Deck 11: Confessions and Admissions: Miranda V Arizona

Question 1

In Burns v. Reed, involving a civil rights action brought against a state prosecutor for a misleading presentation to a judge to obtain a warrant, the Supreme Court held:

A) that a prosecutor is not afforded absolute immunity for their role in any probable cause hearing.
B) a prosecutor is not afforded absolute immunity for the prosecutorial function of giving legal advice to the police.
C) a prosecutor is not afforded absolute immunity for their role as advocate for the state.
D) a prosecutor is afforded absolute immunity for their role as administrator or investigative officer.

Answer 1

B

Question 2

The most common mechanism for holding police accountable for their misconduct is:

A) a tort lawsuit.
B) a section 1983 lawsuit.
C) a letter of complaint.
D) administrative review and discipline.

Answer 2

D

Question 3

The U.S. Supreme Court has put which of the following limitations on 1983 actions?

A) They can only be brought for negligent acts.
B) They can only be brought against government bodies.
C) They can only be brought against senior government administrators.
D) They can only be brought for deliberate acts.

Answer 3

D

Question 4

Which of the following is not a stage of internal review?

A) investigation
B) arbitration
C) deliberation
D) disposition

Question 5

According to the Supreme Court in Anderson v. Creighton, involving a lawsuit for damages stemming from the FBI's warrantless search of a house, police officers are entitled to qualified immunity for their illegal acts:

A) never.
B) when they acted in subjective good faith.
C) when they can establish that a reasonable officer could have believed that the search did not violate the Fourth Amendment, even though it actually did.
D) even if they violate a clearly established right.

Question 6

Bivens actions are:

A) constitutional tort actions against federal officers.
B) prohibited against officials who act under color of authority.
C) do not have to show unreasonable legal action by the defendants.
D) banned against federal officials.

Question 7

Which of the following are remedies for illegal government action?
I) internal discipline
II) legislative action
III) damage suits against governments
IV) criminal prosecution

A) I, III, IV
B) II, III, IV
C) I, II
D) III

Question 8

According to Pinder v. Johnson, involving a lawsuit by a mother against a police officer and others for the death of her children in a fire:

A) public officials owe private citizens the right to protect them from damage from one another.
B) a violation of clearly established law is not recoverable.
C) the due process clause does not require government actors to affirmatively protect life.
D) an affirmative duty to protect life can never arise on the part of government officials.

Question 9

Which of the following are always protected by absolute immunity from civil lawsuits while they are performing their official duties?

A) judges
B) prosecutors
C) juries
D) police officers

Question 10

Judges have _____________________ from civil lawsuits for actions they take while performing their official judicial duties.

A) official immunity
B) functional immunity
C) sovereign immunity
D) absolute immunity

Question 11

Internal review of police misconduct involves:

A) review of misconduct by civilians.
B) review of misconduct by a special team of officers in the department.
C) review by a special master appointed by the court.
D) review by officers in another police department.

Question 12

The major objection to internal review of police misconduct is:

A) police officers do not trust the officers conducting the investigation of misconduct.
B) a police department has to divert resources away from fighting crime.
C) the police should not be policing themselves.
D) external review is less expensive and better received by the media.

Question 13

People who sue the government or its officers under section 1983:

A) are usually successful.
B) are usually successful if the violation was extreme.
C) are rarely successful.
D) are usually successful because juries do not believe police officers tell the truth.

Question 14

The legal doctrine of holding employers liable for wrongs committed by their employees if the employee is acting in the scope of employment is known as:

A) no duty to protect.
B) sovereign immunity.
C) color of law.
D) respondeat superior.

Question 15

According to Pinder v. Johnson, involving a lawsuit by a mother against police officers and others for the death of her children in a fire:

A) the due process clauses create an official duty to protect life.
B) a duty to protect life can arise when the state restrains citizens from acting on their own behalf.
C) an affirmative duty to protect life can never arise on the part of government officials.
D) government action can never create a duty to protect life.

Question 16

According to the defense of official immunity, an officer is personally liable:

A) for any misconduct while on duty.
B) for any willful or malicious misconduct.
C) for any negligent act while exercising personal discretion.
D) whenever she exercises her personal judgment.

Question 17

The U.S. government can be sued for the constitutional torts of federal law enforcement officers who have the authority to search and arrest under:

A) the Bivens rule.
B) the Federal Tort Claims Act.
C) Section 1983.
D) state tort law.

Question 18

Under what circumstances are prosecutors absolutely immune from lawsuit for their misconduct?
I) while performing their advocacy role
II) while giving advice to officers regarding an investigation
III) while acting as an investigator prior to there being probable cause to arrest
IV) while representing the state in criminal trials

A) I
B) I, IV
C) II, III
D) I, II

Question 19

In Monell v. New York City Department of Social Services (1978), the Supreme Court ruled that:

A) the U.S. Congress has not allowed individuals to sue cities and counties.
B) the U.S. Congress did intend to allow individuals to sue cities and local
Governments under section 1983.
C) the doctrine of sovereign immunity protects local governments from section 1983 lawsuits.
D) city and county governments are protected by official immunity.

Question 20

Civil actions by citizens against the government derive from all of the following except:

A) state tort law
B) federal statutes
C) penal codes
D) U.S. Constitution

Question 21

Most plaintiffs who file civil lawsuits against police officers are seeking:

A) monetary damages
B) injunctions
C) declaratory judgments
D) an apology

Question 22

When the government takes a person into custody against their will:

A) the government does not have a duty to protect them from being injured by other private persons.
B) the government created the danger taking them into custody, so it must protect them.
C) the government must protect them because a special relationship has been created with the person in custody who cannot protect themselves.
D) the government only has the duty to protect the person in custody from harm by government officers.

Question 23

Research indicates that:

A) civilian review procedures rarely sustain citizens' complaints about police.
B) civilian review procedures are much more likely to sustain citizens' complaints about the police.
C) civilian review boards refuse to hear many of the complaints filed against the police.
D) most civilian review procedures allow the boards to take disciplinary action against police officers.

Question 24

It is unlikely that a police officer will be charged with a crime:
I) if the officer honestly believed he was enforcing the law, making it difficult to prove guilt beyond a reasonable doubt
II) because prosecutors are hesitant to prosecute
III) because juries are unwilling to convict
IV) especially when the "victim" of the officer's actions is a criminal

A) I
B) I, IV
C) I, II, III, IV
D) II, III

Question 25

Suing governmental bodies under Section 1983 is more complicated than suing individuals.

Question 26

Individual officers or government agencies cannot be sued for failing to stop private people from violating their rights by inflicting injuries on them. This is known as the:

A) no special relationship rule.
B) the no affirmative duty to protect rule.
C) the state did not create the danger rule.
D) none of the above

Question 27

The reason the Supreme Court created the qualified immunity defense for police officers is:
I) to protect the broad discretion they need to do their job effectively
II) to prevent officers and courts from being deluged with frivolous lawsuits
III) to discourage citizens from suing the police
IV) to minimize the public's knowledge about police misconduct

A) I, II
B) I, II, III, IV
C) I, III, IV
D) III

Question 28

In order to prevail in a Section 1983 lawsuit, plaintiffs must prove:
I) the officer acted "under color of authority"
II) the officer's actions deprived the plaintiff of their rights under the U.S. Constitution
III) the plaintiff suffered serious injury
IV) the officer's actions were criminal

A) I, II
B) II
C) I, II, III
D) II, IV

Question 29

For a right to be clearly established for purposes of defeating a claim of qualified immunity, the right must be sufficiently clear that a reasonable official would understand that what they are doing violates the right.

Question 30

The Federal Tort Claims Act:

A) waives sovereign immunity and allows lawsuits against the federal government for the constitutional torts of its officers
B) allows citizens to submit their damage claims resulting from constitutional torts to a panel charged with deciding if the claim should be paid
C) upholds the government's sovereign immunity from lawsuit
D) only allows lawsuits against the individual officers involved

Question 31

Prosecutors have:

A) absolute immunity from civil lawsuit
B) qualified immunity from civil lawsuit
C) sovereign immunity from civil lawsuit
D) functional immunity from civil lawsuit

Question 32

State and local law enforcment officers are protected from Section 1983 liability by:

A) sovereign immunity
B) official immunity
C) qualified immunity
D) functional immunity

Question 33

Research about the effectiveness of civilian review boards shows that:

A) they are very effective in investigating police misconduct.
B) civilians are not well equipped to evaluate police misconduct.
C) it's difficult to measure how effective they are.
D) most large cities do not use civilian review.

Question 34

Which legal doctrine prohibits people from suing the government without its consent?

A) qualified immunity
B) absolute immunity
C) official immunity
D) sovereign immunity

Question 35

Plaintiffs can sue which of the following for damages in a civil lawsuit alleging police misconduct?
I) individual law enforcement officer involved.
II) the officer's superiors.
III) the police department.
IV) the government unit in charge of police officers and the police department.

A) I
B) I, II
C) I, II, III
D) I, II, III, IV

Question 36

External civilian review results in more charges against police officers being sustained than internal review.

Question 37

In Monell v. New York City Department of Social Services (1978), the Supreme Court ruled that individuals can sue local government units under Section 1983 under all of the following situations except:
I) the officer acted according to officially approved written rules, policies, statements, ordinances, or regulations
II) the officer acted outside the scope of his employment
III) the officer acted according to unwritten custom, even though not formally approved
IV) the officer's actions caused a violation of the individual's constitutional rights

A) I, II, III, IV
B) I, II
C) I, III, IV
D) II, III

Question 38

According to the qualified immunity defense, law enforcement officers cannot be held personally liable in a civil lawsuit if:

A) the officer honestly believed they had not violated the law
B) the officer can show that under the circumstances their actions were warranted
C) the officer can show their action was objectively reasonable as measured by legal rules "clearly established" at the time they acted
D) criminal charges are also not filed against them

Question 39

Prosecutors have qualified immunity for their conduct as advocates in the judicial phase of the criminal process.

Question 40

Officials who violate the Fourth Amendment by conducting an illegal search can still receive qualified immunity for their actions.

Question 41

The risk of vexatious litigation interfering with their official duties supports giving prosecutors absolute immunity for their decisions associated with the judicial phase of the criminal process.

Question 42

Under certain circumstances, law enforcement officers have a total immunity defense that protects them from being held personally liable for violating someone's rights.

Question 43

State and local governments are responsible for the torts of their employees, if the torts are committed during the employees' employment, under the _____________.

Question 44

Under the doctrine of sovereign immunity, governments are always immune from lawsuit.

Question 45

The government and its officers have a constitutional duty to protect individuals from other private individuals who violate their rights.

Question 46

Under the doctrine of respondeat superior, state and local governments and their agencies are liable for their employees' torts if the employee committed the tort during the course of their employment.

Question 47

The Supreme Court decided in Monell v. New York City Department of Social Services (1978) that cites and other local governments are considered "persons" and can be sued under section 1983.

Question 48

Officers who violate the constitutional rights of private individuals commit a/n _________.

Question 49

A prosecutor's appearance in court in support of an application for a search warrant is protected by qualified immunity.

Question 50

Suits under the Civil Rights Act are commonly called _____________________.

Question 51

A person who brings a suit against the government asking for a remedy is called ______.

Question 52

When individual government employees are immune for their actions, criminal justice agencies can likewise escape liability under ____________________________.

Question 53

Most police believe internal affairs unit are necessary.

Question 54

Under the state-created danger exception to the no-duty-to-protect rule, a law enforcement officer can be held liable under section 1983 if his actions created a special danger to the general public.

Question 55

Review of complaints against police officers by participants who themselves aren't police officers is called _______________.

Question 56

Criminal justice personnel are limited for liability for their torts under the ____________.

Question 57

Lawsuits may be brought against the federal government for federal officials' constitutional torts pursuant to the _______________________.

Question 58

Lawsuits against individual federal law enforcement officers for a constitutional violation are called ____________.

Question 59

Money awarded to compensate someone for a violation of their rights is called ________.

Question 60

In order to win a Section 1983 lawsuit against a police officer, the plaintiff must prove that the officer was acting under color of state law when he engaged in the behavior that is the subject of the suit.

Question 61

Summarize the Bivens v. Six Unnamed FBI Agents case, and explain its significance.

Question 62

Can you sue a judge or a prosecutor for damages resulting from actions performed in their official capacities? Explain.

Question 63

Identify two elements plaintiffs in § 1983 actions against state and local law enforcement officers have to prove. Identify and describe two limits placed by the U.S. Supreme Court in § 1983 actions against state and local officers.

Question 64

Identify and describe the differences between two kinds of state civil lawsuits against individual state officers.

Question 65

Identify the two elements of the qualified immunity defense, and explain why the test is so easy for officers to pass.