POSI Ch 4 Civil Liberties

First Amendment

5 freedoms: speech, press, religion, assembly, petition

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

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

4th

The right to legal counsel is a ______ Amendment protection.

6th amendment

Free Exercise Clause

A First Amendment provision that prohibits the government from interfering with the practice of religion.

Fifth Amendment

A constitutional amendment designed to protect the rights of persons accused of crimes, including protection against double jeopardy, self-incrimination, and punishment without due process of law.

imminent lawless action

A legal test that says government cannot lawfully suppress advocacy that promotes lawless action unless such advocacy is aimed at producing, and is likely to produce, imminent lawless action.

right of privacy

A right implied by the freedoms in the Bill of Rights that grants individuals a degree of personal privacy upon which government cannot lawfully intrude. The right gives individuals a level of free choice in areas such as reproduction and intimate relations. -implied by the freedoms of the bill of rights

miranda warning

A series of statements informing criminal suspects, on their arrest, of their constitutional rights, such as the right to remain silent and the right to counsel: required by Supreme Court's 1966 decision in Miranda v. Arizona

clear-and-present-danger test

A test devised by the Supreme Court in 1919 to define the limits of free speech in the context of national security. According to the test, government cannot abridge political expression unless it presents a clear and present danger to the nation's security.

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

Act of Toleration

symbolic speech

Action (for example, the waving or burning of a flag) for the purpose of expressing a political opinion.

freedom of expression

Americans' freedom to communicate their views, the foundation of which is the First Amendment rights of freedom of conscience, speech, press, assembly, and petition.

good faith exception

An exception to the Supreme Court exclusionary rule, holding that evidence seized on the basis of a mistakenly issued search warrant can be introduced at trial if the mistake was made in good faith, that is, if all the parties involved had reason at the time to believe that the warrant was proper.

5th Amendment

Choice, protection against self-incrimination and double jeopardy protection against self-incrimination and double jeopardy

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

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

False

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

Fifth

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

Freedom of the press receives strong judicial protection.

prior restraint

Government prohibition of speech or publication before the fact, which is presumed by the courts to be unconstitutional unless the justification for it is overwhelming.

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

Which of the following cases established that law enforcement officers must advise detainees of their rights, including the right to remain silent and the right to an attorney, before beginning questioning in a criminal investigation?

Miranda v. Arizona

Which of the following Supreme Court cases was also known as the "Pentagon Papers" case?

New York Times Co. v. United States

Eigth Amendment

No cruel and unusual punishment

Fourth Amendment

Protects against unreasonable search and seizure

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

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

Second Amendment

Right to bear arms "A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms shall not be infringed."

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

What was challenged by Lawrence v. Texas (2003)?

Texas's sodomy laws

In Schenck v. United States (1919), Justice Holmes used which analogy in upholding the government's right to restrict speech that poses a clear and present danger?

The First Amendment does not permit a person to falsely yell "Fire" in a crowded theater.

establishment clause

The First Amendment provision stating that government may not favor one religion over another or favor religion over no religion and prohibiting Congress from passing laws respecting the establishment of religion.

due process clause

The clause of the Constitution (included in the Fourteenth Amendment) that has been used by the judiciary to apply Bill of Rights protections to the actions of state governments.

procedural due process

The constitutional requirement that government must follow proper legal procedures before a person can be legitimately punished for an alleged offense.

selective incorporation

The process by which certain of the rights (for example, freedom of speech) contained in the Bill of Rights become applicable through the Fourteenth Amendment to actions by the state governments.

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.

Bill of Rights

The first 10 amendments to the Constitution. They include rights such as freedom of speech and religion and due process protections (for example, the right to a jury trial) for persons accused of crimes.

Civil Liberties

The fundamental individual rights of a free society, such as freedom of speech and the right to a jury trial, which in the United States are protected by the Bill of Rights.

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

The nation was at war.

What is the purpose of the Fifth and Fourteenth Amendments?

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

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

ban sexual relations between consenting same-sex adults

Constitutional guarantees that protect citizens from arbitrary government action are known as ______.

civil liberties

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 test

The USA Patriot Act was passed in order to ______.

combat terrorism

The Eighth Amendment protects people convicted of crimes from ______.

cruel and unusual punishment

Which of the following is likely to convince a judge that police should be issued a search warrant?

establishing probable cause for believing a crime has been committed

In Engle v. Vitale (1962), the Supreme Court ruled against the reciting of prayers in public schools on grounds it violates the ______.

establishment clause

The ______ clause of the First Amendment bans the state from helping religious institutions, whereas the ______ clause bans the state from restricting the free practice of religion by individuals.

establishment; free-exercise

discovery exception

even if incriminating evidence is wrongly obtained, it can be used if it would have inevitably been discovered by lawful means

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

expression

The First Amendment clause barring the government from passing any laws that prohibit an individual's practice of his or her religion is known as the ______ clause.

free-exercise

The First Amendment protection that makes it illegal for the government to enact laws that restrict the free practice of religion by any individual is known as the ______.

free-exercise clause

plain view exception

holds that evidence found in plain sight is admissible even when the evidence relates to an infraction other than the one for which the individual was stopped

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

is the largest in the world

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

judges

Constitutional guarantees that protect citizens' individual rights are known as civil

liberties

The Sedition Act of 1798 attempted to ______.

make it a crime to publish stories that are harshly critical of the president

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

8th Amendment

protection against cruel and unusual punishment

4th Amendment

protection against unreasonable search and seizure

The Bill of Rights protects civil liberties related to criminal procedure, including which of the following?

protection from self-incrimination the right to an attorney protection from unreasonable searches the right to a jury trial

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

According to the establishment clause, the government is required to ______.

remain neutral toward all religions

6th Amendment

right to a jury trial, an attorney, and to confront witnesses

2nd Amendment

right to bear arms

1st Amendment

right to speech, press, assembly and religion

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 Supreme Court has ruled that the right of free assembly ______.

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

In Hamdan v. Rumsfeld (2006), the Supreme Court ruled that enemy combatant detainees were protected by which of the following?

the U.S. Uniform Code of Military Justice the Geneva Convention

Which of the following acts of legislation after the September 11 terrorist attacks gave government greater surveillance power to monitor phone calls and emails without a warrant or court order?

the USA Patriot Act

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

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

What are the religious clauses in the First Amendment?

the free-exercise clause the establishment clause

The 1977 Supreme Court case that provided guidance on the allowable restrictions on freedom of speech and freedom of assembly upheld which of the following?

the right of an American Nazi Party group to hold a parade in Skokie, a city with a large Jewish population that included Holocaust survivors

The Second Amendment protects and supports which of the following?

the right to keep and bear arms a well-regulated militia

Griswold v. Connecticut was a case dealing with ______.

the right to privacy

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

Which of the following is a right of the accused that is protected by the Fifth Amendment?

to have a grand jury weigh the prosecution's evidence

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

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