Civil Liberties Review (Summer)

"No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation."

-5th Amendment

What does this Amendment mean by "due process?"

• A citizen loses all rights if the government accuses him or her of a crime.

• The government may charge a person with a crime without sufficient evidence.

• The government may not take away a person's liberty even if he commits a crime.

• A citizen loses his or her rights only if the government follows legal procedures.

According to the Supreme Court, a person has the right to a lawyer in all criminal proceedings based on its ruling in which of the following cases?

• Brown v. Board of Education
• Miranda v. Arizona
• Roe v. Wade
• Gideon v. Wainwright

As a result of Mapp v. Ohio, the Supreme Court recognized the exclusionary rule.  The purpose of this rule is to

• increase the burden of proof for the prosecution
• limit the number of witnesses in a trial
• allow evidence obtained illegally to be used in court
• prevent the use of illegally obtained evidence in a trial

In the cases of _________________________ the Supreme Court determined that the 2nd Amendment guarantees an individual's right to keep and bear arms.

• New York v. Texas and California v. Florida
• Smith v. Johnson and Brown v. Wilson
• Jones v. Miller and Thompson v. Davis
• District of Columbia v. Heller

Which Amendment prohibits the government from implementing excessive fines, excessive bail, and cruel and unusual punishment?

• Fourth Amendment
• Eighth Amendment
• Second Amendment
• First Amendment

As a result of the Court's ruling in Lemon v. Kurtzman, the Court established the Lemon Test with the intent of...

• establish a new standard for criminal cases
• define the scope of the Second Amendment
• determine if a law violates the Free Exercise Clause of the First Amendment
• establishing guidelines for determining when government conduct creates "excessive entanglement of government and religion."

The Free Exercise Clause of the 1st Amendment gives people the right to

• pay a fee to practice their religion
• worship only in designated areas
• practice their religion freely without interference from the government
• obtain a permit to attend religious services

The Fifth Amendment to the Constitution provides protection from self-incrimination. What does self-incrimination mean?

• Providing evidence that proves someone else's guilt
• Refusing to answer any questions in court
• Admitting to a crime without being asked
• Giving evidence or answering questions that could prove one's own guilt in a criminal case.

A person's 1st Amendment rights can be limited if, in exercising those rights, the

• Limitation is to suppress freedom of speech.
• Limitation is to promote a specific political agenda.
• safety of the public is placed in jeopardy.

• Limitation is based on personal preference.

The "Five Freedoms" basic to American life can be found in which of these?

• Second Amendment
• Fourth Amendment
• Tenth Amendment
• First Amendment