Rights Act of 1992
d. the Due Process Act of 1978.
The Supreme Court has original jurisdiction in any criminal case where controversies
over the death penalty are involved.
a. True
b. False
page-pf7
The most commonly used method to determine reasonableness is the case-by-case
method, which:
a. considers the totality of circumstances in each individual case.
b. assigns points to each indicia of reasonableness.
c. compares a case to other similar cases.
d. considers a specific rule that applies to all cases.
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
page-pf8
The general rule under the Eighth Amendment is that punishments must be:
a. consistent with international standards.
b. approved by a unanimous jury.
c. proportional or directly related to the case.
d. in adherence with the biblical standard of "an eye for an eye."
The case of Marburyv.Madisonestablished:
a. lifetime appointment for justices.
b. that the Supreme Court has the authority to review acts of Congress.
c. that police must notify suspects of their rights prior to questioning.
d. that the Supreme Court must function only as an appellate court.
The 10th Amendment refers to both delegated and reserved powers.
page-pf9
a. True
b. False
All warrants are to be based on:
a. a preponderance of the evidence.
b. reasonable suspicion.
c. proof beyond a reasonable doubt.
d. probable cause.
The Ninth Amendment addressed concerns that Americans would retain only those
rights enumerated in the Constitution.
a. True
b. False
page-pfa
In Adams v. Williams, the Court held that the requisite suspicion to make a stop can be
established by
a. an anonymous phone call.
b. a jailhouse confession.
c. personal observation by a police officer.
d. an informant's tip.
Religious freedom includes all of the following, except:
a. the freedom to worship.
b. freedom to print instructional material.
c. freedom to train teachers.
d. prayer conducted in public schools.
page-pfb
The exclusionary rule prohibits the use of confessions obtained in violation of a
person's constitutional rights and those that are otherwise coerced for all of the
following reasons, except:
a. they are inherently unreliable.
b. to do otherwise would be a violation of due process.
c. of a need to hold government accountable by holding such confessions inadmissible.
d. the concern for public safety is not a Fifth Amendment issue.
Common law was:
a. that which applied to the common people, not to those in the upper echelon of
society.
b. set forth in well-documented codes.
c. established by early English and Roman rulers.
d. based on customs and traditions followed throughout England.
A court that is authorized to hear cases first, try them, and render decisions is known as
a court of
a. primary jurisdiction.
page-pfc
b. original jurisdiction.
c. appellate jurisdiction.
d. exclusive jurisdiction.
The Articles of Confederation did not empower Congress to
a. regulate trade.
b. levy taxes.
c. establish a court system.
d. all of the above.
United States v. Warshak affirmed:
a. mobility produces exigent circumstances.
b. no expectation of privacy exists in peer-to-peer sharing services.
c. diminished expectation of privacy in a vehicle.
d. there is a reasonable expectation of privacy in e-mails.
page-pfd
Federal judges (including Supreme Court justices) can be removed from their office "on
impeachment for and conviction of" all of the following, except:
a. high crimes and misdemeanors
b. treason
c. dereliction of duty
d. bribery
The elements of a seizure include
a. intending to seize the object or person.
b. a warrant.
c. an arrest.
d. a prior warning.
page-pfe
Congress has not considered an Amendment regarding:
a. establishing victims' rights.
b. prohibiting burning the American flag.
c. banning gay marriage.
d. abolishing the Presidency.
Police may use deadly force against fleeing felons:
a. if the pursuit enters another jurisdiction.
b. if the police fear the felon would otherwise escape.
c. only if the suspect presents an imminent danger to life.
d. if state law requires it.
The Amendment prohibits the government from housing soldiers in private homes in
peacetime without the owner's consent.
page-pff
Explain the types of opinions that may be written by Supreme Court justices, who may
write them, and the purpose of each.
The ______________-exception allows police to questions suspects without first giving
Miranda warnings if information sought sufficiently affects the officers' and the public's
safety.
You are a senior police officer in the department and have been tasked by the Chief of
Police to draft a policy on how police officers should deal with high-speed chases.
There have been several complaints and newspaper articles about recent car chases that
ended in the death or serious injury of the drivers. Additionally, some citizens are
page-pf10
concerned that high-speed chases in residential neighborhoods are a danger to children
and others. You know that many important arrests have been made as a result of such
chases. Write a short policy on high-speed chases, explaining what police officers
should do and justifying the policy.
Discuss what alleged racial disparities exist within our criminal justice system.
Those who ____law create it.
page-pf11
List the five factors used to determine witness reliability in pre-trial identification
procedures.
If the state does not provide a specific attorney to assist a defendant in a capital case
until the day of trial, the defendant is being denied __________.
Describe what affirmative action programs are, where they are used, and discuss
whether you feel they are effective. Are they appropriate? Are they fair?
page-pf12
Because a traffic stop is brief and occurs in public, it is not considered an
________requiring Miranda warnings.
Explain the public safety exception to the Miranda warnings.
The Fourth Amendment forbids _________searches and seizures.
page-pf13
Though slavery was abolished in 1862, racial turbulence persisted and Congress passed
the _________ which gave Blacks citizenship.
The only Supreme Court case to specifically address the Second Amendment's scope
for many years was___________ in 1939.
Contrast the criminal and juvenile justice systems.
page-pf14
Officers wanting to make an unannounced entrance to execute a warrant may request a
________warrant.
Explain asset forfeiture. Why is it considered in a discussion of the Eighth Amendment?
The contention that police single out subjects based solely on the color of their skin
frequently leads to allegations of _________.
page-pf15
Describe two exceptions to the exclusionary rule.
The purpose of the _________is to prevent prohibited persons from obtaining
handguns.

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