Question 1

Civil penalties that attach to criminal convictions are&#10;A) Ex post facto consequences.&#10;B) Substantive consequences.&#10;C) Procedural consequences.&#10;D) Collateral consequences.

Accepted Answer

Collateral consequences are civil penalties that attach to criminal convictions, such as loss of professional licenses or voting rights, and are not part of the direct criminal sentence.

Question 2

Which of the following has created a contemporary situation in which the short- and long-term consequences of criminal convictions can no longer be ignored?&#10;A) The demise of the rehabilitative philosophy in the 1970s.&#10;B) The emergence of a tough-on-crime movement in the 1980s.&#10;C) The war on drugs.&#10;D) All of these answers are correct.

Accepted Answer

All of these factors have contributed to a situation where the consequences of criminal convictions are significant and cannot be ignored. The demise of the rehabilitative philosophy, the tough-on-crime movement, and the war on drugs have all led to harsher sentencing and increased focus on punishment over rehabilitation.

Question 3

What type of collateral consequences center on a perceived need by authorities to monitor convicted individuals and deter them from further criminal behavior?&#10;A) Unintended collateral consequences for individuals.&#10;B) Intended collateral consequences for communities.&#10;C) Unintended collateral consequences for communities.&#10;D) Intended collateral consequences for individuals.

Accepted Answer

Intended collateral consequences for individuals focus on monitoring and deterring convicted individuals from further criminal behavior, as these are deliberate actions taken by authorities to prevent recidivism.

Question 4

What is the intended consequence of collateral consequences for communities?&#10;A) Public safety.&#10;B) Public security.&#10;C) Deterring offenders.&#10;D) Public safety and security.

Accepted Answer

Collateral consequences are intended to deter offenders and protect public safety and security.

Question 5

What state has passed legislation aimed at reducing prison expansion and investing in intermediate sanctions and community-based correctional programs?&#10;A) Texas.&#10;B) Kansas.&#10;C) Michigan.&#10;D) All of these states have passed this legislation.

Accepted Answer

All of these states have passed legislation aimed at reducing prison expansion and investing in alternative sanctions and community-based correctional programs.

Question 6

In what case did the Supreme Court hold that noncitizen defendants have a right to be told of the possible collateral consequence of deportation during plea bargaining negotiations?&#10;A) Ker v. California.&#10;B) Roe v. Wade.&#10;C) Paul P. v. Vierno.&#10;D) Padilla v. Kentucky.

Accepted Answer

The Supreme Court in Padilla v. Kentucky held that noncitizen defendants must be informed of the risk of deportation as a consequence of a guilty plea, recognizing it as a critical part of the plea bargaining process.

Question 7

The Padilla case involved which of the following rights?&#10;A) The Fourth Amendment right to freedom from search and seizure.&#10;B) The Fifth Amendment right not to testify against oneself.&#10;C) The Second Amendment right to bear arms.&#10;D) The Sixth Amendment right to effective assistance of counsel.

Accepted Answer

The Padilla case, specifically Padilla v. Kentucky, involved the Sixth Amendment right to effective assistance of counsel, where the Supreme Court ruled that defense attorneys must inform non-citizen clients about the deportation risks of a guilty plea.

Question 8

What entity hosts the collateral consequences of conviction website?&#10;A) The American Law Institute.&#10;B) The Supreme Court of the United States.&#10;C) The U.S. Attorney's Office.&#10;D) The American Bar Association.

Accepted Answer

The American Bar Association hosts the collateral consequences of conviction website, providing resources and information on the legal and social impacts of criminal convictions.

Question 9

Which of the following has been seen in the past few decades?&#10;A) A dramatic decrease in Supreme Court decisions.&#10;B) A dramatic decrease in collateral consequences of conviction and incarceration.&#10;C) A dramatic increase in Supreme Court decisions.&#10;D) A dramatic increase in collateral consequences of conviction and incarceration.

Accepted Answer

There has been a dramatic increase in collateral consequences of conviction and incarceration, affecting individuals' rights and opportunities post-incarceration.

Question 10

What is the name of a writ issued from a higher court to a lower court calling up a record for review?&#10;A) En banc.&#10;B) Ex post facto.&#10;C) Inter alia.&#10;D) Certiorari.

Accepted Answer

Certiorari is a writ issued by a higher court to a lower court to review the lower court's judgment for legal errors.

Deck 11: Collateral Consequences: The Gift That Kepps on Giving: Valerie Bell Leonard Decker