Study guide 147Law, order, and the rights of
criminal defendants
Describe the protections provided for people accused of
a crime. (Pages 132–140)Summary
The Fourth, Fifth, Sixth, and Eighth Amendments provide protections to
individuals accused of a crime, known as due process rights. Interpreting
these general due process rights in specific cases is difficult, however,
because specific standards of fairness and justice are very hard to define.Practice Quiz Questions
- Protections from unreasonable searches and seizures are
guaranteed by which constitutional amendment?
a the Third Amendment
b the Fourth Amendment
c the Fifth Amendment
d the Seventh Amendment
e the Eighth Amendment - The Miranda rights are protections that primarily fall under
which constitutional amendment?
a the Third Amendment
b the Fourth Amendment
c the Fifth Amendment
d the Seventh Amendment
e the Eighth Amendment - In 1972, the Supreme Court banned the death penalty for what
reason?
a It deprived individuals of their rights to “life, liberty, or property.”
b It was cruel and unusual.
c It was being inconsistently applied and violated the due process
of law.
d It was racially biased.
e It was inconsistent with international law.
Privacy rights
Explain why the rights associated with privacy are often
controversial. (Pages 140–143)Summary
The term “privacy rights” is not found in the Constitution—rather, it
was established in a 1965 Supreme Court case—but it may be impliedKey terms
due process rights (p. 132)
exclusionary rule (p. 134)Miranda rights (p. 137)
double jeopardy (p. 138)in several amendments in the Bill of Rights. The right to privacy is
controversial because of the lack of explicit language in the Constitution
and the lack of consensus on exactly what the right to privacy means.
It has remained a hot-button issue because recognition of the right to
privacy is an important facet of the contemporary debate on abortion.Practice Quiz Questions
- Which of the following freedoms guaranteed in the Bill of
Rights is thought to imply a right to privacy?
a right to bear arms
b right to refuse to quarter soldiers
c right to secure legal counsel
d right to request a jury trial
e freedom of speech - In what case did the Supreme Court first establish the right to
privacy?
a Roe v. Wade
b Lawrence v. Texas
c Griswold v. Connecticut
d Gonzales v. Oregon
e Lemon v. Kurtzman
Key term
privacy rights (p. 140)Suggested Reading
Abraham, Henry J., and Barbara A. Perry. Freedom and the Court:
Civil Rights and Liberties in the United States, 8th ed. Lawrence:
University Press of Kansas, 2003.
Abrams, Floyd. The Soul of the First Amendment. New Haven, CT: Yale
University Press, 2017.
Amar, Akhil Reed. The Bill of Rights. New Haven, CT: Yale University
Press, 1998.
Chemerinsky, Erwin, and Howard Gillman. Free Speech on Campus.
New Haven, CT: Yale University Press, 2017.
Lewis, Anthony. Gideon’s Trumpet. New York: Random House, 1964.
Posner, Richard A. Not a Suicide Pact: The Constitution in a Time of
National Emergency. New York: Oxford University Press, 2006.
Pritchett, C. Herman. Constitutional Civil Liberties. Englewood
Cliffs, NJ: Prentice Hall, 1984.
Schweber, Howard. Speech, Conduct, and the First Amendment. New
York: Peter Lang, 2003.
Wa lker, Sa muel. Presidents and Civil Liberties from Wilson to Obama:
A Story of Poor Custodians. New York: Cambridge University
Press, 2014.Full_05_APT_64431_ch04_102-147.indd 147 16/11/18 1:33 PM