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Criminal Law
Q:
State courts are free to forbid preventive detention of state and local prisoners.
Q:
The amount of bail must be an amount the accused can afford to pay.
Q:
The Massachusetts Body of Liberties (1641) provided a right to bail and prohibited cruel and inhumane punishment.
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 state does not allow hanging as a method of execution?
a. Washington
b. Delaware
c. Texas
d. New Hampshire
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:
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. Alabama
b. Trop v. Dulles
c. Brown v. Mississippi
d. 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:
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:
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 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:
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:
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:
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:
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 purpose
b. affordable for the defendant to produce
c. necessary to sanction the defendant
d. designed to make pretrial release possible
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:
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:
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:
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:
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:
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:
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:
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:
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 negligence
b. deliberate indifference
c. criminal negligence
d. willful disregard of the conditions.
Q:
The Supreme Court held that any amount of bail exceeding that necessary to ensure a return to trial violated the Eighth Amendment in:
a. Stack v. Boyle
b. Gregg v. Georgia
c. Solem v. Helm
d. Ingraham v. Wright
Q:
At the end of 2009, all 36 states with the death penalty authorized ___________ as a method of execution.
a. the gas chamber
b. lethal injection
c. the electric chair
d. hanging
Q:
Explain what factors are considered when a defendant waives the right to counsel.
Q:
Discuss how the Sixth Amendment interacts with the First Amendment.
Q:
List the rights guaranteed by the Sixth Amendment.
Q:
List the five factors used to determine witness reliability in pre-trial identification procedures.
Q:
Discuss the evolution of the right to be represented by an attorney during a criminal trial.
Q:
The Sixth Amendment requires an impartial and ___________ jury.
Q:
A _________ identification procedure is when only one individual is shown to the victim or witness.
Q:
A document filed against an inmate who has other criminal charges filed against him or her is called a ____________.
Q:
In Texas v. Cobb, the Supreme Court ruled that the Sixth Amendment right to counsel is ________-specific, applying only to the crime charged.
Q:
Impaired ______________ identification is a situation in which people of another race have difficulty recognizing facial attributes of other races.
Q:
The Sixth Amendment right to counsel presumes counsel is __________.
Q:
Individuals may appear in court without an attorney, representing themselves, the Latin term for which is _______.
Q:
The geographic location of a trial is known as its ____________.
Q:
The Sixth Amendment provides the accused with an attorney not only during trial but also at every _____________ of the criminal prosecution.
Q:
The first two requirements for a criminal trial are that it be speedy and ____________.
Q:
The Sixth Amendment requires that the trial occur in the district in which the crime was committed.
Q:
The right to counsel is the only Sixth Amendment guarantee which extends beyond the trial.
Q:
The right to counsel extends not only to the trial, but to all subsequent appeals.
Q:
The right to counsel attaches when a person faces custodial interrogation.
Q:
The Sixth Amendment right to counsel is violated if police intentionally create a situation likely to result in an incriminating statement when that right has not been waived.
Q:
Representing oneself does not preclude a later claim of ineffective assistance of counsel.
Q:
The United States operates its juvenile justice system under the parens patriae model where juveniles have no constitutional rights during adjudication.
Q:
In Codispoti v. Pennsylvania (1994), the Supreme Court has held that only more serious offenses require a jury trial, which means if any period of incarceration is a possibility.
Q:
Perhaps the most important "speedy trial" issue is whether the defendant was unduly harmed by the delay.
Q:
The Sixth Amendment embodies the concept of due process.
Q:
The Supreme Court applied Sixth Amendment rights to juveniles in:
a. In re Winship
b. California v. Hodari D
c. In re Gault
d. Brewer v. Williams
Q:
For prisoners, cases based on Sixth Amendment rights involve the right to a speedy trial and the problem of:
a. extradition
b. detainer
c. incarceration
d. inter-facility transfer
Q:
The Wade-Gilbert Rule requires that a lawyer be present during:
a. post-indictment lineups.
b. the arraignment.
c. the preliminary hearing.
d. pre-indictment lineups.
Q:
The Sixth Amendment right to a public trial requires a balance with the public's ________ rights.
a. First Amendment
b. reasonable access.
c. the Fifth Amendment.
d. compelling public interest
Q:
Which is not one of the three conditions set forth in Faretta v. California that must be met before a person can represent him or herself?
a. awareness of the right to counsel.
b. valid waiver
c. competency
d. legal knowledge
Q:
Which is not one of the factors a court would use in determining witness reliability in show-up identifications?
a. Opportunity to view defendant during crime.
b. Level of attention witness was paying.
c. Level of intelligence the witness demonstrates.
d. The witness' level of certainty in his or her identification.
Q:
In Douglas v. California the Court held that the right to counsel extends to:
a. the first appeal at all levels.
b. the first appeal at the state level only.
c. the first appeal at the federal level only.
d. all appeals.
Q:
A peremptory challenge seeks to remove a potential juror for:
a. lack of knowledge or intelligence.
b. bias for the defendant.
c. bias against the defendant
d. any reason whatsoever.
Q:
Potential jurors are questioned by both sides to determine impartiality in a process called:
a. peremptory challenging
b. jury nullification
c. voir dire
d. habeus juris
Q:
Which of the following is not a "critical stage" requiring the Sixth Amendment right to counsel?
a. At sentencing.
b. At the arraignment.
c. During post-indictment identifications
d. Investigation prior to suspect being charged.
Q:
The Supreme Court held that denying legal counsel for a defendant at trial in a capital case was a denial of due process in:
a. Barker v. Wingo
b. Powell v. Alabama.
c. Gideon v. Wainwright.
d. Argensinger v. Hamlin.
Q:
Gideon v. Wainwright established that indigent defendants are to be provided lawyers when faced with a(n):
a. custodial interrogation
b. deprivation of liberty
c. period of incarceration exceeding one year
d. adversary criminal proceeding
Q:
The case establishing that indigents must be provided an attorney if they have been accused of misdemeanor offenses and the penalty could include incarceration is:
a. Barker v. Wingo.
b. Powell v. Alabama.
c. Gideon v. Wainwright.
d. Argensinger v. Hamlin.
Q:
The Supreme Court has never incorporated this segment of the Sixth Amendment to apply to the states, although it does fall within the due process clause of the Fourteenth Amendment.
a. Being informed of the accusation.
b. Right to a jury trial.
c. Right to compulsory process.
d. Confrontation rights.
Q:
The Sixth Amendment guarantees a right to counsel during:
a. civil proceedings.
b. hostile contractual negotiations.
c. criminal proceedings.
d. any and all court proceedings
Q:
The test used by courts when determining whether pretrial identification procedures were constitutional is the:
a. harmless error test
b. totality of the circumstances test
c. preponderance of the evidence test
d. undue influence test
Q:
Which is not one of the reasons the Sixth Amendment requires a speedy trial:
a. uncertainty about the outcome causes undue stress.
b. some defendants remain in jail because they cannot afford or have been denied bail.
c. the government incurs additional expenses.
d. cases generally improve with more time.
Q:
The case establishing that indigent defendants accused of a felony must be provided a lawyer was:
a. Barker v. Wingo.
b. Powell v. Alabama.
c. Gideon v. Wainwright.
d. Argensinger v. Hamlin.
Q:
One Sixth Amendment guarantee is:
a. the defendant's right to confront adverse witnesses.
b. having all court proceedings on the record.
c. having an independent investigation.
d. indictment by a grand jury.
Q:
Whether a trial is sufficiently speedy is determined by the length of the delay, the reason for the delay, ________________, and the harm caused.
a. court review of the facts
b. the prosecution's waiver of the right
c. the relevance of the delay
d. the defendant's assertion of this right
Q:
Ineffective assistance of counsel claims can be based on the:
a. gravity of the offense charged.
b. accessibility of witnesses for the defense.
c. failure to take normal and routine steps before trial.
d. counsel's inexperience compared to the complexity of the case.
Q:
A waiver of one's Sixth Amendment right to counsel must be all of the following, except:
a. in writing.
b. knowing.
c. voluntary.
d. intelligent.