Due Process

The Bill of Rights guarantees which of the following rights to a person arrested and charged with a crime?

• The right to participate in elections

• The right to negotiate a bargain

• The right to an appeal if convicted

• The right to legal representation

Which of the following principles is meant to discourage government from conducting unlawful searches and to protect citizens when unlawful searches occur?

• Clear and present danger

• Police powers

• Exclusionary rule

• Prior restraint

Which of the following statements best describes how the balance of liberties and safety has been interpreted over time?

• The balance has been interpreted consistently over time.

• The balance leans more toward liberties than safety.

• Different courts in different times have found different balances.

• Stare decisis requires similar findings in similar casings.

Which statement best describes the Supreme Court's interpretation of the Fourteenth Amendment?

• The Fourteenth Amendment has restricted the application of judicial review.

• The Fourteenth Amendment prevents states from taxing agencies of the federal government.

• The Fourteenth Amendment's due process clause makes most rights contained in the Bill of Rights applicable to the states.

• The Fourteenth Amendment's equal protection clause defines certain classes of people who are not eligible for equal protection.

What is the key difference between the due process clause in the Fifth Amendment and the due process clause in the Fourteenth Amendment?

• The Fifth Amendment prevents government from depriving persons of liberty, while the Fourteenth Amendment prevents a deprivation of life.

• The Fifth Amendment sets limits on the private sector, while the Fourteenth Amendment restrains governmental institutions.

• The Fifth Amendment protects citizens against the federal government, while the Fourteenth Amendment protects citizens against states.

• The Fifth Amendment protects citizens against criminal charges, while the Fourteenth Amendment protects citizens against civil lawsuits.

What statement accurately describes the Supreme Courts contemporary interpretation of the death penalty?

• States may not use the death penalty.

• The interpretation focuses on the method of execution.

• The Court has found the practice unconstitutional because it is cruel and unusual.

• The Court has interpreted the execution of minors and the mentally handicapped unconstitutional.

Under what circumstances can police conduct searches?

• Only if a court issues a warrant

• If they have slight suspicion of wrongdoing

• As long as they have probable cause of criminal activity

• If they have been tipped off by a reliable source

Which statement is accurate regarding the law and government surveillance of persons in the United States?

• Police and FBI can listen to private phone conversations when they see fit.

• U.S. law enforcement first began to watch or surveil U.S. persons after the September 11th attacks.

• The Constitution and Bill of Rights protect only U.S. citizens from arbitrary surveillance.

• Policies have changed over time as people debate the balance between security needs and individual liberties.

Which of the following is an accurate comparison of substantive and procedural due process?

• A

• B

• C

• D

The Miranda rule stems from rights protected by which of the following amendments?

• Fourth and Fifth Amendments

• Fifth and Sixth Amendments

• Seventh and Eighth Amendments

• Ninth and Tenth Amendments