Civics Chapter 16 Test Review

An attorney providing legal advice or representation.

Counsel

The use of spies by a government to discover the military and political secrets of other nations.

Espionage

An outward sign; something that furnishes proof.

Evidence

Questioning an accused person

Interrogation

Judicial deliverance from a criminal charge on a verdict or finding of not guilty.

Acquittal

What is the effect of Gideon v. Wainwright?

An attorney must be provided for indigent defendants in state felony cases.

To take or keep in custody by authority of law.

Arrest

Until 1938, how were poor defendants represented in cases other than those involving the death penalty or life imprisonment?

At one time, except in cases involving the death penalty or life imprisonment, a defendant had the right to an attorney only if he or she could afford one. If not, they defended themselves.

Last week, fishing in a county lake was made illegal. Before that, fishing in the lake was not prohibited. If you were fined because you fished in the lake last year, before it was illegal to do so, officials have violated the Constitution's...

Ex post facto clause

The clause in the U.S. Constitution that prevents the government from punishing someone for doing something that was not a crime, when the act was committed.

Ex post facto clause

A rule that forbids the introduction of illegally obtained evidence in a criminal trial.

Exclusionary rule

No right to use illegally obtained evidence

Exclusionary rule

What is a presumption of innocence and why is it important?

It is innocence until proven guilty. It is important because it means that the deciders of fact in a trial-the judge or jury-must regard the defendant as innocent until the government proves that he/she is guilty.

How did states respond to the Supreme Court ruling in Furman v. Georgia?

States began to rewrite laws about capital punishment.

Any act that a juvenile can be lawfully detained for, but which is not a crime if committed by an adult.

Status offense

*How do the Fifth and Sixth Amendments protect the rights of a defendant in the search for truth?

The Fifth Amendment protects against self-incrimination. The Sixth Amendment gives right to a trial by impartial jury, and right to a speedy and public trial and the right to question witnesses. Also, the right to an attorney in both federal and state trials.

Protects people from unreasonable searches and seizures

The Fourth Amendment

The right to a speedy and public trial can be classified as a component of...

The Sixth Amendment

What principle of law is the starting point for every trial?

The defendant is presumed innocent.

What happens when a criminal case is judged to be beyond a reasonable doubt?

The defendant is usually found guilty.

A(n) ________________________is a type of seizure, so it requires a warrant or probable cause.

~Arrest

In special situations such as international _________________ crossings, police may search everyone due to a special need.

~Borders

The most controversial sentence given to defendants is ______________________ _________________________, or the death penalty.

~Capital punishment

The Supreme Court in Ewing v. California ruled that the three-strikes law was _____________________.

~Constitutional

Being taken into custody

Arrested

Execution of an offender sentenced to death after conviction by a court of law of a criminal offense.

Capital punishment

Anything prohibited by law from being imported, exported, or possessed.

Contraband

Everything that happens to a person who commits a crime, from arrest through prosecution and conviction to release from prison.

Criminal justice process

The examination of a witness who has already testified in order to check or discredit the witness's testimony, knowledge, or credibility.

Cross-examination

Being tried twice for the same crime can be classified as...

Double jeopardy

The subjecting of a person to a second trial or punishment for the same offense for which the person has already been tried or punished.

Double jeopardy

A precedent for deciding the fairness of the three-strikes laws is...

Ewing v. California

"Taking the Fifth" refers to the Fifth Amendment right not to defend oneself.

False

An incarcerated but innocent person is unlikely to apply for a writ of habeas corpus.

False

In a plea bargain, the accused pleads guilty to the original crime.

False

The Fifth Amendment prohibits cruel and unusual punishment.

False

The Supreme Court ruled that mandatory sentences for juveniles are constitutional.

False

The presumption of innocence means that the government must prove a person is innocent of a crime.

False

Wounding someone during a robbery is a cause for the death penalty in some states.

False

Which kinds of rights are limited in schools?

Fourth Amendment rights

What does "taking the Fifth" mean?

If Congress grants an individual immunity from prosecution, that person will often testify. It prevents self-incrimination.

*What rights does an accused person have in our democracy, and why is it important that they have these rights?

In our democracy, if you are accused, you have the right to due process. Under the Fourth Amendment, you are protected from unreasonable search and seizure. When arrested, you must be informed of your Fifth and Sixth Amendment rights, which gives you a right to an attorney and a speedy trial and protects you from self-incrimination. The Eighth Amendment protects you from cruel and unusual punishment. It is important that they have these rights, because the criminal justice process can lead to loss of liberty or even loss of life.

Suffering from extreme poverty.

Indigent

A formal or official questioning.

Interrogation

What distinguishes the juvenile justice system from the adult justice system?

Jury trials are not required.

Why do many cases never need a trial or a jury?

Many cases are settled by plea bargains before trial. This is a process whereby the defendant pleads guilty to a lesser crime than the crime he/she was originally charged with in order to avoid a trial.

The right for a defendant being taken into police custody to remain silent (to avoid self-incrimination) and the right to an attorney; the police must inform a defendant of these rights before questioning, or anything learned from the interrogation cannot be used against the defendant at trial.

Miranda Rights

In Miranda v. Arizona, the Supreme Court ruled that suspects...

Must be informed of their rights

An agreement whereby a defendant pleads guilty to a lesser crime than the one with which a defendant was originally charged and in return the government agrees not to prosecute the defendant for the more serious crime.

Plea bargain

Someone would have a right to see search warrant when...

Police want to search the person's home

The principle that one is considered innocent until proven guilty; the government has the burden of proof in a criminal trial.

Presumption of innocence

A reasonable basis to believe a person or premises are linked to a crime.

Probable cause

A reasonable belief

Probable cause

To conduct criminal proceedings in court against.

Prosecute

Stopping an African American in a neighborhood because most residents are Hispanic is an example of...

Racial profiling

Offering career counseling at a prison is an example of...

Rehabilitation

An order signed by a judge describing a specific place to be searched for specific items.

Search warrant

Testifying against oneself.

Self-incrimination

The punishment to be imposed on an offender after a guilty verdict.

Sentence

Police may search an entire vehicle if they have probable cause to believe it contains __________________________.

~Contraband

The rights of the accused are safeguarded through each step of the _____________________ __________________________ process.

~Criminal justice

The Supreme Court has restricted use of the ______________________ _______________________ so mentally disabled people and those who were under 18 when they committed their crime may not be executed.

~Death penalty

The purposes of criminal sentences include retribution, _______________________________, rehabilitation, ___________________________, and incapacitation.

~Deterrence ~Restitution

_____________________ incarceration challenges the basic assumption that everyone receives equal justice under the law.

~Disproportionate

The Fifth Amendment protects against __________________ ____________________________, or being prosecuted a second time for the same offense.

~Double jeopardy

The _________ __________ _____________ ____________ prevents the government from punishing someone for an action that was not a crime at the time of the action.

~Ex post facto clause

Under the ________________________ ____________________, evidence which the court determines was gained through an illegal search cannot be used in a trial.

~Exclusionary rule

Police must protect the __________________ and __________________ Amendment rights of a person during interrogations.

~Fifth ~Sixth

The ___________________ Amendment to the U.S. Constitution protects Americans from _________________________ government searches and seizures.

~Fourth ~Unreasonable

A defendant may challenge his or her imprisonment by applying for a writ of ____________________ _____________________.

~Habeas Corpus

If a convicted person is considered a threat to the community, _____________________ is the goal and a prison sentence might be given.

~Incapacitation

The Supreme Court has ruled that mandatory sentences of life imprisonment without parole for __________________________ are unconstitutional.

~Juveniles

The protections of the __________________ __________________ apply only to interrogations made while a person is in _________________ and is being questioned by law enforcement.

~Miranda rights ~Custody

Today, capital punishment is reserved for _____________________ and crimes against the nation, such as ____________________ and ________________________.

~Murder ~Treason ~Espionage

The police must state under oath that they have a ________________________ ________________________ to suspect a crime in order to obtain a search warrant.

~Probable cause

Federal and state governments must use fair procedures when accusing or prosecuting someone, a right known as _______________________ ____________ ________________________.

~Procedural due process

If a person is stopped and searched for no reason other than his race, it is ______________ ___________________, but if race is only a factor in a description, such a search is not unreasonable.

~Racial profiling

The Fifth Amendment protects people from ____________________________.

~Self-incrimination

____________________________ laws impose an automatic minimum sentence, usually lengthy, for a person convicted of their third serious crime.

~Three-strikes

To be used in court, a confession must be ________________ and trustworthy.

~Voluntary

Under certain circumstances, such as an object in plain sight, the police do not need a ________________________ to seize an item.

~Warrant

School officials do not need _____________________ or probable cause to search students or their property, but they do need reasonable suspicion.

~Warrants

Laws that typically impose an automatic minimum sentence of 25 years or life imprisonment when a person is convicted of a serious offense for the third time.

Three-strikes laws

The offense of acting to overthrow one's government or to harm or kill its leader.

Treason

A court must provide legal counsel for criminal defendants who cannot afford it.

True

Disproportionate incarceration makes some people question where there is equal justice under the law.

True

The Sixth Amendment provides for a trial by an impartial jury in the area where a crime was committed.

True

How did Gideon v. Wainwright (1963) change the 1938 ruling?

Twenty-five years later, in the case of Gideon v. Wainwright (1963), the court extended this right to felony defendants in state courts as well.

What right regarding trials does the Sixth Amendment provide defendants in all criminal cases?

The Sixth Amendment provides a right to a speedy and public trial in all criminal cases.

What right does the Sixth Amendment guarantee defendants in felony criminal cases?

The Sixth Amendment provides for a trial "by an impartial jury of the State and district wherein the crime shall have been committed". It guarantees the right to a jury trial.

What rights does the Sixth Amendment provide defendants regarding witnesses?

The Sixth Amendment provides people accused of crimes with the right to confront the witnesses against them and to ask them questions by way of cross-examination. They also have a right to bring in their own witnesses.

Why are public trials and jury trials not required in juvenile cases?

The Supreme Court ruled that neither public nor jury trials are required in juvenile cases because they could destroy the privacy of juvenile hearings.

What changed with the U.S. Supreme Court?

The U.S. Supreme Court ruled that federal courts must appoint attorneys for indigent defendants-those without financial needs-in all federal felony cases.

What might happen if a police officer forces an accused person into self-incrimination?

The accused might seek a legal remedy.