POLI 411 FINAL EXAM QUESTIONS WITH CORRECT ANSWERS LATEST UPDATE 2026
What legal standards has the court applied when resolving discrimination claims (racial and gender)? -
Answers Strict scrutiny- racial discrimination
Heightened scrutiny- gender discrimination
Rational basis- other
To what extent did the Court's decision in Griswald influence the Justices' thinking in Katz v. United
States? - Answers Griswald established that there was a standard of privacy for people within their
private spheres (within their home, for instance) Katz established that the 4th amendment protect
people, not places.
What is the Aguillar-Spinelli test? Explain the Court's decision in Illinois v. Gates and the fate of
Aquillar-Spinelli test afterwards. - Answers Aguilar-Spinelli test: have to establish the basis of
knowledge and veracity of the tip in order to obtain a warrant
1) Tip must reveal adequately the informant's basis of knowledge.
2) Tip must provide sufficient information to establish
Totality of the Circumstances test: overruled the Aguilar-spinelli standard, when officers go to a
magistrate to obtain a warrant, you must take the totality of the information in order to have a
warrant and for the search to be conducted
Explain and critique the exclusionary rule and its logic (see Mapp v. Ohio). How did this rule come
about? - Answers Exclusionary rule: if you attain some piece of evidence illegally, it cannot be used in
the court of law (4th amendment)
Weeks v. US (1914): established the exclusionary rule
According to Justice White's view in U.S. v. Leon, is the exclusionary rule a constitutionally protected
right? What legal exception to the exclusionary rule did the Court announce in U.S. v. Leon? - Answers
Good faith exclusion
Has the Court noted any other exception to the exclusionary rule or to the Fourth Amendment? -
Answers Searches based on consent
Places meriting low expectation of privacy (car, e.g.)
Safety of officer and those around
Good faith
Knock and announce rule
Stop and frisk by officers
Exigent circumstances (i.e., emergency reasons)
The case of Gideon v. Wainwright is a Bill of Rights success story. Discuss this statement. What do you
think are the key implications of the Court's ruling? - Answers -The Court ruled in Betts v. Brady (1944)
that in non capital cases, states do not have to provide counsel to indigents in cases other than rape
and murder
-Court over-ruled Betts v. Brady
-Incporated the right to counsel in all cases where prison sentence is possible.
Why is the death penalty so expensive compared to life in prison without parole? - Answers 1.
Duration
2. Two lawyers
3. Housed in maximum security facility
4. Automatic appeal
Why did the Supreme Court declare the method of death penalty implementation in Georgia
unconstitutional in Furman v. Georgia only to reinstate the death penalty in Gregg v. Georgia a mere
four years later? - Answers Furman v. Georgia proved that the law was being applied unequally, so
Georgia changed it's law so that it was being applied equally, so the death penalty was reinstated
Arguments for and against the death penalty - Answers For:
-Constitution permits it (via 8th Amendment).
-Deterrence
-Incapacitation
-Eye for an Eye (morality argument in favor)
-Brings closure for families
=Public opinion supports it.
, Against:
-Discriminatory (on the basis of race, gender, and social class. Our constitution rejects invidious
discrimination).
-Too expensive for whatever potential benefits it brings.
-Can lead to innocents being executed (wrongful conviction & execution).
-It is not a deterrent to murder (just look at Texas where murder rate is still relatively high).
-Immoral for anyone to kill (Thou shall not kill). (Morality argument against.)
6th amendment - Answers In all criminal prosecutions, the accused shall enjoy the right to a speedy
and public trial, by an impartial jury of the State and district wherein the crime shall have been
committed, which district shall have been previously ascertained by law, and to be informed of the
nature and cause of the accusation; to be confronted with the witnesses against him; to have
compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his
defence.
7th amendment - Answers In suits at common law, where the value in controversy shall exceed
twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be
otherwise reexamined in any court of the United States, than according to the rules of the common
law.
The second amendment is structurally different from other amendments in the Bill of Rights. How is
that so?
How does that structural difference lead to multiple interpretations of the Amendment and what are
those interpretations? - Answers It is constructed in a way that people argue whether the 2nd
amendment was intended to be an individual or group right. We debate this and apply it to gun
ownership
How did Justice Antonin Scalia interpret the Second Amendment? How did that interpretation differ
from United States v. Miller (1939)? To what extend has this opinion and mass shootings in recent
years affected how the public feels about government regulation of guns? - Answers Scalia: the well-
regulated militia is a prefatory clause, but what comes after is important, and so it is an individual
right
US v. Miller: the intent was to bestow a group right on gun membership
Remains a partisan issue
Did D.C. v. Heller incorporate the Second Amendment? - Answers No
What is the legal significance of the opinion in Near v. Minnesota? - Answers -Established that
freedom of the press was not absolute and when prior restraint is ok
-Incorporated freedom of the press
Facts:
-Chicago tribune helped him take the case to court
-This was used as a vehicle for incorporation of freedom of the press
-When prior restraint is ok:
*National security
*Obscenity
*To prevent violence
-Freedom of the press is not absolute
What were the issues raised in the Court's ruling in New York Times v. U.S.? Does the Court's opinion
here undermine the effectiveness of the opinion in Near regarding time periods in which government
can regulate press freedom? Why? - Answers -Government filed a lawsuit to enjoin the pentagon
papers, claiming that publication will result in irreparable harm to the US (sever national security
problem)
-Only took 9 days to reach the court
-Per Curium, but each justice added something to the opinion
-When someone claims that a top-secret document should be published, but the government says no,
and the judges will read through to see if it will provide harm to the US
-Deemed it would not be dangerous for the pentagon papers to be released
What legal standards has the court applied when resolving discrimination claims (racial and gender)? -
Answers Strict scrutiny- racial discrimination
Heightened scrutiny- gender discrimination
Rational basis- other
To what extent did the Court's decision in Griswald influence the Justices' thinking in Katz v. United
States? - Answers Griswald established that there was a standard of privacy for people within their
private spheres (within their home, for instance) Katz established that the 4th amendment protect
people, not places.
What is the Aguillar-Spinelli test? Explain the Court's decision in Illinois v. Gates and the fate of
Aquillar-Spinelli test afterwards. - Answers Aguilar-Spinelli test: have to establish the basis of
knowledge and veracity of the tip in order to obtain a warrant
1) Tip must reveal adequately the informant's basis of knowledge.
2) Tip must provide sufficient information to establish
Totality of the Circumstances test: overruled the Aguilar-spinelli standard, when officers go to a
magistrate to obtain a warrant, you must take the totality of the information in order to have a
warrant and for the search to be conducted
Explain and critique the exclusionary rule and its logic (see Mapp v. Ohio). How did this rule come
about? - Answers Exclusionary rule: if you attain some piece of evidence illegally, it cannot be used in
the court of law (4th amendment)
Weeks v. US (1914): established the exclusionary rule
According to Justice White's view in U.S. v. Leon, is the exclusionary rule a constitutionally protected
right? What legal exception to the exclusionary rule did the Court announce in U.S. v. Leon? - Answers
Good faith exclusion
Has the Court noted any other exception to the exclusionary rule or to the Fourth Amendment? -
Answers Searches based on consent
Places meriting low expectation of privacy (car, e.g.)
Safety of officer and those around
Good faith
Knock and announce rule
Stop and frisk by officers
Exigent circumstances (i.e., emergency reasons)
The case of Gideon v. Wainwright is a Bill of Rights success story. Discuss this statement. What do you
think are the key implications of the Court's ruling? - Answers -The Court ruled in Betts v. Brady (1944)
that in non capital cases, states do not have to provide counsel to indigents in cases other than rape
and murder
-Court over-ruled Betts v. Brady
-Incporated the right to counsel in all cases where prison sentence is possible.
Why is the death penalty so expensive compared to life in prison without parole? - Answers 1.
Duration
2. Two lawyers
3. Housed in maximum security facility
4. Automatic appeal
Why did the Supreme Court declare the method of death penalty implementation in Georgia
unconstitutional in Furman v. Georgia only to reinstate the death penalty in Gregg v. Georgia a mere
four years later? - Answers Furman v. Georgia proved that the law was being applied unequally, so
Georgia changed it's law so that it was being applied equally, so the death penalty was reinstated
Arguments for and against the death penalty - Answers For:
-Constitution permits it (via 8th Amendment).
-Deterrence
-Incapacitation
-Eye for an Eye (morality argument in favor)
-Brings closure for families
=Public opinion supports it.
, Against:
-Discriminatory (on the basis of race, gender, and social class. Our constitution rejects invidious
discrimination).
-Too expensive for whatever potential benefits it brings.
-Can lead to innocents being executed (wrongful conviction & execution).
-It is not a deterrent to murder (just look at Texas where murder rate is still relatively high).
-Immoral for anyone to kill (Thou shall not kill). (Morality argument against.)
6th amendment - Answers In all criminal prosecutions, the accused shall enjoy the right to a speedy
and public trial, by an impartial jury of the State and district wherein the crime shall have been
committed, which district shall have been previously ascertained by law, and to be informed of the
nature and cause of the accusation; to be confronted with the witnesses against him; to have
compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his
defence.
7th amendment - Answers In suits at common law, where the value in controversy shall exceed
twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be
otherwise reexamined in any court of the United States, than according to the rules of the common
law.
The second amendment is structurally different from other amendments in the Bill of Rights. How is
that so?
How does that structural difference lead to multiple interpretations of the Amendment and what are
those interpretations? - Answers It is constructed in a way that people argue whether the 2nd
amendment was intended to be an individual or group right. We debate this and apply it to gun
ownership
How did Justice Antonin Scalia interpret the Second Amendment? How did that interpretation differ
from United States v. Miller (1939)? To what extend has this opinion and mass shootings in recent
years affected how the public feels about government regulation of guns? - Answers Scalia: the well-
regulated militia is a prefatory clause, but what comes after is important, and so it is an individual
right
US v. Miller: the intent was to bestow a group right on gun membership
Remains a partisan issue
Did D.C. v. Heller incorporate the Second Amendment? - Answers No
What is the legal significance of the opinion in Near v. Minnesota? - Answers -Established that
freedom of the press was not absolute and when prior restraint is ok
-Incorporated freedom of the press
Facts:
-Chicago tribune helped him take the case to court
-This was used as a vehicle for incorporation of freedom of the press
-When prior restraint is ok:
*National security
*Obscenity
*To prevent violence
-Freedom of the press is not absolute
What were the issues raised in the Court's ruling in New York Times v. U.S.? Does the Court's opinion
here undermine the effectiveness of the opinion in Near regarding time periods in which government
can regulate press freedom? Why? - Answers -Government filed a lawsuit to enjoin the pentagon
papers, claiming that publication will result in irreparable harm to the US (sever national security
problem)
-Only took 9 days to reach the court
-Per Curium, but each justice added something to the opinion
-When someone claims that a top-secret document should be published, but the government says no,
and the judges will read through to see if it will provide harm to the US
-Deemed it would not be dangerous for the pentagon papers to be released
