Q&A Hero

Criminal Law

Q: The federal Juvenile Justice and Delinquency Prevention Act of 1974 requires states accepting federal funds for their juvenile justice systems to agree to separate juvenile prisoners from adult prisoners by "sight and sound" and to ________. a. grant juveniles the right to trial by jury b. establish teen courts c. deinstitutionalize status offenders d. abandon the doctrine of parens patriae
Q: Indeterminate sentencing is also sometimes called presumptive sentencing.
Q: The sole condition for an emergency warrantless search is a probable cause to believe that there is an emergency threat of destruction of evidence.
Q: Discuss the progression and impact of amendments relating to voting.
Q: Discuss the concept of federalism and how it is embodied in the Tenth Amendment
Q: Reserving for the states those powers not granted to the federal government or withheld from the states is ________.
Q: Olmstead v. United States stated that the most comprehensive and most valued right by civilized men was the right ________.
Q: Powers retained by the states are known as ________ powers.
Q: Powers of the federal government are known as ________ powers.
Q: Rights not specifically listed in the Bill of Rights are known as ________ rights.
Q: The ________ Amendment has never been subjected to Supreme Court review.
Q: The ________ Amendment established the right to a federal jury trial for all "suits at common law" if the value was over $20.
Q: The ________ Amendment prohibited housing soldiers in private homes during peacetime.
Q: The ________ Amendment is sometimes referred to as the forgotten amendment because it is seldom used as a basis for Supreme Court decisions.
Q: The ________ Amendment embodies the principle of federalism.
Q: Selective incorporation has been used to incorporate the entire Bill of Rights to the states through the Fourteenth Amendment.
Q: The Supreme Court supported a woman's right to abortion in Roe v. Wade.
Q: The Ninth Amendment specifically guarantees the right to privacy.
Q: Rights not specifically listed in the Bill of Rights are known as delegated rights.
Q: The right to a federal jury trial is determined mainly by historical analysis of common law.
Q: The Ninth Amendment establishes that the rights of U.S. citizens extend beyond those listed in the Constitution.
Q: Suits at common law are legal controversies arising out of criminal law rather than civil law.
Q: One of the primary reserve powers kept by the states is police power.
Q: The Tenth Amendment embodies the principle of federalism.
Q: Olmstead v. United States stated that "the most comprehensive of rights and the right most valued by civilized men" is the right to pursue happiness.
Q: Under federalism: a. the federal government has the most power. b. state governments have more power than the federal government. c. power is shared by the national government and the states. d. the Constitution is declared the supreme law of the land.
Q: Congress has not considered an Amendment regarding: a. establishing victims' rights. b. prohibiting burning the American flag. c. banning gay marriage. d. equal rights for same-sex couples.
Q: Whether there is a right to a federal jury trial is based largely on: a. previous cases heard and common law analysis. b. the geographical jurisdiction of the offense. c. whether or not the issue is of local or national importance. d. whether or not federal civil remedies are sought.
Q: In Colgrove v. Battin, the Supreme Court upheld juries comprised of _____ members in federal civil trials. a. 6 b. 8 c. 10 d. 12
Q: The Supreme Court held there is no right to a federal jury trial when Congress had created other administrative remedies in: a. Thomas v. Union Carbide b. Curtis v. Loether c. Colgrove v. Battin d. Griswold v. Connecticut
Q: The first state to pass a victims' rights constitutional amendment was: a. Texas. b. Florida. c. Massachusetts. d. California.
Q: Griswold v. Connecticut is considered the first case in which the Supreme Court addressed the Ninth Amendment, and dealt with the legality of : a. pornography b. abortion c. interracial marriage d. contraception
Q: Women were given the right to vote by the: a. Fifteenth Amendment b. Seventeenth Amendment c. Nineteenth Amendment d. Twentieth Amendment
Q: The Supreme Court held that Congress had the authority to establish a national bank in: a. United States v. Darby b. Bowers v. Hardwick c. Olmstead v. United States d. McCulloch v. Maryland
Q: The ____________ Amendment gave the vote to black males. a. Fifteenth b. Nineteenth c. Twenty-First d. Twenty-Third
Q: The ____________ Amendment lowered the voting age to 18. a. Twenty-Sixth (1971) b. Nineteenth (1920) c. Twenty-Seventh (1992) d. Twenty-Second (1951)
Q: The federal income tax was established in the: a. Fifteenth Amendment b. Sixteenth Amendment c. Seventeenth Amendment d. Eighteenth Amendment
Q: The United States Supreme Court struck down the portion of the Brady Bill which compelled local law enforcement to perform background checks on handgun applicants, holding the requirement violated: a. the right to privacy. b. separate state sovereignty c. the commerce clause. d. the Fourth Amendment.
Q: The Supreme Court failed to uphold the right to sexual privacy in: a. United States v. Darby b. Bowers v. Hardwick c. Colgrove v. Batten d. McCulloch v. Maryland
Q: In ____________, the Supreme Court upheld the Fair Labor Standards Act of 1938. a. United States v. Darby b. Bowers v. Hardwick c. Olmstead v. United States d. McCulloch v. Maryland
Q: The ____________ was designed in response to fear of a national government with too much power which was, at the time, considered to be the greatest threat to liberty. a. Eleventh Amendment b. Fourteenth Amendment c. Tenth Amendment d. Twelfth Amendment
Q: The Fourteenth Amendment: a. guarantees equal protection of the laws. b. abolished slavery. c. allows free travel throughout the nation. d. granted the right to vote to freed male slaves.
Q: The Thirteenth Amendment: a. overturned the Dred Scott decision and prohibits slavery. b. outlines the structure of the federal judiciary. c. established how representatives are apportioned and what their qualifications are.. d. prohibited the sale and purchase of intoxicating liquors.
Q: The _______ Amendment has never been subjected to Supreme Court review. a. Third b. Seventh c. Ninth d. Tenth
Q: Selective incorporation is: a. incapable of precise constitutional definition. b. the concept used to apply certain amendments to state government. c. outlined in the Fourteenth Amendment. d. the means by which the Constitution applies to the states.
Q: The powers of the national government, both enumerated and implied, are known as the: a. delegated powers b. reserve powers c. primary powers d. federalist powers
Q: Which of the following is not an "unenumerated" right? a. privacy b. interstate and international travel c. freedom of association d. freedom of assembly
Q: The powers kept by the states under the Tenth Amendment are known as: a. delegated powers b. reserve powers c. primary powers d. secondary powers
Q: In Griswold v. Connecticut, Justice Douglas stated that the various Bill of Rights guarantees--such as those contained in the Third, Fourth, and Fifth Amendments--created areas of life safe from government intrusion known as: a. emanating liberties b. specific rights c. zones of privacy d. havens of liberty
Q: The concept of balanced government being so important to the states, the only amendment agreed upon by all the states recommending a Bill of Rights was the: a. Third Amendment b. Seventh Amendment c. Ninth Amendment d. Tenth Amendment
Q: The ____________ Amendment has been used by the Supreme Court to infer the right to privacy. a. Third b. Seventh c. Ninth d. Tenth
Q: Rights not specifically listed in the Bill of Rights: a. are considered not to exist. b. are called unenumerated rights. c. cannot be the basis of a Supreme Court appeal.. d. can only be asserted when no other rights are similar.
Q: The Ninth Amendment deals with the concept(s) of: a. due process. b. suits at common law. c. enumeration of certain rights. d. federalism.
Q: The Constitution gives Congress the power to make laws to carry out its enumerated powers through the: a. supremacy clause b. federal powers doctrine c. necessary and proper clause d. due diligence doctrine
Q: The Third Amendment: a. addresses suits at common law. b. deals with lawsuits exceeding $20. c. prohibits the quartering of soldiers in homes during times of peace. d. has been challenged numerous times throughout the history of America.
Q: Discuss the significance of the Seventh Amendment.
Q: Explain the significance of the Ninth Amendment relative to federal power.
Q: Discuss Prohibition, including its origin and demise and what occurred in between. Relate this to the Harrison Act making certain drugs illegal to sell or possess.
Q: Explain the purpose of bail, who is eligible for it, and the criteria considered when calculating the appropriate amount of bail.
Q: Explain asset forfeiture. Why is it considered in a discussion of the Eighth Amendment?
Q: Describe the rights protected by the Eighth Amendment and which, if any, have been incorporated to apply to the states.
Q: Discuss capital punishment in the United Statesits history, how the Supreme Court has viewed it, and how and on whom it may be carried out.
Q: Discuss the Eighth Amendment rights often claimed by prisoners, citing examples.
Q: According to the Eighth Amendment, bail shall not be ___________.
Q: The percentage of _______ who have been executed far exceeds their proportion of the general population.
Q: A ____________ trial is required for death penalty cases.
Q: According to the Eighth Amendment, punishment shall not be ______________.
Q: A capital case in which the death penalty might be involved requires two proceedings, one to determine guilt, and one to determine ______________.
Q: The Supreme Court has held that forfeiture is not double jeopardy because it is a ____________ action.
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: 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: The Supreme Court has upheld the execution of mentally retarded offenders.
Q: The Supreme Court has held that California's "three-strikes" law did not violate the Eighth Amendment.
Q: Asset forfeiture may constitute double jeopardy.
Q: The Eighth Amendment guarantees the right to bail.
Q: A person who becomes mentally ill while in prison cannot be executed.
Q: The government may detain dangerous defendants who become incompetent to stand trial.
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.
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