Due Process and the Rights of the Accused

The "public safety" exception to the Miranda rule can best be defined as which of the following?

It allows the police to perform unwarned interrogation to stand as direct evidence in court if the information will help protect the public (Under the Miranda rule, law enforcement officers are required to inform a person of their Fifth and Sixth Amendment rights before any interrogation. The "public safety" exception says that officers can interrogate a suspect without informing them of their rights if they have information that's a threat to the public.)

Which of the following is an accurate comparison of the two court cases? Gideon v. Wainwright (1963) and McDonald v. Chicago (2010) a) Incorporated a right to legal counsel in capital cases and Incorporated a protection from cruel and unusual punishment to the states b) Decided that the state had to provide legal counsel for the poor or indigent and Decided that the state could not restrict people from owning a gun for self-defense c) Ruled that state laws were supreme to national laws and Ruled that states could not infringe on an individual's right to own a gun d) Declared that the state had violated the Sixth Amendment and Declared that the state had violated the Fifth Amendment

b) Decided that the state had to provide legal counsel for the poor or indigent and Decided that the state could not restrict people from owning a gun for self-defense (Gideon v. Wainwright (1963) decided that states had to provide legal counsel for the poor or indigent. However, in McDonald v. Chicago (2010), the Court ruled that the state could not infringe on a person's right to own a gun for self-defense.)

Which of the following is an accurate comparison of the two court cases? Gideon v. Wainwright (1963) and McDonald v. Chicago (2010) a) Incorporated a right to legal counsel in capital cases and Incorporated a right to privacy to the states b) Decided that the state had to provide legal counsel for the poor or indigent and Decided that using execution by firing squad was cruel and unusual punishment c) Ruled that national laws are supreme to state laws and Ruled that state laws are supreme to national laws d) Declared that the state had violated the Sixth Amendment and Declared that the state had violated the Second Amendment

d) Declared that the state had violated the Sixth Amendment and Declared that the state had violated the Second Amendment (Gideon v. Wainwright (1963) incorporated the Sixth Amendment right to legal counsel to the states. McDonald v. Chicago (2010) did the same for the Second Amendment right to own a gun.)

Based on previous rulings, the Supreme Court is most likely to view a case concerning which of the following as a violation of the Sixth Amendment?

A Court refuses to provide a defendant a lawyer even though she cannot afford one (The Sixth Amendment states that people have the right to legal counsel. After Gideon v. Wainwright (1963), state and local courts are required to provide legal counsel for the poor and indigent.)

Which of the following scenarios would most likely be considered a violation of the Fifth Amendment?

A suspect is not informed that anything he says while under arrest can be used in his trial against him (The Fifth Amendment protects people from incriminating themselves. Under the Miranda rule, suspects must be informed of their Fifth Amendment rights after they are arrested.)

Which of the following scenarios is an example of how a state may constitutionally limit free speech at a protest demonstration?

Antoni starts yelling for other protestors to light buildings on fire and the police arrest him (Enticing people to damage property and endanger people's lives is an example of when the state can restrict free speech.)

The exclusionary rule can best be described as which of the following?

Evidence obtained without a search warrant is subject to being excluded from use at a trial to convict someone (The exclusionary rule protects defendants from abuses of police power by requiring courts to disregard evidence that was found illegally.)

Which statement accurately summarizes the impact of the Gideon v. Wainwright (1963) decision?

It incorporated the right to legal counsel, as protected under the Sixth Amendment, to state and local governments (In Gideon v. Wainwright (1963), the Court ruled that state and local courts had to provide legal counsel to the poor and indigent. One provision of the Sixth Amendment is the right to legal counsel.)

A suspected terrorist has chosen to remain silent after being arrested, yet the police continue to question him on potential locations of a bomb without informing him of his rights. This scenario is an example of which of the following?

The "public safety" exception (The "public safety" exception to the Miranda rule allows police to perform unwarned interrogation and have the findings stand as direct evidence in court, provided the information relates to public safety.)

In 1961, the Supreme Court heard a case in which the police entered into a residence without a warrant looking for a suspect thought to be hiding in the house. While searching for the suspect, the police found illegal pornographic material. The police arrested the homeowner and she was convicted of possessing pornography. The Court decided to throw out the conviction because the police did not have a search warrant. This case is an example of which of the following?

The exclusionary rule (The exclusionary rule states that any evidence found before a warrant is issued cannot be used to convict someone.)

"National security and privacy are not mutually exclusive. They can both be accomplished through responsible intelligence gathering and careful respect for the freedoms of law-abiding Americans." A quote from Senator James Lankford of Oklahoma in response to the passage of the USA Freedom Act, 2015 Based on the text, which of the following statements would Senator Lankford most likely agree with?

The prohibition of unreasonable searches and seizures are intended to ensure that citizen liberties are not superseded by the need for social order and security (Senator Lankford is arguing that the government cannot infringe on people's Fourth Amendment rights for the sake of national security.)