Question 1

Discuss the Fourteenth Amendment and how it applies to equal protection under the law not only in federal government, but also in state and local governments.

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Question 2

____________ is a clause in the Fourteenth Amendment of the U.S. Constitution requiring that the government justify any differential treatment on the basis of race, gender, age, sexual orientation, or other characteristic with a state interest.

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Question 3

_____________ is a principle found in the Fifth Amendment to the U.S. Constitution that prevents an individual from being tried twice for the same crime.

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Question 4

In Beauharnais v. Illinois, a man was convicted under a __________ for distributing a leaflet that called for keeping African Americans out of white neighborhoods.

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Question 5

The First Amendment literally forbids the abridgement only of ______________.

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Question 6

The __________is often expressed through the Latin maxim " Nullemcrimen, nullapoena, sinelege." This translates into "There is no crime without law, no punishment without law."

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Question 7

Sally Smith is a well-known thief that specializes in stealing checks from mailboxes as well as writing bogus checks for items from retail stores. Her violations ranged from $25 to $3000 worth of merchandise fraudulently purchased with stolen checks. Sally is arrested for the tenth time for committing this type of crime. She had stolen checks from a retired couple living in the country. The couple was easy prey. Sally simply dressed as if she were out for a jog along the roadside and stopped by the retired couple's house under the pretense of needing a glass of water. The retired couple allowed Sally to come into their house while she drank her water. Sally notices a checkbook lying on the kitchen counter and shoves it inside her t-shirt when the opportunity arises. Sally thanks the couple for the water and then walks down the road to her car. She returns to the metropolitan area and buys a $150 dress from a small store in a nearby mall. Sally is caught in the process. The district attorney decides to make an example of Sally and pursues the case in conjunction with 15 other similar cases filed against Sally. The district attorney pursues life imprisonment because of Sally being a habitual criminal that preys upon the elderly. Sally is convicted and receives a life sentence with parole after 15 years. Sally appeals her case based on the fact that the crime was only a misdemeanor offense. If this case makes it to the Supreme Court, what will be the probable outcome? If the outcome affirms the original sentence, explain why? If not, why? Do you agree that habitual misdemeanor criminals should receive harsh sentences?

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Question 8

______________ is an interpretation of the U.S. Constitution that suggests a system wherein the only powers vested in the federal government are those explicitly listed in the document, with the remaining powers being left to the states.

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The answer of ______________ is an interpretation of the U.S....

Question 9

Common law offers one distinct advantage in that it offers a means of punishing inappropriate conduct that legislatures could not have anticipated or made criminal.

Accepted Answer

Common law allows judges to interpret and apply general principles and precedents to new situations, which can be especially useful in cases where an action is not specifically defined as criminal by statute. This allows for a degree of flexibility in the justice system to address new and unforeseen situations, which would not be possible if criminal law were limited only to statutes enacted by legislatures.

Question 10

Alberto attended a demonstration by Mexican-Americans in Douglas, Arizona, which was held to demonstrate against laws allowing law enforcement officers to stop any vehicle occupied by Mexican-Americans without probable cause for the purpose of verification of U.S. citizenship. During the demonstration, Alberto lowered an American flag that was flying in front of a private business. Alberto removed the flag and tossed it onto the ground. He then soaked the flag in lighter fluid and set fire to the flag. Alberto taunted anyone standing around or passing by in a motor vehicle to stop him from committing the act. What crime or crimes did Alberto commit? What charges may be filed against Alberto, if any? Would any American be within his or her rights to physically assault Alberto in attempt to stop him from removing the flag from the flagpole or from setting fire to the flag? If not, what charges could be filed against anyone who chose to comply with Alberto's taunt and engage him in a physical altercation? In your opinion, should a person be allowed to burn or desecrate the American flag or any state flag? If so, why? If not, why?

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Question 11

In many states verbal provocation is insufficient grounds for assault. Discuss fighting words and threats to peace. How have federal and state governments dealt with this situation?

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Question 12

Discuss the ex post facto law prohibition and how it applies to criminal cases in today's courts. Additionally, give examples of cases where ex post facto has been a factor.

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Question 13

Taken to the extreme, the ___________ can be used to interpret a statute in a manner that is at odds with legislative intent.

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Question 14

The advantage of the legality principle is that a criminal code provides _____________ notice to the people of what behavior is illegal.

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Question 15

____________ is a law that criminalizes conduct without the benefit of a trial.

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Question 16

The system of government in the United States is a system of dual federalism. Discuss how this system realistically applies to the U.S. court system. Additionally, compare dual federalism with confederation.

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Question 17

The U.S. Constitution divides governmental authority into three branches: ___________, __________________, and ______________.

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Question 18

The drug trade from Central and South America is causing a _________ in criminal activity in New Mexico.

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The answer of The drug trade from Central and South...

Question 19

In Blockburger v. United States, the ____________ _________developed a test that states that "[w]here the same act or transaction constitutes a violation of two distinct statutory provisions, the test to be applied to determine whether there are two offenses or only one, is whether each requires proof of an additional fact, which the other does not."

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The answer of In Blockburger v. United States, the ____________...

Question 20

Match between columns
                        Premises: Federralism
Principle of legality
Dual federalism
Ex post facto law
Equal protection clause
Rational basis
Strict scrutiny
Intermediate scrutiny
Confederation
Principle of lenity

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Quiz 2: Limitations on the Criminal Law