chapter 4

In following the Eighth Amendment, the Supreme Court has used which of the following tests to determine if an action constitutes cruel and unusual punishment?

determining if a punishment violates "fundamental standards of good conscience and fairness" determining whether a punishment is "disproportionate to the offence" determining if a punishment is "unnecessarily cruel"

In following the Eighth Amendment, the Supreme Court has used which of the following tests to determine if an action constitutes cruel and unusual punishment?

determining whether a punishment is "disproportionate to the offence" determining if a punishment is "unnecessarily cruel" determining if a punishment violates "fundamental standards of good conscience and fairness"

In what year, in the case of District of Columbia v. Heller, did the Supreme Court finally address the issue of how the Second Amendment should be interpreted?

2008

In which case did the Supreme Court rule that the Second Amendment protects an individual's right to possess a firearm unconnected to service in a militia?

District of Columbia v. Heller

What is the question at the heart of the debate over the Second Amendment?

Does the amendment give individuals the right to possess weapons?

In which of these 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 best describes the subject under consideration in Roe v. Wade?

abortion

In its rulings in Riley v. California (2014) and United States v. Wurie (2014), the Supreme Court compared the search of a suspect's cell phone or similar electronic device to

an exhaustive search of a suspect's home.

In Lawrence v. Texas (2003), the Supreme Court ruled that states cannot lawfully

ban sexual relations between consenting same-sex adults.

The cases of Riley v. California (2014) and United States v. Wurie (2014) both dealt with the use of what technology?

cell phones

Based on the exclusionary rule, evidence that is illegally obtained can normally be used in a trial.

false

The case of Carpenter v. United States (2018) dealt with the issue of the warrantless search of a cell phone in order to

identify the locations at which cell phone calls were placed.

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 belief of their choosing.

As a result of changes in sentencing policies, the U.S. prison population, per capita,

is the largest in the world.

In its rulings in Riley v. California (2014) and United States v. Wurie (2014), the Supreme Court acknowledged that

it would impact law enforcement's ability to combat crime.

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

judges

The Supreme Court has recently employed the Eighth Amendment to ban which of the following?

life sentences without parole for juveniles the death penalty for the mentally ill the death penalty for juveniles

Which of the following states that evidence is admissible when it is immediately visible in the course of stopping a person for another infraction?

plain view exception

The Fifth and Fourteenth Amendments

provide that no person can be deprived of life, liberty, or property without due process of law.

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

The process by which the Supreme Court makes certain parts of the Bill of Rights applicable through the Fourteenth Amendment to actions by state governments is known as _____________________ incorporation.

selective

In a 2010 CNN survey, 2 in 5 Americans stated that individuals arrested by police on suspicion of terrorism

should not be read their Miranda rights.

The right to legal counsel is a ______ Amendment protection.

sixth

n a case involving protester Gregory Johnson, the Supreme Court ruled that burning the American flag was protected specifically as ______ speech.

symbolic

Today, most of the guarantees in the Bill of Rights are protected from action by which of the following?

the federal and state governments

In Brandenburg v. Ohio the Supreme Court developed which of the following tests that expanded protections for Americans to voice political opinions?

the imminent lawless action test

The Second Amendment of the U.S. Constitution protects

the right of the people to keep and bear arms.

1) establishment clause 2) free-exercise clause

1) requires government neutrality toward religious institutions 2) prohibits the government from interfering with individuals' practice of their religion

In which decade did the election of "tough on crime" candidates lead to state legislatures enacting stiffer penalties for crime while also limiting judges' abilities to reduce sentences for nonviolent crimes of first-time offenders?

1990s

What has the Supreme Court ruled concerning police use of modern technology, such as listening or thermal-imaging devices, to investigate a subject?

A search warrant is required, just as it would be for other circumstances.

England's ______ gave members of Protestant sects the right to worship freely and publicly. The first Amendment reflects this tradition.

Act of Toleration

In which 2014 case did the Supreme Court rule that companies that are "closely held" (only a few owners) are not required to provide their employees with birth control if they object on religious grounds?

Burwell v. Hobby Lobby

Match the Supreme Court case with the freedom incorporated into the states.

Fiske v. Kansas - freedom of speech Near v. Minnesota - freedom of press Hamilton v. Regents, U of C - freedom of religion DeJonge v. Oregon - freedom of assembly and petition

Which of the following statements is true regarding freedom of the press?

Freedom of the press receives strong judicial protection.

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 Supreme Court determined that privacy rights extend to consensual activity between same-sex partners in

Lawrence v. Texas.

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 cases was also known as the "Pentagon Papers" case?

New York Times Co. v. United States

The Supreme Court decision that determined that the right to privacy extended to include abortion is

Roe v. Wade.

The constitutional right to bear arms is found in which of the following amendments?

Second Amendment

The Supreme Court decision in Schenck v. United States established which principle?

The federal government can restrict free expression but it does not have unlimited authority to do so.

Where is the Bill of Rights located in the U.S. Constitution?

The first ten amendments to the Constitution make up the Bill of Rights.

What unique circumstance existed at the time of the Korematsu v. United States decision?

The nation was at war.

The law passed by Congress, soon after the 9/11 attacks, that allows the FBI and other intelligence agencies to access personal information and records without consent from targeted individuals is known as the

USA Patriot Act.

The importance of listing individual rights in the Constitution is that it gives individuals who feel that their rights have been violated

a basis for taking the alleged violation into a court of law for a ruling by a judge.

The inevitable discovery exception

allows admission of tainted evidence in certain cases. was developed in the case of Nix v. Williams (1984). states that exclusion of physical evidence that would have been found anyway has no effect on the fairness of a trial.

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

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

due process protections.

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

expression

True or false: The right to appeal after conviction is guaranteed in the Constitution.

false

The Bill of Rights initially applied to which level or levels of government?

federal only

Which amendment to the United States Constitution protects individuals from testifying against themselves in a court of law?

fifth

Which amendment to the United States Constitution protects citizens from unreasonable searches and seizures?

fourth

The Bill of Rights protects some civil liberties, including freedom

of the press. of assembly. of speech.

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

one appeal.

Free speech is usually protected in the United States unless it

presents a clear and present danger to others. leads to imminent and lawless action. involves false commercial advertising claims.

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

prior

The right of an individual to be left alone without any interference from others is known as the right to

privacy.

In Gitlow v. New York, the Supreme Court ruled that the Bill of Rights

protects individuals from actions by state governments as well as the federal government.

According to the establishment clause, the government is required to

remain neutral toward all religions.

The plain view exception

says evidence found in plain sight is admissible even if a suspect was stopped for another infraction.

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

state

The Supreme Court has ruled that the right of free assembly

takes precedence over the possibility that the exercise of the right might have undesirable consequences.

Which of the following amendments contribute to ensuring criminal due process?

the Fifth Amendment the Fourth Amendment the Sixth Amendment the Eighth Amendment

In the process of selective incorporation, which is the amendment that the Supreme Court relies on to apply most, but not all, of the provisions of the Bill of Rights to actions by the state governments?

the Fourteenth Amendment

What was the name of the 1798 law that criminalized any speech or writings critical of the government, Congress, or the president?

the Sedition Act

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

the right to remain silent the right to an attorney

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 because

the teachers could use classroom time to teach religious subjects.

Griswold v. Connecticut is the landmark case that established the right to privacy. The case involved the question of whether a state can prohibit

the use of contraceptives by a married couple.

The USA Patriot Act was passed

to combat terrorism.

The Supreme Court consistently ruled that the George W. Bush administration's practice of denying constitutional and legal protections to enemy combatants was

under the jurisdiction of the United States courts.

In Planned Parenthood v. Casey, the Supreme Court ruled that restrictions on abortion were legal so long as they didn't place an ______ ____ on a woman's right to obtain an abortion.

undue burden

n 1993, a Wisconsin law that allowed lengthier sentences for hate crimes was challenged as a violation of the First Amendment. How did the Court rule?

It upheld the law because it was not aimed at free speech but at actions that were not protected by the First Amendment

In 1993, a Wisconsin law that allowed lengthier sentences for hate crimes was challenged as a violation of the First Amendment. How did the Court rule?

It upheld the law because it was not aimed at free speech but at actions that were not protected by the First Amendment.

The Supreme Court upheld the forced relocation of tens of thousands of Japanese Americans during World War II in which of the following cases?

Korematsu v. United States

The exclusionary rule is based on the Supreme Court decision in

Weeks v. United States (1914).

In which 2002 case did the Supreme Court rule that tax-supported school vouchers used to send children to private and religious schools were not a violation of the establishment clause?

Zelman v. Simmons-Harris

Freedom of expression

allows individual Americans to communicate thoughts of their choosing. does not cover obscene forms of sexual expression. does not cover some forms of commercial speech, such as advertising.

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

false

In United States v. Leon, the Supreme Court ruled that, despite the exclusionary rule, that evidence discovered under a faulty warrant was admissible because police had acted

in good faith.

True or false: The Supreme Court ruled that school administrators have discretion in searching student lockers for drugs and weapons, as they are responsible for student safety.

true

In Hamden v. Rumsfeld, the Supreme Court ruled that the use of secret military tribunals to try detainees accused of terrorism was ______, as detainees were entitled to a trial affording all the guarantees contained in the Constitution.

unconstitutional

Which of the following statements about slander and libel is true?

Neither libel nor slander is protected by the First Amendment.

Which of the following statements are true concerning the right of assembly?

Public officials can regulate the time and place of assemblies. Individuals cannot hold an assembly at a busy intersection during rush hour. Regulations of public assemblies must be applied fairly to all groups.

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

From the late 1950s to 2010, how many Americans have been convicted solely for criticizing the government's war policies?

0

How did Congress react when the former Confederate states (except Tennessee) refused to ratify the Fourteenth Amendment?

It placed the states under military rule until they agreed to do so.

Concerning symbolic speech, the Supreme Court has generally held that government regulation of the ______ of a message is unconstitutional. (This was illustrated by a Texas flag-burning case; the state of Texas actually burns old flags to dispose of them.)

content

True or false: According to the Supreme Court, police can search a person's home merely on the basis of a hunch that the owner might be breaking the law.

false

Some critics argue that which of the following have weakened the exclusionary rule almost to the point that it applies only to extreme forms of police misconduct?

good faith exception inevitable discovery exception plain view exception

The barrier to restrict speech established in Brandenburg v. Ohio is best described as

imposing

Which of the following allows the admission into trial of otherwise excludable evidence if the evidence was obtained by police who thought they were following proper procedure?

the good faith exception

In the 1963 Gideon case, the Supreme Court established that

the government must provide lawyers to individuals who cannot afford their own attorney.

The establishment clause of the Constitution restricts which of the following?

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

Regarding freedom of the press, the Supreme Court has generally upheld the principle of no prior restraint. This principle means that

government generally cannot stop the news media from reporting a story.

Why was the National Security Agency's wiretapping of phone 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.