MO Bar Constitutional Law 3

Question 1

Which constitutional amendment prohibits cruel and unusual punishment?

Accepted Answer

Eighth Amendment

Answer

Fifth Amendment

Answer

Sixth Amendment

Answer

Fourteenth Amendment

Question 2

The Sixth Amendment right to counsel attaches at which point in criminal proceedings?

Accepted Answer

At the initiation of formal adversarial proceedings

Answer

At arrest

Answer

At indictment only

Answer

At trial only

Question 3

Under the Fourth Amendment, which exception allows police to search incident to a lawful arrest without a warrant?

Accepted Answer

Search incident to arrest

Answer

Plain view

Answer

Hot pursuit

Answer

Exigent circumstances

Question 4

Which constitutional provision prohibits double jeopardy—being tried twice for the same offense?

Accepted Answer

Fifth Amendment

Answer

Fourth Amendment

Answer

Sixth Amendment

Answer

Fourteenth Amendment

Question 5

What constitutional standard governs pretrial identification procedures to protect a defendant's due process rights?

Accepted Answer

Totality of the circumstances reliability test

Answer

Beyond a reasonable doubt

Answer

Preponderance of the evidence

Answer

Strict scrutiny

Question 6

Under the Fourteenth Amendment, substantive due process protects which category of rights from government interference without sufficient justification?

Accepted Answer

Fundamental rights

Answer

Statutory rights

Answer

Procedural rights

Answer

Legislative rights