Question 1

The Bail Reform Act of 1966 did very little to help indigent defendants who are unable to post bail in the usual monetary manner.

Accepted Answer

The Bail Reform Act of 1966 aimed to address the issue of indigent defendants being unable to post bail by allowing non-financial release options for those not considered a flight risk, thereby helping those who couldn't afford bail in the usual monetary manner.

Question 2

The Court has held that "The state itself may impose such corporal punishment as is necessary for the proper education of the child for the maintenance of group discipline."

Accepted Answer

This statement reflects the Supreme Court's ruling in the case Ingraham v. Wright (1977) that corporal punishment is not unconstitutional and can be used in schools under certain circumstances.

Question 3

The Supreme Court ruled that capital punishment can only be imposed by a jury, or by a judge following a jury's recommendation, in:

Accepted Answer

In Ring v. Arizona (2002), the Supreme Court ruled that capital punishment can only be imposed by a jury, or by a judge following a jury's recommendation, bringing an end to the practice of judges determining whether a defendant should be sentenced to death.

Question 4

Antabuse, a drug used in treating alcoholics by causing nausea and vomiting when alcohol is ingested, has been deemed unconstitutional under the Eighth Amendment by the Supreme Court.

Accepted Answer

There is no record of Antabuse being declared unconstitutional by the Supreme Court under the Eighth Amendment. However, there has been some debate about whether the use of Antabuse for involuntary treatment of alcoholism violates the Fourteenth Amendment's Due Process Clause.

Question 5

While murder tends to be intraracial, the death penalty is imposed more often on convicted murderers when their victims are white.

Accepted Answer

Numerous studies have shown that there is a racial bias in the application of the death penalty in the United States. A majority of those on death row are people of color, and those who kill white victims are more likely to receive the death penalty than those who kill victims of other races.

Question 6

Proponents of preventive detention argue that the accused is being punished without trial and that protecting the community is the job of the police, not the purpose of bail.

Accepted Answer

Proponents of preventive detention argue that it is necessary to protect the community from potential danger posed by the accused and that the purpose of bail is to ensure the accused's appearance at trial, not to protect the community. Critics argue that it violates the principle of innocent until proven guilty and deprives the accused of their liberty without due process.

Question 7

Excessive bail is prohibited by the Constitution.

Accepted Answer

The Eighth Amendment to the United States Constitution prohibits excessive bail.

Question 8

In 2002, in Atkins v. Virginia, the Supreme Court amended its position on capital punishment of the intellectually disabled, holding that it is cruel and unusual punishment (in violation of the Eighth Amendment).

Accepted Answer

This is true. In Atkins v. Virginia, the Supreme Court ruled that executing intellectually disabled individuals violates the Eighth Amendment's ban on cruel and unusual punishment.

Question 9

In 2000, the Supreme Court deemed the Civil Asset Forfeiture Reform Act unconstitutional, curbing federal law enforcement agencies' asset forfeiture authority.

Accepted Answer

This statement is false. The Civil Asset Forfeiture Reform Act was actually upheld by the Supreme Court in 2000.

Question 10

In multiple cases, the Supreme Court has held that California's three-strike laws do not violate the Eighth Amendment.

Accepted Answer

The Supreme Court has held that California's three-strike laws do not violate the Eighth Amendment in the cases of Ewing v. California and Lockyer v. Andrade.

Question 11

In Jackson v. Indiana (1972), the Supreme Court ruled that the government can detain dangerous defendants who may be incompetent to stand trial.

Accepted Answer

The Supreme Court did rule in Jackson v. Indiana (1972) that the government can detain dangerous defendants who may be incompetent to stand trial.

Question 12

In Wilson v. Seiter, the Supreme Court ruled that prisoners must not only prove prison conditions are objectively cruel and unusual but must also show that the conditions exist because of officials':

Accepted Answer

In Wilson v. Seiter, the Supreme Court ruled that prisoners must show that the conditions exist because of officials' deliberate indifference. This means that the officials knew of the conditions and were aware of the harm they posed, but did nothing to address or improve them. This higher standard of proof makes it more difficult for prisoners to successfully challenge their living conditions in court.

Question 13

The use of asset forfeiture by law enforcement has become a means by which a great deal of funding is acquired for prevention programs and equipment.

Accepted Answer

This statement is true. Law enforcement agencies can seize assets, such as cash or property, that are believed to be involved in illegal activity. These assets can then be sold or used to fund prevention programs and purchase equipment. However, there is some debate over the fairness and effectiveness of asset forfeiture, as sometimes innocent individuals may have their assets seized without being charged with a crime.

Question 14

The ancient Greeks, in a much more humane fashion, administered poison from the hemlock tree to execute criminals.

Accepted Answer

This statement is true. The ancient Greeks did use hemlock poison as a method of execution for criminals, and it was considered a more humane alternative to other forms of punishment such as crucifixion or stoning. Socrates, the famous philosopher, was executed by drinking hemlock poison in 399 BCE.

Question 15

Until the middle of the nineteenth century, the death penalty was the automatic sentence for a convicted murderer.

Accepted Answer

Until the 19th century, the death penalty was the usual punishment for murder.

Question 16

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:

Accepted Answer

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 Furman v. Georgia.

Question 17

The FBI administers the Department of Justice's Asset Forfeiture Program by managing and disposing of the properties seized and forfeited by federal law enforcement agencies and U.S. attorneys nationwide.

Accepted Answer

The Department of Justice's Asset Forfeiture Program is administered by the Asset Forfeiture Management Staff, not the FBI. The FBI is one of the agencies that participates in the program.

Question 18

According to the text, what specifically have Arizona, Georgia, and North Carolina eliminated as a potential risk in their prison systems?

Accepted Answer

Arizona, Georgia, and North Carolina have specifically eliminated weight lifting as a potential risk in their prison systems.

Question 19

Which has not been held to be cruel and unusual punishment?

Accepted Answer

Execution by firing squad has been held to not be cruel and unusual punishment. However, options A, B, and C have all been found to violate the Eighth Amendment's prohibition on cruel and unusual punishment by the U.S. Supreme Court.

Question 20

As a general rule, the Supreme Court has upheld the death penalty for murder, but not for other crimes.

Accepted Answer

The Supreme Court has upheld the death penalty for murder, but has ruled it unconstitutional for certain other crimes, such as rape and other non-homicidal offenses.

Quiz 12: The Eighth Amendment: Bail, Fines, and Punishment