Due Process Test Review

  1. This is given by the court allowed police to look for the evidence.
    Search warrant
  2. In this case,­­­­­­­­­­­­­­­­­ the Supreme Court ruled that the 5th Amendment protection against self-incrimination requires that suspects be clearly informed of their rights before police question them.
    Miranda v Arizona
  3. Felony
    Major crime
  4. The current constitutionality of the death penalty is supported by language in the 5th and 8th amendments of the Constitution.
    False
  5. Police are required to inform people they arrest of their constitutional rights.  This is a result of
    Miranda v Arizona
  6. Which of the following statements about the 4th amendment is true
    It forbids unreasonable searches and seizures
  7. won the right to a lawyer through his appeal to the Supreme Court
    Clarence Earl Gideon
  8. In Miranda v Arizona, the Supreme Court ruled that before they may be questioned by police, criminal suspects must be informed of all of the following except
    Advised they have the right to the presence of an attorney only after the police have had the opportunity to question them
  9. Which of the following constitutional protections is NOT granted to a person accused of a crime?
    The right to the best defense
  10. The crucial phrase of the 14th amendment that allows federal judges to review the criminal procedures in states is
    due process of law
  11. If a suspect is caught in possession of criminal evidence they are still considered innocent until proven guilty.
    True
  12. In Gregg v Georgia, the Court ruled that under adequate guidelines this is acceptable.
    the death penalty
  13. Protection against self-incrimination rests on a basic legal principle: the government bears the burden of proof.
    True
  14. This forbids cruel and unusual punishment
    Eighth Amendment
  15. “unreasonable search and seizure”
    Fourth Amendment
  16. With evidence to suggest criminal acts, the officer obtained a warrant based on this.
    probable cause
  17. This requires government to follow fair and established rules and procedures in order to limit a person’s rights
    Due process
  18. The exclusionary rule has always been a part of the Constitution.
    False
  19. The reading of your Miranda Rights provides for the support of the
    5th amendment
  20. The Constitutional guarantee that the national government will not unfairly deprive a person of “…life, liberty, or property without due process….” Is stated in the
    5th amendment
  21. In ­­­­­ this case, the Court ruled mandatory death penalties unconstitutional.
    Furman v Georgia
  22. An accused individual is indicted by a ___ prior to the start of a bench trial.
    Grand jury
  23. In this case, the Court ruled that employees in charge of corporate records could be forced to turn over evidence even if it might be incriminating.
    Braswell v US
  24. This states that evidence gained by an illegal act cannot be used in court against a person.
    Exclusionary rule
  25. The 5th amendment says that no one ‘shall be compelled in any criminal case to be a witness against himself’.
    True
  26. Due process rights are violated when the government unfairly enforces a law.
    True
  27. This principle means a person may not be tried twice for the same crime.
    Double jeopardy
  28. In  the Supreme Court ruled that capital punishment was not constitutional because it was being imposed arbitrarily for a wide variety of crimes and mainly on African Americans and poor people.
    Furman v Georgia
  29. The states are prohibited from depriving persons of life, liberty, or property, without due process of law, by the
    14th amendment
  30. To be informed of the right to counsel and to remain silent is the constitutional protection against
    Self-incrimination of forced confession
  31. Double Jeopardy means a person may not be tried twice for the same crime, thus protecting people from continual harassment.
    True
  32. What constitutional protection is available against unreasonable search and seizure?
    The right to searches only by warrant or probable cause
  33. The prohibition in the Constitution against a person being, “…..twice put in jeopardy of life or limb…...” means that a person may not
    Be tried twice for the same crime
  34. Another term for an attorney
    Counsel
  35. To conduct wiretapping, eavesdropping, and electronic surveillances, you need
    a warrant
  36. A primary purpose of requiring an accused person to submit to bail is to
    Guarantee the persons will return for the trial
  37. A confession or other incriminating statements an accused person makes when he or she is denied access to a lawyer may not be used in trial.
    True
  38. A criminal’s double jeopardy protection is violated if they are put on trial by the state of Illinois after being found guilty by the federal government.
    False
  39. This  begins with these words: “You have the right to remain silent.”
    Miranda rule
  40. Which of the following statements regarding the warrant requirement is incorrect?
    It must be approved by the suspect’s attorney
  41. To have a fair trial, a person is guaranteed all of the following except
    A trial broadcast by the media
  42. Is a monetary guarantee that the accused will appear for scheduled court date.
    Bail
  43. In most circumstances, police do not need to get a warrant to seize criminal evidence
    When they have probable cause
  44. The prohibition on this prevents a person from being tried twice for the same offense.
    Double jeopardy
  45. In a criminal trial, the burden of proof is on
    The prosecution
  46. The Supreme Court’s decision in Miranda v Arizona and Gideon v Wainwright were important because
    They expanded the rights of those suspected and accused of committing a crime
  47. A person accused of a crime has all of the following rights except
    They may refuse to appear in court if they feel they are innocent
  48. At the time of an arrest, the police may legally search all of the following except
    things in other rooms of the house
  49. An argument in favor of the exclusionary rule is that it
    Discourages law enforcement officers from violating an individual’s constitutional rights
  50. “Reasonable doubt” and “probable cause” are both clearly defined in the Bill of Rights.
    False
  51. A person is “guilty” in the eyes of the law once police has arrested them.
    False
  52. The Supreme Court has ruled that all accused persons are always entitled to bail.
    False
  53. The 8th amendment forbids “cruel and unusual punishment,” the only constitutional provision specifically limiting penalties in criminal cases.
    True
  54. In this case, the Court ruled that under adequate guidelines the death penalty does not constitute cruel and unusual punishment.
    Gregg v Georgia
  55. To guarantee the fairness of a trial, it will always be held in the district or state where the crime was committed.
    False
  56. Police officers may threaten you in order to get your consent to conduct a search.
    False
  57. Being coerced to be “witness against oneself”
    Self-incrimination
  58. In the case of Gideon v Wainwright, the Supreme Court ruled that
    The state must appoint an attorney to represent any defendant who cannot afford to hire one
  59. This rule holds that illegally obtained evidence cannot be used in a federal court.
    Exclusionary rule
  60. When arresting a person, police must
    Have probable cause to believe the person is involved in criminal activity
Author
GoBroncos
ID
356941
Card Set
Due Process Test Review
Description
Updated