Deck 2: Constitutional Limits on Criminal Law

Question 1

Laws that are overly broad in their reach might have a chilling effect on the exercise of freedom of expression.​

Answer 1

True

Question 2

Fighting words are not protected by the First Amendment.​

Answer 2

True

Question 3

The Eighth Amendment requires that punishments be proportional to the crime.​

Answer 3

True

Question 4

District of Columbia v.Heller (2008)is the first successful Second Amendment challenge in the Court's history.​

Question 5

The death penalty is always a violation of the Eighth Amendment.​

Question 6

Most state constitutions include a ban on retroactive statutes.​

Question 7

Apprendi v.New Jersey (2000)struck down a New Jersey statute authorizing judges to increase a maximum sentence based on facts that the judge found to be true by a preponderance of the evidence,but not proof beyond a reasonable doubt.​

Question 8

Expost facto laws are forbidden by the Constitution.

Question 9

The Supreme Court has ruled that the death sentence is unconstitutional for the crime of the rape of a child.​

Question 10

There is no contention surrounding departures from sentencing guidelines.

Question 11

In Atkins v.Virginia (2002),the U.S.Supreme Court ruled that executing mentally retarded persons violated the ban on cruel and unusual punishment.​

Question 12

The First Amendment protects only written or spoken words.​

Question 13

There is no Constitutional right to privacy.​

Question 14

Barbaric punishments are punishments that are no longer considered acceptable in a civilized society.​

Question 15

The U.S.Supreme Court has ruled that vague laws do not violate the guarantees of the U.S.Constitution.​

Question 16

Retroactive criminal laws undermine the "central values" of free societies.​

Question 17

Three-strikes laws have been ruled unconstitutional.​

Question 18

The ban on retroactive criminal lawmaking prevents officials from punishing conduct they think is wrong but which no existing criminal law prohibits.​

Question 19

The right to a jury trial also guarantees that no increase in sentencing can occur without the finding of all relevant facts by a jury.​

Question 20

In Coker v.Georgia (1977),the Supreme Court allowed the death sentence for the crime of rape of an adult.​

Question 21

Article III of the U.S.Constitution bans ex post facto laws.​

Question 22

According to what principle must there be a specific law defining a crime and setting out the punishment before a person can be punished for that crime?​

A) ​the principle of legality
B) ​the principle of comity
C) ​the principle of proportionality
D) ​the principle of reciprocity

Question 23

Vague laws fail to give fair warning to individuals and law enforcement as to what conduct is lawful.​

Question 24

Vague laws violate the Fifth and Fourteenth Amendments to the constitution.​

Question 25

The authors of the U.S.Constitution were suspicious of​

A) ​the rights of individuals.
B) ​the rights of large groups of voters.
C) ​the power of influential leaders.
D) ​the power in the hands of government officials.

Question 26

Which of the following rights is a fundamental right but is not named in the Constitution?​

A) ​the right to bear arms
B) ​the right to free speech
C) ​the right to freedom of religion
D) ​the right to privacy

Question 27

According to the U.S.Supreme Court,there are two kinds of cruel and unusual punishments.​

Question 28

Expost facto laws are included in Article II of the U.S.Constitution.​

Question 29

The word "privacy" is found in the U.S.Constitution.​

Question 30

The ban on ex post facto laws,denial of due process,and equal protection of the laws are broad constitutional limits that cover all of criminal law.​

Question 31

The principle of legality is also called "the first principle of criminal law."​

Question 32

Other than the fact of prior conviction,any fact that increases the penalty for a crime beyond the prescribed statutory maximum must be submitted to a jury,and proved beyond a reasonable doubt.​

Question 33

Which amendment to the Constitution requires that states provide equal protection of the law?​

A) ​the Ninth Amendment
B) ​the Tenth Amendment
C) ​the Thirteenth Amendment
D) ​the Fourteenth Amendment

Question 34

What is the standard used by courts of appeal to determine if a sentence is "inside,just outside,or significantly outside the guidelines range?"​

A) ​the constitutional standard
B) ​the abuse-of-discretion standard
C) ​the upward departure standard
D) ​the downward departure standard

Question 35

Which amendment to the Constitution ensure that people aren't subject to cruel and unusual punishment?​

A) ​the First Amendment
B) ​the Fourth Amendment
C) ​the Eighth Amendment
D) ​the Fourteenth Amendment

Question 36

What type of laws fail to give fair warning to individuals and law enforcement as to what conduct is unlawful?​

A) ​ex post facto laws
B) ​vague laws
C) ​misdemeanor laws
D) ​felony laws

Question 37

In addition to speech,the First Amendment also includes expressive conduct.​

Question 38

What doctrine is concerned with giving individuals fair notice of what is criminal and preventing arbitrary or discriminatory enforcement of laws?​

A) ​proportionality
B) ​void-for-vagueness
C) ​obscenity
D) ​equal protection

Question 39

What is the name of the law that criminalizes an act that was innocent when it was committed?​

A) ​bill of attainder law
B) ​forfeiture law
C) ​ex post facto law
D) ​bill of particulars

Question 40

Which amendments to the Constitution resulted in the void-for-vagueness doctrine?​

A) ​the Fourth and Fifth Amendments
B) ​the Fourth and Fourteenth Amendments
C) ​the Fifth and Fourteenth Amendments
D) ​the Fifth and Fifteenth Amendments

Question 41

Which of the following kind of punishments are prohibited by the Eighth Amendment?​

A) ​contumacious
B) ​presumptuous
C) ​barbaric
D) ​sumptuous

Question 42

What rule requires that any fact that increases the penalty for a crime beyond the prescribed statutory maximum must be submitted to a jury,and proved beyond a reasonable doubt?​

A) ​The Booker rule
B) ​The Blakely rule
C) ​The Apprendi rule
D) ​The Gall rule

Question 43

Which of the following is the highest level of proof?​

A) ​preponderance of the evidence
B) ​beyond a reasonable doubt
C) ​probable cause
D) ​reasonable suspicion

Question 44

What rule requires courts to resolve every ambiguity in a criminal statute in favor of the defendant?​

A) ​the rule of heightened scrutiny
B) ​the rule of strict scrutiny
C) ​the compelling government interest rule
D) ​the rule of lenity

Question 45

For what crime did the Supreme Court ban the use of the death penalty in Coker v.Georgia (1977)?​

A) ​espionage
B) ​treason
C) ​rape of an adult female
D) ​murder

Question 46

Three-strikes laws are supposed to make sure that offenders who are convicted of a third felony​

A) ​get locked up for a very long time.
B) ​get locked up for at least 10 years.
C) ​receive the treatment they need.
D) ​are put to death.

Question 47

Which amendment contains the ban on cruel and unusual punishment?​

A) ​the Fifth Amendment
B) ​the Sixth Amendment
C) ​the Eighth Amendment
D) ​the Fourteenth Amendment

Question 48

The idea that the punishment must fit the crime is the Eighth Amendment principle of​

A) ​aggregation.
B) ​proportionality.
C) ​equivocality.
D) ​equal protection.

Question 49

What are the defenses and justification excuses called?​

A) assertive defenses
B) ​inferential defenses
C) ​congruent defenses
D) ​affirmative defenses

Question 50

In what case did the Court apply the Apprendi rule to the U.S.Sentencing Guidelines?​

A) Penry v.Lynaugh (1989)
B) ​U.S.v.Booker(2005)
C) ​​Roper v.Simmons(2005)
D) ​Atkins v.Virginia (2002)

Question 51

What principle holds that the punishment should fit the crime?​

A) ​the principle of legality
B) ​the principle of comity
C) ​the principle of proportionality
D) ​the principle of reciprocity

Question 52

After U.S.v.Booker (2005),sentencing guidelines became​

A) ​advisory.
B) ​mandatory.
C) ​unconstitutional.
D) ​applicable.

Question 53

The U.S.Supreme Court took a "hands-off" approach to sentencing procedures until what case?​

A) ​Apprendi v.New Jersey (2000)
B) ​Blakely v.Washington (2004)
C) ​U.S.v.Booker (2005)
D) ​Gall v.U.S.(2007)

Question 54

According to Griswold v.Connecticut (1965),which of the following describes the constitutional right to privacy?​

A) ​a part of the liberty protected by due process
B) ​a fundamental right
C) ​required by equal protection
D) ​protected by the Eight and Fourteenth Amendments

Question 55

What is the definition of preponderance of the evidence?​

A) ​50%
B) ​more than 50%
C) ​75%
D) ​99%

Question 56

What name is given to offensive,sexually explicit material that is not protected by the First Amendment?​

A) ​obscenity
B) ​profanity
C) ​libel
D) ​literature

Question 57

The void-for-overbreadth doctrine invalidates laws that have what effect on protected expression?​

A) ​an unacceptable chilling effect
B) ​an unacceptable retracting effect
C) ​an unacceptable facilitating effect
D) ​an unacceptable excoriating effect

Question 58

In what case did the Supreme Court rule that death by electrocution did not violate the cruel and unusual punishment clause?​

A) ​In re Kemmler (1890)
B) ​Chambers v.Florida (1940)
C) ​Furman v.Georgia (1972)
D) ​Robinson v.California (1961)

Question 59

Which of the following rights is guaranteed by the Fourth Amendment?​

A) ​the right to freedom from unreasonable search and seizure
B) ​the right to bear arms
C) ​the right to freedom from cruel and unusual punishment
D) ​the right to free speech

Question 60

In Stanley v.Georgia (1969),the Supreme Court struck down a statute which made it a crime for an adult to possess what in their own home?​

A) ​marijuana
B) ​illegal weapons
C) ​obscene materials
D) ​drug paraphernalia

Question 61

What rule ensures criminality is not subject to the passions of rulers,democratic or otherwise?​

A) ​the rule of law
B) ​the rule of comity
C) ​the rule of Apprendi
D) ​the rule of censure

Question 62

Tammy's conviction is overturned based on the​

A) ​ex post facto doctrine.
B) ​void-for-vagueness doctrine.
C) ​habeas doctrine.
D) ​felony failure doctrine.

Question 63

The increase in sentence by two years based on facts not determined beyond a reasonable doubt violates what amendment to the Constitution?​

A) ​the Fourth Amendment
B) ​the Fifth Amendment
C) ​the Sixth Amendment
D) ​the Eighth Amendment

Question 64

There are numerous capital crimes where no one is killed.Which of the following is not one of those crimes?​

A) ​rape
B) ​treason
C) ​espionage
D) ​kidnapping

Question 65

What article of the U.S.Constitution bans ex post facto laws?​

A) Article One​
B) ​Article Two
C) ​Article Three
D) ​The U.S.Constitution does not ban ex post facto laws

Question 66

What is the name of "an appellate court's standard for reviewing a decision that is asserted to be grossly unsound,unreasonable,illegal,or unsupported by the evidence?"​

A) ​abuse-of-discretion standard
B) ​clear and present danger standard
C) ​Apprendi standard
D) ​void-for-vagueness standard

Question 67

Most of the debate regarding three-strikes law centers on:​

A) ​deterrence
B) ​incapacitation
C) ​rehabilitation
D) ​none of these answers is correct

Question 68

What two evils does the void-for-vagueness doctrine address?​

A) ​lack of fair warning and arbitrary and discriminatory law enforcement
B) cruel and unusual punishment​
C) ​retroactive and arbitrary punishment
D) ​unfair and unequal punishment

Question 69

Julie is not convicted because to convict her would violate​

A) ​the principle of legality.
B) ​the principle of fairness.
C) ​the principle of due process.
D) ​the principle of proactive lawmaking.

Question 70

A ban on ex post facto laws seeks to accomplish two major purposes.These purposes include which of the following?​

A) ​protection and prevention
B) ​prohibition and promiscuity
C) ​proportion and legality
D) ​specificity and proportion

Question 71

In which case did the Supreme Court rule that it violates the Constitution to execute a mentally retarded criminal defendant?​

A) ​Penry v.Lynaugh (1989)
B) ​Coker v.Georgia (1977)
C) ​Roper v.Simmons (2005)
D) ​Atkins v.Virginia (2002)

Question 72

Which amendment to the Constitution guarantees the right to bear arms?​

A) ​the Second Amendment
B) ​the First Amendment
C) ​the Fourth Amendment
D) ​the Eighth Amendment

Question 73

The Apprendi rule addresses​

A) ​any fact that increases the penalty for a crime beyond the prescribed statutory maximum.
B) ​any fact that decreases the penalty for a crime beyond the prescribed statutory maximum.
C) ​any fact that involves the penalty for a crime beyond the prescribed statutory maximum.
D) ​any fact that prioritizes the penalty for a crime beyond the prescribed statutory maximum.

Question 74

According to the U.S.Supreme Court,California's three-strikes law​

A) ​does not violate the Eighth Amendment.
B) ​violates the Eighth Amendment.
C) ​is constitutional only if applied to defendants who commit very serious felonies.
D) ​is unconstitutional because it is disproportionate.

Question 75

In Roper v.Simmons (2005),the Supreme Court held that the Eighth Amendment forbids the execution of

A) rapists.​
B) ​the mentally ill.
C) ​offenders who committed their crimes when they were under the age of 18.
D) ​drug dealers.

Question 76

The sentence imposed on Steve violates​

A) ​the Apprendi rule.
B) ​the Eighth Amendment.
C) ​the Fourth Amendment.
D) ​the ban on ex-post facto laws.

Question 77

The American Association on Intellectual and Developmental Disabilities includes three elements in its definition of mental retardation.Which one of the following is not one of those elements?​

A) ​the person has substantial intellectual impairment.
B) ​the impairment of the person impacts their everyday life of the mental retarded individual.
C) ​retardation is present at birth or during childhood.
D) ​the person has an IQ below 80.

Question 78

If Julie was convicted the court would have violated the ban on​

A) ​ex post facto laws.
B) ​habeas corpus laws.
C) ​void-for-vagueness laws.
D) ​equal protection laws.

Question 79

When U.S.Courts of Appeal review sentences,they have to consider whether a sentence is "unreasonable" in light of the guidelines and​

A) ​the general purposes of sentencing under federal law.
B) ​the Eighth Amendment.
C) ​the special purposes of sentencing under federal law.
D) ​public opinion.

Question 80

Which of the following categories of expression is not protected by the First Amendment?​

A) ​obscenity
B) ​libel
C) ​fighting words
D) ​none of these