5 Written Questions

1. the legal concept under which the supreme court has nationalized the bill of rights by making most of its provisions applicable to the states through the 14th amendment
2. the constitutional amendment that establishes the four great liberties: freedom of the press, of speech, of religion and of assembly.
3. 1962 Supreme Court decision holding that state officials violated the first amendment when they wrote a prayer to be recited by New York's schoolchildren.
4. 1961 Supreme Court decision ruling that the fourth amendment's protection against unreasonable searches and seizures must be extended to the states as well as to the federal government.
5. the constitutional amendment designed to protect individuals accused of crimes. It includes the right to counsel, the right to confront witnesses, and the right to a speedy and public trial.

5 Matching Questions

1. Plea bargaining
2. Unreasonable searches and seizures
3. Gregg v. Georgia
4. Commercial speech
5. Miller v. California

1. a a bargain struck between the defendant's lawyer and the prosecutor to the effect that the defendant will plead guilty to a lesser crime (or fewer crimes) in exchange for the state's promise not to prosecute the defendant for a more serious (or additional) crime.
2. b communication in the form of advertising. It can be restricted more than many other types of speech but has been receiving increased protection from the Supreme Court.
3. c obtaining evidence in a haphazard or random manner, a practice prohibited by the fourth amendment. Probable cause and/or a search warrant are required for a legal and proper search for a legal and proper search for and seizure of incriminating evidence.
4. d 1976 Supreme Court decision that upheld the constitutionality of the death penalty, stating that "it is an extreme sanction, suitable to the most extreme of crimes." The court did not, therefore, believe that that the death sentence constitutes cruel and unusual punishment.
5. e 1973 supreme court decision that avoided defining obscenity by holding that community standards be used to determine whether material is obscene in terms of appealing to a prurient interest and being patently offensive and lacking in value.

5 Multiple Choice Questions

1. the rule that evidence, no matter how incriminating, cannot be introduced into a trial if it was not constitutionally obtained. The rule prohibits use of evidence obtained through unreasonable search and seizure.
   1. Probable cause
   2. Bill of rights
   3. Exclusionary rule
   4. McCleskey v. Kemp
2. a written authorization from a court specifying the area to be searched and what the police are searching for. The fourth amendment requires a search warrant to prevent unreasonable searches and seizures.
   1. Plea bargaining
   2. Sixth amendment
   3. Prior restraint
   4. Search warrant
3. the constitutional amendment that forbids cruel and unusual punishment, although it does not define this phrase. Through the fourteenth amendment, this bill of rights provision applies to the states.
   1. Eighth amendment
   2. First Amendment
   3. Fifth amendment
   4. Sixth amendment
4. the 1925 supreme court decision holding that freedoms of press and speech are "fundamental personal rights and liberties protected by the due process clause of the 14th amendment from impairment by the states" as well as by the federal government.
   1. Roe v. Wade
   2. Barron v. Baltimore
   3. Gregg v. Georgia
   4. Gitlow v. New York
5. 1964 this case established the guidelines for determining whether public officials and public figures could win damage suits for libel. To do so, individuals must prove that the defamatory statements were made with "actual malice" and reckless disregard for the truth.
   1. Texas v. Johnson
   2. Engel v. Vitale
   3. New York Times v. Sullivan
   4. Lemon v. Kurtzman

5 True/False Questions

1. Self incrimination → the situation occurring when an individual accused of a crime is compelled to be a witness against himself or herself in court. The Fifth Amendment forbids self-incrimination.

   True        False

2. Prior restraint → a government preventing material from being published. This is a common method of limiting the press in some nations, but it is usually unconstitutional in the United States according to the first amendment and as confirmed in the 1931 case of Near v. Minnesota.

   True        False

3. Miranda v. Arizona → 1973 supreme court decision that avoided defining obscenity by holding that community standards be used to determine whether material is obscene in terms of appealing to a prurient interest and being patently offensive and lacking in value.

   True        False

4. Gideon v. Wainwright → the 1925 supreme court decision holding that freedoms of press and speech are "fundamental personal rights and liberties protected by the due process clause of the 14th amendment from impairment by the states" as well as by the federal government.

   True        False

5. Symbolic speech → communication in the form of advertising. It can be restricted more than many other types of speech but has been receiving increased protection from the Supreme Court.

   True        False