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Rights of the Accused
Rights of the Accused
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1
What Amendment did Escobedo claim had been violated when he was in police custody?
14th Amendment
4th Amendment
5th Amendment
6th Amendment
2
The governments duty to follow fair procedures set by law when carrying out government functions
search warrant
exclusionary rule
Procedural due process
Due Process
3
Why was T.L.O. initially escorted to the principal's office?
T.L.O. was caught selling marijuana on school grounds
T.L.O. was caught smoking in the bathroom
T.L.O. was in trouble for fighting
T.L.O. was forcing another girl's head down the toilet.
4
Nationality Act of 1940 relates to which of the following cases?
Norris v AL
Trop v. Dulles
Mapp v OH
Powell v AL
5
Which constitutional principle was challenged in the
Norris v. AL
case?
Right to Trial by Jury in the Fifth Amendment
The Freedom of Religion in the First Amendment
Freedom from self-incrimination of the Fifth Amendment
The Equal Protection Cause of the Fourteenth Amendment
6
The above quote is the result of which of the following cases?
T.L.O. vs NJ
Miranda vs. Arizona
Brown vs. Board of Education II
Escobedo vs. IL
7
In Plessy v. Ferguson (1896), Harlan's opinion goes against the majority opinion on the Supreme Court that
1st Amendment did not protect racist propaganda by the KKK & similar groups
African Americans were not citizens and could not vote or hold office
facilities could be segregated by race if they were "separate but equal"
Jim Crow laws were a violation of the Constitution
8
What is the meaning of "double jeopardy"?
You cannot be tried for the same crime twice
Right to face the accusers
You have a right to an attorney
Evidence was not presented
9
Based on
Plessy v. Ferguson
(1896), which of the following best describes the impact of "separate but equal"?
Redeemed southern states rejected the "separate but equal" standard.
implementing the "separate but equal" experienced decades of racial harmony
Northern states refused to apply the "separate but equal" standard
Jim Crow laws proliferated throughout the South b/c of "separate but equal"
10
Which of the following gave Principal Choplick probable cause that T.L.O. might be using marijuana?
Choplick spotted cigarette rolling papers in T.L.O.'s bag
T.L.O. smelt like cigarette smoke?
Choplick spotted a business card that said "Marijuana User" in TLO's purse
Choplick spotted a pot with a suspicious plant in T.L.O.'s bag
11
The 5th Amendment relates to which of the following?
Freedom of religion
Rights of the accused
Search and seizure
Right to bear arms
12
A political scientist would most likely use
Brown v. BOE of Topeka II
(1955) to illustrate which of the following?
SCOTUS pushed the issue of desegregation too fast
SCOTUS underestimated the depth of southern resistance to desegregation.
path towards recognition of Civil Rights in the U.S. was quick and painless
Vague/gentle SCOTUS directives by are the best way to gain compliance
13
What was the outcome of Plessy v Ferguson?
Plessy's 13th and 14th had been violated by the LA train car law
Fed'l gov't has no jurisdiction bc of the Commerce Clause
SCOTUS upheld "separate but equal" on trains only
"separate but equal" LA law didnt violate the 14th Equal Protection Clause
14
Plessy and those who worked with him were trying to challenge
Reconstruction
the Brown v. Board of Education case
equal pay for equal work
Segregation and the Jim Crow laws
15
In
Plessy
, the main argument of the dissenting opinion rested upon which of the following Constitutional ideas?
The Equal Protection Clause
The Commerce Clause
The Free Exercise Clause
The Free Assembly Clause
16
In
Mapp v Ohio
, SCOTUS stated, "Evidence that is taken illegally cannot be used against someone in court." This is the
Obtaining evidence rule
Expository Rule
Exclusionary rule
4th Amendment rule
17
Which of these rights is not afforded through this Amendment?
Speedy trial
Right to an attorney
Freedom from unreasonable search & seizure
Right to a formal indictment
18
The concurring opinion of
Brown v. BOE of Topeka II
(1955) is most closely associated with which political philosophy?
Federalism
Corporation
Totalitarianism
Confederalism
19
The
Brown
decision was controversial for a variety of reasons, but which of the following is most evident?
The Court condemned segregated schools only in the South
Most of the all-black schools were not physically equal
The decision was based on tangible, or physical, factors
The Court used psychological evidence to support their case
20
In the case of
Malloy v Hogan
, what was the crime that Malloy was initially charged with?
Murder
Contempt of court
Illegal gambling
Theft
21
The point of view expressed in
Brown v. BOE Topeka, I
(1954) is indicative of a continuation of which of the following?
the US taking Jim Crow to center stage
Fedl Govt having control over secondary education
the NAACP lacked political skill to achieve real change
SCOTUS was hesitant to intervene in education
22
Both
Mapp v. O
H(1961) &
Miranda v. A
Z(1966) are landmark SCOTUS cases that expanded protections for criminal defendants
Miranda v. AZ dealt w exclusion of evidence obtained thru unlawful searches
Mapp v. OH ruled suspects must be informed of their right to remain silent
Miranda est the requirement for police to inform suspects of their rights
Mapp v. OH required evidence obtained w/o a warrant be excluded from trial
23
Plessy set the precedent "separate but equal" allowed segregation on trains, but in Brown, SCOTUS ruled that segregation
was inherently unequal
was sometimes equal
was unacceptably unequal
was bilaterally unequal
24
Why were the nine African-American young men being arrested in
Powell v. Alabama
?
They wouldn't leave the train when asked to bc they wanted a refund
They beat up the other men so badly, most had to go to the hospital.
Two caucasian females accused them of rape.
Caucasian men called the police after they were thrown off of the train.
25
The concurring opinion in
Plessy v. Ferguson
is most closely associated with which political belief?
issues involving intrastate commerce are out of purview of the fedl govt
13th & 14th Amend dealt w issues of the Civil War & not during peace
The federal government should actively eliminate prejudice in the U.S.
federal gov't shouldnt intervene w the state unless there is discrimination
26
In
Trop v. Dulles
, what did the Supreme Court rule regarding the Nationality Act of 1940? SCOTUS held...
that the law was unconstitutional.
the punishment of denationalization under that law was unconstitutional.
the law was constitutional, but applied wrong in the Trop case.
under the principle of proportionality, the law needed to be amended.
27
In
Powell v. Alabama
(1932), SCOTUS ruled that the defendants' rights had been violated. What was the issue?
The defendants' right to a public trial was violated.
The defendants were denied a fair trial due to lack of legal counsel.
The right to freedom of speech was infringed upon.
The right to be free from cruel and unusual punishment was violated.
28
Which of the following best describes the students whom the decision in Brown in applicable?
All students in public grade and high schools in the United States
All public school students in Topeka, Kansas
All students in the school attended by the plaintiffs in the case
Only the plaintiffs who brought the case
29
Gideon v Wainwright
(1963) has the most in common with which of the following Supreme Court cases?
Gitlow v. New York (1925)
Engel v. Vitale (1962)
Miranda v. Arizona (1966)
McDonald v. Chicago (2010)
30
Plessy v. Ferguson
(1896) most likely resulted in a majority decision because
a majority of the Supreme Court justices were southerners
a # of precedents upheld the separation of the races in the southern states
racist sentiments were confined to the South at this time
SCOTUS couldn't find any difference in quality btwn the passenger cars
31
Which of the following best describes why SCOTUS is so frequently asked to decide cases that involve civil liberties?
need of the gov't to protect society is in conflict w rights of individuals
The amendments within the Bill of Rights include enforcement provisions
SCOTUS is required to grant certiorari in cases involving civil liberties.
Gov't regulations of civil liberties have become less frequent over time
32
In Plessy v. Ferguson (1896), Harlan's opinion was consistent with the beliefs expressed by the
supporters of Jim Crow laws
supporters of poll taxes
writer W. E. B. Du Bois
Supreme Court in the civil rights cases of 1883
33
Which of the following is most likely to be a violation of the Bill of Rights?
The government punishes individuals for speech or expression
The government restricts the right of individuals to own weapons
The government establishes a national religion.
The government refuses to provide a defendant with his choice of attorney
34
Why did SCOTUS in
Griffin v. I
L say that the Post-Conviction Hearing Act creatd a constitutional violation 4 defendants?
Because the act provided an attorney only for rich people.
Because the act required a payment to the judges to get a favorable appeal.
the Act required the def to pay for transcripts in order to get an appeal
Because the act was vague.
35
Which of the following is specifically guaranteed in the Bill of Rights?
Right to vote
Right to an impartial jury
Right to healthcare
Right to education
36
In Vernonia v. Acton (1995), the SCOTUS ruled on the constitutionality of drug testing for high school athle
drug testing is constitutional to prevent drug use & maintain discipline
drug testing is constitutional only in cases with parental consent
Drug testing is constitutional in all cases
Drug testing student-athletes violates 4th Amendment
37
The outcome of Gideon v Wainwright
(1963) rests most heavily on which of the following reflected in the Constitution?
The right against double jeopardy in the Fifth Amendment
The right against self-incrimination in the Fifth Amendment
The right to counsel in the Sixth Amendment
The right to trial by an impartial jury found in the Sixth Amendment
38
What did Homer Plessy do that got him arrested?
Sat at a white only section of a lunch counter.
Sat in the white only part of the bus.
Took a seat in the white only car of a train.
All of these
39
The concurring opinion in
Plessy v. Ferguson
(1896) relied on which political themes present in the U.S. Constitution?
Popular sovereignty
Limited government
Separation of powers
Checks and balances
40
Which of the following did the Supreme Court do in the case of
Norris v. Alabama
?
exclusion of blacks from juries denied Scottsboro boys equal protection
The Court brushed aside the 1st Amendment issue
The Supreme Court ruled that "separate but equal" is constitutional
The Supreme Court established the reading of Miranda Rights upon arrest
41
What three court systems did
Powell v. Alabama
go through?
The AL Supreme Court, the AL Ultimate Court, and the SCOTUS.
The trial court, AL Supreme Court, and the United States Supreme Court.
The trial court, the secondary court, and the final court.
The trial court, the Second trial court, and the Ultimate court.
42
A reasonable belief that a crime has occurred or that evidence may be present?
Probable Cause
Pro Cause
Justifiable Cause
Cause & Effect
43
Which of the following best describes the reason used to support the SCOTUS decision racially segregated education is
Separation based on age creates a feeling of inferiority
The school facilities available to the students were not equal
Equal protection requires that laws make no distinctions btwn groups of ppl
Racial segregation creates psychological harm
44
Which of the following best describes the initial reaction to the Brown decision?
Southern leaders supported the decision, but the voters did not
President Eisenhower provided active support for the decision
Resistance was widespread and initially few schools were integrated
It was implemented with little opposition in larger cities
45
The ruling in which case directly reversed the decision in Plessy v Ferguson, just half a century later?
Marbury v. Madison
Brown v. Board of Education of Topeka, Kansas
Scott v. Sanford
Proprietors of Charles River Bridge v. Proprietors of Warren Bridge
46
While officers need to have probable cause to search a home w/o a warrant, in schools they need reasonable suspicion.
4th Amendment
1st Amendment
8th Amendment
2nd Amendment
47
Which of the following most accurately describes civil liberties?
The basic freedoms and protections that belong to everyone
basic freedoms guaranteed, either explicitly or through interpretation
The rights that cannot be taken away
basic rights of individuals 2 be free from unequal treatment/discrimination
48
In the event a court rules that the police have gathered evidence against you illegally based on the 4th protections
Due process
Ex post facto
The Warrantless Evidence Clause
The Exclusionary Rule
49
Both
Powell v. Alabama
(1932) &
Gideon v. Wainwright
(1963) address the right to counsel. Which is the best summary?
Powell est. right to counsel in capital cases
Gideon limited to death penalty
Powel ruled defendants have right to counsel
Gideon extended counsel right to all felony cases
50
Which Amendment is the best to argue for Homer Plessy?
13th Amendment
14th Amendment
5th Amendment
10th Amendment
51
Plessy v.Ferguson
(1896) reflects wat shift in the relationship btwn the fed'l gov't & the South following the Civil War?
the south accepted the fed'l gov'ts insistence on racial equality
that issue of race was best handled by the southern states; not fed'l gov't
South led the way to recognize the civil rights of black citizens
fed'l gov't supervised the southern states
