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Sunday, April 1, 2012

5.3 Pages 173-183

1) In Miller v. California (1973), the Supreme Court concluded that material was obscene if it
A) depicts sexual conduct in artistic way.
B) lacks literary, artistic, political, or scientific value.
C) violates ʺglobal standards of decency.ʺ
D) encourages lewd and lascivious thoughts.
E) all of the above.

2) Congress has passed several laws regulating childrenʹs access to pornography on the Internet.
In general, how has the Supreme Court responded to these laws?
A) The Court has upheld nearly every restriction Congress has enacted.
B) The Court has overturned nearly every restriction Congress has enacted.
C) The Court has upheld restrictions involving children under 14, but has overturned
restrictions involving children 14 years old or older.
D) The Court has upheld restrictions involving community standards, but has overturned
restrictions based on the Lemon test.
E) The Court has stayed out of the debate, consistently voting to deny cert to such cases.

3) Which of the following is NOT an enumerated First Amendment freedom?
A) religion B) speech C) assembly D) privacy E) petition

4) The last time the Supreme Court directly addressed the Second Amendment, it ruled that
A) Congress could restrict ownership of some weapons.
B) citizens have a constitutional right to use firearms to defend their personal property.
C) citizens have a constitutional right to use firearms to ʺensure domestic tranquility.ʺ
D) Congress can restrict firearms since they are more likely to be used for suicide than for
self defense.
E) only U.S. citizens who serve in the armed forces have a constitutional right to bear arms.

5) According to various Supreme Court decisions regarding the Fourth Amendment, what can
the police search without a warrant or consent?
A) the trunk of your car
B) a person being arrested
C) a person walking down the street in an African-American neighborhood
D) your home
E) your backpack

6) Someone who ʺtakes the Fifthʺ has
A) failed a mandatory drug test.
B) refused to testify against himself.
C) been given a breathalyzer test.
D) consented to a police search of his house or vehicle.
E) been read his Miranda rights.

7) Which of the following confessions was likely obtained properly?
A) a confession given after being beaten
B) a confession given after receiving ʺthe third degreeʺ
C) a confession given after a family member was threatened
D) a confession obtained from police questioning before the accused was read her Miranda
rights
E) a confession obtained from police questioning after the accused was read her Miranda
rights.

8) In 1966, the Supreme Court ruled that arrested individuals must be informed of their
constitutional rights in
A) Mapp v. Ohio.
B) Miranda v. Arizona.
C) Weeks v. United States
D) Gideon v. Wainwright
E) McCleskey v. Zant.

9) When Congress reexamined the Miranda decision in 2000, what did it decide?
A) No admission of guilt is truly voluntary unless a suspect has been apprised of his rights.
B) Technicalities should not permit a guilty person to go free.
C) Suspects do not have to be read their Miranda rights unless they specifically ask what
rights they have.
D) In criminal cases, the benefit of the doubt should also go to the victim.
E) The Miranda decision was no longer relevant due to technological advances in criminal
justice.

10) When can someone be tried twice for the same offense?
A) when he is guilty
B) when new evidence comes to light after an acquittal
C) when he admits his guilt after an acquittal
D) when he is accused of murder, rape, or treason
E) never

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