Question 1

Cruel and unusual punishment is prohibited by the Sixth Amendment.

Accepted Answer

Cruel and unusual punishment is prohibited by the Eighth Amendment to the United States Constitution, not the Sixth Amendment. The Sixth Amendment deals with the rights of accused persons in criminal cases.

Question 2

A punishment meets the definition for "cruel and unusual" if it involves unnecessary infliction of pain.

Accepted Answer

A punishment is considered "cruel and unusual" if it involves torture or a deliberate and unnecessary infliction of pain beyond what is required for the administration of justice.

Question 3

Because punishments are considered cruel and unusual based on the "evolving standards of decency that mark the progress of a maturing society" what is acceptable today may be unacceptable tomorrow.

Accepted Answer

The concept of "evolving standards of decency" suggests that societal norms and values change over time, which can lead to shifts in what is considered cruel and unusual punishment under the Eighth Amendment of the U.S. Constitution.

Question 4

The founding fathers never intended for us to use the death penalty as a form of punishment for criminal behavior. We believe this because there is no mention of the death penalty in the actual text of the Constitution.

Accepted Answer

The Constitution does mention punishments akin to the death penalty, most notably in the Fifth Amendment, which references capital crimes and the deprivation of life as a legal penalty, indicating that the founding fathers were aware of and made provisions for the death penalty in the legal system.

Question 5

A trial that is divided into two phases - one in which guilt or innocence is determined, and a second in which punishment is set - is called a bilateral trial.

Accepted Answer

A trial divided into two phases for determining guilt or innocence and then setting punishment is called a bifurcated trial, not a bilateral trial.

Question 6

The government can forcibly medicate a person so that person will be competent to stand trial if such treatment is medically appropriate, is unlikely to have side effects that may undermine the trial's fairness, and is necessary to further important governmental trial-related interests, taking into account any possible less intrusive measures.

Accepted Answer

The U.S. Supreme Court case Sell v. United States (2003) established that the government can forcibly medicate a defendant to ensure competency for trial under specific conditions, including medical appropriateness, minimal side effects, and necessity for important governmental interests.

Question 7

In the case Atkins v. Virginia, the Supreme Court found that contemporary standards of what is appropriate have changed, and that mentally retarded people may still be executed if found guilty of a capital crime.

Accepted Answer

In Atkins v. Virginia, the Supreme Court ruled that executing individuals with intellectual disabilities violates the Eighth Amendment's ban on cruel and unusual punishments, effectively prohibiting the death penalty for such individuals.

Question 8

Rape is not a capital offense.

Accepted Answer

Rape, while a serious crime, is not classified as a capital offense in most jurisdictions, meaning it does not typically carry the death penalty as a possible punishment.

Question 9

If conditions in prison can lead to serious illness or injury, if they are "wanton and unnecessary infliction of pain," then the conditions violate the Eighth Amendment.

Accepted Answer

The Eighth Amendment prohibits cruel and unusual punishment, and the Supreme Court has interpreted conditions that lead to serious illness or injury due to wanton and unnecessary infliction of pain as a violation of this amendment.

Question 10

The Constitution's ban on cruel and unusual punishments is based on the Magna Carta.

Accepted Answer

The Eighth Amendment to the U.S. Constitution, which prohibits cruel and unusual punishments, is based on the Due Process Clause of the Fifth Amendment, not the Magna Carta.

Question 11

Very often an offender will receive a suspended sentence for a first offense.

Accepted Answer

A suspended sentence is a common outcome for first offenses, especially for non-violent crimes or when the offender shows remorse, as it allows the offender a chance to reform without serving time in prison immediately.

Question 12

Offenders can receive enhanced sentences if enough mitigating factors are involved.

Accepted Answer

Mitigating factors typically reduce the severity of a sentence, not enhance it. Enhanced sentences are usually the result of aggravating factors.

Question 13

Espionage can be a capital offense.

Accepted Answer

Espionage, or spying, can be considered a capital offense in many countries, meaning it can be punishable by death, depending on the severity of the offense and the laws of the country in which the espionage is prosecuted.

Question 14

The 'three strikes and you're out' policy has been held to be unconstitutional.

Accepted Answer

The 'three strikes and you're out' policy, which mandates life sentences for repeat offenders after three serious or violent felonies, has been upheld by the Supreme Court and is considered constitutional, although it has faced criticism and calls for reform.

Question 15

Any error brought to light in an appeal will lead to a new trial or overturning of the underlying conviction.

Accepted Answer

Not all errors brought to light in an appeal will lead to a new trial or overturning of the underlying conviction. Some errors may be deemed harmless, meaning they did not significantly impact the trial's outcome, and thus the conviction may stand.

Question 16

All defendants are entitled to a discretionary appeal.

Accepted Answer

Not all defendants are entitled to a discretionary appeal because some appeals are of right, meaning the appellate court must hear them, while others are discretionary, depending on the court's decision to review the case.

Question 17

The Sex Offender Registry is an ex post facto law.

Accepted Answer

The Sex Offender Registry is not considered an ex post facto law because it is deemed a civil regulatory measure intended to protect public safety, not a punishment. Therefore, it does not violate the ex post facto clause of the U.S. Constitution, which prohibits laws that retroactively increase the punishment for a crime.

Question 18

Chemical castration uses the drug Depo-Provera.

Accepted Answer

Depo-Provera, a form of medroxyprogesterone acetate, is indeed used in chemical castration to reduce libido and sexual activity.

Question 19

All sexual predators are male.

Accepted Answer

Sexual predators can be of any gender. Sexual predation is not limited to males; females can also be sexual predators.

Question 20

The popular name for England's criminal laws earned due to their harshness was the _______________.

Accepted Answer

The answer of The popular name for England's criminal laws...

Quiz 14: Constitutional Rights Postconviction