CJUS 410 Quiz The Constitution

CJUS 410 Quiz The Constitution

CJUS 410 Quiz The Constitution, Criminal Procedure, Searches and Seizures

Module 1: Week 1 — Module 2: Week 2

1. What is the likelihood that an individual in the United States will be hurt or killed by a terrorist?
2. What refers to securing public safety for the whole community, while protecting the liberty and privacy of every individual in the community?
3. The three levels in the federal court system include the SCOTUS, the U.S. District Courts, and:
4. In February 2016, which company wrote a letter to its customers, stating its commitment to protecting their personal information?
5. How many levels are there in the federal court system?
6. Six members of what terrorist organization attacked entertainment sites in Paris on November 13, 2015?
7. The case of S. v. Apple provides the opportunity to see which of the following ideals, as it’s beginning to play out in the courts?
8. What ideal in criminal procedure is perhaps best stated as avoiding two “errors of justice,” namely “harassing and sanctioning innocent people” and “failure to sanction culpable offenders”?
9. Court opinions refer to past cases to back up their reasoning and their decision in the present case. What are these prior decisions called?
10. Which of the following amendments provides a defendant with the right to due process?
11. What is the purpose of the case citation?
12. There are two main petitions a defendant can use to ask a higher court to review a decision made by a lower court: habeas corpus and:
13. In Mapp v. Ohio (1961), the Court applied which of the following to states?
14. One interpretation of selective incorporation is that:
15. The ultimate source of American criminal procedure law is:
16. State courts are a source of criminal law procedure in which of the following types of cases?
17. According to the _______________, SCOTUS’s interpretation trumps the interpretation of all other courts (federal and local), of Congress, and of all state and local legislatures.
18. The term “due process revolution” refers to the:
19. The term “parallel rights” refers to:
20. The fundamental fairness doctrine of due process requires states to provide:
21. The total incorporation doctrine:
22. From colonial times until the Civil War, criminal justice was solely the responsibility of:
23. Criticism of the incorporation doctrine is that it targets all criminal justice agencies, but perhaps nothing generates more controversy than whether uniform standards ought to apply to:
24. Marbury v. Madison (1803) established what principle?
25. What case resulted in the rule that a person’s right to privacy outweighs their location?
26. In S. v. Galpin (2009), the court addresses the issue of reasonable expectation of privacy in computer files and compares a computer to which of the following?
27. According to SCOTUS, which of the following are constitutionally protected areas?
28. In California v. Greenwood (1988), SCOTUS held that:
29. Until 1967, SCOTUS defined searches mainly according to property law. According to the _______________, to qualify as a search, officers had to physically invade a “constitutionally protected area.”
30. The case of State v. Patino (2012) resulted in what conclusion from SCOTUS regarding the right to privacy in text messages?
31. What doctrine did SCOTUS create in S. v. Jacobsen (1984)?
32. In Illinois v. Caballes (2005), SCOTUS ruled that:
33. The first part of a writ of assistance, where royal agents can search anyone, anywhere, anytime, is referred to as a _______________ warrant.
34. An individual person’s expectation of privacy is called:
35. In what case did the Sixth Circuit U.S. Court of Appeals decide that the searches of a laptop computer, a cell phone, and a flash drive were private searches (searches conducted by private parties not associated with the government)? S. v. Miller (1976)
36. The two-pronged test of privacy to determine whether a police action is actually a “search” is referred to as the:
37. General warrants, or writs of assistance, as they were known in Britain and in the American colonies:
38. According to SCOTUS, seizures of property occur when the government meaningfully interferes with an individual’s:
39. In which of the following places does the privacy doctrine apply?
40. In what decade did SCOTUS replace the trespass doctrine with the reasonable expectation of privacy doctrine?
41. Chief Bryan Jenks has a problem. Many car burglaries are occurring in his town, in alleys. The mayor is up for reelection, and the community is demanding action. They want the burglars arrested and convicted, no matter the cost. The mayor has demanded that all police resources be put into catching the criminals. He even has proposed a curfew of 6 pm be imposed citywide on all people except first responders. Before 6 pm, he wants all people walking in alleys stopped and identified. He would like the Constitutional requirements for arrest and conviction lessened, until the burglars are caught, as well. What should Chief Jenks tell the mayor in light of the five “criminal Procedure ideals in the real world”?
42. From the above scenario define and discuss, in relation to the scenario, the concept of applying “Due Process” to the states, via the doctrines of “Fundamental Fairness and selective and total Incorporation.”

Set 2

1. Which of the following refers to the concept of using no more state power and resources than are needed to prevent, investigate, prosecute, sentence, and review ocial actions taken to provide for the ideals of public safety and individual autonomy?
2. The case of S. v. Apple provides the opportunity to see which of the following ideals, as it’s beginning to play out in the courts?
3. In passing the All Writs Act, Congress gave courts a means of ensuring that:
4. What entity can impeach a district court judge?
5. Directing a company to assist law enforcement agents in enabling a search is known as an order to:
6. What criminal procedure ideal is best stated as avoiding two “errors of justice?”
7. In February 2016, which company wrote a letter to its customers, stating its commitment to protecting their personal information?
8. What courts are the general trial courts of the U.S. court system?
9. A proceeding that addresses a motion to throw out evidence in a trial is called:
10. The term “parallel rights” refers to:
11. The ultimate source of American criminal procedure law is:
12. The due process revolution occurred:
13. The cases of Powell v. Alabama (1932) and Brown v. Mississippi (1936) established what came to be known as:
14. In Mapp v. Ohio (1961), the Court applied which of the following to states?
15. Which amendment to the Constitution forbids a government appeal of a verdict of “not guilty”?
16. Court opinions refer to past cases to back up their reasoning and their decision in the present case. What are these prior decisions called?
17. The total incorporation doctrine:
18. The political, dualistic nature of the Supreme Court refers to its commitment to two conicting ideals: fundamental law and:
19. One interpretation of selective incorporation is that:
20. The two landmark cases that began the federal government’s gradual entry into state criminal justice were Powell v. Alabama (1932) and:
21. The “presumption of regularity” posits that:
22. The power of a court to hear and decide cases in a specic geographical area or to deal with a specic subject is called:
23. If an appellate court upholds the decision of a lower court, then the decision has been:
24. In order to claim a violation of the equal protection clause, a claimant must prove that:
25. The two-pronged test of privacy to determine whether a police action is actually a “search” is referred to as the:
26. Until 1967, SCOTUS dened searches mainly according to property law. According to the _______________, to qualify as a search, ocers had to physically invade a “constitutionally protected area.”
27. SCOTUS has not yet decided if searches of certain types of technology constitute Fourth Amendment searches. Which of the following has not been addressed by SCOTUS?
28. In Illinois v. Caballes (2005), SCOTUS held that what amendment did not apply to a drug-sning dog alerting on a car trunk?
29. In what case did SCOTUS decide that attaching a GPS receiver and monitoring a Jeep Grand Cherokee was a Fourth Amendment search?
30. Which of the following is one of the types of crime that searches and seizures were originally intended to combat?
31. In what case did the Sixth Circuit U.S. Court of Appeals decide that the searches of a laptop computer, a cell phone, and a ash drive were private searches (searches conducted by private parties not associated with the government)?
32. In S. v. Galpin (2009), the court addresses the issue of reasonable expectation of privacy in computer les and compares a computer to which of the following?
33. An individual person’s expectation of privacy is called:
34. In what case did the Sixth Circuit U.S. Court of Appeals decide there is a reasonable expectation of privacy in private emails?
35. What is the second question in the three main steps in Fourth Amendment analyses?
36. According to the SCOTUS opinion in S. v. White (1971), involving a friend wired for sound for the police:
37. In Kyllo v. U.S. (2001), SCOTUS ruled that the discovery and measurement of which of the following from a home was a Fourth Amendment search?
38. In California v. Greenwood (1988), SCOTUS held that:
39. SCOTUS has held that citizens, under certain circumstances, have no reasonable expectation of privacy in which of the following?
40. What doctrine holds that, whenever we knowingly reveal our incriminating secrets, we assume the risk that our false friends will use them against us in criminal cases?
41. Chief Bryan Jenks has a problem. Many car burglaries are occurring in his town, in alleys. The mayor is up for reelection, and the community is demanding action. They want the burglars arrested and convicted, no matter the cost. The mayor has demanded that all police resources be put into catching the criminals. He even has proposed a curfew of 6 pm be imposed citywide on all people except rst responders. Before 6 pm, he wants all people walking in alleys stopped and identied. He would like the Constitutional requirements for arrest and conviction lessened, until the burglars are caught, as well. What should Chief Jenks tell the mayor in light of the ve “criminal Procedure ideals in the real world”?
42. John Hamm broke into a house, and hit the homeowner over the head and stole jewelry, a gun, a laptop, and credit cards. The homeowner was treated and released. Hamm was arrested by police two blocks from the house, based upon the description given by the homeowner. Hamm was initially arrested on charges of aggravated burglary and aggravated robbery. At arraignment, the judge asked him, “How do you plead to the charges against you”. Hamm says, “I’m not sure because I have not been told what I’m charged with.” Tersely, the judge states, “You know what you did, just before the cops caught you”?! Hamm says, “Well I know, I did wrong, but I’m not sure what crimes I’m guilty of. I would also like to talk to an attorney and ask some questions of those making these accusations against me.” The judge says, “Our upstanding police are making the acquisitions. Their word is ‘gold’ in this courtroom. And, you just confessed in my opinion, and that confession is good enough for me. I nd you guilty of aggravated burglary and aggravated robbery. I sentence you to death by hanging, at 0400 tomorrow.” The judge banged his gavel and ordered the bailiff to remove John Hamm from his courtroom immediately. An attorney in the Courtroom stands up and says, “Judge, you just violated all of Mr. Hamm’s due process rights. The judge says, “This ain’t no federal court, so we don’t have to follow the Bill of Rights. Now sit down before I throw you in jail for contempt”! From the above scenario dene and discuss, in relation to the scenario, the concept of applying “Due Process” to the states, via the doctrines of “Fundamental Fairness and selective and total Incorporation.”