23 May WHAT LANDMARK CASE DEALT SPECIFICALLY WITH THE 8TH AMENDMENT RIGHT AGAINST CRUEL AND UNUSUAL PUNISHMENT?
. Held an indigent defendant has a Sixth Amendment right to legal representative appointed in all State criminal trials.
B. Held the prosecution must disclose any evidence in its possession the defense requests.
C. Held under the Fourteenth Amendment all juveniles accused in a criminal case has many of the same Due Process rights as adults.
D. Held a speedy trial is a fundamental guarantee of the U.S. Constitution.
E. Held when delay is the result of actions by the defendant, the 70 day rule does not apply.
F. Held the accused in any criminal prosecution involving the potential deprivation of liberty is entitled to counsel (this included misdemeanor cases).
G. Held the prosecution is required to disclose to the defense any “exculpatory evidence” in its possession that directly or indirectly relates to claims of either guilt or innocence.
16 points
Question 13
What Landmark case dealt specifically with the 8th Amendment right against cruel and unusual punishment?
Gideon v. Wainwright (1963)
Oliver v. United States (1984)
Furman v. Georgia (1972)
Horton v. California, 496 U.S. 128, 136-137 (1990)
2 points
Question 14
The courts make decisions based on established law or legal precedence. Law in the U.S. is derived from which sources:
Constitutional law
Statutory law
Administrative regulations
Common law
All of these
2 points
Question 15
In 1989, the International Association of Chiefs of Police (IACP) established what?
The Law Enforcement Code of Conduct
The Police Officer’s Compensation Fund.
The Police Officer’s Bill of Rights.
All of these
2 points
Question 16
True or False-The U.S. Constitution guarantees all U.S. citizens the right to be heard in an appeal process by the United States Supreme Court regardless of the type of case, grievance or appeal.
True
False
2 points
Question 17
How much force can a police officer use?
As much as possible.
What amount it takes to establish his/her authority in the neighborhood.
The same amount as his/her partner is using.
Only the amount that is reasonable and necessary to bring an unlawful circumstance under control.
2 points
Question 18
Which law may contradict the U.S. Constitution?
Local ordinances
Any law
State law
No law
2 points
Question 19
Most criminal cases originate from which court:
State Court
Federal Court
World Court
All of these
2 points
Question 20
What effect did Tennessee v. Garner (1985) have on law enforcement?
It had no effect on law enforcement at all.
It affected law enforcement’s ability to conduct personal searches.
It affected how law enforcement would use deadly force when pursuing a fleeing subject.
It affected law enforcement’s ability to conduct vehicle searches.
2 points
Question 21
Carroll v. United States (1925) specifically dealt with what type of searches?
Persons
Automobiles
Residences
Business
2 points
Question 22
The 1970 NYPD Knapp Commission distinguished between two types of corrupt officers. They included:
“Abusive” and “Non-Abusive”
“Donut eaters” and “Meat Eaters”
“Grass eaters” and “Meat eaters”
All of these
2 points
Question 23
What Landmark case dealt specifically with the 6th Amendment right of the accused?
Gideon v. Wainwright (1963)
Mapp v. Ohio (1961)
Weeks v. United States (1914)
All of these
2 points
Question 24
A crime has not been committed unless there is Harm, Legality, Actus reus- (“guilty act”), Mens rea- (“guilty mind”) and which of the following?
Causation-a causal relationship between the legally forbidden harm and the actus reus, and the act must lead directly to the harm without a long delay.
Concurrence-a concurrence between the actus reus and the mens rea; the criminal conduct and the criminal intent must occur together.
Punishment- a statutory provision for punishment.
All of these elements are required for a crime to occur
2 points
Question 25
Discuss the concept of the “Plea Bargain”. What does it mean, who does it apply to, who is involved in the process and what is it purposes? Please respond in complete sentences.
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