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In order for speech to be considered obscene, and thus not protected by the First
Amendment, it must be all of the following except:
a. the work arouses erotic sexual interest.
b. the work taken as a whole appeals to the prurient interest in sex.
c. it portrays sexual conduct in a patently offensive way.
d. the work taken as a whole does not have a serious literary, artistic, political
or scientific value.
"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 Supreme Court has not prohibited execution of:
a. juveniles
b. the mentally ill
c. the handicapped
d. the mentally retarded
The circumstances in which officers leave their jurisdiction and enter another to make
an arrest of a felon who committed the felony in the officers' jurisdiction and then fled
across jurisdictional lines is called:
a. fresh pursuit
b. hot pursuit
c. continuous pursuit
d. unabated pursuit
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.
The Constitution and Bill of Rights are housed at:
a. the Smithsonian museum.
b. the National Archives.
c. the White House.
d. the Supreme Court Building.
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.
A basic purpose of the American legal system is to:
a. remove power from the government.
b. develop a living law.
c. ensure fairness in balancing individual and societal rights and needs.
d. create a system that, while not perfect, is the best in the world.
The juvenile justice system is comprised of the following components:
a. intervention, courts, and rehabilitation
b. law enforcement, courts, and corrections
c. intervention, adjudication, and punishment
d. law enforcement, counseling, and rehabilitation
The scales of justice represent:
a. keeping individual and societal needs in balance.
b. the struggle for power between good and evil.
c. the two sides of prosecution and defense.
d. the weighing the evidence of guilt or innocence.
The primary reason some states were reluctant to accept the Constitution was:
a. It failed to establish a balance of power.
b. It failed to abolish slavery.
c. It did not contain a bill of rights.
d. It did not allow smaller states adequate representation in the national government.
An unlawful search and seizure can include all of the following consequences, except:
a. departmental sanctions.
b. criminal liability.
c. evidence would be admissible in court.
d. civil liability.
"Whether the gravity of the evil discounted by its improbability, justifies such invasion
of free speech as is necessary to avoid the danger" is called the:
a. clear and probable danger test
b. clear and present danger test
c. imminent lawless action test
d. imminent probable danger test
Which of the following is not considered when determining if the length of an
investigative stop was reasonable?
a. the purpose of the stop
b. whether force was used to stop and detain the suspect
c. the reasonableness of the time used to investigate
d. the reasonableness of the means of investigation
It is the Supreme Court's responsibility to monitor government infringement on civil
rights according to the doctrine of:
a. strict construction
b. judicial restraint
c. judicial review
d. natural law
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.
The Miranda warning must be given:
a. immediately upon arresting an individual.
b. only to those suspects interrogated in the custody of police.
c. to all witnesses who may be called upon to testify in court.
d. to anyone being interrogated by the police.
The powers of the national government, both enumerated and implied, are known as
the:
a. delegated powers
b. reserve powers
c. primary powers
d. federalist powers
Gideon v. Wainwright established that indigent defendants are to be provided lawyers
when faced with a(n):
a. custodial interrogation
b. deprivation of liberty
c. period of incarceration exceeding one year
d. adversary criminal proceeding
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 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."
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"
The two main functions of the courts are to:
a. determine guilt or innocence and interpret laws
b. settle controversies and review cases for legal improprieties.
c. settle controversies and decide the rules of law that apply in the case.
d. determine guilt or innocence and apply appropriate sanctions.
Which of the following is insufficient to support probable cause?
a. physical evidence
b. admissions
c. association with known criminals
d. failure to protest arrest
The ____________ Amendment gave the vote to black males.
a. Fifteenth
b. Nineteenth
c. Twenty-First
d. Twenty-Third
Which is not a purpose of bail?
a. Maintain the presumption of innocence.
b. Guarantee the appearance of the accused in court.
c. Sanction the offender.
d. Allow the accused to organize their defense.
After the Plessy decision, the concept of "separate but equal" became entrenched in the
Southern states through the enactment of:
a. the Civil Rights Act of 1964.
b. school desegregation.
c. Jim Crow laws.
d. the Fourteenth Amendment.
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.
Congress' power "to provide for the calling forth of the Militia to execute the laws of
the Union" was granted by:
a. United States v. Cruikshank
b. Article I, Section 8 of the Constitution
c. The Third Amendment
d. The Omnibus Crime Control and Safe Streets Act
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.
The amount of bail must be an amount the accused can afford to pay.
_________ includes anything that is illegal for people to own or have in their
possession.
In upholding the free speech right of anonymous pamphleteering, the Supreme Court
held that "Anonymity is a shield from the tyranny of the ______________."
The Supreme Court has held that the Eighth Amendment prohibits execution of anyone
who was under age 21 at the time they committed the capital offense.
Explain informational and observational probable cause.
In determining which cases to hear, the justices are often looking for cases involving
matters that directly influence the law and the nation.
Explain the difference between a crime and a tort.
The right to counsel attaches when a person faces custodial interrogation.
The __________guarantees that states shall not deny any person due process nor equal
protection of the laws.
Discuss what might constitute exigent circumstances. Give specific examples.
The Eighth Amendment guarantees the right to bail.
Explain the purpose of bail, who is eligible for it, and the criteria considered when
calculating the appropriate amount of bail.
When a court agrees with a lower court ruling, they ________ the lower court's
decision.
Explain the problem of dual sovereignty of the federal and state governments and how
it was resolved.
______________ is a deliberate "end run" around Miranda by purposely withholding
warnings until after a confession is obtained and then giving Miranda to re-ask the
question (and is unconstitutional).
The ___________________ publishes regional sets of appellate opinions, as well as
individual sets for specific states.
In Virginia v. Black (2003), the Supreme Court held that a law banning cross burning as
a hate crime itself is unconstitutional because the law presumes hate is the
purposewithout more evidence, cross burning is deemed a protected form of speech.
The court of last resort in most federal cases is the _________________.
The UCLA Law Review, being a compilation of recently decided cases pertinent to
criminal justice professionals, is an example of a _______________ information
source.
