Question 1

A writ issued by a judge authorizing some law enforcement activity is called a

Accepted Answer

A warrant is a written order issued by a judge or magistrate that authorizes law enforcement officials to perform a particular act, such as conducting a search or making an arrest. A petition is a formal written request, and a writ is a formal written order in general (but in the context of law enforcement, it usually refers specifically to a court order authorizing some activity). A declaration is a statement of facts or opinions.

Question 2

In 2001, a closely divided court prohibited the use of a ______ without the subject's knowledge or consent in order to obtain evidence on the cultivation of marijuana.

Accepted Answer

In 2001, the Supreme Court ruled in Kyllo v. United States that the use of thermal imaging technology without a warrant to detect marijuana growing operations inside a private residence violated the Fourth Amendment. Therefore, the correct answer is C) thermal scan. The other options are medical imaging techniques that are not relevant to the context of the question.

Question 3

The case through which Fourth Amendment protections were incorporated to the states was

Accepted Answer

In Mapp v. Ohio, the Supreme Court ruled that evidence obtained through illegal search and seizure by state law enforcement officials could not be used in criminal trials in state courts. This decision incorporated the Fourth Amendment's protection against unreasonable searches and seizures to the states, and thus applied to all levels of law enforcement, including state and local officials.

Question 4

The most contentious part of the Eighth Amendment today is arguments over

Accepted Answer

While all of these issues have been the subject of debate and legal challenges under the Eighth Amendment, the most contentious currently is likely the question of what constitutes "cruel and unusual punishment." This has included discussions of the death penalty, solitary confinement, and excessive use of force by law enforcement, among other issues. The other options are important constitutional rights protected by other amendments in the Bill of Rights.

Question 5

The most important way the Fifth Amendment provides protections for those accused of crimes is by

Accepted Answer

The Fifth Amendment includes several important protections for those accused of crimes, including the guarantee of due process and the right to a fair trial. This includes specific processes and procedures for their defense, such as the right to an attorney and the right to cross-examine witnesses. While the other options listed are also important protections, they are not as directly related to ensuring the rights of the accused.

Question 6

The purpose of a grand jury is to

Accepted Answer

The purpose of a grand jury is to determine whether an indictment will be presented, meaning whether there is enough evidence to take a case to trial. They do not determine guilt or innocence or fix punishment, and they do not review court transcripts or decide on appeals.

Question 7

An amount of money posted as a security to allow a charged individual to be freed while awaiting trial is called

Accepted Answer

Bail is a sum of money that a charged individual or their family or friends pay to the court as a guarantee that they will return for trial. If the individual fails to appear in court, the bail will be forfeited. Bail allows the individual to be temporarily released from custody until their trial date. It is not the same as security, surety, or insurance.

Question 8

In which of the following cases did the Supreme Court require a specific warning be read to anyone who is suspected of criminal activity?

Accepted Answer

The Supreme Court required a specific warning be read to anyone who is suspected of criminal activity in Miranda v. Arizona. This warning, known as the Miranda warning, informs individuals of their right to remain silent and their right to an attorney.

Question 9

In which part of the Constitution is the right to demand a writ of habeas corpus enumerated?

Accepted Answer

The right to demand a writ of habeas corpus is enumerated in Article I of the Constitution, which deals with the legislative branch. Specifically, Article I, Section 9, Clause 2 states that "The privilege of the writ of habeas corpus shall not be suspended, unless when in cases of rebellion or invasion the public safety may require it." This clause ensures that individuals have the right to challenge unlawful detention.

Question 10

A judicial standard requiring that fairness be applied to all participants equally is described as

Accepted Answer

The description given in the question matches the concept of procedural justice, which involves treating all participants in a legal process fairly and equally with respect to the procedures used to determine outcomes. Inferential justice is not a commonly used term, incremental justice refers to gradual progress towards a desired outcome, and criminal justice is a broader term that encompasses the entire legal system and its mechanisms for addressing crime.

Question 11

The right to a speedy trial was incorporated to the states in what year?

Accepted Answer

The right to a speedy trial was incorporated to the states in 1963 with the landmark case of Klopfer v. North Carolina, where the Supreme Court held that the Sixth Amendment's guarantee of a speedy trial applies to the states through the Due Process Clause of the Fourteenth Amendment.

Question 12

In which case did the Supreme Court establish a standard for procedures involved in obtaining evidence of a crime?

Accepted Answer

The answer of In which case did the Supreme Court...

Question 13

An officer stops a driver and orders him to open his trunk without probable cause, leading to his arrest.Later, the judge refuses the admission of any evidence obtained from the search.This would most likely be because of the ______ rule.

Accepted Answer

The exclusionary rule states that any evidence obtained illegally or without probable cause cannot be used in court. In this case, the officer did not have probable cause to search the driver's trunk, so any evidence obtained from that search would be inadmissible in court.

Question 14

In which case was the right to counsel for those unable to afford it incorporated to the states?

Accepted Answer

The right to counsel for those unable to afford it was incorporated to the states in the case of Gideon v. Wainwright in 1963. The Supreme Court ruled that the Sixth Amendment's guarantee of a right to counsel applied to state criminal defendants through the due process clause of the Fourteenth Amendment. This landmark decision established the principle that all criminal defendants have the right to an attorney, regardless of their ability to pay for one.

Question 15

Recently, the Supreme Court has extended its Gideon v.Wainwright decision by

Accepted Answer

The Gideon v. Wainwright decision established the right to counsel for criminal defendants, regardless of ability to pay. The Supreme Court has since extended this decision by requiring that defendants receive "effective" legal representation, not just any representation. This means that the attorney appointed to a defendant must provide competent and diligent representation. The other choices (A, B, and D) are not accurate extensions of the Gideon decision.

Question 16

Under the decision in Katz v.United States, law enforcement must not only obtain a warrant to conduct a search;they must also prove

Accepted Answer

Under the decision in Katz v. United States, law enforcement officers must obtain a warrant to conduct a search, but they must also have probable cause to do so. Probable cause means that the officer has reasonable grounds to believe that evidence of a crime will be found in the location to be searched. The other choices, chain of custody, mens rea, and corpus delecti, are all legal concepts that are not directly related to the Fourth Amendment's search and seizure requirements.

Question 17

The situation in which an individual is tried more than once for the exact same crime is called

Accepted Answer

Double jeopardy is the legal principle that prohibits a person from being tried for the same offense more than once after either an acquittal or a conviction. This principle is protected by the Fifth Amendment of the United States Constitution.

Question 18

Besides protection from double jeopardy and the right to a grand jury in federal cases, perhaps the most sweeping protection of the Fifth Amendment is the protection against

Accepted Answer

The protection against self-incrimination is the most sweeping protection of the Fifth Amendment. It ensures that individuals cannot be forced to testify against themselves in a criminal trial or any other legal proceeding, and that they cannot be punished for refusing to do so. This protection extends to both oral statements and written statements, such as confessions or testimony given under oath.

Question 19

In 2014, the Supreme Court declared that obtaining evidence from a subject's ______ without a warrant was prohibited under most circumstances.

Accepted Answer

In 2014, the Supreme Court in Riley v. California, declared that obtaining evidence from a subject's cell phone without a warrant was prohibited under most circumstances. The court recognized the significant privacy interests at stake due to the vast amount of personal information often stored on cell phones.

Question 20

Which of the following is a statement demanding that authorities in charge of a person's detention establish reasons for it?

Accepted Answer

The writ of habeas corpus is a demand that authorities in charge of a person's detention establish reasons for it. This writ is a legal instrument that can be used to bring a person who is being unlawfully detained or imprisoned before a court or a judge to determine the lawfulness of their detention.

Quiz 4: Civil Liberties