Constitutional Law Flashcards
6 cards from real MO BAR practice questions. Tap to flip, then mark Knew It or Still Learning — missed cards come back until you master them.
Read the first 6 Constitutional Law flashcards as text
Which constitutional amendment prohibits cruel and unusual punishment?
Answer: Eighth Amendment
The Eighth Amendment prohibits cruel and unusual punishment, applying to criminal sentences and conditions of confinement.
The Sixth Amendment right to counsel attaches at which point in criminal proceedings?
Answer: At the initiation of formal adversarial proceedings
The right to counsel attaches once formal adversarial proceedings begin, such as arraignment, preliminary hearing, or indictment.
Under the Fourth Amendment, which exception allows police to search incident to a lawful arrest without a warrant?
Answer: Search incident to arrest
The search incident to arrest exception permits warrantless searches of the arrestee's person and the area within immediate control at the time of arrest.
Which constitutional provision prohibits double jeopardy—being tried twice for the same offense?
Answer: Fifth Amendment
The Double Jeopardy Clause of the Fifth Amendment bars successive prosecutions and multiple punishments for the same offense.
What constitutional standard governs pretrial identification procedures to protect a defendant's due process rights?
Answer: Totality of the circumstances reliability test
Courts evaluate whether pretrial identifications are reliable under the totality of the circumstances to guard against due process violations from unduly suggestive procedures.
Under the Fourteenth Amendment, substantive due process protects which category of rights from government interference without sufficient justification?
Answer: Fundamental rights
Substantive due process protects fundamental rights—such as privacy, marriage, and family—from government infringement regardless of the procedures used.