LMPT 2305 Exam 1 – Questions & Correct Answers
How does the Constitution apply to LEO behavior Right Ans - -LEO's must
understand Constitutional Law
-LEO's protect the rights of others from infringement by other people
-LEO's protect the people's rights from infringement by the govt
What are the components of the Constitution that form the criminal justice
system? Right Ans - -Articles 1-3 form the law making, enforcement and
judicial bodies of the govt
-Amendments 1-10 outline the rights of the people interacting with the
criminal justice system. (Search and seizure, trial and bail rights, questioning
rights, sentencing, and incrimination)
Amendments 1-10 are known as... Right Ans - The Bill of Rights
What is the purpose of the Bill of Rights Right Ans - To define the rights
and protections of freedoms entitled to US Citizens
First Amendment Rights Right Ans - Freedom of speech, press, religion,
and assembly. Generally defined as expression
Fourth Amendment Rights Right Ans - Protection from unreasonable
searches and seizures
Fifth Amendment Rights Right Ans - The right to a grand jury indictment,
protection from double jeopardy, right against self incrimination, due process
of law, "takings"
Sixth Amendment Rights Right Ans - Right to an attorney, right to a speedy
and public trial, right to be told charges against you, right to confront (and
cross-examine) witnesses, and right to call witnesses in your favor
Eighth Amendment Rights Right Ans - Right to be free from excessive
bail/fines, property forfeiture, and cruel and unusual punishment
Forms of expression Right Ans - Speech, written words, gestures, and
symbolic acts
, Types of unprotected speech Right Ans - -Fighting words
-True Threats
-Creating clear and present danger
-Obscenity
Fighting Words Right Ans - Personally abusive epithets (descriptive
phrases) which when addressed to a ORDINARY citizen are likely to provoke
violent reaction
True Threats Right Ans - A present intent to hurt a citizen now or in the
future. Does not include phrases dependent on a condition
Clear and Present Danger Right Ans - Bomb threats or inciting panic
Obscenity Right Ans - Material containing a dominant theme that appeals
to prurient interests to the average person
Powers of the Legislative Branch (Article 1) Right Ans - -Pass Laws
-Collect Taxes
-Regulate Trade
-Establish courts inferior to the Supreme Court
Powers of the Executive Branch (Article 2) Right Ans - -Enforces laws
passed by the legislative branch
-Enter treaties
-Veto acts of Congress
-Pardons for federal crimes
-Appoint members of the cabinet and US Attorney's office
Powers of the Judicial Branch (Article 3) Right Ans - -US Supreme and
federal courts
-Interpret and uphold laws passed by congress and signed by the executive
branch
-Final authority on the Constitutionality of laws
When is expression protected under the First Amendment? Right Ans -
When it does not fall under fighting words, true threats, advocating imminent
lawless action, clear and present danger, or obscenity
How does the Constitution apply to LEO behavior Right Ans - -LEO's must
understand Constitutional Law
-LEO's protect the rights of others from infringement by other people
-LEO's protect the people's rights from infringement by the govt
What are the components of the Constitution that form the criminal justice
system? Right Ans - -Articles 1-3 form the law making, enforcement and
judicial bodies of the govt
-Amendments 1-10 outline the rights of the people interacting with the
criminal justice system. (Search and seizure, trial and bail rights, questioning
rights, sentencing, and incrimination)
Amendments 1-10 are known as... Right Ans - The Bill of Rights
What is the purpose of the Bill of Rights Right Ans - To define the rights
and protections of freedoms entitled to US Citizens
First Amendment Rights Right Ans - Freedom of speech, press, religion,
and assembly. Generally defined as expression
Fourth Amendment Rights Right Ans - Protection from unreasonable
searches and seizures
Fifth Amendment Rights Right Ans - The right to a grand jury indictment,
protection from double jeopardy, right against self incrimination, due process
of law, "takings"
Sixth Amendment Rights Right Ans - Right to an attorney, right to a speedy
and public trial, right to be told charges against you, right to confront (and
cross-examine) witnesses, and right to call witnesses in your favor
Eighth Amendment Rights Right Ans - Right to be free from excessive
bail/fines, property forfeiture, and cruel and unusual punishment
Forms of expression Right Ans - Speech, written words, gestures, and
symbolic acts
, Types of unprotected speech Right Ans - -Fighting words
-True Threats
-Creating clear and present danger
-Obscenity
Fighting Words Right Ans - Personally abusive epithets (descriptive
phrases) which when addressed to a ORDINARY citizen are likely to provoke
violent reaction
True Threats Right Ans - A present intent to hurt a citizen now or in the
future. Does not include phrases dependent on a condition
Clear and Present Danger Right Ans - Bomb threats or inciting panic
Obscenity Right Ans - Material containing a dominant theme that appeals
to prurient interests to the average person
Powers of the Legislative Branch (Article 1) Right Ans - -Pass Laws
-Collect Taxes
-Regulate Trade
-Establish courts inferior to the Supreme Court
Powers of the Executive Branch (Article 2) Right Ans - -Enforces laws
passed by the legislative branch
-Enter treaties
-Veto acts of Congress
-Pardons for federal crimes
-Appoint members of the cabinet and US Attorney's office
Powers of the Judicial Branch (Article 3) Right Ans - -US Supreme and
federal courts
-Interpret and uphold laws passed by congress and signed by the executive
branch
-Final authority on the Constitutionality of laws
When is expression protected under the First Amendment? Right Ans -
When it does not fall under fighting words, true threats, advocating imminent
lawless action, clear and present danger, or obscenity
