Deck 15: Criminal Procedure in Times of Crisis

Question 1

Who can military commissions try?

A)any terrorist offenders
B)noncitizens
C)citizens
D)U.S. military personnel

Answer 1

B

Question 2

Which of the following tactics is related to a theory of proactive policing?

A)the Capone approach
B)gag orders
C)roving wiretaps
D)military commissions

Answer 2

A

Question 3

The application of Miranda to terrorism suspects:

A)is an unsettled legal matter and is still controversial.
B)is a matter that has been resolved, and there is agreement that terrorism suspects must always be Mirandized before they are subject to custodial interrogation.
C)is a matter on which the U.S. Attorney General has publicly refused to take a position.
D)is a decision that rests with the discretion of law enforcement agents, according to the U.S. Attorney General.

Answer 3

A

Question 4

What act established the CIA?

A)National Security Act
B)Crime Control and Safe Streets Act
C)Federal Intelligence Surveillance Act
D)Terrorist Surveillance Act

Question 5

Military commissions:

A)follow all the same procedures and rules as Article III courts.
B)have jurisdiction over both citizens and non-citizens.
C)operate under relaxed rules of procedure and proof, as compared to Article III courts.
D)can also try members of the U.S. armed forces if they violate the Uniform Code of Military Justice.

Question 6

According to rules issued by the Department of Defense in 2010 governing military commission proceedings:

A)evidence derived from statements obtained by cruel, inhumane, and degrading treatment can never be used.
B)evidence derived from statements obtained by cruel, inhumane, and degrading treatment can be used in certain circumstances.
C)evidence derived from statements obtained by cruel, inhumane, and degrading treatment can be used if its use would otherwise be consistent with the interests of justice.
D)evidence can be used only if it can also be used in federal courts.

Question 7

Since 9/11, the government has shifted its primary goal from gathering evidence for prosecuting terrorists to:

A)deporting terrorists.
B)prosecuting drug dealers.
C)gathering intelligence to prevent future attacks.
D)detaining terrorists without trial.

Question 8

Which is the lead agency for investigating the crime of terrorism?

A)CIA
B)FBI
C)DEA
D)ICE

Question 9

What exception to Miranda v. Arizona is directly connected to its application to terrorism suspects?

A)the plain view exception
B)the consent exception
C)the public safety exception
D)the good faith exception

Question 10

FISA authorizes certain government surveillance of communications for what purposes?

A)preventive policing purposes
B)immigration reform foreign intelligence purposes
C)drug interdiction purposes
D)foreign intelligence purposes

Question 11

What is an offense that is calculated to influence or affect the conduct of government by intimidation or coercion, or to retaliate against government conduct?

A)the federal crime of spying
B)the federal crime of sedition
C)the federal crime of terrorism
D)the federal crime of racketeering

Question 12

What provision of the USA Patriot Act creates the national security equivalent of a grand jury subpoena?

A)the safeguard provision
B)the white collar provision
C)the business records provision
D)the lone wolf provision

Question 13

In what case did SCOTUS authorize federal courts to hear petitions from noncitizens who are detained as enemy combatants at Guantanamo Bay?

A)Demore v. Kim
B)John Doe, Inc. v. Mukasey
C)Rasul v. Bush
D)Boumediene v. Bush

Question 14

Which of the following changes was made to the USA Patriot Act as a result of the 2006 amendments?

A)expanded use of NSLs for investigation of U.S. citizens
B)eliminated the requirement that NSL requests seek information relevant to national security investigations
C)added the requirement that information is linked to a foreign power
D)expanded FBI issuing authority beyond FBI headquarters

Question 15

In the current debate about ways to try foreign terrorist suspects:

A)the "terrorism as war" advocates support the use of federal courts.
B)the "terrorism as crime" advocates support the use of federal courts.
C)the "terrorism as crime" advocates support the use of military commissions.
D)there is no middle course-it is an either/or decision.

Question 16

The FBI sends National Security Letters to telephone companies, Internet Service Providers (ISPs), consumer credit reporting agencies, banks, and other financial institutions, which direct these recipients to turn over what?

A)external communications
B)interoffice memos
C)accounting records
D)metadata

Question 17

What is the method used by the FBI in which individuals linked to terrorist plots are apprehended on lesser, non-terrorist-related offenses?

A)sting operations
B)the Capone approach
C)National Security Letters
D)the lone wolf approach

Question 18

What national security law was enacted by Congress in 1978?

A)USA Patriot Act
B)Illegal Immigration Reform and Immigrant Responsibility Act
C)National Security Letters Act
D)Foreign Intelligence Surveillance Act

Question 19

The reasonableness of detaining noncitizens during deportation proceedings depends on the risk of flight and:

A)whether they have relatives in the United States.
B)their criminal history.
C)whether they are employed.
D)the danger they may pose to the community.

Question 20

In Boumediene v. Bush (2008), SCOTUS:

A)declared unconstitutional the provision of the Military Commission Act of 2006 that stripped federal courts of the power to hear habeas corpus petitions from detainees challenging their designation as enemy combatants.
B)declared constitutional the provision of the Military Commission Act of 2006 that stripped federal courts of the power to hear habeas corpus petitions from detainees challenging their designation as enemy combatants.
C)determined that the Constitution does not protect enemy combatants.
D)determined that enemy combatants must be tried in court martial proceedings.

Question 21

What viewpoint calls for trying all foreign suspects by military commissions?

A)the terrorist-acts-as-enemy-combatants view
B)the terrorist-acts-as-crime view
C)the terrorist-acts-as-suspect view
D)the terrorist-acts-as-war view

Question 22

What provision of the Patriot Act amended FISA so that individuals engaged in international terrorism don't have to be linked to a specific foreign power to be subject to FISA search warrants and FISC proceedings?

A)the business records provision
B)the grand jury provision
C)the lone wolf provision
D)the national security provision

Question 23

The FBI is both a law enforcement agency and an intelligence agency.

Question 24

A military commission is composed of a panel of:

A)civilian judges who decide war crime cases.
B)civilian judges and military officers who decide war crime cases.
C)military officers who decide war crime cases.
D)military officers who decide violations of the Uniform Code of Military Justice.

Question 25

In which document did the U.S. Congress give the president the authority "to use all necessary force against those nations, organizations, or persons he determines planned, authorized, committed, or aided the terrorist attacks" on 9/11?

A)the Terrorist Surveillance Program
B)the Authorization for Use of Military Force
C)the Military Order of November 13, 2001
D)the Presidential Proclamation

Question 26

Which of the following requires that the U.S. Attorney General take into custody and detain during removal proceedings any alien who has committed a fairly long list of crimes?

A)the Illegal Immigration Reform and Immigrant Responsibility Act
B)the Immigration Act
C)a recent presidential Executive Order
D)SCOTUS's decision in U.S. v. Martinez-Fuerte

Question 27

The jurisdiction of military commissions applies only to noncitizens.

Question 28

In U.S. v. Martinez-Fuerte (1976), SCOTUS held that:

A)police can constitutionally stop a vehicle at a fixed checkpoint for a brief questioning of the occupants, even though they have no reason to believe the vehicle contains illegal aliens.
B)police stopping vehicles at a fixed checkpoint without reasonable suspicion that the vehicle contains illegal aliens violates the Fourth Amendment.
C)the Fourth Amendment requires police to have probable cause to believe a vehicle contains illegal aliens before they can stop it at a fixed checkpoint.
D)it is constitutional for police to stop a vehicle at a fixed checkpoint, and they can search the entire vehicle and its occupants without reasonable suspicion or probable cause.

Question 29

What viewpoint calls for trying those who commit terrorist acts in U.S. Criminal Courts?

A)the terrorist-acts-as-crime view
B)the terrorist-acts-as-enemy-combatants view
C)the terrorist-acts-as-suspect view
D)the terrorist-acts-as-war view

Question 30

The Military Order of November 13, 2001:

A)allows the secretary of defense to detain noncitizens who are suspected of being members of al Qaeda.
B)allows the secretary of defense to detain American citizens who are suspected of being members of al Qaeda.
C)authorizes the use of military force against individuals suspected of being involved in the 9/11 attacks on the United States.
D)allows federal law enforcement agencies to arrest suspected terrorists.

Question 31

Which of the following terms refers to persons born outside the United States who are now either citizens or permanent legal residents?

A)aliens
B)refugees
C)persons
D)immigrants

Question 32

The Patriot Act created National Security Letters.

Question 33

Roving wiretaps apply:

A)to cell phones only.
B)to particular devices.
C)to particular people.
D)to businesses.

Question 34

In order to be considered a "deportable alien," a person must:

A)deny his or her deportability when questioned by officials.
B)have been found deportable by the Supreme Court.
C)refuse to cooperate with officials.
D)admit to his or her deportability when questioned by officials or have been found deportable by an immigration judge.

Question 35

In the case Rasul v. Bush (2004), SCOTUS ruled that:

A)noncitizen detainees who have been declared enemy combatants and detained in areas controlled by the United States cannot petition for habeas corpus in federal courts.
B)noncitizen detainees who have been declared enemy combatants and detained in areas controlled by the United States can petition for habeas corpus in federal courts.
C)noncitizen detainees who have been declared enemy combatants must be tried in federal courts in the United States.
D)the right to habeas corpus is suspended during war time.

Question 36

In a sneak-and-peek search warrant:

A)law enforcement officials first serve the warrant on the occupants but conduct the actual search while the occupants are not present.
B)law enforcement officials seek the search warrant after they first conduct a warrantless search of the premises to look around.
C)because of the danger involved, officers get a special warrant that allows them to sneak into the place to be searched without first knocking on the door to serve the warrant.
D)officers are allowed to enter a privately owned place without the owner or occupant consenting or even knowing about it.

Question 37

Stopping travelers in vehicles at a fixed checkpoint for brief questioning about their citizenship and immigration status:

A)violates the Fourth Amendment search and seizure requirements.
B)is not considered a seizure under the Fourth Amendment.
C)is considered a seizure under the Fourth Amendment but has been held to be constitutional.
D)is considered a seizure only if officials detain the travelers for a significant amount of time.

Question 38

Sneak-and-peek searches were first created by the USA Patriot Act.

Question 39

Military commissions try military personnel for violating the Uniform Code of Military Justice.

Question 40

In re National Security Letter (2013)involved a San Francisco U.S. District Court that held that:

A)an NSL cannot be used for Internet Service Providers.
B)issuing an NSL does not violate the First Amendment.
C)the First Amendment is not an issue with regard to NSLs.
D)issuing an NSL violates the First Amendment.

Question 41

Out of the thousands of National Security Letters issued by the FBI, more than half have been challenged in court.

Question 42

Aliens and immigrants who commit a "new" crime while on U.S. soil are entitled to the full protection of all the rights and proceedings provided to a U.S. citizen.

Question 43

Questioning a person without Mirandizing first does not violate the Fifth Amendment right against self-incrimination.

Question 44

SCOTUS has ruled that stopping travelers at fixed checkpoints for brief questioning about their citizenship or immigration status is constitutional.

Question 45

A panel of military officers with the authority to try enemy combatants for war crimes is a(n)_______________ ________________.

Question 46

Counterterrorism and counterintelligence efforts have evolved to keep up with the increasing sophistication of _______________.

Question 47

Searches of private places without the consent or knowledge of the occupants are called _______________-and-_______________ searches.

Question 48

Sneak-and-peek warrants are a variation of no-knock entries.

Question 49

The USA Patriot Act expanded the power of the FBI to monitor and search suspects in counterterrorism investigations.

Question 50

The _______________ approach and FBI _______________ operations are preventative counterterrorism and counterintelligence tactics.

Question 51

The U.S. Department of Justice encourages agents to interpret the _______________ _______________ exception to the Miranda rule broadly in terror cases.

Question 52

Ordinary federal courts are also referred to as _______________ _______________ courts.

Question 53

The _______________ Administration declared that most of the detainees captured in the war in Afghanistan were unlawful enemy combatants.

Question 54

Collecting huge volumes of metadata about U.S. persons does not violate their rights.

Question 55

_______________ are people who have been forced to leave their country to escape war, persecution, or natural disaster.

Question 56

An open-ended nondisclosure provision that bars recipients from disclosing facts or contents of a National Security Letter is called a(n)_______________ order.

Question 57

In Demore v. Kim , SCOTUS ruled that mandatory detention for criminal aliens pending removal proceedings always violates due process.

Question 58

There is no publicly available official count of terrorist sting operations.

Question 59

Acts committed during wartime that inflict needless suffering and damage when pursuing a military objective are called _______________ _______________.

Question 60

It has been the national policy of the United States for many years to limit immigration into the country.

Question 61

Identify and describe the significance of the three sources that have affected the balance between security and individual privacy in the detention of terrorist suspects since 9/11.

Question 62

Identify the sources of authority for the Military Order of November 13, 2001, and describe the jurisdiction of military commissions created by the order.

Question 63

What is the relationship of the Miranda warnings and of the public safety exception to terrorism suspects? Provide an example of the difficulty law enforcement agents must address when dealing with Miranda in the effort to prevent terrorism.

Question 64

What are National Security Letters (NSL)? How do they assist the FBI in preventing terrorism?

Question 65

What is the Foreign Intelligence Surveillance Act? Why is it important for the war on terrorism?