MCAP Review 12: Due Process

Which legal principle must be met in order to obtain a search warrant?

• just compensation

• reasonable doubt

• probable cause

• double jeopardy

Answer explanation

Probable cause means evidence that maybe someone committed a crime, so we need to investigate more.

In which of these circumstances will a judge grant a writ of habeas corpus?

• the accused person is charged with negligence (carelessness)

• the accused person is a repeat offender

• the accused person is under 18

• the accused person is being held in jail without cause

Answer explanation

Habeas corpus means the right to challenge unfair detention (jail).

For which of these situations could a writ of habeas corpus be issued?

• A defendant plea-bargains in exchange for a lighter sentence.

• A police officer searches an apartment without a search warrant.

• A suspect is kept in jail without being charged with a crime.

• A judge rules that certain evidence cannot be used in a trial.

Answer explanation

Habeas corpus is the right to challenge unfair detention (jail).

What legal tool is available to prisoners who believe they are being jailed illegally?

• writ of habeas corpus

• injunction

• subpoena

• plea-bargaining agreement

An individual accused of stealing identities on the Internet was held without formal charges.

Which excerpt from the U.S. Constitution best applies to this situation?

• No person shall be deprived of life, liberty, or property without due process.

• The right to be protected against unreasonable searches.

• All persons born in the U.S. are citizens.

Answer explanation

Due process includes all the rights people have when they are suspected of a crime.

Violations of habeas corpus are also due process violations.

Which situation is a violation of the due process clause of the Fifth Amendment to the U.S. Constitution?

• denying a bank loan to a couple on the basis of race

• blocking publication of a student-run newspaper

• holding a suspect in jail without charges

• issuing a subpoena for records in a criminal case

Answer explanation

Due process refers to all the rights people have when they're suspected of a crime.

This includes the right to know what crime they're accused of (or to be released if there's not enough evidence to charge them).

“Everyone is entitled  to a fair and public hearing (trial) by a judge/jury if they are accused of a crime."

According to the excerpt, all people are entitled to

• freedom from cruel and unusual punishment

• freedom of expression

• the right to due process of law

• right to representation of legal counsel

Answer explanation

Due process refers to all the rights people have when they're suspected of a crime.

This includes the right to a trial.

You need to use process of elimination to figure this one out!

Which of these is required by a judge before police can obtain a search warrant?

• probable cause linking the person to the crime

• reasonable doubt no other person is responsible

• plea bargaining to reduce charges

• a preponderance of evidence against the person

Answer explanation

Probable cause means evidence that maybe someone committed a crime, so the police need to investigate more.