Government Ch. 20 Study Guide

Which of the following requires a warrant? a. The installation of a wiretap b. Mandatory drug-testing of student athletes c. Search of a vehicle if there is probable cause to believe a crime has been committed d. Seizure of evidence that is in plain view

.The installation of a wiretap

The right to privacy inherent in the concept of due process has been applied with the most controversy recently in cases involving: a. Abortion b. Searches and seizures c. Bearing arms d. School attendance

Abortion

The long series of Court rulings on the rights of the accused have established that: a. Every accused person is presumed innocent until proven guilty b. If police do not follow the letter of the law, their conduct may result in a guilty person going free c. Society is best protected when the rights of the accused are protected d. All of the above

All of the above

In the chart, what label would appear in the box marked W? a. Right to appeal b. Verdict of jury c. No third degree or coerced confession d. Arrest on warrant or probable cause

Arrest on warrant or probable cause

The defendant had a(n) ______ with only a judge deciding the case.

Bench trial

Neither Congress nor the States can pass a(n) _____ that inflicts punishment without a court trial.

Bill of Attainder

In the guidelines established by the Court in Roe v. Wade, which of the following are considered: a. The rights of the mother b. The rights of the unborn child c. Both a and b d. Neither a nor b

Both a and b

The moratorium placed on the death penalty in Illinois by Governor George Ryan was of particular note because: a. Two of every three Americans support the death penalty b. Governor Ryan had been a "longtime supporter of capital punishment: c. Furman v. Georgia had already struck down the Illinois law d. Both a and c

Both a and c

The guarantees of due process place the burden for meeting these guarantees on: a. Lawmakers b. Those who execute the laws c. Both lawmakers and those who execute the laws d. The police

Both lawmakers and those who execute the laws

Current polls indicate that two of every three Americans support ______ for those convicted of murder.

Capital Punishment

The 6th Amendment right to a public trial is meant to safeguard the rights of the: a. Public b. Media c. Defendant d. Party filing

Defendant

Which of the following was declared by the Supreme Court to be "cruel and unusual punishment"? a. Denying inmates needed medical treatment b. Use of the electric chair as a form of execution c. Placing two inmates in a cell built for one d. Use of the firing squad as a form of execution

Denying inmates needed medical treatment

The main purpose of the exclusionary rule is to: a. Deter police misconduct b. Prevent people who are clearly guilty from going free c. Allow certain kinds of "tainted" evidence to be used in court d. Allow for honest mistakes by police officers

Deter police misconduct

The prohibition of ______ prevents a person from being tried twice for the same crime.

Double jeopardy

Under the 2nd Amendment, a. There is no limitation on the free flow of guns within the United States b. The States cannot limit a person's right to own a gun c. Each State has the right to have a militia d. No citizen may own a gun

Each State has the right to have a militia

The _______ says that evidence gained as a result of an illegal act by police cannot be used against the person from who it was seized.

Exclusionary rule

In Furman v. Georgia, 1972, the Court ruled that: a. The death penalty is "cruel and unusual punishment" b. Existing death penalty laws were unconstitutional because they gave too much discretion to judges and juries c. Putting two prisoners in a cell built for one is considered cruel and unusual punishment d. States can impose the death penalty for the sale of narcotics

Existing death penalty laws were unconstitutional because they gave too much discretion to judges and juries

When arresting a person, police must: a. Always have a warrant in order to search for a weapon b. Refrain from searching for destructible evidence c. Have probable cause to believe the person is involved in criminal activity d. Seize the person in a public place

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

A(n) ______ is a formal complaint that the prosecutor lays before a grand jury.

Indictment

The central issue in the conflict between the police power and individual rights is whether: a. Individual rights under the 14th Amendment are violated when a State exercises its police power b. The police power is constitutional c. An individual can exercise the police power d. The States or the Federal Government should exercise the police power

Individual rights under the 14th Amendment are violated when a State exercises its police power

According to the Supreme Court, capital punishment: a. Is most fairly applied through use of a two-stage trial b. Is cruel and unusual punishment c. Is unconstitutional d. Can be a mandatory penalty for certain crimes

Is most fairly applied through use of a two-stage trial

Which of the following statements about the 4th Amendment is TRUE? a. It applies only to the States b. It prohibits all arrests made without a warrant c. It has been of little importance in our history d. It forbids unreasonable search and seizures

It forbids unreasonable search and seizures

To have a fair trial, a person is guaranteed all of the following EXCEPT: a. Trial within a reasonable time b. Trial by a jury c. Adequate defense d. Media coverage if demanded

Media coverage if demanded

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

Miranda Rule

Which label should appear in the box marked X? a. Right to appeal b. No third degree or coerced confession c. Verdict of jury d. No excessive bail

No third degree or coerced confession

The right to keep and bear arms set out in the 2nd Amendment applies: a. Only to the States b. To both the States and the Federal Government c. Only to the Federal Government

Only to the Federal Government

The fifth box lists two ways the accused can be informed of charges. What is the third way? a. Presentment b. Writ of Habeas Corpus c. Supreme Court ruling d. Bill of Attainder

Presentment

The 4th Amendment is particularly aimed at: a. Preventing the use of exclusionary rule b. "Movable scenes of crimes: such as automobiles or boats c. Preventing the police from abusing their power d. Protecting an individual's right to keep and bear arms

Preventing the police from abusing their power

For an arrest to be lawful, police must have either a warrant or: a. A Bill of Attainder b. Probable Cause c. A writ of Habeas Corpus d. A Grand Jury Indictment

Probable Cause

In order to obtain a warrant, police must have ______.

Probable Cause

The most important difference between procedural and substantive due process is that: a. Substantive due process was recognized first by the Supreme Court b. Procedural due process deals with governmental methods and how they are used, whereas substantive due process deals with the fairness of laws c. The Supreme Court can rule on cases involving procedural due process but that States rule on cases of substantive due process d. Only procedural due process is covered under the 14th Amendment Due Process Clause

Procedural due process deals with governmental methods and how they are used, whereas substantive due process deals with the fairness of laws

The States' police power is defined as the right to: a. Protect public health, safety, morals, and the general welfare b. Punish those who commit crimes against the citizenry c. Keep a militia and an armed law enforcement agency d. Allows its citizenry to keep and bear arms

Protect public health, safety, morals, and the general welfare

A grand jury: a. Decides the guilt or innocence of those accused of crimes b. Conducts its proceedings in public c. Returns a true bill of indictment when it finds enough evidence to warrant a trial d. Plays a role in a federal and most State criminal cases today

Returns a true bill of indictment when it finds enough evidence to warrant a trial

Which label should appear in the box marked Z? a. Right to appeal b. Verdict of jury c. No third degree or coerced confessions d. Arrest on warrant or probable cause

Right to appeal

The 13th Amendment forbids: a. Any form of military service b. Slavery and most forms of involuntary servitude c. The draft d. All of the above

Slavery and most forms of involuntary servitude

Because the Supreme Court has never found the 2nd Amendment to be within the meaning of the 14th Amendment's Due Process Clause: a. Citizens are free to keep arms in their home without government restrictions b. States can limit the right to keep and bear arms c. Citizens are strictly forbidden to keep guns in their homes d. States may not keep militias

States can limit the right to keep and bear arms

The Supreme Court cases Jones v. Mayer (1968) and Runyon v. McCrary (1976) have: a. Avoided dealing with the problem of discrimination by individuals against minorities b. Strengthened the 13th Amendment by upholding the right of Congress to outlaw discrimination c. Weakened the 13th Amendment by denying Congress the right to outlaw discrimination d. Said that charges of on-the-job discrimination should be handled according to the discretion of the individual States

Strengthened the 13th Amendment by upholding the right of Congress to outlaw discrimination

The main reason that there is no exact definition of the due process guarantees is that the: a. Constitution is too specific b. Guarantees protect citizens against unfair processes, but not unfair law. c. Supreme Court only defines the guarantees on a case-by-case basis d. Courts do not want to give away too much specific information to potential lawbreakers

Supreme Court only defines the guarantees on a case-by-case basis.

The inclusion of two due process clauses in the Constitution reflects the fact that: a. Due process has two quite different meanings b. The Constitution is written poorly in regards to due process c. Due process is very easy to define d. The Bill of Rights is for the National Government, and the 14th Amendment is for the States and their local governments

The Bill of Rights is for the National Government, and the 14th Amendment is for the States and their local governments

One thing the Civil War proved was that: a. The Federal Government had to take control of prohibiting slavery, rather than leave that decision to the States b. Thereafter, the draft would have to be considered "involuntary servitude" c. A distinction would have to made between slavery and involuntary servitude d. Racial discrimination led to slavery

The Federal Government had to take control of prohibiting slavery, rather than leave that decision to the States

The main reason the Constitution dealt specifically with the crime of treason was that: a. Treason was not considered a serious crime before the Constitution was written b. Treason is a crime against the country, not against individuals c. The Framers knew the charge of treason can be used for political reasons d. The Framers wanted to prevent all treason in order to protect the democracy

The Framers knew the charge of treason can be used for political reasons

The writ of Habeas Corpus is intended to prevent: a. A prisoner from being tried for the same crime twice b. The accused from being brought before a judge c. The accused from being unjustly arrested and imprisoned without cause d. Defendants from being denied a lawyer

The accused from being unjustly arrested and imprisoned without cause

The issue that tips the scales away from bail and toward preventive detention is whether: a. The defendant is likely to commit a crime before trial b. A person is presumed innocent until proven guilty c. A defendant needs to prepare for his or her trial d. All of the above

The defendant is likely to commit a crime before trial

Who is present at the 4th step? a. The jury b. The prosecution c. The defense d. Both the prosecution and the defense

The prosecution

The writ of Habeas Corpus can be suspended during the war because in that case: a. Court officers will be unavailable to appear in court b. The entire Constitution has been suspended c. The President assumes the powers of all three branches of government d. The public good outweighs individual civil liberties

The public good outweighs individual civil liberties

The only crime that is specifically denied in the Constitution is: a. Espionage b. Sabotage c. Forceful government overthrow d. Treason

Treason

None of the following involve double jeopardy EXCEPT: a. Trying a person for the same cram in both the federal and the State courts b. Trying a person for more than one crime committed during a single act c. Trying a case a second time in a higher court when the verdict has been appealed d. Trying a person for the same crime when a jury has already declared that person innocent

Trying a person for the same crime when a jury has already declared that person innocent

The 6th Amendment's guarantee of a speedy and public trial is aimed of: a. Deterring potential criminals by fear of swift and certain punishment b. Trying those accused of crimes without undue delay and avoiding secret trials c. Eliminating overcrowded dockets in the nation's criminal courts d. Preventing jurors from being unduly influenced by public opinions

Trying those accused of crimes without undue delay and avoiding secret trials

The guarantee against double jeopardy protects a person from being tried: a. For more than one crime committed at any one time b. Twice for the same crime c. For a crime the person did not commit d. For a federal crime in a State court

Twice for the same crime

Which label should appear in the box marked Y? a. Right to appeal b. Verdict of jury c. No third degree or coerced confession d. Arrest on warrant or probable cause

Verdict of jury

The idea that the 13th Amendment applies to the actions of government and of private individuals: a. Was clear since the amendment was ratified in 1865 b. Was not thought to be the case until more than 100 years after the amendment was ratified c. Has been struck down by the Supreme Court in a series of cases dating from the early 1900s d. Was not clarified until after the passage of teh 14th Amendment

Was not thought to be the case until more than 100 years after the amendment was ratified

A(n) _____, requires the police to bring a prisoner before the court and explain why he or she should not be released: a. Writ of Habeas Corpus b. Bill of Attainder c. Ex Post Facto Law d. Indictment

Writ of Habeas Corpus