Q&A Hero

Q: Which of the following statements best describes the Supreme Court's decision in Oregon v. Mitchell? (note that the decision occurred before the Twenty-sixth Amendment was passed.)A. Congress has the power to set a minimum age for voting in federal elections but not for state and local elections.B. Congress has the power to set a minimum age for voting in all elections.C. Congress does not have the power to set a minimum age for voting in any elections.D. Congress has the power to set a minimum age for voting in state and local elections, but not in presidential elections.

Q: Which amendment ensures that the right to vote cannot be denied on account of a person's sex?A. Fourteenth AmendmentB. Seventeenth AmendmentC. Nineteenth AmendmentD. Twenty-fourth Amendment

Q: The seizure of property connected with illegal activity is known as __________.

Q: Denying bail on the basis of danger to the community or of risk to not appear at trial is known as ____________.

Q: Which of the following statements best describes the position Chief Justice Rehnquist took in his written opinion about the Supreme Court's decision to hear Bush v. Gore?A. He opposed the Court's decision to accept the case, calling it a non-federal issue.B. He approved of the Court's decision to accept the case because the appointment of presidential electors presented a federal constitutional question.C. He opposed the Court's decision to accept the case because there was no precedent for hearing such a case.D. He argued that the Supreme Court correctly accepted the case because all elections, even local contests, are federal issues.

Q: Bayport University (a publicly run university) has a stringent nondiscrimination policy that includes penalties for discrimination based on race, gender, religion, ethnic origin, or sexual orientation. In 2005 a group of students from the campus LGBT (lesbian, gay, bi-sexual, and transgendered) student association asked the university to add transgendered individuals to the list of groups protected from discrimination. The students sought such action because, as one member of the LGBT community put it, there is an "attitude of discrimination and prejudice regarding transgender issues," at the school, particularly within the administration. The university responded by arguing that, "Bayport is a safe and supportive place for people of all walks of life, regardless of their sexual orientation, race, religion, or gender." The dean of students was also quoted as saying that "no discrimination or harassment will be tolerated." Ultimately, the university did not add transgendered individuals to its list of protected groups. The current case stems from a controversy that arose during the time the LGBT community was focused on changing university policy. Mary Weather, a biological female who identifies as male and has begun taking hormones as part of his gender transition, was on a waiting list for on-campus housing. The director of campus housing informed Weather that should student housing become available for him, it would be with a female roommate. At one point, Weather requested to live with a male friend, but the campus has a strict policy against opposite-sex living arrangements. The administration argued that the problem would simply "go away" because Weather was not guaranteed on-campus housing due to his high lottery number. However, Weather also allegeds that throughout his attempts to secure appropriate housing he was repeatedly treated disrespectfully by a several administrators and staff members, including the president, who informed him the university "has no interest in helping a transgendered student find housing." Weather sued the university for its discriminatory practice but lost at trial. On appeal, however, the Ninth Circuit Court reversed the trial court, holding that, people from the LGBT community deserve the same protections as everyone else who attends a public university. Bayport appealed to the U.S. Supreme Court, asking it to add transgendered people to the class of citizens protected by the strict scrutiny test. If you were a justice on the U.S. Supreme Court and this case came before you, how would you rule?

Q: In ____________, the Supreme Court reinstated the Georgia death penalty by sustaining its revised death penalty law.

Q: Estelle v. Gamble held that ________________to prisoners' serious medical needs constituted unnecessary and wanton infliction of pain.

Q: Since ratification of the Fourteenth Amendment in 1868, the Supreme Court has been asked to decide what kinds of discrimination violate the Constitution. First, what specific part of the amendment applies to discrimination? Second, since 1868 how has the Court's interpretation of this part of the amendment and race discrimination more generally changed, if at all? What factors do you think have been important in the Court's decision making to cause it either to change course or maintain the status quo? In your essay, you need to bring in the cases on discrimination that we have read and/or discussed in class to support your argument. Please do not simply write a chronological summary of the cases, however. Instead, and you should use details about the specific cases to elaborate and enrich your essay.

Q: The Supreme Court has upheld the execution of mentally retarded offenders. a. True b. False

Q: The Supreme Court has held that California's "threestrikes" law did not violate the Eighth Amendment. a. True b. False

Q: Some people argue that the Fourteenth Amendment's equal protection clause simply requires states to prohibit discrimination. Others argue that states need to take active, positive, and remedial steps to compensate for the effects of past discrimination. How have different government actors attempted to actively make up for past discrimination? How has the Court responded to these efforts over the years? How have different points of view on the Court been justified (i.e., how have the justices interpreted the Constitution differently)?

Q: Asset forfeiture may constitute double jeopardy. a. True b. False

Q: Explain the rationale the Court used in Windsor to strike down the Defense of Marriage Act. How did the dissenters react to this argument?

Q: The Eighth Amendment guarantees the right to bail. a. True b. False

Q: In the two University of Michigan affirmative action cases, why did the Court rule against the University of Michigan in Gratz v. Bollinger but for the university in Grutter v. Bollinger?

Q: A person who becomes mentally ill while in prison cannot be executed. a. True b. False

Q: Why might a litigant in an age discrimination case have a harder time winning his or her case than a defendant in a racial discrimination case?

Q: What equal protection test did the majority of the Court use in San Antonio Independent School District v. Rodriguez? Why did the Court settle on this test?

Q: The government may detain dangerous defendants who become incompetent to stand trial. a. True b. False

Q: What did the majority opinion of the Court consider to be "the underlying fallacy" of the plaintiff's argument in Plessy v. Ferguson?

Q: The Supreme Court has held that the Eighth Amendment prohibits execution of anyone who was under age 21 at the time they committed the capital offense. a. True b. False

Q: State courts are free to forbid preventive detention of state and local prisoners. a. True b. False

Q: Romer v. Evans _______.A. Upheld laws that single out homosexuals for discriminationB. Struck down laws that single out homosexuals for discriminationC. Used strict scrutiny to decide a case of discrimination against homosexualsD. None of the above.

Q: The amount of bail must be an amount the accused can afford to pay. a. True b. False

Q: In Rostker v. Goldberg the Court _______.A. Deferred to the judgment of the military that only men should be draftedB. Refused to defer to the military and ruled that women may be drafted tooC. Ruled the draft unconstitutionalD. Dismissed the case as improvidently granted

Q: Jim Crow laws _______.A. Helped desegregate the racesB. Had no effect on race relationsC. Required strict separation of the racesD. None of the above.

Q: The Massachusetts Body of Liberties (1641) provided a right to bail and prohibited cruel and inhumane punishment. a. True b. False

Q: Asset forfeiture is unconstitutional if: a. the owner of a residence or vehicle is unaware of its illegal use. b. the forfeiture is "grossly disproportionate" to the offense . c. forfeiture is accompanied by a loss of liberty in violation of double jeopardy. d. the government converts the assets for public use.

Q: Which of the following characteristics makes an affirmative action or minority set-aside program less likely to be found constitutional?A. It is narrowly tailored to achieve a compelling government interest.B. It is designed to assist any minority group, whether or not the group has been the victim of illegal discrimination.C. It is imposed by a federal court as a remedy for demonstrated constitutional violations.D. It avoids the use of quotas.

Q: How many states authorize lethal injections as a method of execution, as of 2010? a. 50 b. 13 c. 36 d. 26

Q: Which of the following statements is true?A. Although federal laws prohibit various forms of discrimination based on race and sex, no law explicitly protects homosexuals.B. While Americans' views about blacks and women have changed since the early 1970s, they have remained more stable, and negative, toward gays and lesbians.C. The Court struck down Section 3 of the Defense of Marriage Act in its Windsor decision.D. All of the above.

Q: What category of litigation has the Court appeared to be less willing to strike down sex-based laws?A. Cases in which men are discriminated against.B. Cases in which the discrimination makes the administrative work of the state easierC. Cases involving higher education.D. Cases involving physical differences between men and women.

Q: Defendants cannot be sentenced to life without parole for a non-homicide crime if, when they committed the crime, they were below the age of: a. 15 b. 16 c. 17 d. 18

Q: In discrimination cases based on economic status, what test has the Court used when a "fundamental" right, such as the right to vote, has been involved?A. Strict scrutiny test.B. Heightened scrutiny test.C. Rational basis test.D. The Court has not used any type of test in cases based on economic status.

Q: The Supreme Court ruled that capital punishment can only be imposed by a jury or by a judge following a jury's recommendation in:a. Powell v. Alabamab. Trop v. Dullesc. Brown v. Mississippid. Ring v. Arizona

Q: In Trop v. Dulles, the Supreme Court held that the standard for determining whether a punishment is cruel and unusual is: a. "socially acceptable practices" b. "evolving standards of decency " c. "evolving social norms" d. "retribution v. rehabilitation"

Q: Which of the following statements is true?A. Although federal laws prohibit various forms of discrimination based on race and sex, no law explicitly protects homosexuals.B. While Americans' views about blacks and women have changed since the early 1970s, they have remained more stable, and negative, towards gays and lesbians.C. The 1996 Defense of Marriage Act permits states to refuse to recognize same-sex marriages performed in other states.D. All of the above.

Q: The Supreme Court upheld corporal punishment as necessary for the proper education of a child and maintenance of group discipline and not an Eighth Amendment issue in: a. United States v. Ursery b. Trop v. Dulles c. Solem v. Helm d. Ingraham v. Wright

Q: Which of the following has been held to be a violation of a prisoner's right against cruel and unusual punishment? a. Suspending visiting privileges for an inmate who failed more than one drug test. b. Exposure to second-hand smoke posing an unreasonable risk of damage to health. c. A prisoner shot in the leg during a riot to maintain discipline. d. The use of chain gangs.

Q: In Craig v. Boren, what test did a majority of the Court agree on for examining sex discrimination cases?A. Heightened scrutiny test.B. Strict scrutiny testC. Rational basis testD. None of the above.

Q: In United States v. Ursery, the Supreme Court ruled that since forfeiture is a civil action, not an additional criminal action, it is not: a. double jeopardy b. an excessive fine c. cruel and unusual punishment d. applicable to the states through the Fourteenth Amendment

Q: Which future Supreme Court justice argued before the Court in Reed v. Reed?A. Thurgood MarshallB. Sandra Day O"ConnorC. Ruth Bader GinsburgD. Antonin Scalia

Q: Which amendment, known as the Equal Rights Amendment, states, "Equality of rights under the law shall not be denied or abridged by the United States or by any state on account of sex?"A. Thirteenth AmendmentB. Fifteenth AmendmentC. Eighteenth AmendmentD. None of the above.

Q: The landmark case in which the Supreme Court called for a ban on the death penalty in Georgia, ruling its law was capricious, and hence, cruel and unusual punishment is: a. Furman v. Georgia b. Coker v. Department of Corrections c. Gregg v. Georgia d. Ford v. Georgia

Q: In Brown II, the Court said that the primary duty of implementing the decision and ending school segregation rested with what political body?A. Local school boardsB. District courtsC. CongressD. U.S. Supreme Court

Q: The Supreme Court has not prohibited execution of: a. juveniles b. the mentally ill c. the handicapped d. the mentally retarded

Q: The definition of cruel and unusual punishment is: a. established by state referendum. b. dependent on society. c. defined in the Eighth Amendment. d. specifically stated by the Supreme Court.

Q: Which of the following statements best describes the Court's decision in Sweatt v. Painter?A. The Court ruled in favor of the University of Texas Law School based on the "separate but equal" doctrine established in Plessy.B. The Court ruled Sweatt should be admitted to the Texas Law School because the law school for black students was not equal to the law school for white students.C. The Court overturned Plessy, arguing that it did not matter if the two facilities were equal or not because segregation implied inferiority.D. The Court ruled in favor of the Texas Law School, arguing its decision not to admit Sweatt passed the "strict scrutiny" test.

Q: Which Supreme Court justice argued that the "Constitution is color-blind," in his dissent in Plessy v. Ferguson?A. Henry BrownB. Edward WhiteC. John Marshall HarlanD. Roger Taney

Q: The ______________helped indigent defendants through release on recognizance (ROR).. a. American Civil Liberties Union b. Judiciary Act of 1789. c. Bail Reform Act of 1966. d. Bail Reform Act of 1984.

Q: Randall Martinez, a Hispanic man, was convicted in a Texas court for the murder of a security guard during a bank robbery. Texas allows for the death penalty to be given when certain aggravating circumstances accompany a murder. A defendant may be sentenced to death if any two of the following three factors are present. The jury must consider (1) whether the murder was committed in the course of a robbery,; (2) whether the murder was shamelessly gross and disgusting and (3) whether the murder victim was a minor.Prior to Martinez's sentencing, the judge, William "Wild Bill" Houston, instructed the jurors that all murders are inherently gross and disgusting and that they must include that as one of the aggravating circumstances of this crime. He also said that Hispanics are genetically prone to violent and anti-social behavior and are not fit for society. The jury returned with a death sentence for Martinez, having found that the murder was gross and disgusting, and that it was committed in the course of a robbery.The intermediate court of appeals and the Texas Supreme Court upheld Martinez's conviction and the death sentence. In his appeal to the U.S. Supreme Court, Martinez relied on the findings of a study conducted by researchers at Texas A&M University. The study showed that, in Texas murder trials, Hispanic defendants were 40 percent more likely than African American defendants, and 75 percent more likely than white defendants to get the death penalty. defendants. In murder cases tried before Judge Houston, 90 percent of Hispanic received the death penalty, but only 40 percent of African American defendants and 25 percent of white defendants were sentenced to death.Based on this information, if you were a Supreme Court justice, would you overturn Martinez's sentence? How has the Supreme Court interpreted the Eighth Amendment's protection against cruel and unusual punishment in regard to the death penalty? What is the primary limitation the Court has recognized on the application of the death penalty, and does it apply to the Martinez case? Explain your reasoning and justify your opinion with reference to cases involving the Eighth Amendment's protection against cruel and unusual punishment.

Q: In United States v. Salerno, the Supreme Court stated that __________under the Bail Reform Act of 1984 did not violate due process or the Eighth Amendment. a. pretrial release b. mandatory detention for murderers c. requiring house arrest for child molesters d. preventive detention

Q: Bail set at a figure higher than an amount "reasonably ______________" is excessive under the Eighth Amendment.a. calculated to fulfill its purposeb. affordable for the defendant to producec. necessary to sanction the defendantd. designed to make pretrial release possible

Q: The right to be represented at a criminal trial by a competent attorney is widely viewed as fundamental in a modern democracy. However, the Supreme Court has recognized this right only relatively recently, making it binding on the states. How has the right to counsel evolved over time? Discuss the Supreme Court cases that have extended the right to counsel to indigents. At what stages are the criminally accused entitled to counsel? Do you agree with the Court's reasoning regarding the stages at which counsel should be provided? In your opinion, is the right to counsel essential to a fair trial? Should the right to counsel be extended beyond criminal trials to include civil trials as well? Does the right to represent oneself outweigh the need for counsel? Should counsel be provided to individuals over their expressed wishes to represent themselves?

Q: The practice established for individuals deemed a threat to society or likely to flee is: a. Involuntary commitment b. The Bail Reform Act of 1966 c. Preventive detention d. Protective custody

Q: Though in the past some states have approved of executing offenders as young as 15, the Supreme Court has held that no one who was under ________when they committed a capital offense shall be sentenced to death. a. 16 b. 17 c. 18 d. 19

Q: Voir dire is a critical component of a criminal trial. It is at this stage that prosecutors and defense attorneys may exclude potential jurors for cause or through the use of peremptory challenges. Explain the differences between these two methods of removal and how attorneys use them. Are there limitations on the use of peremptory challenges by either the prosecution or the defense? If so, what are they? Has the Court provided working rules to help defendants prove that peremptory challenges have been used in a discriminatory manner? If so, what are those rules?

Q: What are the three main provisions of the double jeopardy clause? How has the Court interpreted "the "same offense"?

Q: The general rule under the Eighth Amendment is that punishments must be: a. consistent with international standards. b. approved by a unanimous jury. c. proportional or directly related to the case. d. in adherence with the biblical standard of "an eye for an eye."

Q: Why did the Court rule that sex offender registries do not violate the due process clause?

Q: The prohibition against excessive fines: a. has been incorporated to apply to the states. b. does not apply in civil cases. c. limits punitive damages in civil cases d. does not apply in criminal cases.

Q: Why did the Court rule that the defendant's sentence in Solem v. Helm violated the cruel and unusual punishment clause of the Eighth Amendment?

Q: Which has not been held to be cruel and unusual punishment? a. Execution of anyone under 18 when they committed a capital offense. b. Execution of the mentally ill or mentally retarded. c. Execution method presenting substantial risk of serious harm. d. Execution by firing squad.

Q: The Eighth Amendment's prohibition against excessive fines: a. applies to states because of the Fourteenth Amendment. b. applies to states because it is an important part of our system of justice. c. does not apply to any states. d. does not apply to all states, but does apply to some.

Q: Why did the Supreme Court strike down Georgia's death penalty in Furman v. Georgia but uphold it in Gregg v. Georgia only three years later?

Q: According to the "loss of liberty rule" established in Argersinger v. Hamlin, what indigent defendants are eligible for counsel at the government's expense?

Q: Which is not a purpose of bail? a. Maintain the presumption of innocence. b. Guarantee the appearance of the accused in court. c. Sanction the offender. d. Allow the accused to organize their defense.

Q: Bail may not be denied in: a. capital cases. b. cases involving the death penalty. c. when the accused has threatened trial witnesses. d. all homicide cases.

Q: In what way did the Court's ruling in Gideon v. Wainwright extend the right to counsel?

Q: Bail is forfeited when: a. the defendant is found guilty. b. the defendant is acquitted. c. the defendant doesn"t appear in court. d. the defendant has to be apprehended by a bail agent.

Q: Which one of the following statements is true?A. A defendant who robs multiple victims at once can be tried in separate trials for robbing each victim until a guilty verdict is reached.B. Separate governments (including separate states) can prosecute an individual for the same incident if it occurred in multiple jurisdictions.C. The government can appeal a verdict of not guilty.D. None of the above.

Q: Which amendment contains the double jeopardy clause?A. Fourth AmendmentB. Fifth AmendmentC. Sixth AmendmentD. Eighth Amendment

Q: The Supreme Court" "proportionality analysis" of sentences includes all of the following, except: a. the gravity of the offense and the harshness of the penalty. b. the sentences imposed on other criminals in the same jurisdiction. c. the sentences imposed for the commission of the same crime in other jurisdictions. d. an analysis of punishments for the same offense from an historical perspective.

Q: Which two justices argued that the death penalty is unconstitutional in all circumstances in their decisions in Furman v. Georgia and Gregg v. Georgia?A. Douglas and StewartB. Marshall and StewartC. Brennan and MarshallD. Marshall and Douglas

Q: Courts have used all of the following in assessing what constitutes cruel and unusual punishment, except whether the punishment: a. "shocks the general conscience" of a civilized society. b. is specifically prohibited in the Eighth Amendment. c. is unnecessarily cruel. d. goes beyond legitimate penal aims.

Q: The Bail Reform Act of 1984 established the practice of: a. preventive detention for people deemed a threat or likely to flee. b. assigning lawyers with the responsibility of seeing to it that their clients appear when directed. c. permitting a property bond in lieu of cash. d. third-party custody.

Q: Which one of the following statements is not true?A. The Supreme Court has ruled that less-than-unanimous verdicts violate the Sixth Amendment.B. The Supreme Court has ruled that juries can be smaller than twelve people.C. The Supreme Court has ruled that it violates the Constitution to intentionally eliminate prospective jurors based solely on race.D. The Supreme Court has ruled that it violates the Constitution to intentionally eliminate prospective jurors based solely on gender.

Q: Under asset forfeiture, the most frequently seized assets are: a. firearms b. real estate c. vehicles d. electronics

Q: In Wilson v. Seiter, the Supreme Court ruled that prisoners must not only prove prison conditions are objectively cruel and unusual but also show that they exist because of officials':a. culpable negligenceb. deliberate indifferencec. criminal negligenced. willful disregard of the conditions.