Chapter 14 Questions
1.
The Incorporation doctrine asserts that the Bill of Rights protects citizens from abuses by the federal government and state governments.
2.
Procedural due process is the principle that the law must be applied fairly and evenly to all people, using established rules and procedures.
3.
A search warrant is a written order by a judge that allows police to enter a home or other private property to search for specific items.
4.
Substantive due process is the principle that the law itself is fair and reasonable and does not unjustly restrict constitutional freedoms.
5.
Police power is the power of a government to use force if necessary to control affairs within its jurisdiction in order to protect the health, safety, and welfare of its citizens.
6.
A presentment is a formal statement issued by a grand jury authorizing a trial for someone accused of a crime.
7.
Being tried more than once for the same is referred to as double jeopardy .
8.
The exclusionary rule is a Supreme Court precedent established that illegally obtained evidence may not be used in a criminal trial.
9.
Probable cause refers to reasonable grounds to accuse an individual of committing a specific crime.
10.
A trial in which a judge, rather than a jury, decides an issue is known as a bench trial .
11.
Which amendment extended the protections guaranteed under the Bill of Rights to state actions?
Fourteenth Amendment
12.
List at least two exceptions to the exclusionary rule.
Good faith exception
Tainted evidence that could have been obtained legally anyway

13.
List at least three instances in which the police do not need to obtain a search warrant when conducting searches and seizures.
Garbage people place outside their home for trash collection
Evidence in plain view
If police have probable suspicion to believe a suspect is armed and dangerous
Automobile searches and traffic stops
14.
What did the U.S. Supreme Court rule in Olmstead v. United States?
Wiretaps are not a form of unreasonable search and seizure—law enforcement authorities could use wiretaps to listen to private telephone conversations without warrants
15.
Upon what grounds did justice Brandeis base his dissenting opinion in Olmstead v. United
States?
Wiretapping did not involve breaking into a private home
16.
What led the Supreme Court to change its direction in the issue of wiretapping in Olmstead v.
United States?
An increase in the sophistication of wiretapping and eavesdropping devices
17.
In what 1961 U.S. Supreme Court case was the exclusionary rule extended to state trials?
Mapp vs. Ohio
18.
List two gun control measures included within the Brady Bill.
5 day waiting period for buying handguns
Local authorities are given time to determine if a buyer has committed a felony (in such cases, a persons can be prohibited from buying guns)
19.
In what instance can police stop a person in public and search them?
If/when they believe the suspect is armed and dangerous
20.
Under what conditions can school officials conduct searches of students or their possessions?
School officials need only “reasonable” grounds to suspect a student has broken the law or a school rule.
21.
What landmark ruling did the U.S. Supreme Court hand down in Griswold v. Connecticut in
1956?
The Constitution does guarantee a right to privacy—married couples have a “zone of privacy” created by several fundamental constitutional guarantees.
22.
What landmark ruling did the U.S. Supreme Court hand down in Roe v. Wade?
Laws restricting a woman’s freedom to have an abortion during the first trimester of pregnancy violate her right to privacy.
23.
List one instance when habeas corpus was suspended.
Abraham Lincoln did it during the Civil War
In parts of the South during Reconstruction to combat the KKK
Andrew Jackson during the Battle of New Orleans
24.
What restrictions were placed on the government’s powers to suspend habeas corpus by the
Supreme Court in Ex Parte Milligan?
Habeas Corpus can’t be suspended unless areas are in open rebellion and in which civilian courts still functioned.
25.
Laws that are directed against a specific person are referred to as bills of attainder .

26.
A writ of habeas corpus is a court order that requires police to bring a person accused of a crime to court and show good reasons for keeping him or her in jail.
27.
Ex post facto are laws that apply to actions that took place before those laws were passed.
28.
List two methods used by grand juries when deciding whether or not a case should go to trial.
Prosecuting attorney presents his/her case against an accused person to a grand jury which then returns a true bill of indictment calling for a trial if/when it feels there is enough evidence; the grand jury conducts its own investigation and issues a presentment if/when it feels there is enough evidence to go to trial.
29.
Also known as an information, an affidavit is a sworn statement in which a state prosecutor declares that there is enough evidence against an accused person to justify trying his/her case.
This method is used in cases where no grand jury is convened.
30.
The requirement that police must inform criminal suspects of their right to refuse to answer questions is referred to as the Miranda Rule .
31.
What did the Supreme Court rule in Brown v. Mississippi in 1936?
Police may not physically force a criminal suspect to confess to a crime
32.
What is considered excessive bail?
Bail that is greater than is necessary to assure the appearance of the accused person in court.
33.
List two reasons why public trials are important.
Helps prevent abuses of the law by allowing the public to check on and witness the proceeding(s); functions as a laboratory allowing citizens to see how the criminal justice system works.
34.
List three places in the U.S. Constitution where the right to trial by jury is guaranteed.
Sixth Amendment
Seventh Amendment
Article III, Section 2
35.
Why might an accused person request a change of venue?
He/she believes they cannot receive a fair trial in the community where the crime took place.
36.
What is the right to an adequate defense defined as?
Right to be informed of the charges; right to question/confront accusers; right to present one’s own witnesses in court; right to counsel
37.
Today, in what type of cases is the accused guaranteed right to counsel?
All criminal cases that could involve imprisonment no matter how minor the alleged offense(s).
Where in the Constitution can each of the following rights and guarantees be found?
38.
The right of the people to keep and bear arms.
Second Amendment
39.
Prohibits unreasonable searches and seizures. Fourth Amendment

40.
Protects the rights of all people accused of federal crimes by requiring that their case be brought before a grand jury. Fifth Amendment
41.
Protects the rights of the people against self-incrimination. Fifth Amendment
42.
States that the federal government may not take away anyone’s “life, liberty, and property without due process of law.” Fifth Amendment/Fourteenth Amendment
43.
Guarantees all persons the right to a speedy trial. Sixth Amendment
44.
Prohibits judges from setting excessive bails. Eighth Amendment
45.
Guarantees al l persons the right to a public trial. Sixth Amendment
46.
Guarantees all persons the right to counsel. Sixth Amendment
47.
Protects people convicted of crimes from “cruel and unusual punishment.” Eighth Amendment