Name______________
Date___Hr___
Chapter 20 Reading Guide: Protecting Individual Rights
(20 pts)
1. Define due process:
2. Identify the two due process clauses that we have in our Bill of Rights. (give the amendment
and quote the clause for each one)
3. Why do you think the Supreme Court has decided not to define due process in “exact and
complete terms”?
4. Define police power:
5. The book states that “...courts must strike a balance between the needs of society, on the one
hand, and of individual freedom on the other.” Think of an example from our society when the
needs of society may conflict with the individual freedoms.
6. What did the Supreme Court rule in the case Griswold v. Connecticut, 1965? What does the 14th
amendment have to do with this case?
7. What did the Supreme Court rule in the case of Roe v. Wade, 1973? What does the 14th
amendment have to do with this case?
8. In your opinion, do you think we have a constitutional right to privacy even though it is never
specifically stated in the document? Explain your opinion.
Section 2—Freedom and Security of the Person
9. What is the basic rule of the 4th amendment? (you may quote the book)
10. Why did the Supreme Court rule against the police officers in the case Florida v. J.L., 2000?
Do you agree/disagree with the decision? Explain.
11. Describe the illegal search that occurred without a warrant in the following cases:
Kyllo v. United States, 2001—
Ferguson v. City of Charleston, 2001—
Summarize the Court’s decisions in each of the following cases regarding searches and
seizures:
12. Illinois v. Wardlow, 2000:
13. Terry v. Ohio, 1968:
14. California v. Acevedo, 1991:
15. Define exclusionary rule:
16. Do you think that people who have clearly committed crimes should be able to go free if their
rights are violated during arrest or trial? Explain your answer.
Section 3—Rights of the Accused
17. Define writ of habeas corpus:
18. What is a grand jury? How many people are on it? How many votes are needed to return an
indictment?
19. Define indictment:
20. Define double jeopardy:
21. Give 3 examples that do NOT constitute double jeopardy
a.
b.
c.
22. What are the four criteria used to determine if a delay in a trial is a violation of a “speedy” trial?
a.
b.
c.
d.
23. What does the Speedy Trial Act of 1974 say? What are some exceptions?
24. Where are jury members drawn from in a criminal case?
25. Why would a defendant ask for a “change of venue”?
26. How many votes are needed to convict the accused?
27. List the four rights the 6th amendment calls for in relation to having the best defense possible:
a.
b.
c.
d.
28. What did the court rule in Gideon v. Wainwright, 1963?
29. Which amendment protects the accused from self-incrimination?
30. Upon whom is the burden of proof in a criminal case?
31. Identify 3 examples which are not protected under self-incrimination.
32. What does the Miranda Rule call for? Why is this controversial?
Section 4—Punishment
33. Define bail:
34. Identify the two reasons why bail is justified:
a.
b.
35. Define preventative detention:
36. What arguments do critics give against the use of preventative detention?
37. What is the two-stage process in capital cases?
Summarize the Court’s decisions in each of the following cases regarding capital punishment:
38. Coker v. Georgia, 1977:
39. Atkins v. Virginia, 2002:
40. Ring v. Arizona, 2002: