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.
The United States operates its juvenile justice system under the parens patriae model
where juveniles have no constitutional rights during adjudication.
a. True
b. False
The following are true of the Legislative Branch of the United States government,
except:
a. it passes laws but has no power to enforce them.
b. it is comprised of the House and Senate.
c. it can enter into treaties with other nations.
d. it regulates interstate and international commerce.
The Eighth Amendment guarantees the right to bail.
a. True
b. False
Decisions made by the Supreme Court affect the everyday lives of Americans.
a. True
b. False
The Supreme Court has found areas into which the government may not intrude known
as
a. zones of privacy.
b. unenumerated rights.
c. due process controlled areas.
d. none of the above.
The right to peaceful assembly:
a. permits anyone to enter private property to assert protected speech.
b. involves the right to assemble in public places.
c. permits demonstrations on the property of private abortion clinics.
d. cannot be restricted under any circumstances.
The Thirteenth Amendment:
a. deals with the right to due process of law.
b. abolished slavery.
c. established prohibition.
d. guarantees equal protection.
The two competing models often identified when discussing the purpose of the criminal
justice process include crime control and
a. staredecisis.
b. conflict theory.
c. the supremacy clause.
d. due process.
The right to remain silent was not granted suspects in criminal cases until Miranda.
a. True
b. False
The first state to pass a victims’ rights constitutional amendment was:
a. Texas.
b. Florida.
c. Massachusetts.
d. California.
At issue in Dickerson v. United States was Section 3501 of the Omnibus Crime Control
and Safe Streets Act of 1968 which stated that the admissibility of statements should
turn only on whether they were voluntarily made, and not only on whether:
a. coercive tactics were used.
b. Miranda warnings had been given.
c. custodial interrogation had occurred.
d. the statement was made without an attorney present.
Which of the following is a permissible restriction on speech?
a. Defamation.
b. Political rhetoric
c. Criticism of the government
d. Depictions of animal cruelty
The Supreme Court reduced law enforcement’s authority to search the passenger
compartment of a vehicle incident to arrest in:
a. Arizona v. Gant
b. Carroll v. United States
c. United States v. Simmons
d. New York v. Belton
United States v. Klein overruled ExParte McCardle by holding that Congress did not
have the right to limit the jurisdiction of federal courts.
a. True
b. False
Freedom of the press was made binding on the states through the Fourteenth
Amendment in Near v. Minnesota (1931), in which the Supreme Court ruled that:
a. no newspaper could be banned because of its contents, regardless how scandalous.
b. obscenity is not a constitutionally protected form of speech.
c. government may halt publication of books that endanger national security.
d. the press has no constitutional right to disregard promises of confidentiality.
Individual rights proponents claim that:
a. only military and law enforcement personnel have a right to possess firearms.
b. citizens should be permitted to possess only a single, individual weapon, not an entire
arsenal.
c. the framers of the Constitution intended to preserve individual rights above state
rights.
d. during national emergencies, individuals should be allowed to choose whether they
want to keep and bear arms to help defend the country.
The ______Amendment has never been subjected to Supreme Court review.
a. Third
b. Seventh
c. Ninth
d. Tenth
Sentencing guidelines have reduced:
a. racial disparity.
b. ethnic disparity.
c. death sentences.
d. sentence disparity.
The Eighth Amendment’s prohibition against excessive fines:
a. applies to states because of the Fourteenth Amendment.
b. applies to states because it is an important part of our system of justice.
c. does not apply to any states.
d. does not apply to all states, but does apply to some.
The number of women who have served on the Supreme Court through 2010 is:
a. zero
b. one
c. three
d. four
A peremptory challenge seeks to remove a potential juror for:
a. lack of knowledge or intelligence.
b. bias for the defendant.
c. bias against the defendant
d. any reason whatsoever.
The case establishing that indigent defendants accused of a felony must be provided a
lawyer was:
a. Barker v. Wingo.
b. Powell v. Alabama.
c. Gideon v. Wainwright.
d. Argensinger v. Hamlin.
“Probable cause to search” means:
a. having more evidence against a set of probabilities.
b. officers reasonably believe that evidence, contraband or other items sought are where
they believe them to be.
c. that a reasonable person would believe the items may or may not be at a particular
location.
d. the officers have reasonable suspicion to think the items are where they wish to
search.
The right to a federal jury trial is determined mainly by historical analysis of common
law.
a. True
b. False
In Douglas v. California the Court held that the right to counsel extends to:
a. the first appeal at all levels.
b. the first appeal at the state level only.
c. the first appeal at the federal level only.
d. all appeals.
Which of the following statements would probably constitute an invocation of Miranda
rights?
a. “I think I may have said too much.”
b. “If I don”t like your questions, it’s lawyer time.”
c. “I”ll talk, but I”m not signing that waiver form.”
d. “I”m done talking to you.”
Which of the following does not have complete immunity from arrest?
a. Families of foreign diplomats
b. Servants of foreign diplomats
c. State legislators
d. Foreign diplomats
Deterring government misconduct is the primary purpose of the:
a. good faith exception
b. exclusionary rule
c. Supreme Court
d. citizen review board
In Trop v. Dulles, the Supreme Court held that the standard for determining whether a
punishment is cruel and unusual is:
a. “socially acceptable practices”
b. “evolving standards of decency “
c. “evolving social norms”
d. “retribution v. rehabilitation”
In Segura v. United States (1984), although evidence discovered during an illegal entry
into an apartment was excluded, evidence later found in the apartment with a warrant
obtained with information totally unconnected with the illegal entry was admissible
under the:
a. valid, independent source doctrine
b. confidential source doctrine
c. harmless error doctrine
d. reliable informant exception
Consensus theory is based on a philosophy proposed by French historian-philosopher,
Montesquieu.
a. True
b. False
Using the three criteria for the plain view doctrine, provide one scenario involving
illegal drugs in the trunk of a car that properly utilizes this doctrine and one with similar
facts that fails to meet the test.
Describe the ideological makeup of the current Supreme Court. In your opinion, do
labels such as “liberal” or “conservative” provide an accurate portrayal of the current
Court? Explain.
In 1775, _____ of the colonists were English.
Explain the Second Amendment’s current status, and how that status affects laws
relating to gun ownership.
One of the earliest definitions of __________was that it means less than evidence
which would justify condemnation or conviction.
Discuss the Eighth Amendment rights often claimed by prisoners, citing examples.
A(n) __________is the taking of a person into custody for the purpose of holding him
to answer a criminal charge.
Courts with general jurisdiction may hear a wide range of cases, whereas those of_____
jurisdiction hear a much narrower range of cases.
Vehicles may often be searched without a warrant because of their __________.
The Sixth Amendment right to counsel presumes counsel is _________.
Rank the four basic freedoms guaranteed by the First Amendment in descending order
of importance to you, then explain why you rank them as you do.
________is a Latin term that means “to be informed.”
The ____________________-Act strengthens the ability of the Justice Department and
the FBI to monitor suspected terrorists and their associates.
The Amendment states: “TheenumerationintheConstitutionofcertainrightsshallnot
beconstruedtodenyor disparageothersretainedbythepeople,”thus answering the
objections of those who thought that naming some rights but not all might result in the
government’s claiming more power than was intended.
Gun-control advocates, including the Brady Campaign to Prevent Gun Violence, have
criticized the “Stand Your Ground” laws that have been passed in many states. These
laws expanded the definition of justifiable self-defense and provide that anyone
claiming to feel threatened no longer has an obligation to treat or avoid use of deadly
force. Assume you are defending a woman accused of shooting a young girl who
knocked on her front door late at night. Your client had heard about break-ins in the
local area over the television news and thought she was about to be robbed. The girl at
the door was actually looking for help because her car had become stuck in a snowbank
at the foot of your client’s driveway. Based on the facts and any reasonable fact you can
add to the scenario, how would you convince a jury that your client should not be
convicted of shooting the young girl? Assume you are successful in your argument and
it appears that you have convinced a jury your client was in fear. If the fear needs to be
a reasonable one, how would the prosecutor counter your argument most effectively?
Stopping a vehicle to search for evidence of a crime under the guise of a traffic stop is
called a ___________.
You are a legislator and have been reading the paper about a notorious crime in the
capital city. The defendant was acquitted of the charges because her confession was
determined inadmissible at trial due to a violation of the defendant’s rights. Like
everyone else in the state, you are very angry about what has happened. You understand
the exclusionary rule, but feel that it simply goes too far and has let a terrible murderer
free to walk the streets. You have decided to come up with a state law to address this
issue and make sure that this will never happen again. Explain the nature of a state law
that would address this issue, justify its use rather than the exclusionary rule, and
discuss any possible negative consequences that may result from its use.
Supreme Court justices tend to evolve in their thinking once they are elevated to the
Court. Therefore, the new Supreme Court justice may take opinions different from what
might be expected by the President who nominated him or her or the Senate, which
confirmed him or her. Is this a problem for the judicial system? Why or why not?
Explain the law of stop and frisk and why it is needed.