Question

which principle of democracy and constitutional protection requires police to follow legal procedures (steps) before questioning or searching a suspect?
○ checks and balances
○ due process
○ separation of powers
○ federalism
7 multiple choice 1 point
which of the following was the main constitutional issue in the court case gideon v. wainwright?
○ what are the grounds for evidence being declared illegal?
○ can a defendant be forced to defend themselves in court?
○ do school officials need probable cause to search students?
○ how can police question a suspect after they have been arrested?
8 multiple answer 1 point
which two actions show the supreme court using judicial review?
(choose 2 answers)
□ ruling that a federal agency went beyond the powers given by congress
□ striking down a state law that violates freedom of speech
□ holding a press conference about an upcoming election
□ ordering congress to pass a new law
□ approving a new tax law proposed by congress

Explanation:

Question 1 (First Multiple Choice)

• Checks and balances: Involves branches checking each other, not police procedures.
• Due process: Ensures legal procedures (like for searches/questioning) are followed.
• Separation of powers: Divides government powers, not about police actions.
• Federalism: Deals with state-federal power, not police procedures.

• Gideon v. Wainwright was about the right to counsel (defendant’s right to an attorney). The option “Can a defendant be forced to defend themselves in court?” relates to whether they need counsel (or can be forced to self - defend, which ties to the right to have an attorney provided). The other options: evidence legality (Miranda/Exclusionary Rule - related), school searches (Tinker/New Jersey v. T.L.O. - related), and police questioning after arrest (Miranda - related) are not Gideon’s issue.

• Judicial review is the power to declare laws/government actions unconstitutional.
• “Ruling that a federal agency went beyond the powers given by Congress”: Reviews if the agency’s action is constitutional (within its powers).
• “Striking down a state law that violates freedom of speech”: Reviews the state law’s constitutionality.
• “Holding a press conference...”: Not judicial review (not a ruling on constitutionality).
• “Ordering Congress to pass a new law”: Courts can’t order Congress to legislate (separation of powers).
• “Approving a new tax law...”: Courts don’t approve laws; they review for constitutionality, not approve legislative proposals.

Answer:

B. Due process

Question 2 (Question 7)