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Law
Q:
Public defenders are employed by the government to ensure everyone's Sixth Amendment right to counsel is met, particularly those who cannot afford their own lawyer. You have just graduated from law school and are a brand- new public defender. Your first client is charged with armed robbery and, during your first meeting with her, she says, "I thought I was entitled to the best attorney available?" Explain to client what she is entitled to in terms of effective assistance in her criminal trial.
Q:
Which one of the following statements best describes the Court's decision in Brewer v. Williams?A. The legal definition of interrogation is confined to question and answer periods at a police station.B. Police do not have to read Miranda warnings before interrogating a suspects at the suspects' homes.C. Any attempt to obtain incriminating statements from a suspect in custody requires Miranda warnings.D. Miranda warnings are required even if a suspect voluntarily shows up at a police station.
Q:
Assume that you were a member of a prosecution team that successfully convicted a man of premeditated murder 10 years ago. A new defense attorney for the convicted individual uncovers a witness statement in a case file that suggests that someone else, other than his client, might have committed the killings. The statement was accidentally filed in another case file with a felon with the same last name. An angry member of the victim's family just barged into your office after hearing about the new statement. What would you say?
Q:
Identification procedures are not critical stages of criminal proceedings if they are ______, so there is no Sixth Amendment right to an attorney. a. post arraignmentb. accomplished in the presence of a judge c. preindictmentd. done at a police station
Q:
Which of the following statements is not true?A. Statements made without Miranda warnings may be used for counteracting perjury.B. Miranda warnings are required even when a suspect is unaware that he or she is speaking to a law enforcement official.C. When there is danger to public safety, the police may question to remove the danger prior to reading Miranda warnings.D. Even if police enter a home illegally to make an arrest, they can still obtain a valid confession if a suspect is read his or /her Miranda rights.
Q:
This occurs when the victim or witness is shown several people, including the suspect. a. a showupb. a blind lineupc. a stop and frisk d. a lineup
Q:
Which of the following statements best describes the incorporation of the exclusionary rule into the due process clause of the Fourteenth Amendment?A. The exclusionary rule has not been incorporated.B. The exclusionary rule was incorporated in the Weeks v. United States ruling.C. The exclusionary rule was incorporated in the United States v. Leon ruling.D. The exclusionary rule was incorporated in the Mapp v. Ohio ruling.
Q:
Unlike Miranda, the _________case applies whether the suspect is in or out of custody.
a. Gideon
b. Merryman
c. Rutledge
d. Massiah
Q:
Which Court is known for expanding the rights of the criminally accused?A. The Burger CourtB. The Warren CourtC. The Rehnquist CourtD. The Hughes Court
Q:
In which case did the Supreme Court create the exclusionary rule?A. Weeks v. United StatesB. Wolf v. ColoradoC. Mapp v. OhioD. Terry v. Ohio
Q:
When the police use purposeful yet covert methods to secure incriminating statements, they are engaged in a. deliberate elicitation.b. jury selection.c. inevitable discovery.d. fruit of the poisonous tree efforts.
Q:
Which of the following statements is not true?A. Cars have less protection against searches than homes.B. An officer making a traffic stop can order the driver and passengers out of the car.C. A routine traffic stop where a citation is issued is sufficient to justify a full search of an automobile.D. If probable cause justifies a search of a lawfully stopped vehicle, it justifies the search of every part of the vehicle.
Q:
After a defendant has been _____ and obtained an attorney, that attorney must be present during any subsequent questioning.a. seen at a crime scene b. charged with a crimec. named as a person of interest d. concerned about arrest
Q:
Which of the following is not an exception to the warrant requirement?A. a search to ensure evidence is not lost.B. a search conducted once a suspect has been put in jail.C. a search done in "hot pursuit."D. a search incident to a valid arrest.
Q:
Any step during a criminal investigation in which the accused's rights may be affected by the absence of legal representation is known as a __________.
Q:
Gideon v. Wainwright established that ______ defendants are to be provided lawyers when faced with a deprivation of liberty.
Q:
Since the late 1980s, policy makers have debated the question of how society should deal with the problem of women's substance abuse during pregnancy. No state had criminalized drug use during pregnancy until Westphalia (in the western United States) passed H.R. 2490, which specifically made alcohol or drug use during pregnancy, including the use of prescribed narcotics, a criminal offense. The law specifically equated ingestion of any controlled substances (legal or illegal) with child abuse.Wilma Rubble was a Gulf War Veteran who was awarded the Purple Heart after being injured in combat. She recovered but had been on Percocet since 2005 for ongoing pain from her combat injury. When she found out she was pregnant her doctor informed her that H.R. 2490 prohibited him from refilling any more Percocet prescriptions for her. She then found a new primary care doctor who was willing to treat her pain with another narcotic that was known to have fewer side effects. However, she and the doctor were turned in to the police by a lab tech who had analyzed blood drawn from Rubble during Rubble's eighteenth week of her pregnancy. The tech found evidence of narcotic use during the blood analysis. Rubble was charged under the state criminal statute and was convicted of child abuse, which carried a maximum sentence of twenty-six months in jail. She appealed to the state Supreme Court, arguing that her right to privacy specifically allows her to take any medication legal under state law. The high court disagreed and upheld her conviction. The majority argued that the state has an interest in protecting the life of a fetus.Rubble has appealed to the U.S. Supreme Court. She argues that life does not begin until birth and that her right to privacy outweighs the state's interest in protecting the unborn fetus. As a justice on the Court, how would you decide this case? Use the privacy cases you have read in class to justify your answer.
Q:
Reproductive law is one of the most controversial issues addressed by the Court. First, explain the significance of Roe v Wade. Next, explain how the doctrine set out in this case allowed the Court until the early 1980s to rule that most standards regulating abortion were unconstitutional. Then discuss how and why the Court changed its views on abortion in the 1980s. Finally, explicate how the decision in Casey affected what standards were acceptable regulations and which were not. Within this answer you should draw distinctions between the different standards proposed to deal with abortion rights. Also, explain the significance of O"Connor's dissent in Akron.
Q:
If the state does not provide a specific attorney to assist a defendant in a capital case until the day of trial, the defendant is being denied __________.
Q:
The right to privacy does not explicitly exist in the Constitution, but a majority of the justices have concluded that a fundamental privacy right exists. Trace the early foundations on which some members of the Court were willing to protect individuals from government intrusion into their personal lives. How did Harlan transform these ideas in Poe v. Ullman? Next, discuss the different justices' views on the right to privacy found in Griswold. Explain Douglas's discussion of penumbras and why they are so important to his justification for a right to privacy. How did the other justices defend a right to privacy? What justification did the dissenters in the case offer against a right to privacy? What has been the interpretation of privacy issues since Griswold? To what areas has the Court been willing to extend the privacy right, and what have been its justifications?
Q:
A ____ requires an individual to appear in court to testify, or bring documents or other physical evidence to the court.
Q:
An out-of-court statement used to prove the truth of the matter asserted is known as_______.
Q:
Why might it be do argued that Carhart v. Gonzalez may not be reason for concern that Roe may eventually be overturned?
Q:
The Sixth Amendment guarantees the right of an accused to face witnesses in court so the defendant can confront them. Why does the Sixth Amendment require this? Courts have also held that a victim's statement to the police about who had killed him can be admitted at trial, even if the victim dies of his wounds before trial. If the right to confront witnesses is so important, why would the courts allow the statement of a deceased victim to be admitted at trial? Do you agree with allowing such testimony to be admitted? Why or why not?
Q:
What rationale did Harlan provide to support the right to privacy in his Ullman dissent? Why do some scholars consider this dissent so important?
Q:
What rationale did Brandeis provide to support the right to privacy in his Olmstead dissent?
Q:
A defendant always has the right to a trial by jury. a. Trueb. False
Q:
Describe two new issues that recent technology has brought to the debate over privacy.
Q:
Jury nullification is when a jury acquits a defendant even though the jurors believe that the person is guilty. a. Trueb. False
Q:
Detail two of the arguments Chief Justice Rehnquist made in his majority opinion in favor of Missouri in Cruzan v. Director, Missouri Department of Health.
Q:
Contrast the different readings of Stanley v. Georgia in the majority and dissenting opinions of Bowers v. Hardwick.
Q:
A person might waive their right to a jury trial and select having the case heard before only a judge without a jury. a. Trueb. False
Q:
A jury panel is called a venire. a. Trueb. False
Q:
Compare and contrast the "strict scrutiny" approach to restrictive abortion laws outlined in Blackmun's opinion in Roe and the "undue burden" approach O"Connor adopted in later cases.
Q:
Describe the trimester framework that Blackmun outlined in his majority opinion in Roe v. Wade (noting when, if ever, it allowed states to regulate abortion).
Q:
A potential jury is known as a voir dire. a. Trueb. False
Q:
Explain what factors are considered when a defendant waives the right to counsel.
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?