School Improvement in Maryland

Public Release Item: Public Release items have appeared on HSA forms and then are released for public viewing and use. Releasing items is one step to ensuring that schools, districts, and other stakeholders understand how the core learning goals are assessed on the HSA.

Goal 1 Political Systems

Expectation 1.2 The student will evaluate how the United States government has maintained a balance between protecting rights and maintaining order.

Indicator 1.2.4 The student will evaluate the principle of due process.

Assessment Limits:

  • Fifth Amendment due process clause.
  • Fourteenth Amendment due process clause.
  • Procedural due process and the incorporation doctrine under the Fourteenth Amendment.
  • Information about due process cases will be provided in the item.

Selected Response Item - Released in 2001

It is legal for a local government to restrict a religious practice if it

  1. occurs on private property
  2. conflicts with the majority view
  3. threatens people's safety and health
  4. is funded by a wealthy individual
/share/clg/xml/public_release/government/2001_124_gov42.xml

Correct Answer:
C

Selected Response Item - Released in 2001

The decision in Gideon v. Wainwright extended due process in state courts to include

  1. women
  2. the poor
  3. the elderly
  4. disabled persons
/share/clg/xml/public_release/government/2001_124_gov52.xml

Correct Answer:
B

Brief Constructed Response (BCR) Item - Released in 2003

Read the information below.

Police cameras have been installed at intersections in parts of Maryland to photograph the license plates of red-light runners. Many citizens oppose this government use of cameras.

  • What constitutional issue might be involved in this use of cameras?
  • Explain whether you agree or disagree with this practice.
  • Include examples and details to support your answer.

Write your answer on the lines in your Answer Book.

/share/clg/xml/public_release/government/2003_124_gov14.xml

View Scoring Information

Selected Response Item - Released in 2003

When a defendant was tried and found innocent of a crime, the state prosecutor was disappointed but could not legally try the case again. Doing so would violate the defendant's right to protection from

  1. double jeopardy
  2. self-incrimination
  3. illegal search and seizure
  4. cruel and unusual punishment
/share/clg/xml/public_release/government/2003_124_gov23.xml

Correct Answer:
A

Selected Response Item - Released in 2003

A police officer arrests a suspected criminal and neglects to inform the suspect of the charges against him.

Which of these best describes the above situation?

  1. a failure to ensure separation of powers
  2. a violation of due process rights
  3. the abuse of executive privilege
  4. the misuse of the power of eminent domain
/share/clg/xml/public_release/government/2003_124_gov30.xml

Correct Answer:
B

Selected Response Item - Released in 2004

During wartime, the writ of habeas corpus can be suspended in some areas allowing the arrest and holding of persons without charging them with a specific crime.

Based on this event, which of these conclusions is accurate?

  1. The President lacks significant power during times of war.
  2. The military must provide constitutional protections.
  3. Citizens may lose some civil rights during emergencies.
  4. The Supreme Court must rule on presidential actions.
/share/clg/xml/public_release/government/2004_124_gov06.xml

Correct Answer:
C

Selected Response Item - Released in 2004

Which of these government actions is most associated with due process of law?

  1. creating affirmative action programs
  2. informing the accused of their rights
  3. maintaining order during times of crisis
  4. establishing guidelines for workplace safety
/share/clg/xml/public_release/government/2004_124_gov30.xml

Correct Answer:
B

Selected Response Item - Released in 2005

In Goss v. Lopez (1971), a group of children was suspended from school. The parents sued the Board of Education because the children were not given hearings before the suspension.

Which of these was most at issue in this case?

  1. due process
  2. probable cause
  3. separation of powers
  4. rule of law
/share/clg/xml/public_release/government/2005_124_gov23.xml

Correct Answer:
A

Brief Constructed Response (BCR) Item - Released in 2005

The exclusionary rule states that prosecutors may not use illegally obtained evidence in court.

  • Explain the privacy protections in the Bill of Rights that support this rule.
  • Do the advantages of the rule outweigh the disadvantages? Explain why or why not.
  • Include details and examples to support your answer.

Write your answer on the lines in your Answer Book.

/share/clg/xml/public_release/government/2005_124_gov45.xml

View Scoring Information

Selected Response Item - Released in 2005

Which of these is a violation of due process?

  1. A state eliminates representation for defendants.
  2. A state requires that cars be inspected once a year.
  3. A state requires the vaccination of all school children.
  4. A state forbids a doctor from practicing without a license.
/share/clg/xml/public_release/government/2005_124_gov57.xml

Correct Answer:
A

Selected Response Item - Released in 2002

A police officer stopped a citizen for speeding. Without probable cause, the officer opened the trunk of the citizen's car to look for drugs.

The citizen can challenge the actions of the police officer on the grounds that a citizen has

  1. the right to an attorney
  2. the right to avoid self-incrimination
  3. the right to equal protection under the law
  4. the right to protection against illegal searches and seizures
/share/clg/xml/public_release/government/2002_124_gov15.xml

Correct Answer:
D

Selected Response Item - Released in 2002

Which of these is a requirement for a fair trial in a criminal case?

  1. The jury must recognize the lawyers involved in the case.
  2. The lawyers must know each other.
  3. The defendant must know the charges.
  4. The judge must insist that the defendant testify.
/share/clg/xml/public_release/government/2002_124_gov41.xml

Correct Answer:
C

Selected Response Item - Released in 2006

A man on trial for committing a crime was not allowed to have witnesses testify on his behalf.

Which of these principles was violated?

  1. due process
  2. judicial review
  3. checks and balances
  4. separation of powers
/share/clg/xml/public_release/government/2006_124_gov40.xml

Correct Answer:
A

Selected Response Item - Released in 2006

The Fourteenth Amendment limits the state government's ability to

  1. raise the federal income tax
  2. use military forces in peacetime
  3. regulate interstate trade and commerce
  4. place restrictions on qualified voters
/share/clg/xml/public_release/government/2006_124_gov53.xml

Correct Answer:
D

Selected Response Item - Released in 2007

Read the excerpt below.

“No person shall be held to answer for a capital, or otherwise infamous crime unless on a presentment or indictment of a Grand Jury … nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself… .”

—Fifth Amendment,
United States Constitution

Which of these does the Fifth Amendment specifically prohibit?

  1. forcing witnesses in a case to testify
  2. allowing the media to announce an indictment
  3. trying someone for the same crime a second time
  4. selecting jurors who are prejudiced against the defendant
/share/clg/xml/public_release/government/2007_124_gov11.xml

Correct Answer:
C

Selected Response Item - Released in 2007

The United States legal system requires that people accused of crimes be

  1. held in prison until trial
  2. informed of the charges against them
  3. responsible for proving their innocence
  4. given money if they are found to be innocent
/share/clg/xml/public_release/government/2007_124_gov28.xml

Correct Answer:
B

Selected Response Item - Released in 2008

The government provides a lawyer to a person who cannot afford one if that person is

  1. preparing a will
  2. filing for divorce
  3. being sued by a business partner
  4. being charged with a serious crime
/share/clg/xml/public_release/government/2008_124_gov28.xml

Correct Answer:
D

Extended Constructed Response (ECR) Item - Released in 2008

Read the excerpt below and use it to complete the EXTENDED CONSTRUCTED RESPONSE that follows.

“No person… shall be… deprived of life, liberty, or property, without due process of law…”

—United States Constitution,
Fifth Amendment

  • Describe ways in which the due process clause of the Fifth Amendment protects the rights of those accused of a crime.
  • Explain how the Supreme Court’s decision in Miranda v. Arizona strengthened the rights of the accused.
  • Compare the advantages and disadvantages of strengthening the rights of the accused.
  • Include details and examples to support your answer.

Write your answer on the lines in your Answer Book.

/share/clg/xml/public_release/government/2008_124_gov43.xml

View Scoring Information

Selected Response Item - Released in 2008

Which of these headlines most involves a due process right?

  1. Politician Promises Stricter Gun Laws
  2. Judge Criticizes Police For Withholding Evidence
  3. Residents Start Campaign to Throw Out Mayor
  4. County Executive Withdraws Bill to Increase Parking Tax
/share/clg/xml/public_release/government/2008_124_gov50.xml

Correct Answer:
B

Selected Response Item - Released in 2009

Read the information below.

In 1958, the United States Supreme Court ruled that the state of Alabama violated the due process clause of the Fourteenth Amendment by requiring the National Association for the Advancement of Colored People (NAACP) to hand over the names and addresses of its members.

Which of these best describes the decision in this case?

  1. State actions are limited by the United States Constitution.
  2. The Supreme Court lacks the power to review state laws.
  3. Political organizations are required to maintain accurate membership records.
  4. Citizens must report their memberships in organizations to the government.
/share/clg/xml/public_release/government/2009_124_gov17.xml

Correct Answer:
A

Selected Response Item - Released in 2009

Which of these statements describes due process under the Fourteenth Amendment?

  1. States must protect the right to a lawyer.
  2. Basic rights are protected by executive order.
  3. States must obtain congressional approval to limit rights.
  4. Basic rights are limited to those stated in the Constitution.
/share/clg/xml/public_release/government/2009_124_gov24.xml

Correct Answer:
A

Selected Response Item - Released in 2009

Which of these is the best example of due process?

  1. A speedy trial is guaranteed to a defendant.
  2. A plea bargain is offered by a prosecutor.
  3. A newspaper reports charges against a suspect.
  4. A visitor is allowed to see a suspect in jail.
/share/clg/xml/public_release/government/2009_124_gov29.xml

Correct Answer:
A

Selected Response Item - Released in 2009

Which of these is a violation of a defendant’s rights in a criminal proceeding?

  1. The judge orders the defendant to testify at trial.
  2. The prosecution refuses to plea bargain with the defendant.
  3. The defendant requests to be tried by a jury instead of the judge.
  4. The judge admits a voluntary confession by the defendant into evidence.
/share/clg/xml/public_release/government/2009_124_gov42.xml

Correct Answer:
A