Due Process

The states are prohibited from depriving persons of life, liberty, or property, without due process of law, by the

14th amendment

The Constitutional guarantee that the national government will not unfairly deprive a person of "...life, liberty, or property without due process...." Is stated in the

5th amendment

The reading of your Miranda Rights provides for the support of the

5th amendment

To have a fair trial, a person is guaranteed all of the following except

A trial broadcast by the media

In Miranda v Arizona, the Supreme Court ruled that before they may be questioned by police, criminal suspects must be informed of all of the following except

Advised they have the right to the presence of an attorney only after the police have had the opportunity to question them

Is a monetary guarantee that the accused will appear for scheduled court date.

Bail

The prohibition in the Constitution against a person being, ".....twice put in jeopardy of life or limb......" means that a person may not

Be tried twice for the same crime

In this case, the Court ruled that employees in charge of corporate records could be forced to turn over evidence even if it might be incriminating.

Braswell v US

won the right to a lawyer through his appeal to the Supreme Court

Clarence Earl Gideon

Another term for an attorney

Counsel

An argument in favor of the exclusionary rule is that it

Discourages law enforcement officers from violating an individual's constitutional rights

The prohibition on this prevents a person from being tried twice for the same offense.

Double jeopardy

This principle means a person may not be tried twice for the same crime.

Double jeopardy

This requires government to follow fair and established rules and procedures in order to limit a person's rights

Due process

This forbids cruel and unusual punishment

Eighth Amendment

This rule holds that illegally obtained evidence cannot be used in a federal court.

Exclusionary rule

This states that evidence gained by an illegal act cannot be used in court against a person.

Exclusionary rule

"Reasonable doubt" and "probable cause" are both clearly defined in the Bill of Rights.

False

A criminal's double jeopardy protection is violated if they are put on trial by the state of Illinois after being found guilty by the federal government.

False

A person is "guilty" in the eyes of the law once police has arrested them.

False

Police officers may threaten you in order to get your consent to conduct a search.

False

The Supreme Court has ruled that all accused persons are always entitled to bail.

False

The current constitutionality of the death penalty is supported by language in the 5th and 8th amendments of the Constitution.

False

The exclusionary rule has always been a part of the Constitution.

False

To guarantee the fairness of a trial, it will always be held in the district or state where the crime was committed.

False

"unreasonable search and seizure"

Fourth Amendment

In the Supreme Court ruled that capital punishment was not constitutional because it was being imposed arbitrarily for a wide variety of crimes and mainly on African Americans and poor people.

Furman v Georgia

In this case, the Court ruled mandatory death penalties unconstitutional.

Furman v Georgia

An accused individual is indicted by a ___ prior to the start of a bench trial.

Grand jury

In this case, the Court ruled that under adequate guidelines the death penalty does not constitute cruel and unusual punishment.

Gregg v Georgia

A primary purpose of requiring an accused person to submit to bail is to

Guarantee the persons will return for the trial

When arresting a person, police must

Have probable cause to believe the person is involved in criminal activity

Which of the following statements about the 4th amendment is true

It forbids unreasonable searches and seizures

Which of the following statements regarding the warrant requirement is incorrect?

It must be approved by the suspect's attorney

Felony

Major crime

This begins with these words: "You have the right to remain silent."

Miranda rule

In this case, the Supreme Court ruled that the 5th Amendment protection against self-incrimination requires that suspects be clearly informed of their rights before police question them.

Miranda v Arizona

Police are required to inform people they arrest of their constitutional rights. This is a result of

Miranda v Arizona

This is given by the court allowed police to look for the evidence.

Search warrant

Being coerced to be "witness against oneself"

Self-incrimination

To be informed of the right to counsel and to remain silent is the constitutional protection against

Self-incrimination of forced confession

To conduct wiretapping, eavesdropping, and electronic surveillances, you need

a warrant

The crucial phrase of the 14th amendment that allows federal judges to review the criminal procedures in states is

due process of law

With evidence to suggest criminal acts, the officer obtained a warrant based on this.

probable cause

In Gregg v Georgia, the Court ruled that under adequate guidelines this is acceptable.

the death penalty

At the time of an arrest, the police may legally search all of the following except

things in other rooms of the house

In a criminal trial, the burden of proof is on

The prosecution

What constitutional protection is available against unreasonable search and seizure?

The right to searches only by warrant or probable cause

Which of the following constitutional protections is NOT granted to a person accused of a crime?

The right to the best defense

In the case of Gideon v Wainwright, the Supreme Court ruled that

The state must appoint an attorney to represent any defendant who cannot afford to hire one

The Supreme Court's decision in Miranda v Arizona and Gideon v Wainwrightwere important because

They expanded the rights of those suspected and accused of committing a crime

A person accused of a crime has all of the following rights except

They may refuse to appear in court if they feel they are innocent

A confession or other incriminating statements an accused person makes when he or she is denied access to a lawyer may not be used in trial.

True

Double Jeopardy means a person may not be tried twice for the same crime, thus protecting people from continual harassment.

True

Due process rights are violated when the government unfairly enforces a law.

True

If a suspect is caught in possession of criminal evidence they are still considered innocent until proven guilty.

True

Protection against self-incrimination rests on a basic legal principle: the government bears the burden of proof.

True

The 5th amendment says that no one 'shall be compelled in any criminal case to be a witness against himself'.

True

The 8th amendment forbids "cruel and unusual punishment," the only constitutional provision specifically limiting penalties in criminal cases

True

In most circumstances, police do not need to get a warrant to seize criminal evidence

When they have probable cause