Your Rights: Due Process

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If the government wants to take land to build a highway, the Fifth Amendment says that the affected property owners must be compensated for the land. be imprisoned if they object. defend their land rights in court. surrender the land as part of their patriotic duty.

a

In addition to protection against self-incrimination, the Fifth Amendment ensures that people have double jeopardy and grand jury rights. search and seizure and grand jury rights. Miranda warning and probable cause rights. just compensation and warrant rights.

a

How did the Supreme Court rule in the Miranda decision? Ernesto Miranda was found guilty on all counts. Ernesto Miranda had been denied his rights. Ernesto Miranda could not be tried twice for the same crime. Ernesto Miranda did not have the right to avoid self-incrimination.

b

In Duckworth v. Eagan (1988), the Supreme Court held that the police had been too harshly burdened by the Miranda decision and no longer had to follow it. could create their own Miranda warning if it communicated the same message. did not need to read the Miranda warning if they considered a suspect to be dangerous. could create any warning they chose so long as they got a conviction.

b

In New York v. Quarles (1983), the Supreme Court ruled that Miranda rights do not have to be read if a suspect already has a criminal record. puts public safety at immediate risk. looks as if he or she has just committed a crime. is someone the arresting officer already knows.

b

In the term "due process," the word "process" refers to the way in which prison sentences are handed down. trials are conducted. court decisions are worded. warrants are written.

b

The Fourth Amendment states that a reasonable search and seizure must include a warrant and be based on an indictment. include a warrant and be based on probable cause. be based on probable cause and include due process. be based on probable cause and include a Miranda warning.

b

The exclusionary rule states that if evidence is found during an illegal search, it must be destroyed immediately. cannot be admitted into consideration. can be admitted into court anyway. cannot be admitted into court unless a judge agrees.

b

Which of these statements best describes double jeopardy? A citizen cannot be indicted before being tried for a serious crime. A citizen cannot be forced to testify to a crime. A citizen cannot be forced to testify for more than one day in court. A citizen cannot be tried twice for the same crime.

d

Evidence collected during an illegal search cannot be used in court based on the .

exclusionary rule


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