Module 4 Flashcards

1
Q
  1. The first constitution, known as the Articles of Confederation, was adopted in:
A

1777 (Correct Answer / Your Answer)

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2
Q

. The first constitution, known as the Articles of Confederation, provided for a weak Federal Government because it ___________.

A
  • 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)
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3
Q

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.

A

3 (Correct Answer / Your Answer)

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4
Q

The Legislative branch of the Federal government is responsible for _______.

A

legislation of laws (Correct Answer)

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5
Q

The __________ branch of the Federal government is responsible for determining the constitutionality of laws and presidential actions.

A

Judicial (Correct Answer / Your Answer)

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6
Q

. The purpose of creating the three branches of government and check and balance system was to ensure ________________.

A
  • 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)
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7
Q

Supreme Court determinations on appealed cases regarding the enforcement of laws almost always start with the decision or action made by ___________.

A

the officer in the field (Correct Answer)

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8
Q

. The first 10 Amendments to the Constitution are known as _____________.

A

Bill of Rights (Correct Answer / Your Answer)

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9
Q

The First Amendment prohibits congress from obstructing the exercise of certain freedoms, which include the ____________.

A
  • freedom of speech
  • freedom of religion
  • freedom of assembly
  • all of the above (Correct Answer / Your Answer)
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10
Q

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.

A

Firearms Owner Identification Card (Correct Answer / Your Answer)

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11
Q

The Fourth Amendment protects people against reasonable searches and seizures of either self or property by government officials.

A

False (Correct Answer)

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12
Q

In Mapp v. Ohio was a landmark court case because the Supreme Court ruled __________________.

A
  • 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)
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13
Q

. The Fifth Amendment includes the __________.

A

right to remain silent (Correct Answer / Your Answer)

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14
Q

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.

A

Miranda v. Arizona (Correct Answer / Your Answer)

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15
Q

The Sixth Amendment includes the __________.

A
  • 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)
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16
Q

. The Supreme Court ruled in ____________that if a suspect states that he wants an attorney, the interrogation must cease until an attorney is present.

A

Miranda v. Arizona (Correct Answer / Your Answer)

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17
Q

The most important aspect of the Eighth Amendment influencing law enforcement is the treatment of a prisoner cannot be __________ or _________.

A

cruel or unusual (Correct Answer / Your Answer)

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18
Q

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 ________________.

A

due process of law (Correct Answer / Your Answer)

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19
Q

. 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

A

True (Correct Answer / Your Answer)

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20
Q

The first constitution was known as ______________________.

A

Articles of Confederation (Correct Answer / Your Answer)

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21
Q

The first constitution, known as the Articles of Confederation, provided for a weak Federal Government with limited authority.

A

True (Correct Answer / Your Answer)

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22
Q

The __________ branch of the Federal government is responsible for the enforcement of laws.

A

Executive (Correct Answer)

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23
Q

The ______________ is the head of government.

A
  • Senate
  • House of Representatives
  • Supreme Court
  • None of the above (Correct Answer / Your Answer)
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24
Q

The three branches of government were designed to provide a ________________.

A

check and balance system (Correct Answer / Your Answer)

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25
Q

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.

A

True (Correct Answer / Your Answer)

26
Q

The Second Amendment protects the rights of individuals to keep and bear arms.

A

True (Correct Answer / Your Answer)

27
Q

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.”

A

Terry v. Ohio (Correct Answer / Your Answer)

28
Q

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.

A

does have; can be (Correct Answer / Your Answer)

29
Q

The Sixth Amendment prevents double jeopardy and provides the right to remain silent.

A

False (Correct Answer / Your Answer)

30
Q

The landmark court case concerning the Sixth Amendment is Gideon v. Wainwright.

A

True (Correct Answer / Your Answer)

31
Q

The Fourteenth Amendment provides that a state shall not deprive any person of life, liberty, or property without due process of law.

A

True (Correct Answer / Your Answer)

32
Q

. Courts have historically balanced law enforcement actions against the U.S. Constitution and Amendments. These decisions have ___________ or _________ police powers to conduct investigations.

A

expanded or reduced (Correct Answer / Your Answer)

33
Q

The Articles of Confederation followed the Revolutionary War and signing of the Declaration of Independence.

A

True

34
Q

The purpose of creating the three branches of government and check and balance system was to ensure

A

None of the above: the executive branch has complete control; only one branch did become too powerful; & the judicial branch could dominate all decisions___.

35
Q

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.

A

True

36
Q

The first 10 Amendments to the Constitution are known as

A

Bill of Rights

37
Q

The Fourth Amendment protects people against

A

unreasonable searches and seizures

38
Q

The landmark court cases concerning the Fourth Amendment are Mapp v. Ohio and Terry v. Ohio.

A

True

39
Q

The landmark court cases concerning the Fifth Amendment are Mapp v. Ohio and Terry v. Ohio

A

False

40
Q

The most important aspect of the Sixth Amendment influencing law enforcement is the

A

right to have the assistance of counsel for defense

41
Q

The Eighth Amendment provides the suspects being interviewed by police to have the assistance of counsel

A

False

42
Q

The Fourteenth Amendment limits state power by stating

A

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

43
Q

The first constitution, known as the Articles of the Confederation, was weak because most of the power was with the

A

States

44
Q

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

A

False

45
Q

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.

A

• True (Correct Answer / Your Answer)

46
Q

. The Fourth Amendment protects people against unreasonable searches and seizures of either self or property by government officials.

A

• True (Correct Answer / Your Answer)

47
Q

The Fourteenth Amendment provides that a state shall not deprive any person of life, liberty, or property without due process of law.

A

• True (Correct Answer / Your Answer)

48
Q

The Executive branch of the Federal government is responsible for the enforcement of laws.

A

• True (Correct Answer / Your Answer)

49
Q

. The purpose of creating the three branches of government and check and balance system was to ensure ________________.

A

• one branch did not become too powerful (Correct Answer / Your Answer)

50
Q

The first 10 Amendments to the Constitution are known as Bill of Rights and offer ____________.

A
  • protection of individual liberty
  • protection of individual justice
  • limits on government powers
  • all of the above (Correct Answer / Your Answer)
51
Q

. The First Amendment prohibits congress from obstructing the exercise of certain freedoms, which include the ____________.

A

• freedom of religion (Correct Answer / Your Answer)

52
Q

The first three Articles of the U.S. Constitution _______________ and the division of the Federal government into three branches of government.

A

outline the separation of powers (Correct Answer / Your Answer)

53
Q

. The Fourth Amendment protects people against unreasonable searches and seizures of either self or property by government officials.

A

True (Correct Answer / Your Answer)

54
Q

The Fifth Amendment includes the right to trial for major crimes only after indictment, prevents double jeopardy, and the right to remain silent.

A

True (Correct Answer / Your Answer)

55
Q

The Fifth Amendment includes the __________.

A

• right to trial for major crimes only after indictment
• right to remain silent
• prevents double jeopardy
all of the above (Correct Answer / Your Answer)

56
Q

The Eighth Amendment prescribes _________.

A

• excessive fines shall not be imposed (Correct Answer/Your Answer)

57
Q

The first three Articles of the U.S. Constitution outline the separation of powers and ________.

A

the division of the Federal government into three branches of government. (Correct Answer / Your An-swer)

58
Q

The __________ branch of the Federal government legislate new laws.

A

• Legislative (Correct Answer / Your Answer)

59
Q

. The Second Amendment protects the rights of individuals to ___________.

A

• keep and bear arms (Correct Answer / Your Answer)

60
Q

. 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.

A

does have; indigent (Correct Answer / Your Answer)