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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? Explain your answers to both questions.
Police actions that would "shock the conscience" were found to violate due process in:
a. Miranda v. Arizona.
b. Rochin v. California.
c. In re Gault.
d. Katz v. United States.
The Supreme Court in R.A.V. v. City of St. Paul found that burning a cross was
a. a hate crime.
b. subject to First Amendment protection.
c. unconstitutional.
d. none of the above.
State courts are free to forbid preventive detention of state and local prisoners.
a. True
b. False
In United States v. Sharpe the Court ruled that a stop:
a. has no rigid time limit.
b. has no time limit.
c. can be no longer than 20 minutes.
d. can be no longer than 75 minutes.
Which of the following would not be a legitimate factor contributing to the decision to
frisk?
a. suspect who flees
b. suspicion a suspect possesses dangerous drugs
c. being in known high-crime area
d. suspect's hand is concealed in pocket
A waiver of one's Sixth Amendment right to counsel must be all of the following,
except:
a. in writing.
b. knowing.
c. voluntary.
d. intelligent.
A waiver of Miranda is valid even if the suspect thought the questioning was going to
be about a minor crime and the questioning switched to a more serious crime.
a. True
b. False
Although a stop and an arrest are quite different, they are both regulated by the Fourth
Amendment.
a. True
b. False
Justice Scalia noted that "the right...is not unlimited...Nothing in our opinion should be
taken to cast doubt on longstanding prohibitions on the possession of firearms by felons
and the mentally ill, or laws forbidding the carrying of firearms in sensitive places...or
laws imposing conditions and qualifications on the commercial sale of arms" in:
a. United States v. Miller
b. District of Columbia v. Heller
c. Presser v. Illinois
d. Stevens v. United States
A major issue facing the criminal justice system today is the growing population of and
rising crime rates associated with:
a. juveniles
b. crack dealers
c. illegal immigrants
d. organized biker gangs.
The public safety exception was established in:
a. Jacobson v. United States.
b. Katz v. United States.
c. New York v. Quarles.
d. Illinois v. Perkins.
Regardless of the level of jurisdiction, a statutory law may not violate the Constitution.
a. True
b. False
Searches with a warrant:
a. are presumed to be unreasonable.
b. must be executed within 36 hours to be valid
c. are presumed to be reasonable.
d. are unlimited in scope.
Each state has its own federal circuit court of appeals.
a. True
b. False
A potential jury is known as a voir dire.
a. True
b. False
For an amendment to the U.S. Constitution to be ratified, the number of state
legislatures or special conventions which must agree is:
a. one-fourth
b. one-half
c. two-thirds
d. three-fourths
A person who becomes mentally ill while in prison cannot be executed.
a. True
b. False
During the colonial period, the militia was considered to be:
a. the Continental Army.
b. enlisted Minutemen.
c. the entire male populace of a state.
d. the entire national population.
The Miranda warning must be given during lineups, show-ups, and photographic
identifications.
a. True
b. False
For which of the following does Title III require a warrant?
a. Electronic surveillance (wiretap)
b. Recording phone conversations with consent of one of the two parties to the
conversation.
c. Using a pen register to obtain the numbers dialed from a telephone.
d. Randomly intercepting cordless and cellular phone conversations.
The use of a Taser might be considered unreasonable, excessive force if the subject is:
a. verbally abusive.
b. a flight risk.
c. an immediate threat.
d. a dangerous felon.
If a court remands a case, it is
a. supporting the lower court's opinion.
b. overturning the opinion.
c. returning the case to the lower court.
d. dissenting with the majority.
The Supreme Court stated that the exclusionary rule operates as a judicially created
remedy designed to safeguard Fourth Amendment rights generally through its deterrent
effect, rather than a constitutional right of the person aggrieved in:
a. Mapp v. Ohio
b. Weeks v. U.S.
c. United States v. Leon
d. Wolf v. Colorado
When executing a search or arrest warrant, the common law rule is that for an entry into
the home to be constitutional, the police must first:
a. evacuate the immediate area.
b. knock and identify themselves and their purpose.
c. read the occupants their Miranda warnings.
d. obtain consent to enter.
Under federalism:
a. the federal government has the most power.
b. state governments have more power than the federal government.
c. power is shared by the national government and the states.
d. the Constitution is declared the supreme law of the land.
A stop is a seizure of the person within the meaning of the Fourth Amendment.
a. True
b. False
The philosophy which is based on free, independent individuals agreeing to form a
society and to give up a portion of their individual freedom to benefit the security of the
group is generally known as:
a. a social contract
b. communal well-being
c. the federalist philosophy
d. natural law
Title VII prohibits policies or practices that are not intended to discriminate but, in fact,
have a disproportionately negative effect on minorities, also known as:
a. disparate treatment.
b. disparate impact.
c. reverse discrimination.
d. preemption.
Defendants cannot be sentenced to life without parole for a non-homicide crime if,
when they committed the crime, they were below the age of:
a. 15
b. 16
c. 17
d. 18
This occurs when the victim or witness is shown several people, including the suspect.
a. a showup
b. a blind lineup
c. a stop and frisk
d. a lineup
Which of the following would not prove exigent circumstances to justify entry by
police without first announcing their presence and purpose?
a. A crime is in progress.
b. Illegal gambling is occurring at night.
c. Evidence would be destroyed
d. Making the officer's presence known would endanger them.
A reasonable expectation of privacy is an implied right that often falls within the
penumbra of other specified rights.
a. True
b. False
The necessary and proper clause, establishing the authority of the federal government to
address national issues, was addressed by the Supreme Court in:
a. Marbury v. Madison
b. McCulloch v. Maryland
c. Gibbons v. Ogden
d. Adams v. Hamilton
Religious freedom includes the freedom to print instructional materials to train religious
teachers and to organize religious schools.
a. True
b. False
Describe the challenge to Miranda presented in Dickerson v. United States (2000) and
the Supreme Court's ruling.
Means v. McDonald held that a stop may last as long as ________in serious cases.
Discuss the two opposing interpretations of the Second Amendment that have clashed
over the years. In light of current rulings, has either side won?
The ________Amendment embodies the principle of federalism.
You are the chief of police in your community and are quite concerned about a recent
spike in criminal misconduct in the east part of town. Community leaders are constantly
calling your office to complain. You decide that you should have a strong police
presence on the streets and direct your officers to walk the beat in the east part of town,
rather than use patrol cars. You also direct your police officers to vigorously try to
prevent crime by acting proactively by stopping individuals who seem out of place or
apprehensive when they see the police officer. As a result, many of these contacts have
resulted in stop and frisk activities by the police and crime has dropped significantly in
the east part of town. However, now you're getting calls from the same neighborhood
asking why a disproportionate number of minorities are being stop and frisked by the
police. You have decided to meet with the community leaders to answer this latest
concern. What will you tell them?
__________segregated blacks from whites in schools, restaurants, and even cemeteries.
The captions of _____ cases at the trial court level always include the government (e.g.,
the city, county, state, or United States) versus the defendant.
The Amendment prohibits excessive bail, excessive fines and cruel and unusual
punishment.
The free exercise of religion involves both the freedom to believe and the freedom to
_________.
The seizure of property connected with illegal activity is known as __________.
Explain the basic purpose of the American legal system and why American law is said
to be a living law.
Discuss the delicate balance being struck by the Court in achieving the separation of
church and state in schools.
You are a judge hearing a serious felony case involving receiving stolen goods. It
appears that the police mishandled the chain of custody for a vital piece of evidence.
You could simply rule that it was a reasonable error and the police officers acted in
good faith, which would allow the evidence to come in. The defendant would likely
than face conviction of felonies in a sentence of between 15 and 25 years in prison. On
the other hand, you are tired of sloppy police work in the city Police Department. What
will you do?
Gideon v. Wainwright established that ______ defendants are to be provided lawyers
when faced with a deprivation of liberty.
It can be interpreted from TheFederalistPapersthat the Supreme Court was assigned the
awesome task of practically overseeing the ___________.
