GOV CH-20 CIVIL LIBERTIES

Name:

Multiple Choice
Identify the choice that best completes the statement or answers the question.

MAIN IDEAS

The Supreme Court cases Jones v. Mayer (1968) and Runyon v. McCrary (1976) have

a.	weakened the 13th Amendment by denying Congress the right to outlaw discrimination.
b.	said that charges of on-the-job discrimination should be handled according to the discretion of the individual States.
c.	strengthened the 13th Amendment by upholding the right of Congress to outlaw discrimination against minorities.
d.	avoided dealing with the problem of discrimination by individuals against minorities.

The right to privacy inherent in the concept of due process has been applied with the most controversy recently in cases involving

a.	bearing arms.
b.	searches and seizures.
c.	school attendance.
d.	abortion.

To have a fair trial, a person is guaranteed all of the following EXCEPT

a.	trial by a jury.
b.	media coverage if demanded.
c.	adequate defense.
d.	trial within a reasonable time.

According to the Supreme Court, capital punishment

a.	is most fairly applied through use of a two-stage trial.
b.	is unconstitutional.
c.	is cruel and unusual punishment.
d.	can be a mandatory penalty for certain crimes.

The writ of habeas corpus is intended to prevent

a.	the accused from being unjustly arrested and imprisoned without cause.
b.	a prisoner from being tried for the same crime twice.
c.	defendants from being denied a lawyer.
d.	the accused from being brought before a judge.

The main purpose of the exclusionary rule is to

a.	prevent people who are clearly guilty from going free.
b.	deter police misconduct.
c.	allow certain kinds of "tainted" evidence to be used in court.
d.	allow for honest mistakes by police officers.

A(n) _____, requires the police to bring a prisoner before the court and explain why he or she should not be released.

a.	writ of habeas corpus
b.	indictment
c.	ex post facto law
d.	bill of attainder

The most important difference between procedural and substantive due process is that

a.	procedural due process deals with governmental methods and how they are used, whereas substantive due process deals with the fairness of laws.
b.	the Supreme Court can rule on cases involving procedural due process but the States rule on cases of substantive due process.
c.	substantive due process was recognized first by the Supreme Court.
d.	only procedural due process is covered under the 14th Amendment Due Process Clause.

The main reason that there is no exact definition of the due process guarantees is that the

a.	courts do not want to give away too much specific information to potential lawbreakers.
b.	Constitution is too specific.
c.	guarantees protect citizens against unfair processes, but not unfair laws.
d.	Supreme Court only defines the guarantees on a case-by-case basis.

10.

Under the 2nd Amendment,

a.	the States cannot limit a person's right to own a gun.
b.	there is no limitation on the free flow of guns within the United States.
c.	no citizen may own a gun.
d.	each State has the right to have a militia.

11.

In Furman v. Georgia, 1972, the Court ruled that

a.	putting two prisoners in a cell built for one is considered cruel and unusual punishment.
b.	the death penalty is "cruel and unusual punishment."
c.	existing death penalty laws were unconstitutional because they gave too much discretion to judges and juries.
d.	States can impose the death penalty for the sale of narcotics.

12.

The States' police power is defined as the right to

a.	allow its citizenry to keep and bear arms.
b.	keep a militia and an armed law enforcement agency.
c.	punish those who commit crimes against the citizenry.
d.	protect public health, safety, morals, and the general welfare.

13.

The 13th Amendment forbids

a.	the draft.
b.	any form of military service.
c.	slavery and most forms of involuntary servitude.
d.	all of the above.

14.

A grand jury

a.	returns a true bill of indictment when it finds enough evidence to warrant a trial.
b.	conducts its proceedings in public.
c.	plays a role in all federal and most State criminal cases today.
d.	decides the guilt or innocence of those accused of crimes.

15.

When arresting a person, police must

a.	seize the person in a public place.
b.	have probable cause to believe the person is involved in criminal activity.
c.	refrain from searching for destructible evidence.
d.	always have a warrant in order to search for a weapon.

16.

The guarantee against double jeopardy protects a person from being tried

a.	for a federal crime in a State court.
b.	for more than one crime committed at any one time.
c.	twice for the same crime.
d.	for a crime the person did not commit.

17.

Which of the following statements about the 4th Amendment is TRUE?

a.	It applies only to the States.
b.	It has been of little importance in our history.
c.	It prohibits all arrests made without a warrant.
d.	It forbids unreasonable searches and seizures.

18.

Which of the following was declared by the Supreme Court to be "cruel and unusual punishment"?

a.	use of the electric chair as a form of execution
b.	denying inmates needed medical treatment
c.	use of the firing squad as a form of execution
d.	placing two inmates in a cell built for one

19.

The 6th Amendment's guarantee of a speedy and public trial is aimed at

a.	eliminating overcrowded dockets in the nation's criminal courts.
b.	trying those accused of crimes without undue delay and avoiding secret trials.
c.	preventing jurors from being unduly influenced by public opinion.
d.	deterring potential criminals by fear of swift and certain punishment.

20.

The inclusion of two due process clauses in the Constitution reflects the fact that

a.	the Constitution is written poorly in regards to due process.
b.	due process is very easy to define.
c.	due process has two quite different meanings.
d.	the Bill of Rights is for the National Government, and the 14th Amendment is for the States and their local governments.

21.

The main reason the Constitution dealt specifically with the crime of treason was that

a.	treason was not considered a serious crime before the Constitution was written.
b.	the Framers knew the charge of treason can be used for political reasons.
c.	treason is a crime against the country, not against individuals.
d.	the Framers wanted to prevent all treason in order to protect the democracy.

22.

Because the Supreme Court has never found the 2nd Amendment to be within the meaning of the 14th Amendment's Due Process clause,

a.	citizens are strictly forbidden to keep guns in their homes.
b.	citizens are free to keep arms in their home without government restrictions.
c.	States can limit the right to keep and bear arms.
d.	States may not keep militias.

23.

For an arrest to be lawful, police must have either a warrant or

a.	probable cause.
b.	a grand jury indictment.
c.	a bill of attainder.
d.	a writ of habeas corpus.

24.

The only crime that is specifically defined in the Constitution is

a.	treason.
b.	sabotage.
c.	espionage.
d.	forceful government overthrow.

25.

Which of the following requires a warrant?

a.	search of a vehicle if there is probable cause to believe a crime has been committed
b.	mandatory drug-testing of student athletes.
c.	seizure of evidence that is in plain view
d.	the installation of a wiretap.

INTERPRETING CHARTS
Use the chart to answer the following questions.

26.

Which label should appear in the box marked X?

a.	No third degree or coerced confession
b.	Right to appeal
c.	Verdict of jury
d.	No excessive bail

27.

In the chart, what label should appear in the box marked W?

a.	Arrest on warrant or probable cause
b.	No third degree or coerced confession
c.	Verdict of jury
d.	Right to appeal

28.

Which label should appear in the box marked Y?

a.	Arrest on warrant or probable cause
b.	No third degree or coerced confession
c.	Verdict of jury
d.	Right to appeal

29.

Which label should appear in the box marked Z?

a.	Right to appeal
b.	No third degree or coerced confessions
c.	Arrest on warrant or probable cause
d.	Verdict of jury

30.

The fifth box lists two ways the accused can be informed of charges. What is a third way?

a.	writ of habeas corpus
b.	presentment
c.	bill of attainder
d.	Supreme Court ruling

31.

Who is present at the 4^th step?

a.	the jury
b.	the prosecution
c.	both the prosecution and the defense
d.	the defense

32.

The long series of Court rulings on the rights of the accused have established that

a.	society is best protected when the rights of the accused are protected.
b.	every accused person is presumed innocent until proven guilty.
c.	if police do not follow the letter of the law, their conduct may result in a guilty person going free.
d.	all of the above.

33.

The writ of habeas corpus can be suspended during war because in that case

a.	court officers will be unavailable to appear in court.
b.	the entire Constitution has been suspended.
c.	the President assumes the powers of all three branches of government.
d.	the public good outweighs individual civil liberties.

34.

In the guidelines established by the Court in Roe v. Wade, which of the following are considered?

a.	the rights of the mother
b.	the rights of the unborn child
c.	both a and b
d.	neither a nor b

35.

One thing the Civil War proved was that

a.	a distinction would have to made between slavery and involuntary servitude.
b.	the Federal Government had to take control of prohibiting slavery, rather than leave that decision to the States.
c.	racial discrimination led to slavery.
d.	thereafter, the draft would have to be considered “involuntary servitude.”

36.

The guarantees of due process place the burden for meeting these guarantees on

a.	lawmakers.
b.	the police.
c.	both lawmakers and those who execute the laws.
d.	those who execute the laws.

37.

The 4th Amendment is particularly aimed at

a.	protecting an individual’s right to keep and bear arms.
b.	“movable scenes of crime” such as automobiles or boats.
c.	preventing the police from abusing their power.
d.	preventing the use of the exclusionary rule.

38.

The idea that the 13th Amendment applies to the actions of government and of private individuals

a.	was clear since the amendment was ratified in 1865.
b.	was not thought to be the case until more than 100 years after the amendment was ratified.
c.	has been struck down by the Supreme Court in a series of cases dating from the early 1900s.
d.	was not clarified until after the passage of the 14th Amendment.

39.

The central issue in the conflict between the police power and individual rights is whether

a.	individual rights under the 14th Amendment are violated when a State exercises its police power.
b.	the States or the Federal Government should exercise the police power.
c.	the police power is constitutional.
d.	an individual can exercise the police power.

40.

The moratorium placed on the death penalty in Illinois by Governor George Ryan was of particular note because

a.	two of every three Americans support the death penalty.
b.	Governor Ryan had been a “longtime supporter of capital punishment.”
c.	Furman v. Georgia had already struck down the Illinois law.
d.	both b and c

41.

The right to keep and bear arms set out in the 2nd Amendment applies

a.	only to the Federal Government.
b.	only to the States.
c.	to the National Firearms Act of 1934.
d.	to both the States and the Federal Government.

42.

One assumption underlying the establishment of the death penalty as the maximum penalty for treason against the United States is that

a.	only the Federal Government, not the States, can charge a person with treason.
b.	the crime of treason can jeopardize the nation’s very existence.
c.	tyrants have been known to use charges of treason to eliminate their opponents.
d.	treason is the only crime defined in the Constitution.

43.

The 6th Amendment right to a public trial is meant to safeguard the rights of the

a.	public.
b.	defendant.
c.	media.
d.	party filing criminal charges against the defendant.

44.

The issue that tips the scales away from bail toward preventive detention is whether

a.	the defendant is likely to commit a crime before trial.
b.	a defendant needs to prepare for his or her trial.
c.	a person is presumed innocent until proven guilty.
d.	all of the above.

45.

None of the following involve double jeopardy EXCEPT

a.	trying a case a second time in a higher court when the verdict has been appealed.
b.	trying a person for more than one crime committed during a single act.
c.	trying a person for the same crime in both the federal and the State courts.
d.	trying a person for the same crime when a jury has already declared that person innocent.

Matching

IDENTIFYING KEY TERMS
Match each item with the correct statement below. You will not use all the terms.

a.	bill of attainder
b.	capital punishment
c.	probable cause
d.	bench trial
e.	exclusionary rule
f.	double jeopardy

46.

Current polls indicate that two of every three Americans support ____ for those convicted of murder.

47.

The defendant had a(n) ____ with only a judge deciding the case.

48.

The ____ says that evidence gained as a result of an illegal act by police cannot be used against the person from whom it was seized.

49.

The prohibition of ____ prevents a person from being tried twice for the same crime.

IDENTIFYING KEY TERMS
Match each item with the correct statement below. You will not use all the terms.

a.	police power
b.	probable cause
c.	bill of attainder
d.	double jeopardy
e.	Miranda Rule
f.	indictment

50.

A(n) ____ is a formal complaint that the prosecutor lays before a grand jury.

51.

Neither Congress nor the States can pass a(n) ____ that inflicts punishment without a court trial.

52.

The ____ begins with these words: "You have the right to remain silent."

53.

In order to obtain a warrant, police must have ____.