Deck 5: The Constitution and Criminal Justice

Question 1

In 1761, ___________ reviled the _______________ as "the worst instrument of arbitrary power, the most destructive of English liberty and the fundamental principles of law, that was ever found in an English law book."

A) John Adams; writ of habeas corpus
B) John Hancock; Stamp Act
C) James Monroe; general warrant
D) James Otis; Writs of Assistance

Answer 1

D

Question 2

Could the Supreme Court constitutionally require that defense attorneys be present during police interrogation of suspects? If so, should the Court establish this requirement? If not, why not?

Answer 2

Not answer

Question 3

In Nebraska Press Association v. Stuart (1976), the Supreme Court invalidated a ___________ imposed by a trial judge to safeguard the rights of a man accused of a brutal mass murder.

A) change of venue
B) secret trial
C) pretrial release order
D) gag order

Answer 3

D

Question 4

Should the Fourth Amendment exclusionary rule be further strengthened, weakened, or abandoned?

Question 5

It was not until Mapp v. Ohio (1961) that the Supreme Court extended the 4th Amendment __________ to state criminal prosecutions by way of the 14th Amendment.

A) exclusionary rule
B) probable cause requirement
C) particularity requirement
D) warrant clause

Question 6

What constitutional questions, if any, are raised by state laws requiring convicted sex offenders to register their names and addresses with state agencies after they complete their prison sentences?

Question 7

In your judgment, would there be a constitutional problem with allowing crime victims to make a statement before the court prior to sentencing in all felony cases?

Question 8

In Ford v. Wainwright (1985), the Supreme Court held that the Eighth Amendment prohibits the execution of a prisoner who is __________.

A) legally insane
B) mentally retarded
C) under 16 years old
D) none of the above

Question 9

Should the Supreme Court extend the right of trial by jury to juvenile offenders?

Question 10

Should the rights of crime victims be accorded as much protection as the rights of criminal defendants?

Question 11

In Carroll v. United States (1925), the Supreme Court upheld the warrantless search of an automobile believed to be carrying ______.

A) a bomb
B) counterfeit currency
C) firearms
D) bootleg liquor

Question 12

In Robinson v. California (1962), the Supreme Court held that state courts were bound by the 8th Amendment prohibition against _________________.

A) cruel and unusual punishments
B) excessive bail
C) excessive fines
D) compulsory self-incrimination

Question 13

According to Justice Harlan's concurrence in Katz v. U.S. (1967), the protections of the Fourth Amendment extend to any place or thing in which an individual has a ________.

A) specific property interest
B) reasonable expectation of privacy
C) subjective desire to remain private
D) none of the above

Question 14

What constitutional issues would surround a state's decision to permit executions by electric chair to be shown on live television?

Question 15

Does the rule against compulsory self-incrimination apply to physical evidence (such as fingerprints, DNA samples, or blood-alcohol tests)? Should it apply to such evidence?

Question 16

In Olmstead v. United States (1928), the Supreme court took a __________ view of the scope of the Fourth Amendment.

A) liberal
B) strict
C) noninterpretivist
D) libertarian

Question 17

In Tennessee v. Garner (1985), the Supreme Court held that a police officer may use ____________ only when necessary to apprehend a fleeing felon and only when "the officer has probable cause to believe that the suspect poses a significant threat of death or physical injury to the officer or others."

A) a choke hold
B) a stun gun
C) deadly force
D) none of the above

Question 18

In view of the overwhelming number of criminal convictions based on guilty pleas rather than on jury trials, has the time come to reconsider the assumptions underlying the adversarial system of criminal justice?

Question 19

Has the Supreme Court of late abandoned its commitment to the constitutional rights of the accused or has it merely restored a sense of balance to the criminal justice system?

Question 20

Until recently, most federal courts followed the ________ test in determining whether appointed counsel was ineffective at trial.

A) mockery of justice
B) harmless error
C) reasonable doubt
D) preponderance of evidence

Question 21

Writing for the Supreme Court in Schall v. Martin (1984), Justice _________ stressed that "the Constitution does not mandate elimination of all differences in the treatment of juveniles."

A) Stewart
B) O'Connor
C) Stevens
D) Rehnquist

Question 22

Under the doctrine of ___________________, the state assumes ultimate responsibility for caring for children, the mentally retarded persons, and persons who are insane.

A) in loco parentis
B) obiter dicta
C) sovereign immunity
D) parens patriae

Question 23

In Stone v. Powell (1976), the Supreme Court decided that state prisoners could not use federal habeas corpus petitions to raise any ______________ issues as long as they had been provided "a full and fair opportunity" to litigate those issues in the state courts.

A) cruel and unusual punishment
B) self-incrimination
C) Fourth Amendment
D) federal constitutional

Question 24

The Warren Court's decision to expand federal _____________ helped fuel the "criminal justice revolution" of the 1960s.

A) law enforcement authority
B) pretrial detention
C) aid to the cities
D) habeas corpus jurisdiction

Question 25

In ___________________, the Supreme Court reversed a conviction in which government agents, acting without a warrant, attached a "bug," or listening device, to the outside of a public telephone booth from which a suspected bookie often placed calls.

A) Oliver v. United States (1984)
B) Katz v. United States (1967)
C) Kyllo v. United States (2001)
D) none of the above

Question 26

According to the Supreme Court's decision in ______________, officers have probable cause when "the facts and circumstances within their knowledge, and of which they had reasonably trustworthy information, [are] sufficient in themselves to warrant a man of reasonable caution in the belief that an offense has been or is being committed."

A) Coolidge v. New Hampshire (1971)
B) Illinois v. Gates (1983)
C) Stanford v. Texas (1965)
D) Brinegar v. United States (1949)

Question 27

In Illinois v. Gates (1983), the Supreme Court abandoned the rigorous Aguilar-Spinelli test in favor a _______________ test that made it easier for police officers to get search warrants.

A) reasonable person
B) reasonable suspicion
C) good faith
D) totality of circumstances

Question 28

Adhering to Justice John M. Harlan's concurrence in ______________ (1967), the Supreme Court has since held that the Fourth Amendment extends to any place or any thing in which an individual has a reasonable expectation of privacy.

A) Katz v. United States
B) Melton v. United States
C) United States v. Calandra
D) United States v. Davies

Question 29

In Olmstead v. United States (1928), Chief Justice _________________ stated, "The reasonable view is that one who installs in his house a telephone instrument with connecting wires intends to project his voice to those quite outside, and that the wires beyond his house, and messages passing over them, are not within the protection of the Fourth Amendment."

A) William Howard Taft
B) Harlan F. Stone
C) Charles Evans Hughes
D) none of the above

Question 30

The fundamental requirement imposed by the ______ Amendment is that searches and seizures must be "reasonable."

A) Third
B) Fourth
C) Fifth
D) Sixth

Question 31

In Schall v. Martin (1984), the Supreme Court upheld a ____________ program for juveniles.

A) work release
B) probation and parole
C) community service
D) pretrial detention

Question 32

The judicial extension of the Fourth Amendment and other protections of the Bill of Rights to limit the actions of the state and local governments is referred to as the doctrine of ___________.

A) res judicata
B) incorporation
C) extension
D) absorption

Question 33

In ___________________, the Supreme Court first suggested in that evidence obtained in violation of the Fourth Amendment should be excluded from trial.

A) Boyd v. U.S. (1886)
B) Carroll v. U.S. (1925)
C) Bram v. U.S. (1897)
D) Weems v. U.S. (1910)

Question 34

In a famous debate in 1761, ___________ called the Writs of Assistance "the worst instrument of arbitrary power, the most destructive of English liberty and the fundamental principles of law, that ever was found in an English law book."

A) James Madison
B) Benjamin Franklin
C) James Otis
D) Richard Henry Lee

Question 35

In Trop v. Dulles (1958), Chief Justice Warren said that the Cruel and Unusual Punishments Clause of the Eighth Amendment must draw its meaning from ____.

A) the intentions of the Framers of the Bill of Rights
B) historical practice
C) the common law
D) evolving standards of decency

Question 36

The Warren Court adopted the ___________test in determining whether to issue search warrants involving the use of confidential or anonymous informants, whereas the Burger Court adopted the ______________ test.

A) Aguilar-Spinelli; congruence and proportionality
B) congruence and proportionality; Aguilar-Spinelli
C) Aguilar-Spinelli; totality of circumstance
D) totality of circumstance; Aguilar-Spinelli

Question 37

In Carroll v. United States (1925), the Supreme Court upheld the warrantless search of a (an) ____________ believed to be harboring illegal liquor.

A) automobile
B) suitcase
C) office building
D) none of the above

Question 38

The Supreme Court has held repeatedly that, under ________________, a warrantless search may be "reasonable" under the Fourth Amendment.

A) the "good faith" exception
B) exigent circumstances
C) the doctrine of stare decisis
D) the totality of circumstances test

Question 39

Under Wolf v. Colorado, states were free to adopt or ignore the Weeks exclusionary rule. Some adopted the rule; most did not. The discrepancy between the rules applicable to state and federal courts gave rise to the ______ doctrine.

A) fruit of the poisonous tree
B) totality of circumstances
C) total incorporation
D) silver platter doctrine

Question 40

In McKeiver v. Pennsylvania (1971), the Supreme Court refused to extend the right to _____________ to juvenile proceedings.

A) counsel
B) trial by jury
C) appeal
D) a speedy and public trial

Question 41

In County of Riverside v. McLaughlin (1991), the Rehnquist Court held that an individual could be detained for as long as ________ hours prior to a probable cause hearing without necessarily violating the Fourth Amendment.

A) 12
B) 24
C) 48
D) 60

Question 42

Under federal law an officer is required to _______________ upon arrival at the place to be searched pursuant to a search warrant.

A) knock and announce
B) obtain permission
C) barge in without announcement
D) none of the above

Question 43

In ________________, the Supreme Court held that police officers may use deadly force only when necessary to apprehend a fleeing felon and only when "the officer has probable cause to believe that the suspect poses a significant threat of death or physical injury to the officer or others."

A) Bram v. United States (1987)
B) Ashcraft v. Tennessee (1944)
C) Lyons v. Oklahoma (1944)
D) Tennessee v. Garner (1985)

Question 44

In _______________, the Court decided unanimously that the Fourth Amendment requires police, absent a threat of physical violence or other exigent circumstances, to knock and announce when serving a search warrant at a home.

A) Richards v. Wisconsin (1997)
B) Wilson v. Arkansas (1995)
C) Hudson v. Michigan (2006)
D) Chimel v. California (1969)

Question 45

In ______________, the Court held that police are not required to inform motorists who are stopped for other reasons that they are "free to go" before asking them to consent to a search of their automobile.

A) Chimel v. California (1969)
B) Schneckloth v. Bustamonte (1973)
C) Florida v. Bostick (1991)
D) Ohio v. Robinette (1996)

Question 46

In ___________, the Supreme Court said that the exclusionary rule is not applicable to a situation in which contraband is seized from a person who was falsely arrested due to police negligence.

A) Herring v. United States (2009)
B) Wilson v. Arkansas (1995)
C) Hudson v. Michigan (2006)
D) Malley v. Briggs (1986)

Question 47

In Schneckloth v. Bustamonte (1973), the Supreme Court _________ a search based on consent even though the police failed to advise the individual that he was not obligated to consent to the police request.

A) upheld
B) invalidated
C) denied certiorari
D) none of the above

Question 48

The stop and frisk investigatory detention was upheld by the Supreme Court in _______________.

A) Warden v. Hayden (1967)
B) Terry v. Ohio (1968)
C) Michigan v. Tyler (1978)
D) none of the above