Exam 1 LMPT
It is critical to be ________ and react to the threat of violence and not the actual violence itself. - ANSWER-proactive
Legislative Branch - ANSWER-Who enacts the laws?
Executive Branch - ANSWER-who implements the laws
Judicial Branch - ANSWER-Interprets the laws
1st Ame...
Exam 1 LMPT
It is critical to be ________ and react to the threat of violence and not the actual violence itself. -
ANSWER-proactive
Legislative Branch - ANSWER-Who enacts the laws?
Executive Branch - ANSWER-who implements the laws
Judicial Branch - ANSWER-Interprets the laws
1st Amendment - ANSWER-Freedom of Religion, Speech, Press, Assembly, and Petition
4th Amendment - ANSWER-Freedom from unreasonable searches and seizures
5th Amendment - ANSWER-The Right to Remain Silent/Double Jeopardy, right to due process
5th Amendment - ANSWER-Double jeopardy
Dual sovereignty
Self incrimination
Grand jury &
Due process
6th Amendment - ANSWER-Speedy trial
Right to confront witnesses
Compulsory process to obtain witnesses f
Assistance of counsel
Informed of the nature and cause of the charges
,8th Amendment - ANSWER-No excessive bail or fines
No cruel & unusual punishment.
How does the U.S. Constitution apply to law enforcement behavior? - ANSWER-When law enforcement
agencies abide by the Constitution, members of the public are more likely to view police actions as
legitimate. The community will know they can trust police officers to act in ways that are respectful,
appropriate, and just.
Identify the components of the criminal justice system that originate in the U.S. Constitution. - ANSWER-
Grand Jury, initial appearance, venue, and the right to trial by jury
Identify when speech, or expression, is protected under the First Amendments to the U.S. Constitution. -
ANSWER-Protects the people from unreasonable government restrictions on expressing their thoughts
and ideas. Expression under the First Amendment is communication of an idea in almost any form.
How can people express themselves as defined through first amendment? - ANSWER-speech, the written
word, gestures, or symbolic acts.
What are the exceptions to freedom of speech? - ANSWER-(1) obscenity, (2) fraudulent
misrepresentation, (3) defamation, (4) advocacy of imminent lawless behavior, and (5) fighting words.
What are fighting words? - ANSWER-They are personally abusive epithets which, when addressed to the
ordinary citizen, are reasonably likely to provoke a violent reaction. More than profanity, they are an
invitation to fight.
What is 'advocating imminent lawless action'? - ANSWER-First, the advocacy must be directed to inciting
or producing imminent lawless action. Consequently, advocating lawlessness at some future time is
protected. Secondly, the advocacy must be likely to incite or produce lawlessness, so even if the speaker
advocates immediate lawlessness, the audience must be receptive to the idea.
Define creating clear and present danger? - ANSWER-Imagine a passenger on an airplane joking with a
flight attendant and saying, "I've got a bomb." Attempts like those that place the public in fear of
pending peril
, Define 'true threats' - ANSWER-concerning an attempt to kill, injure, or intimidate any individual or to
unlawfully damage or destroy any building
Identify where (the forum) that the people have the most protection exercising their first amendment
rights and how the government can control expression in that area. - ANSWER-Within a public forum the
government can require demonstrators to get a permit. They can control it through setting time
restrictions, the manner, and the place.
Define public forums - ANSWER-public forums are where the people have traditionally exercised First
Amendment freedoms. They include public streets, sidewalks, and parks.
How does time restrict demonstrators? - ANSWER-keeps two demonstrations from interfering with
another
How does place restrict demonstrators? - ANSWER-prevents demonstrators from blocking traffic.
How does manner restrict demonstrators? - ANSWER-no fighting/aggressiveness/noise level, keeps the
public safe
What are content based restrictions? - ANSWER-Government has to prove the restriction not only serves
a compelling state interest, but also is narrowly drawn to achieve that end.
Typically is not held up in a court.
When does a law enforcement officer seize a suspect under the Fourth Amendment. -
ANSWER-"Whenever an officer restrains the freedom of a person to walk away, he has seized that
person." Tennessee v. Garner, 471 U.S. 1, 7 (1985).
What are the different objectives identified for use reasonable force by law enforcement officers? -
ANSWER-detentions
frisks
arrests
self defense
defense of others
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