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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:
The Sixth Amendment embodies the concept of due process.
a. True
b. False
Q:
How does the Court define the right to bear arms in District of Columbia v. Heller?
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?
Q:
You are a police detective and, though you lack probable cause, you are convinced that Amy Able is the mastermind behind a series of art thefts in the north end of town. You believe that she plans the thefts, hires local thieves, then sells the artwork overseas. You know that her usual thief has been arrested on an unrelated charge, so you decide to arrange a meeting between a confidential informant (CI) with a history of petty theft and Amy Able. At the meeting, your CI is wearing a "wire" to tape the conversations. During the meeting, Amy is reluctant to go ahead with more thefts, because she tells your CI that she is "out of the business" and wants to retire. At this point, your listening device malfunctions, but your CI later tells you he convinced her by threatening to go to the police and ruining her reputation as an art dealer. Amy reluctantly agrees to plan the heist and, several days later, meets with your CI to go over the details. At this point, you know that she has committed sufficient acts to be guilty of conspiracy to commit theft under local law and arrest her. You give the DA the transcript of the conversations recorded by the wire and she says it is a "slam dunk." What legal issues, if any, are raised by the facts? What should you do, if anything, as the detective on this case?
Q:
Did Ashcroft v. ACLU [I] settle the issue of internet pornography regulation? Why or why not?
Q:
Why did Congress pass the Communications Decency Act in 1996? Why did the ACLU (and others) oppose the law?
Q:
The Supreme Court held that a violation of Miranda does not require the suppression of the "physical fruits" of the statement, only the nonuse of the actual statement in the case ofa. Arizona v. Robertson b. Minnick v. Mississippi c. New York v. Quarlesd. United States v. Patane
Q:
The Supreme Court held that a suspect who wishes to invoke his or her right to remain silent must first speak up and unambiguously state that desire in the case of
a. Michigan v. Mosley
b. Berghuis v. Thompkins
c. Howes v. Fields
d. United States v. Jonas
Q:
How has the Court applied its obscenity law to depictions of acts of violence or cruelty?
Q:
How are cases involving child pornography different from typical obscenity cases?
Q:
The Supreme Court clarified the definition of interrogation to include any actions or words on the part of the police that they should know are reasonably likely to elicit an incriminating response from the suspect in the case of
a. Howes v. Fields
b. Yates v. United States
c. United States v. Muhlenbruch
d. Rhode Island v. Innis
Q:
For the purposes of Miranda, the case that established that the ultimate determinant of whether a person is in custody is whether the suspect has been subjected to formal arrest or to equivalent restraints on their freedom of movement was
a. California v. Beheler
b. California v. Gold
c. Terry v. Ohio
d. Oregon v. Mathiason
Q:
How is the standard for proving libel different between public figures and private citizens?
Q:
Describe the standard the Court set out for proving libel in Sullivan.
Q:
The Supreme Court ruled that Miranda rights are not inadequate simply because of the order in which they are given in the case ofa. Miranda v. Arizona b. Brown v. Mississippi c. Edwards v. Boxlyd. California v. Prysock
Q:
When the process shifts from investigatory to __________the accused must be permitted to consult with his or her lawyer.
Q:
How did Miller alter the Roth test?
Q:
Explain the three prongs of the Roth test for discerning if material is obscene. Is this a strict or lenient test? Why?
Q:
__________interrogation triggers the requirement to read Miranda rights.
Q:
_______________confessions are those in which innocent but vulnerable suspects, exposed to highly suggestive interrogation techniques, come to confess as well as to believe they committed the crime in question.
Q:
Explain the three prongs of the Hicklin test for discerning if material is obscene. Is this a strict or lenient test? Why?
Q:
What rationale did the Court use to deny the reporter's privilege in Branzburg v. Hayes?
Q:
Factors such as a suspect's age, education, and intelligence levels will be considered when assessing the ___________of any confession to a criminal act.
Q:
Why did the framers believe that freedom of press was so fundamental to the new nation?
Q:
Explain the standard the Court set out for determining prior restraint in Near v. Minnesota and the exceptions that might make government restraint necessary.
Q:
_________will only be considered coercive if it has the effect of overbearing one's will.
Q:
Voluntariness of a confession is determined by the police conduct involved and whether the individual has been read their Miranda rights.
a. True
b. False
Q:
How did Congress respond to the Court's decision in Reno?A. It overturned the Court's ruling.B. It passed the Child Online Protection Act.C. It did nothing, and agreed with the Court's decision.D. None of the above.
Q:
Reno indicates the Court views the Internet as _______.A. More like print media than like broadcast mediaB. More like broadcast media than like print mediaC. Completely separate from print and broadcast mediaD. A hybrid between print and broadcast media
Q:
Using physical torture as a means to obtain a confession violates due process, though not Miranda.
a. True
b. False
Q:
In United .States. v. Williams, the Court ruled that the PROTECT Act was _______.A. Facially violative of the First AmendmentB. Overbroad and vague in violation of the due process clauseC. Not violative of the First AmendmentD. Not overbroad and vague and therefore constitutionally valid
Q:
It is not against due process to pump the stomach of a suspect against their consent to obtain evidence, because the individual is not being interrogated.
a. True
b. False
Q:
In Reno v. American Civil Liberties Union, the Court struck the Communications Decency Act because it _______.A. Was overly broadB. Was overly vagueC. Focused on the Internet, which cannot be regulatedD. Took away the power of parents to regulate their own children
Q:
The right to remain silent was not granted suspects in criminal cases until Miranda.
a. True
b. False
Q:
Incrimination is the act of accusing, implicating, or identifying someone as having been involved in the crime or other wrongdoing.
a. True
b. False
Q:
Prior to 1964, _______.A. States could not set any standards for libel.B. All state laws covering libel were the same.C. States were free to set their own standards for libel.D. None of the above.
Q:
Explain Miranda requirements as they relate to private security.
Q:
Why has the Court had a difficult time setting libel standards?A. Prior to 1964 libel it was an undeveloped area of law.B. Libel is a difficult legal concept.C. Libel is not a legal concept, so courts do not have the ability to decide these cases.D. All of the above.
Q:
Discuss the USA PATRIOT Act, its elements, and how it aims to improve the nation's counter-terrorism efforts.
Q:
Libel and obscenity _______.A. Are fully protected by the First AmendmentB. Are sometimes protected by the First AmendmentC. Fall outside the protections of the First AmendmentD. None of the above
Q:
According to New York Times v. Sullivan, a public official must prove _______ to sustain a libel claim:A. defamationB. falsehoodC. actual malice
Q:
Describe the challenge to Miranda presented in Dickerson v. United States (2000) and the Supreme Court's ruling.
Q:
Explain the public safety exception to the Miranda warnings.
Q:
Which justice could not define obscenity but knew it when he/she saw it?A. O"ConnorB. WhiteC. PowellD. Stewart
Q:
In Miller the Court set which standard for determining the value of a work?A. It is utterly without redeeming social importance.B. It lacks serious literary, artistic, political, or scientific value.C. It possesses redeeming social importance.D. It possesses serious literary, artistic, political, or scientific value.
Q:
Describe at least eight instances in which Miranda need not be given.