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Question
The total incorporation doctrine:a. leaves the states more freedom to determine their own procedures than the fundamental fairness doctrine.
b. means that the equal protection clause incorporates the provisions in all of the Bill of Rights relating to criminal procedure.
c. would incorporate in total those rights in the Bill of Rights that are "implicit in the concept of ordered liberty."
d. means that the due process clause of the Fourteenth Amendment incorporates the provisions in all of the Bill of Rights relating to criminal procedure.
Answer
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Related questions
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The Federal Tort Claims Act:a. waives sovereign immunity and allows lawsuits against the federal government for the constitutional torts of its officers.b. allows citizens to submit their damage claims resulting from constitutional torts to a panel charged with deciding if the claim should be paid.c. upholds the government's sovereign immunity from lawsuit.d. only allows lawsuits against the individual officers involved.
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Q:
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a. they are very effective in investigating police misconduct.
b. civilians are not well equipped to evaluate police misconduct.
c. it is difficult to measure their effectiveness.
d. most large cities do not use civilian review, therefore data is lacking.
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a. police officers do not trust the officers conducting the investigation of misconduct.
b. a police department has to divert resources away from fighting crime.
c. the police should not be policing themselves.
d. external review is less expensive and better received by the media.
Q:
Bivensactions are:
a. constitutional tort actions against federal officers.
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c. do not have to show unreasonable legal action by the defendants.
d. banned against federal officials.
Q:
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Q:
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a. True
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a. True
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Q:
The text refers to __________ as police actions and procedures that violate any of the five constitutional rights.a. bad evidence b. bad methods c. good methodsd. good evidence
Q:
According to the Supreme Court opinion in Herring v. U.S. (2009), involving a search pursuant to an active arrest warrant that was later discovered to have been recalled several months earlier:
a. evidence obtained by officers who honestly believe they are acting lawfully is admissible.
b. the good faith of officers is irrelevant to the determination whether or not to exclude evidence.
c. all evidence seized pursuant to a search not based on probable cause must be excluded.
d. the evidence seized pursuant to the search is admissible if the police acted objectively, in reasonably good faith and the error in record keeping was negligent but not reckless
Q:
According to the Supreme Court opinion in Mapp v. Ohio(1961), involving a police search for a bombing suspect:
a. only a handful of states had adopted the exclusionary rule by legislation or judicial opinion.
b. the exclusionary rule applies to the states through the Fourteenth Amendment due process clause.
c. whether states had adopted the exclusionary rule was irrelevant in deciding whether that rule applies to the states through the Fourteenth Amendment due process clause.
d. the police may not seize evidence relating to pornography when they are looking for a bombing suspect.
Q:
The Supreme Court's decision in Weeks v. U.S.in 1914 is significant because it:a. began the Fourth Amendment's annexation of the exclusionary rule.b. held that the exclusionary rule applies to state court criminal proceedings.c. recognized that illegally seized evidence should not be used in federal court criminal proceedings and thereby brought the United States into conformance with the practice in most European countries.d. permitted law enforcement officers to be sued if they conducted searches in a manner that violated the Fourth Amendment.
Q:
Which of the following is NOT a potential negative consequence of the exclusionary rule?
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c. Diversion of resources from suppression hearings to appeal trials
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Q:
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Q:
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a. Magna Carta.
b. laws of Moses embodied in the Talmudic law.
c. Articles of Confederation preceding the adoption of the United States Constitution.
d. Preamble of the Stamp Act.
Q:
In screening the police procedures that are used during the accusatory stage of the criminal process, the courts recognize:
a. the needs of law enforcement and the privacy and liberty interests of individual citizens.
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Q:
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Q:
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a. True
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a. True
b. False
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Q:
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a. has been declared unconstitutional by the courts that have considered it.
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d. has not yet been addressed in any court opinions.
Q:
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Q:
The need for prison and jail security permits searches without probable cause or a warrant of:a. prisoners and pretrial detainees.b. prisoners, pretrial detainees, and visitors to the prison. c. only prisoners.d. prisoners, pretrial detainees, employees of the prison, and visitors to the prison.
Q:
Frank is an inmate at Greensburg State Prison and he has just had a contact visit with an old friend. Before Frank returns to his cell, prison guards subject Frank to a strip search. Such a search is:
a. constitutional, because prisoners have a diminished expectation of privacy and there is an important government need to maintain prison security.
b. constitutional, because prisoners forfeit all Fourth Amendment rights.
c. unconstitutional, unless prison officials have reasonable suspicion to think they will find contraband or evidence of a crime on Frank.
d. unconstitutional, unless prison officials have probable cause to think they will find contraband or evidence of a crime on Frank.
Q:
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a. not ruled on this matter.
b. held they entail minimal intrusions that apply to all passengers.
c. considered them to be private searches.
d. held that airports may conduct such searches to protect public safety, but the fruits of the searches are inadmissible at a criminal trial.