Deck 1: Individual Rights Under the United States Constitution

Question 1

Which of the following is most consistent with the principles of the crime control model?

A) a strong appellate court system with multiple layers of appeals
B) confidence in the police and prosecutors' judgments
C) a skepticism toward the decisions of police and prosecutors
D) opposition to additional resources to build more prisons

Answer 1

B

Question 2

The right to a speedy and public trial is part of the _____ Amendment.

A) First
B) Second
C) Fourth
D) Sixth

Answer 2

D

Question 3

Judicial decisions have made it clear that "speech" goes beyond oral communication, including both artistic expression and _____.

A) violence when warranted
B) symbolic speech
C) unrestrained activity
D) freedom of movement

Answer 3

B

Question 4

The Fourth Amendment prohibits _____ searches and seizures.

A) unlawful
B) surreptitious
C) unreasonable
D) unwarranted

Question 5

The privilege against self-incrimination applies to compelling a person to _____.

A) appear in a lineup in which all individuals will read a standard script
B) furnish a blood sample which might match that of the perpetrator
C) make a statement which indicates they might be guilty
D) furnish their fingerprints for comparison with the perpetrators

Question 6

Which doctrine allows the Supreme Court to determine if a law violates the Constitution?

A) habeas corpus
B) posse comitatus
C) certiorari
D) judicial review

Question 7

A person has filed a lawsuit on equal protection grounds claiming racial discrimination. Which standard of review will be used to resolve the issue of law?

A) Fair and adequate notification test
B) Strict Scrutiny
C) Intermediate scrutiny
D) Rational Basis Test

Question 8

A "due process" clause is found in the _____ Amendments.

A) Second and Fourth
B) Fifth and Eleventh
C) Fourth and Fourteenth
D) Fifth and Fourteenth

Question 9

The essence of "due process" is best described as _____.

A) fairness
B) adversarial
C) timely notice
D) equal protection

Question 10

Ex post facto laws _____.

A) impose punishment by an act of the legislature
B) are retroactive laws which act to the detriment of the accused
C) guarantee that federal crimes, except impeachment, be tried before a jury
D) retroactively enhance the rights of the accused

Question 11

The _____ restricts the establishment of any government-sponsored religion.

A) proportionality clause
B) symbolic speech clause
C) free exercise clause
D) probable cause clause

Question 12

The only crime defined in the United States Constitution is _____.

A) attainder
B) ex post facto
C) forfeiture
D) treason

Question 13

The accused is placed in jeopardy (i.e., jeopardy attaches) when _____.

A) (s)he is indicted
B) (s)he is arraigned and enters a plea to the indictment
C) the jury is sworn or, in cases tried without a jury, when the judge begins hearing testimony
D) the jury returns a verdict

Question 14

Which branch of the government plays the largest role in protection of individual liberties?

A) Legislative
B) Executive
C) President
D) Judicial

Question 15

Freedom from double jeopardy is guaranteed by the _____.

A) Second Amendment
B) Third Amendment
C) Fourth Amendment
D) Fifth Amendment

Question 16

Which document preceded the current U.S. Constitution in governing the first thirteen states?

A) Articles of Confederation
B) Bill of Rights
C) Magna Carta
D) Declaration of Independence

Question 17

Constitutional guarantees against self-incrimination are primarily covered by which amendment?

A) First
B) Fourth
C) Fifth
D) Eighth

Question 18

Like most constitutional democracies, the justice system in the United States continually experiences a tension between the need to _____ and the need to _____.

A) respect individual rights; maintain public order
B) balance power; maintain public order
C) limit power; allow certain governmental intrusion
D) limit public rights; broaden individual rights

Question 19

If a person in prison believes he or she is being held in violation of the Constitution, they would most likely seek a _____.

A) writ of corpus delicti
B) writ of habeas corpus
C) bill of attainder
D) prima facie case

Question 20

The right to freedom of speech is considered a fundamental right. In cases involving a fundamental right, the _____ standard of review is used to resolve the case.

A) legitimate regulation
B) intermediate scrutiny
C) strict scrutiny
D) rational basis

Question 21

An advocate of the crime control model would support increased funding for police and prosecutors and to build more prisons.

Question 22

The primary significance of the Marbury v. Madison decision is that it _____.

A) created the judicial branch of government and asserted its independence
B) declared that it is the duty of the judiciary to expound and interpret the law
C) established the power and authority of the Chief Justice position on the Court
D) applied the provisions in the Bill of Rights to state proceedings

Question 23

Cruel and unusual punishment is forbidden by the _____ Amendment.

A) Fifth
B) Seventh
C) Eighth
D) Ninth

Question 24

The _____ Amendment emphasizes that the Constitution did not intend, by expressly guaranteeing certain rights of the people, to grant the government unlimited power to invade other rights of the people.

A) Ninth
B) Third
C) Seventh
D) Tenth

Question 25

Substantive criminal law establishes legal prescriptions and proscriptions, whereas procedural criminal law sets forth the mechanisms through which substantive criminal laws are implemented.

Question 26

The Sixth Amendment provides a right to be represented by counsel only in criminal prosecutions that may result in imprisonment.

Question 27

Article III of the Constitution establishes the structure and power of the federal court system.

Question 28

The main purpose of the original Constitution was to establish individual liberties and freedoms.

Question 29

The concepts of due process and equal protection are the same.

Question 30

Following the Harmelin v. Michigan (1991) decision, the Eighth Amendment proportionality clause was _____.

A) removed
B) found to be broadly applicable
C) found to prevent only grossly disproportionate sentences
D) restricted to length of sentence and criminal fine issues

Question 31

Although there is inherent tension between the crime control and due process models, _____.

A) criminal justice has consistently focused more on crime control
B) criminal justice has consistently focused more on due process
C) the relative emphasis on crime control or due process has shifted over time
D) activities during the 1960s caused a marked shift towards crime control

Question 32

All ex post facto laws are retroactive.

Question 33

In some situations, a second trial for the same offense is permitted.

Question 34

The absence of _____ was a substantial impediment to the ratification of the Constitution.

A) a separation clause
B) an entitlement statement
C) tort legislation
D) a Bill of Rights

Question 35

The right to be free from excessive bail is guaranteed by the _____ Amendment.

A) Sixth
B) Seventh
C) Eighth
D) Tenth

Question 36

The judicial branch of law expounds and interprets the law.

Question 37

The Constitution, as originally proposed to the States in 1787, contained the Bill of Rights.

Question 38

The _____, issued by the Continental Congress in 1776, contains an explicit statement that individuals have rights that cannot be taken away and that these rights are "self-evident"?

A) Magna Carta
B) Declaration of Independence
C) U.S. Constitution
D) Articles of Confederation

Question 39

The most significant effect of the Bail Reform Act of 1984 is to _____.

A) imprison those who cannot afford to post money bail
B) presume that bail should be granted while appeals are in process
C) allow consideration of danger to the community posed by the defendant
D) guarantee the defendant's appearance at judicial proceedings

Question 40

The _____ Amendment has been used to make many of the provisions of the Bill of Rights applicable to the states.

A) Fourteenth
B) Thirteenth
C) Fifth
D) Fourth

Question 41

Explain the two different types of freedoms having to do with religion.

Question 42

Compare and contrast the three standards of judicial review - strict scrutiny, intermediate scrutiny, and the rational basis test.

Question 43

The fundamental privileges and freedoms enjoyed by U.S. citizens are commonly referred to as _____________________.

Question 44

Law made by judicial interpretation of statutes and regulations is called _____________________ law.

Question 45

Discuss and debate "symbolic speech" as interpreted by the courts under the First Amendment.

Question 46

Describe the function of a judicial review. Be sure to include important documents/cases that legitimize the notion of judicial review.

Question 47

Provide an example in which double jeopardy might 'attach' in a jury trial and a nonjury trial.

Question 48

In no less than one paragraph, compare and contrast due process and crime control values.

Question 49

Briefly relate the history of the early English Common Law, illustrating how it laid the foundation for the United States Constitution.

Question 50

Due process is violated if a practice or rule "offends some principle of justice so rooted in the traditions and conscience or our people as to be ranked as _____________________."

Question 51

Explain the importance of the Fourteenth Amendment and the right to due process.

Question 52

The _____________________ approach held that the Due Process Clause of the Fourteenth Amendment applies rights to state proceedings by considering each right on its own to determine whether the right is fundamental or not.

Question 53

Convey the concept of proportionality. To what extent does the U.S. Supreme Court currently recognize proportionality as a component of the Eighth Amendment?

Question 54

The power of the government to acquire private property is called _____________________.

Question 55

According to the _____________________ doctrine, double jeopardy does not arise when federal and state courts both have jurisdiction to prosecute.

Question 56

The _____________________ branch of government creates most of the law of criminal procedure.

Question 57

The Fourth Amendment's _____________________ requirement stipulates that before an arrest warrant can be issued, the applying officer must produce evidence showing by a fair probability that the specific person named committed a specific offense.

Question 58

Rules and regulations set forth by a government agency that is empowered through statutory law to make such rules are categorized as _____________________ law.

Question 59

The Supreme Court of the 1960s made policing the police, as well as state courts, a distinctly federal concern. Today, we refer to this shift in policy as the _____________________ revolution of the 1960s.

Question 60

Explain the importance of subpoenas and compulsory process to a criminal trial.