Module 4 Flashcards
- The first constitution, known as the Articles of Confederation, was adopted in:
1777 (Correct Answer / Your Answer)
. The first constitution, known as the Articles of Confederation, provided for a weak Federal Government because it ___________.
- limited the authority of the federal government
- left most of the decision making to the states
- did not provide a central government capable of foreign policy decisions
- all of the above (Correct Answer / Your Answer)
The first three Articles of the U.S. Constitution outline the separation of powers and the division of the Federal government into ____ branches of government.
3 (Correct Answer / Your Answer)
The Legislative branch of the Federal government is responsible for _______.
legislation of laws (Correct Answer)
The __________ branch of the Federal government is responsible for determining the constitutionality of laws and presidential actions.
Judicial (Correct Answer / Your Answer)
. The purpose of creating the three branches of government and check and balance system was to ensure ________________.
- the executive branch has complete control
- only one branch did become too powerful (Your Answer)
- the judicial branch could dominate all decisions
- None of the above (Correct Answer)
Supreme Court determinations on appealed cases regarding the enforcement of laws almost always start with the decision or action made by ___________.
the officer in the field (Correct Answer)
. The first 10 Amendments to the Constitution are known as _____________.
Bill of Rights (Correct Answer / Your Answer)
The First Amendment prohibits congress from obstructing the exercise of certain freedoms, which include the ____________.
- freedom of speech
- freedom of religion
- freedom of assembly
- all of the above (Correct Answer / Your Answer)
The Second Amendment protects the rights of individuals to keep and bear arms. The Courts have ruled states can place restrictions on individual ownership of firearms, of which a ___________ is an example of a restriction in Illinois.
Firearms Owner Identification Card (Correct Answer / Your Answer)
The Fourth Amendment protects people against reasonable searches and seizures of either self or property by government officials.
False (Correct Answer)
In Mapp v. Ohio was a landmark court case because the Supreme Court ruled __________________.
- the exclusionary rule applied to individual states
- evidence against the defendant was an unreasonable seizure of property (Your Answer)
- evidence against the defendant must be excluded
- all of the above (Correct Answer)
. The Fifth Amendment includes the __________.
right to remain silent (Correct Answer / Your Answer)
The Supreme Court ruled in ____________that if a suspect indicates in any manner, at any time prior to or during questioning, that he wishes to remain silent, the interrogation must cease.
Miranda v. Arizona (Correct Answer / Your Answer)
The Sixth Amendment includes the __________.
- right to a speedy and public trial
- right to have the assistance of counsel for defense (Your Answer)
- right to be confronted with the witnesses against the suspect
- all of the above (Correct Answer)
. The Supreme Court ruled in ____________that if a suspect states that he wants an attorney, the interrogation must cease until an attorney is present.
Miranda v. Arizona (Correct Answer / Your Answer)
The most important aspect of the Eighth Amendment influencing law enforcement is the treatment of a prisoner cannot be __________ or _________.
cruel or unusual (Correct Answer / Your Answer)
The most important aspect of the Fourteenth Amendment influencing law enforcement is that a state shall not deprive any person of life, liberty, or property without ________________.
due process of law (Correct Answer / Your Answer)
. Understanding the U.S. Constitution, constitutional amendments, court decisions/interpretations of cases, and departmental policy/procedure are critical to insure your actions do not result in a bad court decision for law enforcement
True (Correct Answer / Your Answer)
The first constitution was known as ______________________.
Articles of Confederation (Correct Answer / Your Answer)
The first constitution, known as the Articles of Confederation, provided for a weak Federal Government with limited authority.
True (Correct Answer / Your Answer)
The __________ branch of the Federal government is responsible for the enforcement of laws.
Executive (Correct Answer)
The ______________ is the head of government.
- Senate
- House of Representatives
- Supreme Court
- None of the above (Correct Answer / Your Answer)
The three branches of government were designed to provide a ________________.
check and balance system (Correct Answer / Your Answer)
The Supreme Court may rule against the prosecution (and officer) in a criminal appeal and, as a result, set precedence in how future law enforcement action must be managed.
True (Correct Answer / Your Answer)
The Second Amendment protects the rights of individuals to keep and bear arms.
True (Correct Answer / Your Answer)
The U.S. Supreme Court ruled in __________ that an officer may frisk the suspect without probable cause, but must have reasonable suspicion the person “has committed, is committing, or is about to commit a crime and has a reasonable belief that the person “may be armed and presently dangerous.”
Terry v. Ohio (Correct Answer / Your Answer)
In Miranda v. Arizona, the landmark court case of the Fifth Amendment, the Supreme Court ruled, prior to the interrogation, the suspect must be clearly informed that he ____ the right to remain silent and anything that he says ____ used against him in court.
does have; can be (Correct Answer / Your Answer)
The Sixth Amendment prevents double jeopardy and provides the right to remain silent.
False (Correct Answer / Your Answer)
The landmark court case concerning the Sixth Amendment is Gideon v. Wainwright.
True (Correct Answer / Your Answer)
The Fourteenth Amendment provides that a state shall not deprive any person of life, liberty, or property without due process of law.
True (Correct Answer / Your Answer)
. Courts have historically balanced law enforcement actions against the U.S. Constitution and Amendments. These decisions have ___________ or _________ police powers to conduct investigations.
expanded or reduced (Correct Answer / Your Answer)
The Articles of Confederation followed the Revolutionary War and signing of the Declaration of Independence.
True
The purpose of creating the three branches of government and check and balance system was to ensure
None of the above: the executive branch has complete control; only one branch did become too powerful; & the judicial branch could dominate all decisions___.
The enforcement of laws (executive function) may be appealed to the Supreme Court (judicial), which may result in the determination of the constitutionality of the law enforcement action.
True
The first 10 Amendments to the Constitution are known as
Bill of Rights
The Fourth Amendment protects people against
unreasonable searches and seizures
The landmark court cases concerning the Fourth Amendment are Mapp v. Ohio and Terry v. Ohio.
True
The landmark court cases concerning the Fifth Amendment are Mapp v. Ohio and Terry v. Ohio
False
The most important aspect of the Sixth Amendment influencing law enforcement is the
right to have the assistance of counsel for defense
The Eighth Amendment provides the suspects being interviewed by police to have the assistance of counsel
False
The Fourteenth Amendment limits state power by stating
all of the above: a state shall not violate a citizen’s privileges or immunities; shall not deprive any person of life, liberty, or property without due process of law; & must guarantee all persons equal protection of law
The first constitution, known as the Articles of the Confederation, was weak because most of the power was with the
States
The First Amendment prohibits congress from obstructing the exercise of certain freedoms, including the right to free speech. This is an absolute freedom and there are no exceptions
False
The first 10 Amendments to the Constitution are known as Bill of Rights and offer protection of individual liberty and justice, as well as limits on governmental power.
• True (Correct Answer / Your Answer)
. The Fourth Amendment protects people against unreasonable searches and seizures of either self or property by government officials.
• True (Correct Answer / Your Answer)
The Fourteenth Amendment provides that a state shall not deprive any person of life, liberty, or property without due process of law.
• True (Correct Answer / Your Answer)
The Executive branch of the Federal government is responsible for the enforcement of laws.
• True (Correct Answer / Your Answer)
. The purpose of creating the three branches of government and check and balance system was to ensure ________________.
• one branch did not become too powerful (Correct Answer / Your Answer)
The first 10 Amendments to the Constitution are known as Bill of Rights and offer ____________.
- protection of individual liberty
- protection of individual justice
- limits on government powers
- all of the above (Correct Answer / Your Answer)
. The First Amendment prohibits congress from obstructing the exercise of certain freedoms, which include the ____________.
• freedom of religion (Correct Answer / Your Answer)
The first three Articles of the U.S. Constitution _______________ and the division of the Federal government into three branches of government.
outline the separation of powers (Correct Answer / Your Answer)
. The Fourth Amendment protects people against unreasonable searches and seizures of either self or property by government officials.
True (Correct Answer / Your Answer)
The Fifth Amendment includes the right to trial for major crimes only after indictment, prevents double jeopardy, and the right to remain silent.
True (Correct Answer / Your Answer)
The Fifth Amendment includes the __________.
• right to trial for major crimes only after indictment
• right to remain silent
• prevents double jeopardy
all of the above (Correct Answer / Your Answer)
The Eighth Amendment prescribes _________.
• excessive fines shall not be imposed (Correct Answer/Your Answer)
The first three Articles of the U.S. Constitution outline the separation of powers and ________.
the division of the Federal government into three branches of government. (Correct Answer / Your An-swer)
The __________ branch of the Federal government legislate new laws.
• Legislative (Correct Answer / Your Answer)
. The Second Amendment protects the rights of individuals to ___________.
• keep and bear arms (Correct Answer / Your Answer)
. In Miranda v. Arizona, the Supreme Court reinforced the Sixth Amendment, prior to the interrogation, the suspect must be clearly informed that he ____ the right to consult with a lawyer and to have the lawyer with him during interrogation, and that, if he is ______, a lawyer will be appointed to represent him.
does have; indigent (Correct Answer / Your Answer)