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Constitutional Law
Q:
In Griswold v. Connecticut, Justice Douglas said the Bill of Rights has "penumbras," and he used these penumbras to support the right to privacy. What did he mean by "penumbras," and what are two areas of the Bill of Rights he pointed to as evidence of a right to privacy?
Q:
Contrast substantive due process and the rational basis approach.
Q:
Discuss how the Sixth Amendment interacts with the First Amendment.
Q:
List the rights guaranteed by the Sixth Amendment.
Q:
List the five factors used to determine witness reliability in pre-trial identification procedures.
Q:
Why did the Court disagree with the federal government in Gonzalez v. Oregon?A. The Controlled Substances Act did not reach regulation of medical drugs.B. States can ignore federal laws whenever they feel it is proper to do so.C. States have wide latitude to regulate the lives of their citizens.D. The Court did not disagree with the Controlled Substances Act and, in fact, upheld it.
Q:
Discuss the evolution of the right to be represented by an attorney during a criminal trial.
Q:
U.S. v Windsor _______.A. Struck the Defense of Marriage ActB. Upheld the Defense of Marriage ActC. Dismissed the case for lack of jurisdiction
Q:
The Sixth Amendment requires an impartial and __________jury.
Q:
After he retired, what did Justice Powell say about Bowers v. Hardwick?A. He had voted correctly with the Court's majority.B. He had probably made a mistake in voting to uphold the Georgia law.C. He hoped to revisit the issue in retirement.D. He never said a word about the decision as per Court norms.
Q:
What part of the Missouri abortion law did the Court find constitutional in Webster v. Reproductive Health Services?A. The preamble, due to its claim that life begins at conception.B. The provision that banned public facilities from being used for abortions.C. The provision that banned state employees from performing abortions.D. None of the above.E. Both B and C.
Q:
A ________identification procedure is when only one individual is shown to the victim or witness.
Q:
A document filed against an inmate who has other criminal charges filed against him or her is called a ________.
Q:
In Vernonia School District 47J v. Acton, the Supreme Court ruled that random drug testing of student athletes _______.A. Violates the Constitution because minors are a protected groupB. Violates the Constitution because athletes are treated differently from non-athletesC. Does not violate the Constitution because all forms of random drug testing are constitutionalD. Does not violate the Constitution because students, especially student athletes, have reduced privacy expectations
Q:
In Texas v. Cobb, the Supreme Court ruled that the Sixth Amendment right to counsel is _______-specific, applying only to the crime charged.
Q:
What was the test proposed by O"Connor in herAkron dissent?A. The substantive due process testB. The rational basis testC. The undue burden testD. The abortion protection test
Q:
Impaired ___________identification is a situation in which people of another race have difficulty recognizing facial attributes of other races.
Q:
In general, how has the Supreme Court ruled on the issue of parental consent for minors seeking an abortions?A. It has upheld most requirements of parental consent.B. It has deemed most requirements of parental consent unconstitutional.C. It has allowed doctors to determine if parents should be notified.D. It has yet to hear a case on the issue.
Q:
Where does the word privacy first appear in the Constitution?A. First AmendmentB. Fourth AmendmentC. Fourteenth AmendmentD. It is not in the Constitution
Q:
The Sixth Amendment right to counsel presumes counsel is _________.
Q:
Individuals may appear in court without an attorney, representing themselves, the Latin term for which is _________.
Q:
In Lochner v. New York, the Court relied on what doctrine in its decision?A. Rational basisB. Substantive due processC. Strict scrutinyD. Undue burden
Q:
The geographic location of a trial is known as its ____________.
Q:
Which justice wrote a dissent in Olmstead v. United States that became an important opinion in the right to privacy debate?A. John HarlanB. Potter StewartC. Louis BrandeisD. Harry Blackmun
Q:
In Washington v. Glucksberg and Vacco v. Quill, the Supreme Court _______.A. upheld state laws making assisted suicide a crimeB. struck down state laws making assisted suicide a crimeC. upheld state laws allowing random drug testing in the work placeD. struck down state laws allowing random drug testing in the work place
Q:
The Sixth Amendment provides the accused with an attorney not only during trial but also at every _____________of the criminal prosecution.
Q:
The first two requirements for a criminal trial are that it be speedy and _______.
Q:
On what did Justice O"Connor base her concurring opinion in Lawrence v. Texas?A. Her disagreement with the decision in Bowers v. HardwickB. Her disagreement with the decision in Stanley v. GeorgiaC. The substantive component of the Fourteenth Amendment's due process clauseD. The Fourteenth Amendment's equal protection clause
Q:
Lawrence v. Texas overruled what previous decision?A. Stanley v. GeorgiaB. Bowers v. HardwickC. Griswold v. ConnecticutD. Katz v. United States
Q:
The Sixth Amendment requires that the trial occur in the district in which the crime was committed.
a. True
b. False
Q:
The right to counsel is the only Sixth Amendment guarantee which extends beyond the trial.
a. True
b. False
Q:
In what case did the Supreme Court's majority opinion reject Roe"s trimester framework?A. Planned Parenthood v. Casey.B. Akron v. Akron Center for Reproductive Health.C. Webster v. Reproductive Health Services.D. The trimester framework has not been rejected.
Q:
The right to counsel extends not only to the trial, but to all subsequent appeals.
a. True
b. False
Q:
Which statement best describes the Supreme Court's decisions in cases involving state funding of abortions?A. The Court has consistently ruled that states must fund abortions in the first trimester if the mother cannot afford it.B. The Court has consistently ruled that states have no obligations to fund abortions.C. The Court originally ruled states must fund abortions, but has since overruled its past decision.D. The Court has yet to hear a case involving funding restrictions on abortions.
Q:
The right to counsel attaches when a person faces custodial interrogation.
a. True
b. False
Q:
In Planned Parenthood v. Casey, what provision of the Pennsylvania statute was ruled an "undue burden" and therefore invalidated?A. Informed consentB. Parental consent for minorsC. Record keeping for health purposesD. Spousal notification
Q:
In the majority opinion in Roe v. Wade, where did the Court locate the right to privacy?A. Ninth AmendmentB. Fourth AmendmentC. Fourteenth AmendmentD. Fifth Amendment
Q:
The Sixth Amendment right to counsel is violated if police intentionally create a situation likely to result in an incriminating statement when that right has not been waived.
a. True
b. False
Q:
Representing oneself does not preclude a later claim of ineffective assistance of counsel.
a. True
b. False
Q:
Which of the following amendments was not cited as a location of the right to privacy in the Griswold opinions?A. First AmendmentB. Fourth AmendmentC. Eighth AmendmentD. Ninth Amendment
Q:
Substantive due process draws on what key word in the Fourteenth Amendment?A. LibertyB. FreedomC. SubstanceD. Procedural
Q:
The United States operates its juvenile justice system under the parens patriae model where juveniles have no constitutional rights during adjudication.
a. True
b. False
Q:
What historical argument do pro"gun rights interests use to support their argument that the Second Amendment provides for an individual right to bear arms?
Q:
In Codispoti v. Pennsylvania (1994), the Supreme Court has held that only more serious offenses require a jury trial, which means if any period of incarceration is a possibility.
a. True
b. False
Q:
What historical argument do gun control supporters make to support the assertion that the Second Amendment does not provide for an individual right to bear arms?
Q:
Perhaps the most important "speedy trial" issue is whether the defendant was unduly harmed by the delay.
a. True
b. False
Q:
How does the Court define the right to bear arms in District of Columbia v. Heller?
Q:
The Sixth Amendment embodies the concept of due process.
a. True
b. False
Q:
Explain the two different interpretations of the Second Amendment. Which has the Court (seemingly) adhered to? Why?
Q:
The Supreme Court applied Sixth Amendment rights to juveniles in:
a. In re Winship
b. California v. Hodari D
c. In re Gault
d. Brewer v. Williams
Q:
The National Firearms Act of 1934 _______.A. Was a direct regulation of weaponsB. Was an indirect regulation of weaponsC. Banned all gun use by private citizens
Q:
For prisoners, cases based on Sixth Amendment rights involve the right to a speedy trial and the problem of:
a. extradition
b. detainer
c. incarceration
d. inter-facility transfer
Q:
The Wade-Gilbert Rule requires that a lawyer be present during:
a. post-indictment lineups.
b. the arraignment.
c. the preliminary hearing.
d. pre-indictment lineups.
Q:
The Sixth Amendment right to a public trial requires a balance with the public's _________rights.
a. First Amendment
b. reasonable access.
c. the Fifth Amendment.
d. compelling public interest
Q:
Congress began to enact federal weapons bans in the 1920s? because of _______.A. Increases in organized crimeB. The 1929 St. Valentine's Day massacreC. Increases in violence during the 1920sD. All of the above
Q:
Which is not one of the three conditions set forth in Faretta v. California that must be met before a person can represent him or herself?
a. awareness of the right to counsel.
b. valid waiver
c. competency
d. legal knowledge
Q:
How is the Second Amendment unusual in comparison to the other amendments in the Bill of Rights?A. It is much shorter than the other amendments.B. It has a preamble unlike the other amendments.C. It is much longer than the other amendments.
Q:
Which is not one of the factors a court would use in determining witness reliability in show-up identifications?
a. Opportunity to view defendant during crime.
b. Level of attention witness was paying.
c. Level of intelligence the witness demonstrates.
d. The witness' level of certainty in his or her identification.
Q:
States have generally _______.A. Expanded gun rightsB. Restricted gun rightsC. Banned all guns
Q:
In January 2012 a new exhibit came to the St. Louis Art Museum. The exhibit contained, among other things, photos of nude men and women depicted in a variety of poses, photos of adults engaged in various sexual activities, and pictures of several nude men standing very close to one another. Finally, there were several pictures that resembled recent advertisements by a famous clothing designer. This last set of photos portrayed scantily dressed teenagers who were also posed in allegedly "erotic" poses.
The City Commission on Decency reviewed the exhibit as it was being constructed in the museum. This commission was set up in the early 1980s as a response to the growing use of "sex in art." It is the duty of the commission to review any potentially obscene or indecent art exhibits that may be shown before the exhibits can be open to the public. While the commission has the power only to review exhibits and make recommendations to the mayor about what it believes to be obscene or indecent material, the mayor has always followed its rulings. The decisions of the commission are based on the Public Standards of Decency found in St. Louis Statute 4.5.7.
After a public hearing where the new exhibit was described in detail to a group of interested citizens, the Commission on Decency made two recommendations. First, the photographs of the adult males and the teenage children should not be a part of the exhibit. In short, they should be taken down before the exhibit could open to the public. Second, the commission recommended that the exhibit be open only to citizens over the age of eighteen; even with the consent of an adult, any person under eighteen should not be allowed to enter the special exhibit area. A seventeen-year-old senior at a local high school sued along with the artist who created the exhibit. Both claimed their First Amendment rights had been violated.
The case comes to the Supreme Court with a variety of issues, but with one main question: Does St. Louis Statute 4.5.7 violate the First Amendment rights of the artist as well as of the children who want to see the exhibit? Why or why not?
Q:
In Douglas v. California the Court held that the right to counsel extends to:
a. the first appeal at all levels.
b. the first appeal at the state level only.
c. the first appeal at the federal level only.
d. all appeals.
Q:
A peremptory challenge seeks to remove a potential juror for:
a. lack of knowledge or intelligence.
b. bias for the defendant.
c. bias against the defendant
d. any reason whatsoever.
Q:
Why was the Court unwilling to declare that virtual child pornography could be regulated in the same way as actual child pornography? How did it alter this decision in U.S. v Williams?
Q:
Potential jurors are questioned by both sides to determine impartiality in a process called:
a. peremptory challenging
b. jury nullification
c. voir dire
d. habeus juris
Q:
Beginning in 1997 the Court began to face questions about regulating media on the Internet. How, if at all, do these cases differ from the print media cases decided in Roth, Miller, and Ferber? Should these cases be decided differently, or is the medium not important and the same standards apply? Why or why not?
Q:
The Supreme Court has made clear that the standards for determining libel differ between public and private people. Explain the rationale for this difference. Be sure to use support from the cases you read in the chapter. Next, explain how the Court's interpretation of protection from libel has changed over time. Finally, address the issue of why the Court protects public figures and officials differently than it protects private citizens. Provide case examples to support your argument.
Q:
Which of the following is not a "critical stage" requiring the Sixth Amendment right to counsel?
a. At sentencing.
b. At the arraignment.
c. During post-indictment identifications.
d. Investigation prior to suspect being charged.
Q:
The Supreme Court held that denying legal counsel for a defendant at trial in a capital case was a denial of due process in:
a. Barker v. Wingo
b. Powell v. Alabama.
c. Gideon v. Wainwright.
d. Argensinger v. Hamlin.
Q:
Gideon v. Wainwright established that indigent defendants are to be provided lawyers when faced with a(n):
a. custodial interrogation
b. deprivation of liberty
c. period of incarceration exceeding one year
d. adversary criminal proceeding
Q:
Potter Stewart noted that he did not know how to define obscenity but he knew it when he saw it. The Court since then has obviously taken a different view, and has tried to define what is obscene and what is not. Trace the history of obscenity standards as they changed from Roth to Miller. Along with explaining how overall doctrine changed between these cases, you should look at several particular issues. First, explain the specific changes in the definition of obscenity. Second, consider the evolution of what a "community" is according to the Court. Third, discuss the evolution of who must be affected in order for a work to be considered obscene (i.e., children, adults, specific groups, and so on). Finally, explain the distinction between the obscenity standards of a work being "utterly without redeeming social value" and a work lacking any "serious artistic, political, or scientific value."
Q:
Under what conditions has the Court been willing to allow content in the press to be restricted? Does the form of the media matter? How has the Court dealt with cases involving special rights for the media? Has the Court been willing to recognize that reporters enjoy greater freedoms than others?
Q:
The case establishing that indigents must be provided an attorney if they have been accused of misdemeanor offenses and the penalty could include incarceration is:
a. Barker v. Wingo.
b. Powell v. Alabama.
c. Gideon v. Wainwright.
d. Argensinger v. Hamlin.
Q:
You have brought in a suspect in a serious crime to the police station. So far, he has been silent. You did read him his Miranda rights when you handcuffed him and also made him sign a written version of the rights while he was sitting at the interrogation table. You ask him again if he would like to talk about what happened and, this time, he says, "You know, I am very hungry and my blood sugar is starting to cause me some problems. Could you please give me some food, you lousy cop?" Angry, you leave the interrogation room for 20 minutes to fill out paperwork and let the suspect consider the situation. When you return, the suspect is even more agitated, demanding food and also using profanity, insulting you and your family. What should you do? What are the legal ramifications of your action or inaction?
Q:
Despite the fact that the First Amendment reads, "Congress shall make no law . . . abridging the freedom . . . of the press," the Supreme Court has recognized the need to limit the press in certain instances. Explain the Court's willingness to place restrictions on the press, and under what circumstances such restrictions are warranted. Also, discuss the distinctions made by the Court between different types of media. Is the Court more or less willing to restrict the First Amendment rights of radio, TV, or print journalism? How has the Court dealt with the issue of prior restraint? In what circumstances is prior restraint allowed?
Q:
Why were Justices Kennedy and Breyer slightly concerned with the Court's decision in United .States. v. American Library Association and therefore filed a concurring opinion?
Q:
You are the senior detective in a major metropolitan police department. One of the junior detectives has come to you to announce that they have had a break in the case involving an aggravated assault. A young woman has confessed to using a hammer on her former boyfriend. Even though no hammer was found at the scene and the injuries may not have been caused by hammer, it appears that the case has been solved. When you see the suspect led away from the interrogation room in handcuffs, you hear her talk about the judgment of the elves
coming down on her and say that someone needs to beam her up to the starship. The other detectives laugh about this, but what, if anything, should you do now?
Q:
You are a police officer trying to find a kidnap victim who has a health problem that requires medical treatment in the next six hours in order for him to survive. You have located an individual who has admitted to kidnapping the victim, but refuses to provide further information. Your partner says that you should leave the interview room and he will "encourage" the suspect to talk. You know that your partner is trying to protect you from an allegation of violating the suspect's rights when he uses force and threats to compel the information from the suspect. You also know that without this action it is likely you will not find the kidnap victim in time. What do you do? Does your course of action conform with the law? Why or why not?
Q:
How did the Court deal with the issue of filtering software in libraries in United States v. American Library Association?
Q:
Why did the Court strike the Child Online Protection Act in Ashcroft [II]?
Q:
You are interviewing the prime suspect in a serious case and know that his attorney is waiting to see him outside the interrogation room. The suspect has been advised of his rights, but has not chosen to invoke his right to an attorney. Under current law, you are not required to inform him that the attorney is present outside. Do you think this is a violation of the spirit of Miranda? Why or why not?