MCAP Review 12: Due Process

Front

Which legal principle must be met in order to obtain a search warrant?

Back

probable cause

Answer explanation

Probable cause means evidence that maybe someone committed a crime, so we need to investigate more.

Front

In which of these circumstances will a judge grant a writ of habeas corpus? Options: the accused person is charged with negligence (carelessness), the accused person is a repeat offender, the accused person is under 18, the accused person is being held in jail without cause

Back

the accused person is being held in jail without cause

Answer explanation

Habeas corpus means the right to challenge unfair detention (jail).

Front

For which of these situations could a writ of habeas corpus be issued? A defendant plea-bargains in exchange for a lighter sentence. A police officer searches an apartment without a search warrant. A suspect is kept in jail without being charged with a crime. A judge rules that certain evidence cannot be used in a trial.

Back

A suspect is kept in jail without being charged with a crime.

Answer explanation

Habeas corpus is the right to challenge unfair detention (jail).

Front

What legal tool is available to prisoners who believe they are being jailed illegally?

Back

writ of habeas corpus

Front

Which excerpt from the U.S. Constitution best applies to the situation of an individual accused of stealing identities on the Internet and held without formal charges?

Back

No person shall be deprived of life, liberty, or property without due process.

Answer explanation

Due process includes all the rights people have when they are suspected of a crime.

Violations of habeas corpus are also due process violations.

Front

Which situation is a violation of the due process clause of the Fifth Amendment to the U.S. Constitution? Options: denying a bank loan to a couple on the basis of race, blocking publication of a student-run newspaper, holding a suspect in jail without charges, issuing a subpoena for records in a criminal case

Back

holding a suspect in jail without charges

Answer explanation

Due process refers to all the rights people have when they're suspected of a crime.

This includes the right to know what crime they're accused of (or to be released if there's not enough evidence to charge them).

Front

According to the excerpt, all people are entitled to

Back

the right to due process of law

Answer explanation

Due process refers to all the rights people have when they're suspected of a crime.

This includes the right to a trial.

You need to use process of elimination to figure this one out!

Front

Which of these is required by a judge before police can obtain a search warrant?
Options:
probable cause linking the person to the crime,
reasonable doubt no other person is responsible,
plea bargaining to reduce charges,
a preponderance of evidence against the person

Back

probable cause linking the person to the crime

Answer explanation

Probable cause means evidence that maybe someone committed a crime, so the police need to investigate more.