Chapter 4

Which of the following statements are true regarding incarceration rates in the United States?

- The United States has the largest prison population in the world on a per-capital basis - the number of federal and state prisoners has more than doubled since 1990 - most state legislatures have enacted stiffer criminal penalties in the past two decades

The second amendment protects and supports which of the following

- a well-regulated militia - the right to keep and bear arms

The inevitable discovery exception

- allows admission of tainted evidence in certain cases - was Devi the case of nix v. Williams - states that exclusion of physical evidence that would have been found anywhere has no effect on fairness of a trial

Why was the national security agency's wiretapping of phones calls and e-mail messages originating in the United States, first revealed by the New York Times in 2005 , controversial?

- the wiretapping was specifically prohibited by the foreign intelligence surveillance act of 1978 - the wiretapping had been authorized by president George w. Bush without approval from the courts

Civil_______________refer to individual rights, such as the freedom of speech and religion, while civil____________________ to rights and privileges granted to citizens by government, such as equality under the law

-Civil liberties -civil rights

The free-exercise clause

-Is part of the first amendment - has been interpreted to mean that Americans can not always act on their religious beliefs if they conflict with other laws - has been interpreted to mean Americans can hold any religious beliefs of their choosing

The imminent lawless action test

-says that for speech to be restricted , it must be directly at inciting or producing imminent lawless action - says that speech must be likely to produce lawless action - has two criteria for speech advocating the unlawful use of force to be prohibited

In the case of Korematsu v. United States, the courts

Allowed government policies during wartime that would not be allowed in Times of peace

According to this test, before speech can be restricted, the government must clearly demonstrate that a citizen's expression presents a very obvious and real danger to the public safety

Clear and present danger

In 2016, the Supreme Court ruled that police _____ use an outstanding warrant for another offense as an excuse to apprehend a suspect for another unrelated offense

Could

Freedom of ____ is the right of individual Americans to hold and communicate thoughts of their choosing

Expression

T or F: according to Supreme Court, a statement that someone makes that ruins a public official's career may be considered libel or slander even if the statement is factually accurate

False

True or false: in a 1992 cases involving a St. Paul , Minnesota city ordinance, the Supreme Court rules that the government can restrict hate speech as it causes "anger or alarm"

False

Since 1990 the number of federal and state prisoners in United States has

Increased sharply

Which of the following amendments contribute to ensuring criminal due process

Fourth, Fifth, Sixth, and Eighth

Which of these groups is typically more protective of individual rights?

Judges

In which of the following cases did the Supreme Court rule that the second amendment, with some restrictions, prohibited state and local governments from effectively banning gun ownership

McDonald v. Chicago

Which of the following statements about slander and libel is true

Nether libel or slander is protected by the first amendment

In a case involving protesters Gregory Johnson, the Supreme Court ruled that burning the American flag was protected specifically as ____________ speech

Symbolic

In the process of selective incoraration

The fourth amendment

Griswold v. Connecticut was a case dealing with

The right to privacy

In Lemon v. Kurtzman , the Supreme Court ruled that the state funding of salaries for teachers at parochial schools, even if they taught secular subjects, violated the establishment clause

The teachers could use classroom time to teach religion subjects

Which of the following are fifth amendment rights of the accused

To a trial by jury

In planned parenthood v. Casey, the Supreme Court ruled that restrictions on abortion were legal so long as they didn't place _________________ ____________ on a woman's right to obtain an abortion

Undue burden

The legal safeguards that prevent the government from depriving citizens of life liberty or property without adhering to strict legal procedures are known as ______ process protections

due

The current standard used to determine whether the establishment clause has been violated is known as the _______________ test

lemon

The __ __ exception states that evidence is admissible when it is immediately visible in the course of stopping a person for another infraction.

plain view

Since the 1950's, what has been the government's approach to free speech?

-Not a single individual has been convicted solely for criticizing the government's war policies - the Supreme Court has ruled that national security must truly be at risk before the government can limit speech - the Supreme Court has ruled that spoken words do not pose a true threat to national security, so Americans can speak their minds politically

The first amendment clause barring the government form passing any laws that prohibit an individual's practice of his or her religion is known as the __________ __________ clause

Free-exercise

The first amendment that makes it illegal for the government to enact laws that restrict the free practice of religion by any individual is known as the

Free-exercise clause

Under which of the following Supreme Court cases did part of the bill of rights first become incorporated to apply to actions by the states

Gitlow v. New York

The establishment clause of the constitution restricts which of the following

Government from favoring one religion over another Government from supporting religion over no religion

In which of the following cases did the Supreme Court rule that for public figures to win a libel claim, they must prove actual malice

New York Times co. V. Sullivan

Which of the following Supreme Court was known as the " pentagon Papers " case?

New York Times co. V. United States

The Supreme Court has generally held that those convicted in state courts and who appeal on them grounds that their federal constitutional rights where violated are limited to

One appeal

The attempt to block the publication of material considered to be harmful is known as ___________________ restraint

Prior

The right to legal counsel Is a _______________ amendment protection

Sixth

In what year, in the case of Columbia v. Heller did the Supreme Court finally address the issue of how the second amendment should be interpreted

2008

The exclusionary rule restricts the ability of

Courts to admit illegally obtained evidence during a trial

In mapp v. Ohio, the Supreme Court extended the constitutional protection against unreasonable search and seizure to action by _________ government

State government

What are the religious clauses in the First Amendment?

-The first-exercise clause The establishment clause

Which of the following constitutional protections were at issue in the Supreme Court decision in Miranda v. Arizona?

-The right to an attorney - the right to. Remain silent

Based on the lemon test, state-funded programs are least likely to survive under the establishment clause if the program

Has a significant effect on advancing a religion

Law enforcement officials sometimes controversially rely on the practice of , the assumption that certain groups of people are more likely to commit particular crimes

Racial profiling

In which 2011 case did the Supreme Court rule that the first amendment's protection of speech extended even to hate speech during the funerals of soldiers killed in action

Snyder v. Phelps