Deck 4: The Rule of Law

Question 1

Which of the following penal sanctions is intended to control future conduct in the best interests of the entire community?

A) compensation
B) restitution
C) regulation
D) treatment

Answer 1

C

Question 2

Which of the following penal sanctions is used primarily to prevent undesired conduct and to provide retribution?

A) punishment
B) restitution
C) regulation
D) treatment

Answer 2

A

Question 3

There are at least three different reasons why the U.S.Supreme Court did not make the Fourteenth Amendment incorporate the Bill of Rights for approximately 100 years.Three are listed below.Which of the following is NOT one of the reasons listed in your textbook?

A) There is little evidence that supporters of the Fourteenth Amendment intended it to incorporate the Bill of Rights
B) It was an issue of states' rights.
C) By 1937, a series of court decisions had established the precedent that the due-process clause of the Fourteenth Amendment did not require states to follow trial procedures mandated at the federal level by provisions in the Bill of Rights.
D) Voters frequently showed their disapproval of following trial procedures mandated by provisions of the Bill of Rights, interpreting them as a possible threat to their civil rights.

Answer 3

D

Question 4

An arrest warrant is issued only if substantial and trustworthy evidence supports what two conclusions?

A) a violation of the law has been committed, and the person will be found in the place to be searched
B) a violation of the law has been committed, and the person to be arrested committed the violation
C) the person to be arrested committed the violation, and the person will be found in the place to be searched
D) the specific objects to be searched for are connected with criminal activity, and the objects will be found in the place to be searched

Question 5

The ____ states that excessive bail shall not be required.

A) Eighth Amendment
B) Fifth Amendment
C) Sixth Amendment
D) Fourth Amendment

Question 6

The ____ guarantees a right to a speedy and public trial.

A) Eighth Amendment
B) Fifth Amendment
C) Sixth Amendment
D) Fourth Amendment

Question 7

Most of the procedural,or due process rights,given to criminal suspects or defendants in the United States are found in:

A) common law.
B) the Bill of Rights.
C) the First Amendment to the Constitution.
D) Federal Rules of Criminal Procedure.

Question 8

It was the common-plea decisions made by judges in eyre that formed the body of legal precedent that became known as the:

A) forfeiture.
B) king's peace.
C) Norman court system.
D) common law.

Question 9

Which of the following are explorations or inspections,by law enforcement officers,of homes,premises,vehicles,or persons,for the purpose of discovering evidence of crimes or persons who are accused of crimes?

A) searches
B) warrants
C) arrests
D) seizures

Question 10

The Supreme Court did not interpret the Fourteenth Amendment as incorporating the Bill of Rights until:

A) the 1860s.
B) the 1960s.
C) the 1980s.
D) the 19th century.

Question 11

The principle of using precedents to guide future decisions in court cases is called:

A) stare decisis.
B) ex post facto.
C) eyre.
D) common law.

Question 12

Which of the following refers to the scope of criminal law?

A) specificity
B) uniformity
C) politicality
D) regularity

Question 13

Administrative or regulatory agencies are important to the criminal law because:

A) they render decisions that have the force of law
B) habitual violations of their rules may be addressed through criminal proceedings
C) legislatures often enact criminal statutes based on their recommendations
D) all of the choices are correct

Question 14

A ____ is a written order from a court directing law enforcement officers to conduct a search or to arrest a person.

A) subpoena
B) warrant
C) writ
D) seizure

Question 15

In case law,the decision becomes a potential basis,or ____,for deciding the outcomes of similar cases in the future.

A) stare decisis
B) precedent
C) ordinance
D) common law

Question 16

The criminal law of the United States,for the most part,is derived from the laws of:

A) colonial America.
B) Israel.
C) Sumeria.
D) England.

Question 17

Which of the following refers to the way in which the criminal law should be enforced?

A) specificity
B) uniformity
C) politicality
D) regularity

Question 18

The ____ protects Americans from "unreasonable searches and seizures."

A) Eighth Amendment
B) Fifth Amendment
C) Sixth Amendment
D) Fourth Amendment

Question 19

A crime is a violation of the____ of a political jurisdiction.

A) tort
B) civil law
C) penal code
D) morals

Question 20

Which of the following refers to the legitimate source of criminal law?

A) specificity
B) uniformity
C) politicality
D) regularity

Question 21

In which of the following cases was the exclusionary rule created?

A) Trop v. Dulles
B) Weeks v. United States
C) Plessey v. Ferguson
D) Johnson v. United States

Question 22

The authors of a study on wrongful convictions conservatively estimated that approximately ____ of all felony convictions are in error.

A) 5 percent
B) 8 percent
C) 0.5 percent
D) 2.5 percent

Question 23

Which of the following is more than a gut feeling because it includes the ability to articulate reasons for the suspicion?

A) probable cause
B) reasonable suspicion
C) preponderance of evidence
D) mere suspicion

Question 24

In Weems v.United States (1910),the Court stated three general findings regarding cruel and unusual punishment,which are listed in your text.To which Amendment do these findings apply?

A) Fourteenth Amendment
B) Sixth Amendment
C) Eighth Amendment
D) Fifth Amendment

Question 25

The right to counsel may be waived,but only if the waiver is made:

A) by the defendant's attorney.
B) knowingly, intelligently, and voluntarily.
C) by the defendant and at least two witnesses known to the defendant.
D) within 14 days after charges are filed.

Question 26

_____ is a formal means of social control that involves the use of rules that are interpreted,and are enforceable,by the courts of a political community.The function of the rules is to set limits to the conduct of the citizens,to guide the officials (police and other administrators),and to define conditions of deviance or unacceptable behavior.

A) substantive law
B) procedural law
C) civil law
D) criminal law

Question 27

In which of the following cases was the exclusionary rule extended to state courts?

A) Mapp v. Ohio
B) Terry v. Ohio
C) Hurtado v. California
D) Benton v. Maryland

Question 28

Your textbook names 10 critical stages during which the right to counsel has been extended.Three are listed below.Which of the following is NOT one of these critical stages?

A) questioning by law enforcement officers of suspects not in police custody
B) arraignment, under most circumstances
C) the plea bargaining process
D) preliminary hearings

Question 29

The purpose of criminal justice is to enforce the criminal law.

Question 30

Which of the following is evidence that more likely than not outweighs the opposing evidence,or sufficient evidence to overcome doubt or speculation?

A) probable cause
B) reasonable suspicion
C) preponderance of evidence
D) mere suspicion

Question 31

What is the most important contributing factor to wrongful convictions?

A) inadequate legal representation
B) eyewitness misidentification
C) guilty pleas made voluntarily by innocent defendants
D) judicial errors, bias, or neglect of duty

Question 32

What do the following three Supreme Court cases share in common: United States v.Leon,Massachusetts v.Sheppard,and Nix v.Williams?

A) they define the meaning of seizure
B) b. they provide examples of searches incident to an arrest
C) c. they provide exceptions to the exclusionary rule
D) d. they provide examples of probable cause

Question 33

The exclusionary rule originally had three primary purposes,which are listed here.Which of the following is not one of those purposes?

A) To maintain judicial integrity
B) To protect individual rights from police misconduct
C) To prevent police misconduct
D) To deter the police from violating people's Fifth Amendment rights

Question 34

Which of the following is NOT a provision of the USA PATRIOT Act?

A) the FBI is allowed to search private records without a warrant and probable cause and without having to reveal to anyone what it has done
B) the FBI no longer needs probable cause to conduct some types of wiretaps of criminal suspects
C) it creates the new crime of "domestic terrorism"
D) it prohibits the government from initiating surveillance or prosecution of U.S. citizens who only provide lodging to "terrorists"

Question 35

In 1969,in the case of Chimel v.California,the Supreme Court:

A) broadened the scope of searches to include any suspicious people.
B) limited the scope of U.S. citizens to appeal verdicts based on illegally seized evidence.
C) limited the scope of searches incident to an arrest.
D) broadened the rights of legal aliens to protect them from illegal searches and seizures.

Question 36

In which of the following cases did the Supreme Court extend the 6th Amendment right to be represented by an attorney to indigent defendants facing felony charges in state courts?

A) Argersinger v. Hamlin
B) Gideon v. Wainwright
C) Chandler v. Fretag
D) Powell v. Alabama

Question 37

In which of the following cases did the Supreme Court first extend the 5th Amendment protection against compelled self-incrimination to trials in state courts?

A) Miranda v. Arizona
B) Escobedo v. Illinois
C) Malloy v. Hogan
D) Arizona v. Fulminante

Question 38

The standard of proof necessary to find a defendant guilty in a criminal trial is _____.

A) probable cause
B) preponderance of the evidence
C) beyond a reasonable doubt
D) reasonable suspicion

Question 39

In jury trials,when does jeopardy attach?

A) when the first witness has been sworn in
B) when the verdict is read
C) when the judge passes sentence upon the convicted person
D) when the entire jury has been selected and sworn in

Question 40

In which of the following cases did the Supreme Court broaden the protection against compelled self-incrimination to cover nearly all custodial police interrogations?

A) Miranda v. Arizona
B) Escobedo v. Illinois
C) Brown v. Mississippi
D) Arizona v. Fulminante

Question 41

A warrantless search not incident to an arrest may be justified under the Supreme Court's exigent-circumstances doctrine.

Question 42

Match the Amendment with the right or protection listed below.Answers may be used more than once.
a.Fourth Amendment
b.Fifth Amendment
c.Sixth Amendment
d.Eighth Amendment
e.Fourteenth Amendment
Right to confront opposing witnesses

Question 43

For legal purposes,a particular act may considered either a tort or a crime or both,depending on how it is handled.

Question 44

The Burger and Rehnquist Supreme Courts from the 1970s until the present have actively preserved the work of the Warren Court.

Question 45

An uncorroborated anonymous tip is legally admissible evidence at trial.

Question 46

Substantive law,sometimes called adjective or remedial law,governs the ways in which the procedural laws are to be administered.

Question 47

The institution of the eyre was created to make the dispensing of justice a profitable enterprise for the king and to make sure the local courts remained under his control.

Question 48

A person may refuse a warrantless search except under certain conditions.

Question 49

The Fourth Amendment requires that a search warrant contain a particular description of the place to be searched and the person or things to be seized.

Question 50

Arguably,the most important procedural safeguard in the Fifth Amendment is the protection against unreasonable search and seizure.

Question 51

A tort is a violation of the criminal law.

Question 52

Mere suspicion is equivalent to a "gut feeling."

Question 53

Match the Amendment with the right or protection listed below.Answers may be used more than once.
a.Fourth Amendment
b.Fifth Amendment
c.Sixth Amendment
d.Eighth Amendment
e.Fourteenth Amendment
Protection against excessive bail and fines

Question 54

The Sixth Amendment right to a speedy and public trial was extended to trials in state courts in 1967.

Question 55

Under the USA PATRIOT Act,members of such activist groups as Operation Rescue,Greenpeace,or the World Trade Organization protesters could be charged with domestic terrorism.

Question 56

A warrant is a written order issued by a court that requires a person to appear at a certain time and place to give testimony.

Question 57

Formal,written laws are an ancient phenomenon of human existence.

Question 58

An indigent criminal defendant has a right to state-furnished counsel even if there is no possibility of incarceration.

Question 59

The constitutional protection against excessive bail and fines was extended to the states in 1965.

Question 60

According to the Supreme Court,law enforcement agents must first obtain a search warrant before using high-tech devices,such as thermal-imaging devices,to gather information from inside a home.

Question 61

Match the Amendment with the right or protection listed below.Answers may be used more than once.
a.Fourth Amendment
b.Fifth Amendment
c.Sixth Amendment
d.Eighth Amendment
e.Fourteenth Amendment
Protection against double jeopardy

Question 62

Match the Amendment with the right or protection listed below.Answers may be used more than once.
a.Fourth Amendment
b.Fifth Amendment
c.Sixth Amendment
d.Eighth Amendment
e.Fourteenth Amendment
Protection against searches without warrants stating probable cause

Question 63

Match the Amendment with the right or protection listed below.Answers may be used more than once.
a.Fourth Amendment
b.Fifth Amendment
c.Sixth Amendment
d.Eighth Amendment
e.Fourteenth Amendment
Protection against cruel and unusual punishment

Question 64

Define preponderance of evidence,clear and convincing evidence,and beyond a reasonable doubt.

Question 65

Match the Amendment with the right or protection listed below.Answers may be used more than once.
a.Fourth Amendment
b.Fifth Amendment
c.Sixth Amendment
d.Eighth Amendment
e.Fourteenth Amendment
Right to speedy and public trial

Question 66

Match the Amendment with the right or protection listed below.Answers may be used more than once.
a.Fourth Amendment
b.Fifth Amendment
c.Sixth Amendment
d.Eighth Amendment
e.Fourteenth Amendment
Protection against compelled self-incrimination

Question 67

Define mere suspicion,reasonable suspicion,and probable cause.

Question 68

Match the Amendment with the right or protection listed below.Answers may be used more than once.
a.Fourth Amendment
b.Fifth Amendment
c.Sixth Amendment
d.Eighth Amendment
e.Fourteenth Amendment
Right to due process

Question 69

Name the five ideal features of good criminal laws.

Question 70

Match the Amendment with the right or protection listed below.Answers may be used more than once.
a.Fourth Amendment
b.Fifth Amendment
c.Sixth Amendment
d.Eighth Amendment
e.Fourteenth Amendment
Right to counsel

Question 71

Your textbook names six provisions of the Sixth Amendment.Name four of them.

Question 72

Match the Amendment with the right or protection listed below.Answers may be used more than once.
a.Fourth Amendment
b.Fifth Amendment
c.Sixth Amendment
d.Eighth Amendment
e.Fourteenth Amendment
Protection against unreasonable search and seizure

Question 73

Briefly summarize the meanings of the Fourth,Fifth,Eighth,and Fourteenth Amendments.