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85 Cards in this Set
- Front
- Back
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Why was the Bill of Rights added to the United States Constitution |
was added to the original constitution to ensure individual liberties and civil rights |
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The Tenth Amendment to the U.S. Constitution is |
the "police powers" amendment. |
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An order from the court directing the person responsible for holding an individual in jail or prison to bring that person before the court and show why he or she is being held in custody is called a |
writ of habeas corpus. |
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The First Amendment to the U.S. Constitution prohibits |
the government from establishing a religion |
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The Fourth Amendment to the U.S. Constitution |
protects citizens from unreasonable searches and seizures. |
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The Fifth Amendment to the U.S. Constitution provides which one of the following protections? |
Freedom from double jeopardy |
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The Sixth Amendment to the U.S. Constitution |
gives the right to confront witnesses. |
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The amendment to the U.S. Constitution that provides that all the rights and liberties of the Bill of Rights will be accorded to citizens of the states and that states must abide by the first ten amendments is the |
Fourteenth Amendment. |
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Which amendment to the U.S. Constitution gives citizens the right to an attorney during criminal proceedings? |
Sixth Amendment |
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Which amendment to the U.S. Constitution prohibits cruel and unusual punishment? |
Eighth Amendment |
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Which amendment to the U.S. Constitution gives citizens the right to a speedy and public trial? |
Sixth Amendment |
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Exceptions to the protections under the Bill of Rights are usually established by |
Supreme Court decisions. |
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Which of the following statements is true concerning grand juries? a. Grand juries are required by the Constitution and in all fifty states. b. The Fourth Amendment provides for the establishment of grand juries. c. Grand juries are required in all federal cases. d. Grand juries issue "indictments" or "no-bills." |
Grand juries issue "indictments" or "no-bills." |
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The evaluation of a law for constitutionality is done by which branch of government |
the judicial branch of government. |
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An intentional commission or omission of an act by a competent person that violates a law prohibiting or requiring the act and for which punishment is specified by law is a definition of
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Crime |
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A defendant must be discharged if a motion to set aside an indictment, information, or complaint for "failure to provide a speedy trial" is sustained. A defendant charged in district court must be released if |
an indictment or information is not presented at the next term of the court after the accused is committed to custody. |
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Which of the following is responsible for administering the Texas Crime Victims Compensation Act? |
Texas Attorney General |
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Which of the following seeks to challenge detention and requests immediate release from custody if incarceration is illegal? |
A writ of habeas corpus |
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Which one of the following is not a component of the criminal justice system in Texas? a. Private security agencies b. Parole officers c. Prison guards d. Defense attorneys |
a. Private security agencies b. Parole officers c. Prison guards d. Defense attorneys |
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Which one of the following courts has original jurisdiction for class A and B misdemeanors? |
County court at law |
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A conviction for a felony in Texas could be appealed to the
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court of appeals. |
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County jails house those prisoners who have been convicted of offenses calling for a sentence of
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up to one year. |
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The release of a prisoner from the Texas Department of Criminal Justice before the end of his or her sentence is called
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parole. |
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The agency originally created to combat counterfeiting of U.S. currency was the |
Secret Service. |
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The agency responsible for enforcing federal drug laws is the |
DEA. |
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The primary function of a writ of habeas corpus is to |
seek release from unlawful imprisonment. |
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The only crime denned by the U.S. Constitution under Article 3 is |
treason. |
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Freedom of speech and right to peaceably assemble is found in the ___ Amendment to the U.S. Constitution. |
First Amendment |
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The right to seize or arrest a person in accordance with law is found in the __ Amendment to the U.S. Constitution |
Fourth Amendement |
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The U.S. Constitution requires that an arrest with or without warrant must be based on proof of.. |
of probable cause. |
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The freedom of people to petition their government for a redress of grievance is found in the ___ Amendment to the U.S. Constitution. |
First |
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The probable cause requirement for search and seizure is found in the ___ Amendment to the U.S. Constitution. |
Fourth |
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Which amendment of the Constitution prohibits double jeopardy? |
Fifth |
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Right to counsel is guaranteed in the _____ Amendment to the U.S. Constitution. |
Sixth |
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The requirement that the government must act in accordance with due process of law is contained in which two amendments to the U.S. Constitution? |
Fifth and Fourteenth |
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Right to a speedy and public trial is guaranteed by the __ Amendment to the U.S. Constitution. |
Sixth |
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In 1967, what U.S. Supreme Court case required that a child's case must follow due process of law and therefore the child has the right to counsel in delinquency proceedings? |
In Re Gault |
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The Constitutional Amendment that prohibits excessive bail, fines, and punishment is the ___ Amendment. |
Eighth |
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Which of the following rights are guaranteed by the Fourteenth Amendment? |
-All persons born or naturalized in the United States are citizens of the United States and of the State wherein they reside. -No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States. -No State shall deprive any person of life, liberty, or property without due process of law. -No State may deny to any person within its jurisdiction the equal protection of the laws. |
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A person cannot be compelled to give evidence against him- or herself. The right prohibiting self-incrimination is found in the ___ Amendment to the U.S. Constitution. |
Fifth |
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Individual states are granted rights under the U.S. Constitution to make and enforce laws that do not conflict with federal law. Which amendment guarantees states' rights? |
Tenth |
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Which amendment to the U.S. Constitution says that U.S. law supersedes state law, and that people are entitled to due process of the law as well as equal protection? |
Fourteenth |
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Which of the following elements is specifically detailed in the Texas Constitution but is not directly addressed in the U.S. Constitution? |
Rights of crime victims |
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___ of the Texas Constitution holds inviolate a Texas citizen's right to equality of law. |
Article 1 |
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Which article of the Texas Constitution provides for freedom of worship? |
Article 1 |
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Which of the amendments to the U.S. Constitution covers double jeopardy? |
Fifth Amendment |
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Which amendment to the U.S. Constitution protects persons and papers from unreasonable search and seizure? |
Fourth Amendment |
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The process for amending the Texas Constitution is stated in which article of the Constitution? |
17 Article |
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Which of the following rights is not included in the First Amendment to the U.S. Constitution? a. Freedom of speech and religion b. Right to peaceably assemble c. Freedom of press d. Right to petition government for a redress of grievance e. None of the above—each is a First Amendment right. |
a. Freedom of speech and religion b. Right to peaceably assemble c. Freedom of press d. Right to petition government for a redress of grievance e. None of the above—each is a First Amendment right. |
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Which of the following rights is enumerated in the Fourth Amendment? |
Prohibits unlawful search and seizure |
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The Fifth Amendment to the U.S. Constitution guarantees a. just compensation for private property taken for public use. b. prohibition against double jeopardy. c. prohibition against mandatory self-incrimination. d. all of the above. |
a. just compensation for private property taken for public use. b. prohibition against double jeopardy. c. prohibition against mandatory self-incrimination. d. all of the above. |
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The Sixth Amendment to the U.S. Constitution guarantees all of the following except the right to a. counsel. b. due process of law. c. a speedy and public trial. d. confront one's accuser. e. be informed of the nature and cause to the accusation. |
a. counsel. b. due process of law. c. a speedy and public trial. d. confront one's accuser. e. be informed of the nature and cause to the accusation. |
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Which of the following amendments of the U.S. Constitution prohibits "cruel and unusual punishment" as well as excessive bail? |
Eighth Amendment |
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Identify the values relative to the police role in the U.S. Constitution and Bill of Rights, a. Recognizing prejudice b. Equal protection of all rights for all individuals c. Dedication to protecting rights of all people D. All of the above |
a. Recognizing prejudice b. Equal protection of all rights for all individuals c. Dedication to protecting rights of all people D. All of the above |
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The Fourteenth Amendment to the U.S. Constitution provides for a. due process of law. b. equal protection. c. people having "dual" citizenship (U.S. and individual state). d. all of the above. |
a. due process of law. b. equal protection. c. people having "dual" citizenship (U.S. and individual state). d. all of the above. |
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A writ of habeas corpus is a court order |
to bring a person before a magistrate and show just cause for detention. |
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Besides the right to a speedy and public trial, and the right to an attorney, what additional right does the Sixth Amendment provide for? |
Right to confront witness against |
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The U.S. Constitution defines which of the following as a criminal offense? |
Treason |
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The _____ Amendment to the U.S. Constitution ensures the right of the people to criticize their government. |
First Amendment |
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The Fourteenth Amendment to the U.S. Constitution ensures that all people are entitled to a. equal rights under law. b. due process of law. c. both a and b. |
a. equal rights under law. b. due process of law. c. both a and b. |
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Which of the following rights is not guaranteed by the First Amendment to the U.S. Constitution? a. A person protests a court ruling in the county court building. b. An individual expresses his or her opinion to a peace officer. c. A person yells statements inside the state capitol building. d. A person yells "fire" in a public theater where there is no fire. |
a. A person protests a court ruling in the county court building. b. An individual expresses his or her opinion to a peace officer. c. A person yells statements inside the state capitol building. d. A person yells "fire" in a public theater where there is no fire. |
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In accordance with the Fourteenth Amendment to the U.S. Constitution, due process of law begins when |
the preliminary investigation begins. |
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Right to reasonable bail is found in the _____ Amendment, U.S. Constitution. |
Eighth Amendment |
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Right to redress of grievance is found in the _____ Amendment, U.S. Constitution |
First Amendment |
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Right to arrest is found in the _____ Amendment, U.S. Constitution. |
Fourth Amendment |
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Right to due process of law is found in the _____ Amendment, U.S. Constitution. |
Fifth Amendment (Check this Answer) |
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Which of the following elements are in the Fourteenth Amendment to the U.S. Constitution? a. Equal protection b. Dual citizenship c. Due process of law d. All of the above |
a. Equal protection b. Dual citizenship c. Due process of law d. All of the above |
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Personal rights such as religion, speech, press, and peaceable assembly are found in the _____ Amendment, U.S. Constitution. |
First Amendment |
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Criminal investigation rights that include search, seizure, warrants, and probable cause are found in the _____ Amendment, U.S. Constitution. |
Fourth Amendment |
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The _____ Amendment deals with reasonable force. |
Fourth Amendment |
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The right to counsel is found in the _____ Amendment, U.S. Constitution. |
Sixth Amendment |
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The rights to an attorney, to a speedy and public trial, to call witnesses, and to confront witness against oneself, are guaranteed in the _____ Amendment, U.S. Constitution. |
Sixth Amendment |
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The _____ Amendment provides the right to reasonable bail and prohibits cruel and unusual punishment.
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Eight Amendment |
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Dual citizenship, equal protection of law, and due process of law are parts of the _____ Amendment, U.S. Constitution. |
Fourteenth Amendment |
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The _____ Amendment guarantees the right to a grand jury, prohibits double jeopardy, prohibits self-incrimination, and requires that the system must follow due-process-of-law guidelines. |
Fifth Amendment |
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The _____ Amendment states that private property cannot be taken for public use unless the owner of the property is provided "just compensation." |
Fifth Amendment |
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The _____ Amendment prohibits double jeopardy. |
Fifth Amendment |
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A writ of habeas corpus is a court order |
to bring a person before a magistrate and show just cause for detention. |
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The writ that is filed that seeks release from unlawful detention is called |
writ of habeas corpus. |
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Which of the following cases involves a First Amendment "freedom of speech" issue? |
Duran v. City of Douglas, Arizona |
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The Miranda warning generally is related to which Constitutional amendment? |
Fifth Amendment |
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The dollar amount in small small claims may not exceed? |
10,000
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Which Article and section of the Texas Constitution provides for the election of Sheriffs? |
Article 5 Section 23
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Which Article and section of the Texas Constitution provides for the election of Constables? |
Article 5 Section 18 |
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The primary components of the American Criminal Justice System Are.... |
Police, Courts, and Correctional |
