test 2 Flashcards

1
Q

. Although the two concepts are often used interchangeably, the difference between civil liberties and civil rights is which of the following:

A

civil liberties are the Constitution’s protections “from” government power; civil rights are the Constitution’s protections provided “by” government power

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2
Q

The effort to secure civil rights for African Americans rested on which of the following:

A

configuring politics to allow society’s competing interests to check one another

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3
Q

Madison, who recognized that people act most forcefully when they have a stake in the outcome, believed tyranny could best be avoided by which of the following

A

empowering every faction to look out for its own interests

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4
Q

Between 1807 and 1819, slavery was a side-issue in politics only because of which of the following

A

the northern and southern states carefully maintained regional balance in the Senate by equally matching slave states’ and free states’ entry into the Union

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5
Q

In the antebellum South, white majorities enlisted state authority to preserve slavery, aided by their agents in the Senate, who did which of the following, as Madison warned

A

they succeeded in frustrating national action

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6
Q

After Lincoln was elected, for the first time in American history which of the following was true

A

the president and a majority of both houses of Congress were aligned against slavery’s extension

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7
Q

For most states, freeing slaves and granting slaves full-fledged citizenship were two different things and

A

granting slaves full-fledged citizenship was considered radical even by abolitionists

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8
Q

The Fourteenth Amendment, as an integral part of Reconstruction, was intended to serve two constituencies–first, African Americans in the South, and second

A

the Republican majority in Washington, D.C.

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9
Q

Section 2 of the Fourteenth Amendment reaffirms the constitutional prescription of apportioning seats in the House or Representatives according to a state’s population but makes the following exception:

A

if black males are not allowed to vote in federal and state elections, the number of allocated seats would be reduced proportionally

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10
Q

It is evident that Reconstruction was driven by narrow partisan purposes for which of the following reasons

A

all the freed slaves got from Congress was the ballot

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11
Q

The commitment of northern Republicans to Reconstruction in the South waned after which of the following

A

an economic recession led to many Republican losses in the 1874 election

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12
Q

The 1965 Voting Rights Act authorized the Justice Department, under certain circumstances, to send federal officers into communities to directly register voters. This policy is which of the following

A

perfectly consistent with Madison’s proposed national veto over objectionable state laws

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13
Q

The Johnson administration’s high-profile sponsorship of civil rights laws set the stage for civil rights to do which of the following:

A

to emerge as a major campaign issue in the 1964 presidential election

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14
Q

The difference between de facto segregation and de jure segregation is which of the following

A

de facto segregation is mandated by law; de jure segregation is not mandated by law

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15
Q

Early feminists called themselves “suffragists” because of which of the following

A

one important issue for them was campaigning for the vote

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16
Q

convened an abolitionist society meeting in his home and invited delegates to the Constitutional Convention to attend

A

Benjamin Franklin

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17
Q

Between 1882 and 1950, 4,729 lynchings were reported in the United States. African Americans were the victims of these lynchings in which portion of these cases

A

about three-quarters of the cases

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18
Q

Congress passed a law that ended the importation of slaves in 1807 for which of the following reasons

A

the Constitution’s prohibition against the federal government’s regulation of the slave trade was about to expire

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19
Q

A small but persistent abolitionist movement before and into the Civil War forced the nation to do which of the following

A

face the discrepancy between its creed, “Life, Liberty, and the Pursuit of Happiness,” and the enslavement of 10 percent of its population

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20
Q

Whereas Madison viewed competing ambitions as performing a limited but vital service of neutralizing politicians who might be inclined to serve themselves more than their constiuencies, the history of civil rights portrays these same vote-seeking politicians as

A

transforming moral justice into public policy

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21
Q

Wilmot, Lincoln, and Johnson all assembled coalitions of self-interested constituencies behind

A

policies that have rapidly evolved to secure the civil rights of all Americans

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22
Q

Which of the following was the rationale behind the Missouri Compromise of 1820, which matched Missouri’s entry into the Union as a slave state with Maine’s entry into the Union as a free state

A

the parties compromised so the balance in the Senate between free and slave states would be maintained

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23
Q

In 1846, David Wilmot, a Democratic representative from Pennsylvania, sought to ban slavery in the newly acquired territories for which of the following reasons

A

because the presence of slaves as free labor depressed wages for white workers

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24
Q

The Fugitive Slave Law of 1850 forced law enforcement authorities

A

in both the North and the South to act as slaveholders’ agents in seizing and returning their “property

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25
Q

When was the first time in American history that the president and a majority in both the House and the Senate were opposed to the extension of slavery into the new territories

A

not until the election of Abraham Lincoln and a commanding majority of Republicans in the House of Representatives, along with a Republican alliance with splinter parties in the Senate

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26
Q

Which of the following had occurred by June of 1861

A

eleven states had left the Union and formed a new confederation-style government

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27
Q

. In the five year period from 1865 to 1870, slaves were emancipated, granted citizenship, and guaranteed the right to vote. However, which of the following was also true

A

only a handful of Union states gave African American citizens equal access to the ballot box

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28
Q

Shortly after the Civil War, southern legislators enacted laws to keep former slaves from voting. These laws were called which of the following

A

black codes

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29
Q

The Fourteenth Amendment to the Constitution provides in part that no state shall “deprive any person of life, liberty, or property without the due process of law,

A

deny to any person within its jurisdiction the equal protection of the laws

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30
Q

The First Reconstruction Act of 1867 disbanded the governments of the southern states and replaced them with which of the following

A

five military districts headed by generals and administered by more than twenty thousand troops

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31
Q

The purpose of Reconstruction can best be characterized as which of the following

A

a massive and successful social and economic reconstruction of the South

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32
Q

Jim Crow laws” were which of the following

A

laws adopted throughout the South to disenfranchise black citizens and to institutionalize segregation

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33
Q

The white primary, which excluded African Americans from voting in the primary, effectively disenfranchised African Americans because of which of the following reasons

A

the South was solidly Democratic, so winning the Democratic primary was the same as winning the election

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34
Q

The poll tax, literacy tests, and grandfather clause were all mechanisms by which

A

African Americans were deprived of the right to vote

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35
Q

The Supreme Court decision in Brown v. Board of Education of Topeka is most notable for which of the following reasons

A

it struck down the separate but equal doctrine established by Plessy v. Ferguson

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36
Q

After Brown v. Board of Topeka was decided in 1954, Central High School in Little Rock, Arkansas, was integrated in 1957 with the help of which of the following

A

U.S. Army troops sent by President Dwight Eisenhower

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37
Q

. Rosa Parks launched the Montgomery bus boycott in December of 1955 by doing which of the following

A

refusing to surrender her seat to a white person and move to the back of a city bus as required by law

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38
Q

Rev. Martin Luther King Jr. spearheaded demonstrations throughout the South through his organization, which was called

A

the Southern Christian Leadership Conference

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39
Q

As a result of the Voting Rights Act of 1965, which of the following happened

A

both voter registration and election to office increased dramatically for African Americans

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40
Q

. Affirmative action refers to a policy that does which of the following

A

gives special consideration to minorities in their selection for employment and education where employers or government agencies have practiced discrimination in the past

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41
Q

The 1970 extension of the Voting Rights Act required which of the following with regard to ballots

A

ballots be available in Spanish where at least 5 percent of the population is Hispanic

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42
Q

Growing numbers and a concentrated residential pattern for Hispanics mean which of the following

A

politicians will find they can ill afford to ignore this constituency

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43
Q

In Lawrence v. Texas (2003), the Supreme Court ruled state antisodomy laws were unconstitutional, citing which of the following

A

the court in so doing cited individual privacy protections

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44
Q

The phrase “hate crime designation” refers to which of the following

A

those provisions of the criminal code that make it illegal, or enhance penalties for, violence directed against individuals, property, or organizations solely because of the victim’s race, gender, national origin, or sexual orientation

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45
Q

In both 2008 and 2010, the American electorate

A

delivered a powerful message of discontent with the status quo

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46
Q

Pluralist politics is all about building coaltitions, which means

A

getting people to agree to an action even in the absence of agreement about the purpose of the action

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47
Q

When James Madison defended the Constitution in Federalist 10, he adopted the term “republic” to

A

emphasize the distinction between democracy as the eighteenth century Americans saw it and the proposed new system

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48
Q

James Madison characterized the proposed new system of representative democracy as a “republic,” which he distinguished from a democracy due to

A

the delegation of the government to a small number of people elected by the rest, and the greater number of people and sphere of the country over which the government may be extended

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49
Q

Elections work to ameliorate the problem of delegation of authority in which of the following ways

A

all of the above

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50
Q

Every expansion of suffrage since the adoption of the Constitution has had to do which of the following

A

overcome both philosophical objections and mundane calculations of political advantage

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51
Q

The assorted demographic and institutional influences on voting produce an electorate

A

in which wealthy, well-educated, older white people are overrepresented and poor, uneducated, young, and nonwhite people are underrepresented

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52
Q

Systematic evidence suggests that the variations in policy preferences between voters and nonvoters are

A

. not very different and few elections would have different outcomes even if every eligible voter voted

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53
Q

When the goals and tactics of political entrepreneurs change

A

the level of electoral participation changes because turnout is directly affected by these activities

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54
Q

Casting a vote is making a prediction about the future

A

that electing one candidate will produce a better outcome in some relevant sense than electing another candidate

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55
Q

The most important information shortcut voters use to make predictions is

A

advertisements about specific policy proposals

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56
Q

Party labels provide cues for performance voting so voters can easily

A

vote for the in-party when the voter thinks the government is doing well and vote for the out-party when the voter thinks the government is doing badly

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57
Q

. Issue voting is

A

made easier by party labels because the typical positions of Republicans and Democrats differ in predictable ways on many issues

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58
Q

. One political consultant explained this campaign tactic by saying: “People say they hate _________________. But [this tactic] works. They hate it and they remember it

A

negative campaigning

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59
Q

Some of the staples of political advertising are

A

all of the above

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60
Q

A highly competitive election for the House of Representatives is defined as a race in which the winner received

A

55 percent or less of the major-party vote

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61
Q

Broadly speaking, campaign finance operates through two parallel systems

A

money given directly to candidates, which is regulated, and money spent outside of the candidate’s campaign, which generally is unregulated

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62
Q

The ultimate barrier to a more egalitarian campaign finance system is

A

the First Amendment to the Constitution as it is currently interpreted by the Supreme Court

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63
Q

When candidates form relatively stable coalitions with other would-be leaders–that is, combine into political parties–the following is true

A

they narrow voter choices to a manageable number and simplify voters’ choices across offices and over time

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64
Q

the 2008 presidential election

A

gave Democrats full control of the federal government for the first time since 1994

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65
Q

Overall, large increases in the turn-out in the presidential elections of 2004 and 2008 is attributable to

A

intensive registration campaigns

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66
Q

Which of the following is true about the practices of selecting leaders by ballot and limiting suffrage

A

these arrived with the settlers from England, and many of the suffrage restrictions survived the Revolution

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67
Q

When was universal suffrage for white men achieved

A

in the 1840s, in the wake of the triumph of Jacksonian democracy

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68
Q

Universal suffrage for women was achieved

A

in 1920 with the adoption of the Nineteenth Amendment

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69
Q

The Civil War amendments did which of the following

A

did not effectively extend the vote to African Americans

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70
Q
  1. The most recent expansion of voting rights lowered the voting age of citizens to eighteen years through the
A

Twenty-sixth Amendment in 1971

71
Q

Other things being equal, the voting rates for men and women

A

are about the same

72
Q

Most candidates and parties have replaced labor-intensive, door-to-door campaigns with

A

money-intensive television and direct-mail campaigns

73
Q

Voters who coalesce around causes such as gun control or gun rights are

A

single-issue voters

74
Q

The best single predictor of how someone will vote in federal elections is

A

party identification

75
Q

The ___________ is the candidate’s answer to the voter’s question: Why should I vote for this candidate

A

message

76
Q

A focus group is

A

a small number of ordinary citizens who are observed as they talk with each other about political candidates, issues, and events

77
Q

_____________________ was a sign put up by Bill Clinton’s campaign manager in 1992 to keep focus on the campaign’s most powerful message.

A

It’s the economy, stupid

78
Q

In the single most expensive Senate race so far–New York in 2000–Hillary Rodham Clinton and her opponent combined to spend

A

about $69 million

79
Q

Taxpayers partially finance

A

presidential campaigns

80
Q

Because races tend to be much closer when the advantages of incumbency do not apply

A

candidates for open seats usually are in a better position to raise funds

81
Q

In predicting the likely results in a presidential general election, the best indicator of success is which of the following

A

how voters respond to the competing campaign messages

82
Q

The evidence for the claim that campaign money buys influence and elected officials ignore voters to please donors is

A

tenuous

83
Q

1st amendment

A

speech and press

84
Q

the right to offend but

A

not to injure

85
Q

the 1st amendment is designed to

A

protect unpopular speech and press from the majority

86
Q

jefferson said where the press

A

is free and everyman is able to read all is safe

87
Q

freedom of information is

A

a check on government power

88
Q

the answer to bad speech is

A

better speech not censorship by the majority

89
Q

Belief earth revolves around sun (Bruno) results

A

in death penalty (by religion)

90
Q

Thomas Paine

A

did not believe in literal truth of Bible & vilified.

91
Q

The constitution establishes a line between

A

speech/press that advances society & that which is destructive.

92
Q

In their attempt to draw the line separating permissible from impermissible speech

A

judges have had to balance freedom of expression against competing values like

93
Q

alien and sedition act 1798

A

illegal to be critical of anyone in government

94
Q

espionage act 1917

A

anyone who was critical of ww1 efforts or encouraged resisting the draft you would be arrested

95
Q

near v minnesota 1931

A

state of min law any publication made defamatory militia could be deemed a public nuisance and shutdown

96
Q

new york times v u.s 1971

A

top secret documents

97
Q

the president cant censore a newspaper

A

unless he in court can prove it harms the u.s

98
Q

justice holmes

A

defined the “Clear and Present Danger” test in Schenck v. U.S. 1919

99
Q

urging men not to submit to the draft

A

is like shouting fire in a theater according to oliver wendell holmes

100
Q

we have the right to stop speech if words are used in circumstances

A

and or in such a nature to cause clear or present danger before there was an opportunity for discussion

101
Q

bad tendency

A

test engaging in speech in which has a tendency to cause bad behavior

102
Q

debs v united states

A

eugene debs socialist elimination of capitalism goes to prison president pardons him

103
Q

dennis v u.s

A

dennis is a commie smith act of 1941 felony crime to be a commie and advocate the violent overthrough of the u.s

104
Q

libel and slander

A

in 17th century it was seditious libel to criticize the king or his ministers whether true or not

105
Q

libel

A

is a written statement that wrongly defames the character of a person

106
Q

slander is

A

spoken words that wrongly defames the character of a person

107
Q

In the United States, it is often difficult to prove libel or slander if

A

“public persons” are involved

108
Q

slander is

A

okay if its true if its a lie its bad

109
Q

roth v us 1957

A

if it as defined as obscence it is not protected by first amendment

110
Q

osbourne v ohio 1991

A

perfectly permissable for legislative bodies to make it a crime for children to be exposed to obscenity

111
Q

miller v california

A

Miller concerned bookseller Marvin Miller’s conviction under California obscenity laws for distributing illustrated books of a sexual nature

112
Q

miller v california verdict

A

In Miller, the Court’s decision stated that obscene material is not protected by the First Amendment.

113
Q

three pronged test

A

if the normal person would find it bad. if the images are against the law. whether the work, taken as a whole, lacks serious literary, artistic, political, or scientific value.

114
Q

What Types of Speech are Protected

A

Symbolic speech–symbols, signs, and other methods of expression. The Supreme Court has upheld as constitutional a number of actions including:

115
Q

Tinker v. De Moines Independent Community School District, 1969

A

girl antiwar arm bands

116
Q

texas v johnson

A

burned flag on govt steps johnson won

117
Q

Vagueness:

A

such laws have a “chilling effect” because no one knows what is or is not allowed.

118
Q

Fighting words

A

illegal - can injure & provoke some to attack, injure, kill, & destroy property of others

119
Q

naacp 58

A

court case against cops wanting the names of members

120
Q

healy v james

A

during viet war govt demanding to know who were in anti war student organizations

121
Q

National Socialist Party of Americav. Skokie ’77

A

most people in town were jewish survivors they were allowed to march but police decided times

122
Q

the hatch act

A

federal govt employees cant do govt activites

123
Q

west borrow baptist church charged

A

awarded matthew snydyes dad 10.9 mil

124
Q

2nd Amendment Right to Arms

A

(Because) “A well regulated militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.”

125
Q

miller v texas 1984

A

texas law prohibited carrying dangerous weapons court said 2nd doesnt apply to states

126
Q

U. S. v. Miller, 1939

A

Miller & Layton caught w/unregistered sawed off shotgun while transporting from Oklahoma to Arkansas. Arrested

127
Q

National Firearms Act

A

1934, regulated interstate transportation of various weapons to control organized crime

128
Q

heller v dc

A

DC law stated handguns illegal & required child safety locks on long guns in this federal jurisdiction.Reverses a 2 century position (stare decisis) of the court that 2nd refers to a military organizations - not individual citizens

129
Q

McDonald v. Chicago

A

Challenged a 7th Circuit court ruling that said the Second Amendment applies only to federal regulation of an individual’s right to guns and not in cases of restrictions by states and municipalities like Chicago and Oak Park, Ill

130
Q

McDonald v. Chicago court said

A

if ever convicted of domestic violence you can never possess a fire arm or ammo

131
Q

3rd Amendment

A

No soldier will be quartered in a home without permission or ok from Congress.

132
Q

4th Amendment

A

general search

133
Q

General Search Warrant

A

Agent of the King needed to obtain this from a judge

134
Q

English Law

A

Also used along the ocean front wharves to kidnap colonist into duty as sailors with the English navy.

135
Q

Writ of assistance

A

Type of general warrant magistrate issued to King George III for his “lifetime!” Never again needed judge’s approval to search (tear up) any time, any where, any person

136
Q

4th Amendment

A

against unreasonable searches and seizures no warrants without probable cause

137
Q

4th doesnt apply to

A

abandoned property

138
Q

the constitution is a

A

contract between govt and citizens

139
Q

Private citizens can search without violating

A

4th (burglary).

140
Q

Exclusionary rule

A

stops police from searching anyone

141
Q

Suppression hearing asks Court to exclude evidence illegally obtained

A

under “fruit of the poisonous tree” doctrine.

142
Q

Mapp v. Ohio, 1961

A

Police search woman’s home for porn Extended exclusionary rule to the states & provided an enforcement mechanism to exclude evidence from trial

143
Q

probable cause

A

must show that the suspect probably commited a crime

144
Q

search must be

A

limited in time, place, and directed toward specific things

145
Q

Carroll v. United States, 1925

A

Police have no “general right” to stop & search a car without probable cause.

146
Q

Court believes

A

Citizens are NOT entitled to same privacy in cars, as in homes.

147
Q

Mobility doctrine.

A

Vehicles are mobile and evidence can too easily disappear

148
Q

Terry v. Ohio, 1968

A

Police may stop & frisk suspect, even if no PC to arrest, if: Circumstances make officer fearful
Suspect is engaged in unusual conduct, believed to be criminal activity and believe may be armed and dangerous.
Officer identifies self and makes inquiries as to suspect’s conduct.
Suspect’s response to the stop and questions do not relieve suspicions.
Officer may frisk. Limited to pat down and cannot remove non weapons.

149
Q

Search incident to lawful arrest exception

A

When making lawful arrest, may make a warrantless full search of the persons involved, and the areas under their immediate control within reach or where can lunge to. Search must come at the same time as the arrest

150
Q

United States v. Ortiz, 1975

A

. Searches of persons and the goods they bring with them are permissible under customs and immigration laws at border crossings

151
Q

Exigent circumstances exception

A

Do not have to get a warrant because there is no time to do so when criminal might escape, evidence in danger of destruction, public safety is threatened, officer safety threatened

152
Q

Katz v. United States, 1967

A

Police bugged a public telephone booth without a warrant. A suspect used that phone, and police used the information gathered by the wire tap to convict. Court said legal.

153
Q

search limited

A

to scope of consent

154
Q

Open fields

A

government can search without “probable cause” where no expectation of privacy, like in a park public place. Aircraft fly over residence & see evidence – not protected Curtilage is protected

155
Q

Plain view

A

if there is a 4th amendment protected area see contraband and takie it

156
Q

subterfuge

A

Discovery inadvertent & cannot use subterfuge (fire inspection when intent is to look & seize).

157
Q

5th Amendment

A

Before accused felon (1 year or more in prison) can be taken to trial, one must be indicted by a grand jury, (except when in the military).

158
Q

Miranda v. Arizona, 1966

A

In 1963, for 2 hours 2 officers interrogated suspect Miranda in a police station about a rape. Statements used to convict.

159
Q

Eminent domain

A

Private property cannot be taken for public use without just compensation.

160
Q

6th Amendment

A

Right to speedy/public trial.
By an impartial jury of the State and district where the crime was committed.
Must be informed of the nature and cause of the accusation.

161
Q

Escobedo v. Illinois, 1964

A

Court condemned police practice of preventing a suspect from consulting attorney until after interrogation.

162
Q

Gideon v. Wainwright, 1963

A

Court mandated providing an attorney to those unable to pay for one.

163
Q

7th Amendment

A

“In suits at common law, where the value in controversy shall exceed $20, the right of trial by jury shall be preserved.”

164
Q

Decision of the jury

A

must be by unanimous verdict.

165
Q

The Supreme Court ruled that federal district court civil juries

A

composed of six persons were permissible under the Seventh Amendment and congressional enactments.

166
Q

The Amendment governs only courts which sit under the authority of the United States,

A

including courts in the territories and the District of Columbia, and does not apply generally to state courts.

167
Q

8th Amendment

A

“Excessive bail shall not be required, nor excessive fines imposed, nor cruel & unusual punishment inflicted.”

168
Q

The function of bail, the Court explained

A

is limited neither to preventing flight of the defendant prior to trial nor to safeguarding a court’s role in adjudicating guilt or innocence

169
Q

Excessive fines

A

The Court’s decisions have been about protecting indigent, who if cannot pay a fine would be sent to jail.

170
Q

Furman V. Georgia

A

Required consistency in application of death penalty. Invalidated death penalty for rape

171
Q

9th Amendment

A

The enumeration in the Constitution of certain rights shall not be construed to deny or disparage others retained by the people.”

172
Q

10th amendment

A

The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.”

173
Q

Famous Ableman v. Booth 1859 Supreme Court case opinion

A

State courts cannot contradict federal courts or rule federal law unconstitutional