Q&A Hero

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: Which of the following has not been enacted to outlaw discrimination? a. the Civil Rights Act. b. the Equal Rights Amendment. c. the Voting Rights Act. d. the Equal Pay Act.

Q: The fundamental provisions of the Bill of Rights have been applied to the states through the process of: a. stare decisis b. judicial activism c. summary judgment d. selective incorporation

Q: The Supreme Court has upheld the execution of mentally retarded offenders.

Q: "Due process of law" means: a. all state citizens have the right to a grand jury indictment. b. fairness of government actions. c. states must treat all citizens equally. d. federal law cannot usurp state rights.

Q: The case of Dred Scott v. Sandford held that: a. blacks had equal rights with whites. b. the concept of "separate but equal" was unconstitutional. c. freed slaves did not have the right to remain free in territory where slavery was still legal. d. states could determine whether ex-slaves could be citizens.

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: After the Plessy decision, the concept of "separate but equal" became entrenched in the Southern states through the enactment of: a. the Civil Rights Act of 1964. b. school desegregation. c. Jim Crow laws. d. the Fourteenth Amendment.

Q: The Eighth Amendment guarantees the right to bail.

Q: Among other things, the Fourteenth Amendment: a. permitted blacks to be citizens of the United States. b. permitted states to determine the citizenship status of blacks. c. abolished slavery in the territories. d. overturned the Emancipation Proclamation.

Q: The Thirteenth Amendment: a. deals with the right to due process of law. b. abolished slavery. c. established prohibition. d. guarantees equal protection.

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: Enumerated rights are typically examined by the Supreme Court using a. intermediate scrutiny.b. rational basis.c. deliberative response. d. strict scrutiny.

Q: Is there such a thing as reverse discrimination? If so, is it really necessary?

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.

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

Q: If the death penalty is twice as likely to be imposed on an African-American defendant convicted of the same crime as a Caucasian-American, do you think this is grounds to examine the sentences for discrimination? What, if anything, can be done about such results?

Q: Assume a judge, legislator, or police officer is not prejudiced against minority groups, but they disproportionately punish minority groups through their rulings, laws, or enforcement policies. Should this unintended impact allow us to label the behavior discriminatory? Why or why not?

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

Q: Should a person's race, religion, or ethnicity ever be used as a basis for law enforcement action? Why or why not?

Q: Assume that police suspect Anne Smith of murder and they had DNA evidence at the crime scene that likely belongs to the killer. Law enforcement does not have adequate probable cause to obtain a search warrant to acquire Ms. Smith to produce a DNA sample, but they do know that her brother does not like his sister and would gladly provide a familial DNA sample if asked. DNA samples of people who are related are likely to contain similarities. If the police obtain a DNA sample from her brother even though they have insufficient evidence to implicate Ms. Smith, explain why this procedure might concern civil rights advocates.

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: The ultimate importance of this case is that the Supreme Court will recognize unenumerated rights within the Due Process Clause. a. Dred Scottb. Griswoldc. Plessy v. Fergusond. Washington v. Glucksberg

Q: The Supreme Court has found areas into which the government may not intrude known as a. zones of privacy.b. unenumerated rights.c. due process controlled areas. d. none of the above.

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: The Griswold case revived interest in which type of rights?a. fundamentalb. unenumerated c. substantived. enumerated

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: When a court is determining the amount of procedural due process owed an individual, it will look at:a. the significance of the affected interest.b. whether additional safeguards would reduce the risk of error. c. the public interest in resolving the matter efficiently.d. all of the above

Q: When procedural due process is applied to property interests, a person must be given notice of the deprivation but not a reasonable opportunity to be heard. a. True b. False

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: Due process procedural safeguards can be found in both the Fifth and 14th Amendments. a. Trueb. False

Q: In Adamson v. California, Justice Black wrote that the 14th Amendment required total incorporation of the Bill of Rights. a. True b. False

Q: The Supreme Court has developed a series of fundamental rights not specifically enumerated in the Bill of Rights using the incorporation doctrine.a. Trueb. False

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: How law is carried out to ensure guaranteed rights of fairness is known as the incorporation doctrine. a. Trueb. False

Q: Under the Constitution, laws themselves must be fair to be consistent with _________________.

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: Similarly situated people are treated in similar ways under the law under ________________.

Q: The government is prohibited from unfairly or arbitrarily denying a citizen fundamental or constitutionally protected rights under _____________.

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: In 1863, President Lincoln declared free all the slaves in the rebelling states in the ____________________.

Q: Though slavery was abolished in 1862, racial turbulence persisted and Congress passed the _________ which gave Blacks citizenship.

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: Discuss the difference between prejudice and discrimination and give examples of each.

Q: Explain the events leading up to the passage of the Thirteenth Amendment and how effective it was.

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: Describe what affirmative action programs are, where they are used, and discuss whether you feel they are effective. Are they appropriate? Are they fair?

Q: Explain what the Fourteenth Amendment did and its effect on all U.S. citizens.

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: Discuss what alleged racial disparities exist within our criminal justice system.

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: The contention that police single out subjects based solely on the color of their skin frequently leads to allegations of _________.

Q: The incorporation doctrine is also known as the doctrine of _________incorporation.

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 Dred Scott v. Sanford, the Supreme Court ruled that even __________could not be citizens and they had "no rights which a white man was bound to respect."

Q: __________segregated blacks from whites in schools, restaurants, and even cemeteries.

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: __________is an attitude; discrimination is a behavior.

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: After the Civil War, many southern states continued discrimination by passing ________which forbade blacks to vote, serve on juries, hold certain jobs, move freely, own firearms, or gather in groups.

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: The __________guarantees that states shall not deny any person due process nor equal protection of the laws.

Q: _________ programs are sometimes referred to as ethnic-preference or gender-preference programs.

Q: The ________is the belief that through hard work anyone can have success and ample material possessions.

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