chapter 4: Civil Liberties Flashcards
The process of extending the protections of the Bill of Rights by means of the fourteenth amendment to apply the actions of state governments is known as
________
incorporation
If a police officer has a reasonable belief that someone is committing or about to commit a crime, that officer can stop and frisk the suspect without __________.
a warrant
Which of the following is one of the central concerns of the first amendment?
Rights of citizens to petition the government for redress of grievances
Legislation forbidding flag burning was deemed constitutional because it
1st amendment protection of expression and a symbolic speech
Which test/court case examines the constitutionality of religious establishment?
lemon test / lemon v kurtzman
When a defendant in a criminal case agrees to plead guilty in exchange for concessions from the prosecution, the case has been resolved by what?
plea bargaining
The Bill of Rights is made up of the first ________ amendments to the U.S. Constitution
ten
Near v. Minnesota was a landmark Supreme Court involving which of the following
prior restraint
Prohibiting a newspaper from publishing a story critical of the government is an example of what kind of law?
prior restraint
Which of the following is responsible for determining whether enough evidence exists to support a conviction against a criminal defendant?
jury
In Miranda v. Arizona the United States Supreme Court declared that
police must inform criminal suspects of their constitutional rights before questioning suspects after arrest
A written statement is ________, the same statement spoken aloud is ______.
libel : slander
Gitlow v. New York, in which the Supreme Court held that freedom of speech and of the press are fundamental liberties protected by the fourteenth amendment from impairment by the States, began the development of the doctrine of ________.
incorporation
Does the USA Patriot Act expand an exception found in which __ amendment to allow spying?
4th
Which Supreme Court case upheld an individual’s right to have a gun in his or her home?
McDonald v. Chicago
Opponents of the death penalty have argued that it violates which amendment to the Constitution?
8th
The free exercise clause guarantees that the national government will not interfere with which of the following?
Religion
In Roth v. U.S., the Supreme Court held that material must be utterly without social importance to be considered _______.
obscene
Legal questions regarding birth control stem from the implied right to which of the following
privacy
The Supreme Court has ruled which of the following concerning the death penalty?
The death penalty is not necessarily cruel and unusual punishment
NYT CO. v. Sullivan held that there must be proof of which of the following in order to find libel against a public figure?
Actual malice (desire to do evil)
Which rule bars the use of illegally seized evidence at trial?
exclusionary
Which of the following Supreme Court cases demonstrates how reluctant the courts are to excercise prior restraint even when national security issues are involved?
New York Times v. the United States
ruled against prior restraint
Which of the following generally is unconstitutional in school?
Prayer
Civil liberties are ______ that the government cannot take away
protections
Miranda rights include the right to which of the following?
Counsel
which of the following amendments to the Constitution most likely provides the basis for a driver to challenge the constitutionality of police use of sobriety checkpoints in enforcing drunk driving laws?
4th Amendment protection against unreasonable search and seizure
Double jeopardy clause prevents an individual who is acquitted of a crime from which of the following?
Being tried again
The Constitution protects against search of an individual’s person, home, or vehicle without _____
a warrant
The doctrine of prior restraint prevents the government from prohibiting speech or publication_______
before the fact
The Supreme Court briefly outlawed which of the following in the 1970s by asserting that it was being imposed in an arbitrary manner?
Capital punishment
In Roe v. Wade, the majority of the Supreme Court justices determined that __________
the US Constitution implied a right to privacy and thus made abortions legal
The Supreme Court has ruled that states can limit abortions if the regulations do not pose which of the following?
An undue burden
Which of the following best describes the purpose of the establishment clause?
It prohibits Congress from establishing a state religion
According to Roe v. Wade, what could the state do if women wanted to obtain an abortion in her 1st trimester?
The state could not exercise any control over it
The 4th Amendment of the Constitution protects citizens from which of the following?
Search and seizure
A writ of habeas corpus refers to ____
a person’s right to know the reasons for their imprisonment
What does the 6th Amendment guarantee to the accused of a crime?
assistance of counsel
Which amendment forbids coercion (threats or blackmail) in the form of entrapment?
5th Amendment
The Supreme Court has aroused the wrath of many Americans with rulings like that in Engel v. Vitale regarding which controversial religious issue?
Recitation of prayer and Bible passages in school
Which Supreme Court case developed the exclusionary rule? exclusionary = exclude illegal evidence
Mapp v. Ohio
In Barron v. Baltimore, the Supreme Court held that the Bill of Rights limits _____, not _________ action
federal : state and local
Both Gitlow v. New York and New York Times v. Sullivan are US Supreme Court cases that dealt with which of the following amendments to the US Constitution?
1st Amendment
During World War 1, the Supreme Court upheld the conviction of Charles T. Schenck, ruling that government can limit speech that ______________
creates a clear and present danger
The free-exercise clause protects ____________
voluntary prayer by student groups before school
The Supreme Court has used incorporation to ___ the rights of states
limit
