Question 1

An advocate of the crime control model would support increased funding for police and prosecutors and to build more prisons.

Accepted Answer

The crime control model focuses on increasing law enforcement and punishment as a way to control crime. Therefore, an advocate of this model would support increased funding for police and prosecutors, and building more prisons to incarcerate offenders.

Question 2

The primary significance of the Marbury v. Madison decision is that it _____.

Accepted Answer

The Marbury v. Madison decision established the principle of judicial review, which declared that it is the duty of the judiciary to expound and interpret the law. This decision gave the judiciary branch the power to strike down laws passed by Congress that were deemed unconstitutional, thereby asserting its independence from the other branches of government. The decision did not create the judicial branch, establish the power of the Chief Justice position, or apply the provisions of the Bill of Rights to state proceedings.

Question 3

Cruel and unusual punishment is forbidden by the _____ Amendment.

Accepted Answer

The Eighth Amendment of the United States Constitution forbids the government from inflicting "cruel and unusual" punishments on Americans convicted of crimes.

Question 4

The _____ Amendment emphasizes that the Constitution did not intend, by expressly guaranteeing certain rights of the people, to grant the government unlimited power to invade other rights of the people.

Accepted Answer

The Ninth Amendment to the United States Constitution emphasizes that the enumeration of certain rights in the Constitution should not be interpreted as a limitation on other fundamental, inherent rights retained by the people. It recognizes that just because a right is not explicitly listed, it does not mean that the government has the power to infringe upon it. Therefore, it reinforces the idea that the Constitution was not intended to grant the government unlimited power over the rights of the people.

Question 5

Substantive criminal law establishes legal prescriptions and proscriptions, whereas procedural criminal law sets forth the mechanisms through which substantive criminal laws are implemented.

Accepted Answer

This statement is correct. Substantive criminal law defines what types of behavior are considered criminal and specifies the punishment for these actions. Procedural criminal law outlines the procedures and rules that must be followed during the criminal justice process, such as arrest, trial, and sentencing.

Question 6

The Sixth Amendment provides a right to be represented by counsel only in criminal prosecutions that may result in imprisonment.

Accepted Answer

The answer of The Sixth Amendment provides a right to...

Question 7

Article III of the Constitution establishes the structure and power of the federal court system.

Accepted Answer

Article III of the Constitution does establish the structure and power of the federal court system.

Question 8

The main purpose of the original Constitution was to establish individual liberties and freedoms.

Accepted Answer

The main purpose of the original Constitution was to establish a framework for government and to define its powers and limitations. While individual liberties and freedoms were important, they were not the main focus of the Constitution. The Bill of Rights, which includes many individual rights and freedoms, was added to the Constitution later through the amendment process.

Question 9

The concepts of due process and equal protection are the same.

Accepted Answer

Due process and equal protection are related concepts, but they are not the same. Due process refers to the fair and just treatment an individual is entitled to during legal proceedings, while equal protection refers to the constitutional guarantee that all individuals are treated equally under the law.

Question 10

Following the Harmelin v. Michigan (1991) decision, the Eighth Amendment proportionality clause was _____.

Accepted Answer

Following the Harmelin v. Michigan (1991) decision, the Eighth Amendment proportionality clause was found to prevent only grossly disproportionate sentences. The Supreme Court held that a mandatory sentence of life imprisonment without the possibility of parole for possession of over 650 grams of cocaine did not violate the Eighth Amendment's proportionality requirement, even when the defendant had no prior criminal record. The Court stated that only extreme sentences that are grossly disproportionate to the crime committed are deemed unconstitutional under the Eighth Amendment's proportionality clause.

Question 11

Although there is inherent tension between the crime control and due process models, _____.

Accepted Answer

The tension between crime control and due process models has resulted in a shifting emphasis on either model over time. There have been periods where criminal justice has focused more on crime control, such as during the 1960s, but there have also been periods where there has been a greater emphasis on due process. Ultimately, the relative emphasis on these models is subject to change depending on various social, political, and economic factors.

Question 12

All ex post facto laws are retroactive.

Accepted Answer

Ex post facto laws are laws that retroactively criminalize behavior that was not illegal when it occurred. Therefore, by definition, they are retroactive.

Question 13

In some situations, a second trial for the same offense is permitted.

Accepted Answer

A second trial for the same offense is permitted in some situations, such as when the first trial ended in a mistrial, or new evidence has been discovered. However, double jeopardy laws prevent a second trial for the same offense if the defendant was acquitted in the first trial.

Question 14

The absence of _____ was a substantial impediment to the ratification of the Constitution.

Accepted Answer

The absence of a Bill of Rights, which outlines specific rights and protections for individuals, was a major concern of many anti-federalists and was seen as a potential threat to individual liberties. The eventual inclusion of the Bill of Rights in the Constitution helped secure its ratification.

Question 15

The right to be free from excessive bail is guaranteed by the _____ Amendment.

Accepted Answer

The Eighth Amendment to the United States Constitution guarantees the right to be free from excessive bail, along with the right to be free from excessive fines and cruel and unusual punishment. The Sixth Amendment guarantees the right to a speedy trial and the Seventh Amendment guarantees the right to a trial by jury in civil cases. The Tenth Amendment reserves powers not delegated to the federal government to the states or to the people.

Question 16

The judicial branch of law expounds and interprets the law.

Accepted Answer

The primary function of the judicial branch is to interpret and apply the law to specific cases. This includes resolving disputes, determining guilt or innocence in criminal trials, and issuing rulings on the constitutionality of laws and regulations.

Question 17

The Constitution, as originally proposed to the States in 1787, contained the Bill of Rights.

Accepted Answer

The Constitution, as originally proposed to the States in 1787, did not contain the Bill of Rights. The Bill of Rights was added later, in 1791, as the first ten amendments to the Constitution.

Question 18

The _____, issued by the Continental Congress in 1776, contains an explicit statement that individuals have rights that cannot be taken away and that these rights are "self-evident"?

Accepted Answer

The statement about rights being "self-evident" and unalienable is a key feature of the Declaration of Independence, which was issued by the Continental Congress in 1776. The Magna Carta, U.S. Constitution, and Articles of Confederation are important documents in American history, but they do not contain this specific language about individual rights.

Question 19

The most significant effect of the Bail Reform Act of 1984 is to _____.

Accepted Answer

The Bail Reform Act of 1984 allows consideration of danger to the community posed by the defendant, which is a significant change from previous bail laws that focused solely on guaranteeing appearance at judicial proceedings. This means that judges can now consider public safety when deciding whether to grant bail or not, and can detain defendants they deem too dangerous to be released.

Question 20

The _____ Amendment has been used to make many of the provisions of the Bill of Rights applicable to the states.

Accepted Answer

The Fourteenth Amendment to the U.S. Constitution has been interpreted by the Supreme Court to make many of the provisions of the Bill of Rights applicable to state governments. This is achieved through the incorporation doctrine, which holds that certain fundamental rights are guaranteed to individuals by the Fourteenth Amendment and cannot be abridged by state or local governments.

Quiz 1: Individual Rights Under the United States Constitution