Rights of the Accused : 11/30/15

Question 1

A major challenge for democratic political systems is dealing with c___ and c________.

Answer 1

Crime, criminals

Question 2

A _____ is an act against a law of the state. It may also harm an individual or a person’s property.

Answer 2

Crime

Question 3

To protect the innocent, the ___ amendment guarantees “the right of people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures.”

Answer 3

4th

Question 4

Before 1980, ___ states had search laws that permitted police to enter a home without a warrant if they had probable cause to believe that the occupant had committed a _____ - is a major crime.

Answer 4

23, felony

Question 5

The police do not need a w______ to search and arrest a person they see breaking the law.

Answer 5

Warrant

Question 6

In W_____ v. U_____ S_____ the Court established the exclusionary rule.

Answer 6

Weeks, United States

Question 7

The e_________ r___ states that any illegally obtained evidence cannot be used in federal court.

Answer 7

Exclusionary rule

Question 8

They ask whether criminals should go free simply because the police made a mistake in collecting e_______.

Answer 8

Evidence

Question 9

In the U_____ S_____ v. L____ the Court ruled that as long as the police act in good faith when they request a warrant, the evidence they collect may be used in court even if the warrant is defective.

Answer 9

United States, Leon

Question 10

In the ____ case, a judge had made a mistake by issuing a w_____ based on p______ c____ that later was found to be invalid.

Answer 10

Leon, probable cause

Question 11

That same year, in 1984, the Court also approved an “i________ d______” exception to the exclusionary rule.

Answer 11

Inevitable discovery

Question 12

In N__ v. W______, the Court held that evidence obtained in violation of a defendant’s rights can be used at trial.

Answer 12

Nix, Williams

Question 13

The p________, however, must show that the evidence would have been eventually discovered by legal means.

Answer 13

Prosecutor

Question 14

The police are free to “_____” an automobile and the containers within it where they have p______ c____ to believe c________ or e_______ is contained.

Answer 14

Search, probable cause, contraband, evidence

Question 15

___ amendment protections may be limited inside h___ s______.

Answer 15

4th, high schools

Question 16

In N___ J_____ v. __.__.__., the Supreme Court ruled that school officials do not need warrants or probable cause to search students or their property. All that is needed are r_________ g_____ to believe a search will uncover evidence that a student has broken school rules.

Answer 16

New Jersey, T. L. O., reasonable grounds

Question 17

In 1995 the Court upheld in V______ S_____ D_____ ____ v. A_____ mandatory suspicionless drug tests for all students participating in interscholastic athletics.

Answer 17

Vernonia School District 47J v. Acton

Question 18

In K____ v. U_____ S_____ extended the __th Amendment protections by prohibiting wiretapping without a warrant.

Answer 18

Katz v. United States, 4th

Question 19

In 1968 Congress passed the omnibus C____ C_____ and S___ S_____ A___ which required federal, state, and local authorities to obtain a court order for most wiretaps.

Answer 19

Crime Control and Safe Streets Act

Question 20

In 1978 Congress passed the F_____ I_________ S__________ A___, requiring a court order even for wiretapping and bugging in national security cases.

Answer 20

Federal Intelligence Surveillance Act

Question 21

The __th Amendment guarantees a defendant the right “to have the assistance of counsel for his defense.”

Answer 21

6

Question 22

Generally, the federal courts provided ______, or an ______, in federal cases.

Answer 22

Counsel, attorney

Question 23

The Supreme Court first dealt with the right to counsel in state courts in P_____ v. A________ (?).

Answer 23

Powell v. Alabama (1932)

Question 24

Ten years later, in B____ v. B____, the Court held that states did not have to provide a lawyer in cases not involving the death penalty.

Answer 24

Betts v. Brady

Question 25

In 1963, C_______ E___ G_____ won a landmark case that ended the Betts rule.

Answer 25

Clarence Earl Gideon

Question 26

In 1963, in a unanimous verdict, the Court overruled B____ v. B____.

Answer 26

Betts v. Brady

Question 27

G______ was released, retried with a lawyer assisting him, and acquitted.

Answer 27

Gideon

Question 28

Hundreds of other F______ prisoners and thousands more in other states who had been convicted without _______ were also set free.

Answer 28

Florida, counsel

Question 29

The Court has since extended the G_____ decision by ruling that whenever a jail sentence of ___ months or more is possible punishment, the accused has a right to a l____ at the public’s expense from the time of the arrest through the appeals process.

Answer 29

Gideon, 6, lawyer

Question 30

The __th Amendment says that no one “shall be compelled in any criminal case to be a witness against himself”.

Answer 30

5

Question 31

The courts have interpreted the __th amendment’s protection against s___-__________ to court witnesses before congressional committees and grand juries as well as defendants in criminal cases.

Answer 31

5, self-incrimination

Question 32

The __th Amendment also protects defendants against c_________ extorted by f_____ or v_______.

Answer 32

5, confessions, force, violence

Question 33

E________ v. I_____ : In 1964, the Court reversed Escobedo’s conviction, ruling that Escobedo’s __th Amendment right to remain silent and his __th Amendment right to an attorney had been violated.

Answer 33

Escobedo v. Illinois, 5, 6

Question 34

A c_________ or other incriminating statements an accused person makes when he or she is denied access to a l_____ may not be used in trial.

Answer 34

Confession, lawyer

Question 35

In M____ _____, E_____ M______ had been arrested and convicted for the rape and kidnapping of an 18 year old woman.

Answer 35

March 1963, Ernesto Miranda

Question 36

During questioning, M______ was not told he could remain s_____ or have a l_____.

Answer 36

Miranda, silent, lawyer

Question 37

M_____ confessed, signed a statement admitting and describing the crime, was convicted, and then appealed.

Answer 37

Miranda

Question 38

The Court ruled that the __th amendment’s protection against s___-____________ requires suspects be clearly informed of their _____ before police question them.

Answer 38

5, self-incrimination, rights

Question 39

The guidelines that police use before the questioning of suspects are now known as the M______ r____.

Answer 39

Miranda rules

Question 40

The __th amendment states in part that no person shall be “twice put in jeopardy of life and limb.”

Answer 40

5

Question 41

D______ j_______ means a person may not be tried twice for the same crime, thus protecting people from continual harassment.

Answer 41

Double jeopardy

Question 42

The __th amendment forbids “cruel and unusual punishments.”

Answer 42

8

Question 43

In G_____ v. G______ (?) the Court ruled that under adequate guidelines the death penalty does not constitute cruel and unusual punishment.

Answer 43

Gregg v. Georgia (1976)

Question 44

A_______ a_____ is a set of policies developed in the _____s to remedy past discrimination.

Answer 44

Affirmative action, 1960

Question 45

Often a________ a______ policies involve the targeted recruitment of w_____ and m_______.

Answer 45

Affirmative action, women, minorities

Question 46

A________ a_____ is required by the federal government or the courts, but many businesses use it voluntarily.

Answer 46

Affirmative action

Question 47

R______ d___________ is the practice or policy of favoring individuals belonging to groups known to have been discriminated against previously.

Answer 47

Reverse discrimination

Question 48

R______ of the U________ of C________ v. B______ ruled that colleges and universities could not use a q_____ s______, although they could consider race in admissions.

Answer 48

Regents of the University of California v. Bakke, quote system

Question 49

W___ C_______, an African American on Cal’s Board of Regents proposed P________ ___ which would amend the Constitution of California.

Answer 49

Ward Connerly, Proposition 209

Question 50

P________ ____ made it where the state was barred from favoring applicants on the basis of race, gender, ethnicity, or national origin.

Answer 50

Proposition 209

Question 51

Women did not win the right to vote until ____ when the __th amendment was adopted.

Answer 51

1920, 19

Question 52

In R____ v. R____ the Court said that a law that automatically preferred a father over a mother as executor of a son’s estate violated the __th amendment.

Answer 52

Reed v. Reed, 14

Question 53

The C____ R_____ A__ of _____ banned job discrimination based on gender.

Answer 53

Civil Rights Act of 1964

Question 54

The E____ E___________ O________ A___ strengthened earlier laws on discrimination in hiring and firing practices, promotion, pay, and other employment actions.

Answer 54

Equal Employment Opportunity Act

Question 55

Congress passed a comprehensive education law that included provisions referred to as ____ __.

Answer 55

Title IX

Question 56

P____ M___, the first Asian American woman elected to Congress, was the primary sponsor of Title IX.

Answer 56

Patsy Mink

Question 57

The ______ _______ __________ (?) stated: “Equality of rights under the law shall not be denied or abridged by the US or by any state on account of sex.”

Answer 57

Equal Rights Amendment (ERA)