Civics Ch. 16 Test

the supreme court has ruled that mandatory sentences of life imprisonment without parole for _________________ are unconstitutional.

juveniles

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

3-strikes

which kinds of rights are limited in schools?

4th amendment rights

what is an effect of gideon v. wainwright?

an attorney must be provided for indigent defendants in state felony cases

an _______________ is a type of seizure, so it requires a warrant or probable cause.

arrest

what does "taking the fifth" mean?

you cannot be forced to self-incriminate.

the _________ amendment to the u.s. constitution protects americans from ______________ government searches and seizures.

4th and unreasonable

police must protect the _______ and ________ amendment rights of a person during interrogations.

5th and 6th

being taken into custody

arrested

why do so many cases never need a trial by jury?

because the defendant settles a plea bargain for a lesser sentence

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

because these trials could destroy the privacy of juvenile hearings.

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

boarder

the most controversial sentence given to defendants is _____________ _______________, or the death penalty.

capital punishment

the supreme court in ewing v. california ruled that the 3-strikes laws was __________________.

constitutional

police may search an entire vehicle if they have probable cause to believe it contains ______________________.

contraband

the rights of an accused are safeguarded through each step of the _____________ ____________ process.

criminal justice

the supreme court has restricted the 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 and restitution

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

disproportionate

being tried twice for the same crime can be classified as

double jeopardy

the 5th amendment protects against ____________ ______________ or being prosecuted a second time for the same offense.

double jeopardy

a precedent for deciding the fairness of the 3-strikes laws is

ewing v. california

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 in the last year, before it was illegal to do so, officials have violated the constitution's

ex post facto clause

the ____ ______ ________ _______ prevents the government from punishing someone for an action that was not a crime at the time of teh action.

ex post facto clause

no right to use illegally obtained evidence

exclusionary rule

under the ______________________ ________, evidence which the court determines was gained through an illegal search cannot be used in a trial.

exclusionary rule

t/f "taking the fifth" refers to the 5th amendment right not to defend oneself.

false

t/f an incarcerated but innocent person is unlikely to apply for a writ of habeas corpus.

false

t/f in a plea bargain, the accused pleads guilty to the original crime.

false

t/f the 5th amendment prohibits cruel and unusual punishment.

false

t/f the presumption of innocence means that the government must prove a person is innocent of a crime.

false

t/f the supreme court ruled that mandatory sentences for juveniles are constitutional.

false

t/f wounding someone during a robbery is a cause for the death penalty in some states.

false

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

questioning an accused person

interrogation

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

it is when a judge and jury prove you innocent and the government must prove you guilty.

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

jury trials are not required

the protection of the _______________ ___________ apply only to interrogations made while a person is in ______________ and is being questioned by law enforcement.

miranda rights and custody

today, capital punishment is reserved for _________ and crimes against the nation, such as ______________ and __________________.

murder, treason, and espionage

in miranda v. arizona, the supreme court ruled that suspects

must be informed of their rights

someone would have a right to see a search warrant when

police want to search the person's home

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

poor defendants didn't have the right to an attorney; they were often convicted because they did not understand the law and couldn't adequately argue their own cases.

a reasonable belief

probable cause

the police must state under oath that they have _________________ __________ 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 then his race, it is _____________ ___________, but if race is only a factor in a description, such a search is not unreasonable.

racial profiling

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

the fifth amendment protects the people from ______________________.

self incrimination

how did many states respond to the supreme court ruling in furman v. georgia?

states began to rewrite laws about capital punishment

protects people from unreasonable search and seizures

the 4th amendment

how does our democracy protect the rights of individuals convicted or acquitted of a crime?

the 5th amendment prevents self-incrimination and double jeopardy; the 8th amendment bans cruel and unusual punishment; and the habeas corpus clause allows illegal changes by prisoners; the ex post facto clause doesn't allow you to get in trouble for something done when it was not illegal.

how do the 5th and 6th amendments protect the rights of a defendant in the search for truth?

the 5th protects from self-incrimination, and the 6th protects the right to attorney if needed in federal or state trials with the possibility of jail, speedy and public trial with the ability to confront witnesses, or impartial trial.

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

the 6th amendment

what right regarding trials does the 6th amendment provide defendants in all criminal cases?

the 6th amendment provides a right to a speedy trial and public trial in all criminal cases.

what right does the 6th amendment guarantee defendants in felony criminal cases?

the 6th amendment provides for trial "by an impartial jury of the state and district wherein the crime shall have been committed.

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

the accused might seek a legal remedy

how did the gideon v. wainwright (1963) change the 1938 ruling?

the court extended their right to felony defendants in state courts as well.

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

what right does the 6th amendment provide defendants regarding witnesses?

the right to question a defense witness, the right to call their own witness, and the right for a court to call for witnesses (subpoena)

essay : what rights does an accused person have in our democracy, and why is it important that they have these rights?

the rights of the accused include : right to fair due process, search and seizure protection, protection of rights of self defense and speedy trial, and protection of cruel and unusual punishment. these rights are important because criminal justice process can lead to loss of liberty or loss of life of the accused.

what changed with the u.s. supreme court ruling in 1938?

the u.s. supreme court ruled that federal courts must appoint attorney's for indigent defendants - those without financial means - in all federal felony cases.

t/f a court must provide legal counsel for criminal defendants who cannot afford it.

true

t/f disproportionate incarceration makes some people question whether there is equal justice under the law.

true

t/f the 6th amendment provides for a trial by an impartial jury in the area where a crime was committed.

true

to be used in court, a confession must be ___________________ and trustworthy.

voluntary

school officials do not need ______________ or probable cause to search students of their property, but they do need reasonable suspicion.

warrant

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

warrant