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Criminal Justice – Constitutional Guarantees

Name: ___________________________ Date: _____________________

1. The 14th Amendment of the U.S. Constitution provides for “Due Process”
which
a. Ensures fair and just treatment by government officials
b. Protects a person from unreasonable force by the police
c. Means legal procedures must be followed in a trial or hearing
d. All of the above
e. None of the above

2. The 1st Amendment of the U.S. Constitution gives you the right to:
a. Petition the government for redress of grievances
b. Have an attorney present during questioning by law enforcement officers
c. Refuse to answer questions in court
d. Bail

3. The 4th Amendment of the U.S. Constitution:


a. Protects your home from random searches by law enforcement officers
b. Means a confession obtained illegally is inadmissible in court
c. Both a and b
d. Neither a nor b

4. The 5th Amendment guarantees:


a. The right of free speech
b. That a confession obtained illegally is inadmissible in court
c. A speedy trial
d. The right of a person to confront his or her accusers

5. The 6th Amendment protects your right to:


a. Counsel
b. A speedy trial
c. An impartial jury
d. All of the above

6. A police officer on patrol observed three men standing in front of a closed


business late at night. There had been several burglaries in the neighborhood
recently. The officer approaches the men and frisks (pat down) them for
weapons. Did the officer violate their 4 th Amendment rights? Why or Why
not? (Reference in textbook is on Page 202 – Terry v. Ohio)
a. Yes. In Terry v. Ohio, the Supreme Court ruled that the officer’s action
was unreasonable and not justified.
b. No. In Terry v. Ohio, the Supreme Court ruled that the officer’s action
was reasonable precaution for his own safety.
c. Yes. In Terry v. Ohio, the Supreme Court ruled that the officer’s action
was reasonable precaution for his own safety.
d. None of the above.
7. A police officer is investigating a hit & run case. The officer knocks on the
door of the suspect. As soon as the suspect opens the door and sees the
officer, the suspect “breaks down” and confesses. Later, after being advised
of his or her rights, the suspect retracts the statement. Can the suspect’s
confession be entered as evidence in the trial? Why or Why not? (Reference
in textbook is on Page 120 “Prior to Questioning.”)
a. No. The officer should have read her the Miranda warnings.
b. No. She was not under arrest when she made the confession, so the
officer cannot testify to what she said.
c. Yes. She was not under arrest when she made the confession, so the
officer can testify to what she said.
d. None of the above.

8. A person is arrested and calls his lawyer. Before his lawyer arrives, the police
proceed to question him about another similar case they suspect that he is
involved in. Since the person is not under arrest for the second crime, is he
entitled to have his lawyer present during questioning? What amendment
applies? (Reference in textbook is on Page 122 “Right to Counsel.”)
a. Yes. The 6th Amendment guarantees the right to counsel during any part
of the interrogation process.
b. No. The 6th Amendment does not guarantee the right to counsel during
any part of the interrogation process.
c. Yes. The 5th Amendment guarantees the right to counsel during any part
of the interrogation process.
d. None of the above.

9. A person is arrested for a narcotics violation and acquitted at her trial. Later,
new evidence is discovered that proves she was guilty of the charge. Can she
be tried criminally again? Why or why not? (Reference in textbook is on
Page 114)
a. Yes. The 4th Amendment does not protect against a second trial.
b. No. The 14th Amendment protects against double jeopardy.
c. No. The 5th Amendment protects against double jeopardy.
d. None of the above.

10. Two officers respond to a burglary in progress call. They observe a man leave
the building and run down the street. One of the officers called for the man to
halt, and when he refuses, the officers shoot him. What right of the man’s was
infringed? What Supreme Court case protects this right? (Reference in
textbook is on Page 230)
a. The right against illegal seizure of the person, as guaranteed by the 4 th
Amendment.
b. The right of the person to run away from the police as guaranteed by the
1st Amendment.
c. The right against illegal seizure of the person, as guaranteed by the 6 th
Amendment.
d. None of the above.
Constitutional Guarantees Answer Sheet

1. D
2. A
3. A
4. B
5. D
6. No. In Terry v. Ohio, The Supreme Court ruled that the
officer’s action was reasonable precaution for his own
safety.
7. Yes. She was not under arrest when she made the
confession, so the Officer can testify to what she said.
8. Yes. The Sixth Amendment guarantees the right to
counsel during any part of the interrogation process.
9. No. The Fifth Amendment protects against double
jeopardy.
10. Right against illegal seizure of the person, as guaranteed b
y the Fourth Amendment.
Criminal Justice – Constitutional Guarantees

Name: ___________________________ Date: _____________________

1. The 14th Amendment of the U.S. Constitution provides for “Due Process”
which
a. Ensures fair and just treatment by government officials
b. Protects a person from unreasonable force by the police
c. Means legal procedures must be followed in a trial or hearing
d. All of the above
e. None of the above

2. The 1st Amendment of the U.S. Constitution gives you the right to:
a. Petition the government for redress of grievances
b. Have an attorney present during questioning by law enforcement officers
c. Refuse to answer questions in court
d. Bail

3. The 4th Amendment of the U.S. Constitution:


a. Protects your home from random searches by law enforcement officers
b. Means a confession obtained illegally is inadmissible in court
c. Both a and b
d. Neither a nor b

4. The 5th Amendment guarantees:


a. The right of free speech
b. That a confession obtained illegally is inadmissible in court
c. A speedy trial
d. The right of a person to confront his or her accusers

5. The 6th Amendment protects your right to:


a. Counsel
b. A speedy trial
c. An impartial jury
d. All of the above

6. A police officer on patrol observed three men standing in front of a closed


business late at night. There had been several burglaries in the neighborhood
recently. The officer approaches the men and frisks (pat down) them for
weapons. Did the officer violate their 4 th Amendment rights? Why or Why
not? (Reference in textbook is on Page 202 – Terry v. Ohio)
a. Yes. In Terry v. Ohio, the Supreme Court ruled that the officer’s action
was unreasonable and not justified.
b. No. In Terry v. Ohio, the Supreme Court ruled that the officer’s action
was reasonable precaution for his own safety.
c. Yes. In Terry v. Ohio, the Supreme Court ruled that the officer’s action
was reasonable precaution for his own safety.
d. None of the above.
7. A police officer is investigating a hit & run case. The officer knocks on the
door of the suspect. As soon as the suspect opens the door and sees the
officer, the suspect “breaks down” and confesses. Later, after being advised
of his or her rights, the suspect retracts the statement. Can the suspect’s
confession be entered as evidence in the trial? Why or Why not? (Reference
in textbook is on Page 120 “Prior to Questioning.”)
a. No. The officer should have read her the Miranda warnings.
b. No. She was not under arrest when she made the confession, so the
officer cannot testify to what she said.
c. Yes. She was not under arrest when she made the confession, so the
officer can testify to what she said.
d. None of the above.

8. A person is arrested and calls his lawyer. Before his lawyer arrives, the police
proceed to question him about another similar case they suspect that he is
involved in. Since the person is not under arrest for the second crime, is he
entitled to have his lawyer present during questioning? What amendment
applies? (Reference in textbook is on Page 122 “Right to Counsel.”)
a. Yes. The 6th Amendment guarantees the right to counsel during any part
of the interrogation process.
b. No. The 6th Amendment does not guarantee the right to counsel during
any part of the interrogation process.
c. Yes. The 5th Amendment guarantees the right to counsel during any part
of the interrogation process.
d. None of the above.

9. A person is arrested for a narcotics violation and acquitted at her trial. Later,
new evidence is discovered that proves she was guilty of the charge. Can she
be tried criminally again? Why or why not? (Reference in textbook is on
Page 114)
a. Yes. The 4th Amendment does not protect against a second trial.
b. No. The 14th Amendment protects against double jeopardy.
c. No. The 5th Amendment protects against double jeopardy.
d. None of the above.

10. Two officers respond to a burglary in progress call. They observe a man leave
the building and run down the street. One of the officers called for the man to
halt, and when he refuses, the officers shoot him. What right of the man’s was
infringed? What Supreme Court case protects this right? (Reference in
textbook is on Page 230)
a. The right against illegal seizure of the person, as guaranteed by the 4 th
Amendment.
b. The right of the person to run away from the police as guaranteed by the
1st Amendment.
c. The right against illegal seizure of the person, as guaranteed by the 6 th
Amendment.
d. None of the above.

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