Question 1

The Supreme Court has limited the amount and type of punishment that may be inflicted as well as limiting the legislature's ability to make certain conduct criminal.

Accepted Answer

The Supreme Court has indeed limited the types and amounts of punishment that can be inflicted, citing the Eighth Amendment's prohibition against cruel and unusual punishment. Additionally, it has set precedents that limit the legislature's power to define actions as criminal, ensuring that laws do not violate constitutional rights.

Question 2

The Supreme Court has upheld the right of a state to charge an addict with the crime of being addicted to drugs.

Accepted Answer

The Supreme Court ruled in Robinson v. California (1962) that it is unconstitutional to criminalize a person's status of being addicted to drugs, as it violates the Eighth Amendment's prohibition on cruel and unusual punishment.

Question 3

Jurisdiction over the subject matter refers to the power of the court to decide matters pertaining to the defendant.

Accepted Answer

Jurisdiction over the subject matter refers to the court's authority to hear and decide cases of a general category or specific type, not specifically about matters pertaining to the defendant.

Question 4

Under the principles set forth in Stanley v. Georgia, while it may not be a crime to possess obscene matters in your own home, the state can make it a crime to possess such material with the intent to sell it to the general public.

Accepted Answer

Stanley v. Georgia (1969) established that the private possession of obscene materials in one's home is protected under the First Amendment, but it does not protect the sale, distribution, or public exhibition of obscene materials, allowing states to regulate or criminalize these actions.

Question 5

One of the aspects of the principles of legality is to allow the government to punish a person for conduct that was lawful when it was performed but is now criminal.

Accepted Answer

The principle of legality mandates that conduct cannot be treated as criminal if it was not clearly defined as such at the time it was performed. This ensures that laws are not applied retroactively to punish individuals for actions that were legal when carried out.

Question 6

The Bill of Rights protects the people from their government.

Accepted Answer

The Bill of Rights, consisting of the first ten amendments to the United States Constitution, was created to protect the rights of the citizens by limiting the powers of the federal government.

Question 7

The Due Process Clause of the Fourteenth Amendment protects citizens from actions by state governments.

Accepted Answer

The Due Process Clause of the Fourteenth Amendment to the U.S. Constitution prohibits state governments from depriving any person of life, liberty, or property without due process of law, thus protecting citizens from arbitrary actions by state governments.

Question 8

Jurisdiction addresses the issue of power over the defendant and the crime.

Accepted Answer

Jurisdiction refers to the authority given to a court to hear and decide cases. This authority encompasses the power over the defendant (personal jurisdiction) and the power over the subject matter of the dispute, including the crime (subject matter jurisdiction).

Question 9

Venue addresses the issue of the defendant's trial by jury.

Accepted Answer

Venue refers to the geographic location where a trial should be held, not the issue of whether a trial by jury occurs.

Question 10

The majority of criminal laws in the United States are federal criminal laws.

Accepted Answer

The majority of criminal laws in the United States are state laws, as each state has its own criminal code to address crimes within its jurisdiction. Federal criminal laws apply to offenses against the United States or those that cross state lines.

Question 11

A social harm is a necessary element for a criminal act.

Accepted Answer

A criminal act, defined by law, does not always require the presence of social harm; it primarily requires a violation of a legal statute, which may or may not involve direct harm to society.

Question 12

An ex post facto law is a special law that declares a specific person to be guilty of a specific crime, without a trial.

Accepted Answer

An ex post facto law is one that retroactively changes the legal consequences (or status) of actions that were committed, or relationships that existed, before the enactment of the law. It does not declare a specific person guilty without a trial.

Question 13

Equal protection of the law means all persons must be treated exactly the same.

Accepted Answer

Equal protection of the law means that individuals in similar conditions and circumstances should be treated equally by the law, but it does not require that all persons be treated exactly the same, as different circumstances may justify different treatment.

Question 14

Double jeopardy prevents a person from being convicted after being acquitted.

Accepted Answer

Double jeopardy is a legal principle that prohibits an individual from being tried again on the same, or similar, charges following a legitimate acquittal or conviction.

Question 15

The right to privacy is an essential element of the Constitution.

Accepted Answer

The answer of The right to privacy is an essential...

Question 16

The right to privacy applies to all citizens, including "public figures."

Accepted Answer

The answer of The right to privacy applies to all...

Question 17

The Constitutional right to privacy allows for criminal conduct inside a person's residence.

Accepted Answer

The Constitutional right to privacy protects individuals against certain intrusions by the government, but it does not allow for criminal conduct inside a person's residence. Illegal activities are not protected under the guise of privacy rights.

Question 18

A criminal act must be considered as immoral and harmful conduct.

Accepted Answer

A criminal act is defined by law and does not necessarily have to be considered immoral by all; it is the violation of statutory laws enacted by a government.

Question 19

Unless the legislature makes a certain conduct a crime, none has been committed.

Accepted Answer

In most legal systems, an act cannot be considered a crime unless it has been previously defined as such by law or statute, reflecting the principle of legality in criminal law.

Question 20

A statute which treats males and females differently is always a violation of the equal protection clause.

Accepted Answer

The Equal Protection Clause does not automatically invalidate statutes that treat males and females differently. Such statutes can be upheld if they meet the intermediate scrutiny standard, which requires them to be substantially related to an important governmental objective.

Quiz 2: Criminal Liability