Deck 2: Constitutional Limitations on the Criminal Law

Question 1

__________ is NOT a characteristics used to define the concept of "police powers" in the application of the First Amendment.

A)"Federal,state,and local governments may enact laws."
B)"Despite these regulations,First Amendment rights cannot be completely taken away (or banned)in the interest of the general public."
C)"Federal,state,and local governments may authorize enforcement activities that regulate the time,place,and manner in which an individual can exercise constitutionally protected rights."
D)"American citizens are authorized to commit slander at certain times when it is appropriate."

Answer 1

D

Question 2

Substantive criminal law is enforced through

A)procedural criminal law.
B)common law.
C)case law.
D)the Model Penal Code (MPC).

Answer 2

A

Question 3

The Eighth Amendment to the U.S.Constitution prohibits

A)excessive bail.
B)both treason and usurious money lending.
C)cruel and unusual punishment.
D)slavery.

Answer 3

C

Question 4

When it comes to anti-loitering statues,American courts

A)have held that these statutes do not have to promote identifiable public interests in order to be justified.
B)have found these laws unconstitutional when they are found to be vague,such as by failing to give fair warning of the precise conduct that is prohibited.
C)have found these laws unconstitutional when applied them to hard-working,law-abiding citizens,but not when applied to transients.
D)have increasingly used these laws to drive out gangs.

Question 5

The Sixth Amendment and the due process clauses of the Fifth Amendment and Fourteenth Amendment require that the law provide

A)counsel to defendants.
B)protection against cruel and unusual punishment.
C)protection against unreasonable searches and seizures.
D)fair notice of the charges.

Question 6

Criminal statutes may be unconstitutional because

A)they may cause defendants to give self-incriminating testimony.
B)of the way in which they are applied by government officials.
C)of the method government officials used to create them.
D)None of the above is correct.

Question 7

A possible characteristic of an ex post facto law includes the fact that

A)it alters the legal rules of evidence,allowing evidence of guilt that is lesser or different from what the law required at the time of the commission of the offense by the offender.
B)it makes criminal an act committed less than six months after passage of the law,thus preventing the criminal from having enough time to know that it was a crime.
C)it inflicts a less punishment than the original law.
D)All the Above are correct.

Question 8

The sources of procedural criminal law include Article I of the U.S.Constitution and

A)the Fourth Amendment
B)the Sixth Amendment
C)the Fifth Amendment
D)All the above are correct.

Question 9

The rights to speech that the First Amendment does NOT automatically cover is

A)obscenity.
B)grievances against the government.
C)the advocacy of unlawful conduct.
D)fighting words.

Question 10

The right of the people to assemble publicly is NOT absolute because

A)public assembly may threaten public safety,peace,and order,the government has the right to impose reasonable restrictions on the time,place,and manner of assembly.
B)past problems with riots and other tumultuous disturbances has led American courts to create a quota of public assemblies per year nationwide.
C)political interests prevent more extreme groups from a public display of their beliefs.
D)the American system of government has not yet evolved to live up to the promises of the U.S.Constitution.

Question 11

The substantive rights specifically enumerated within the Bill of Rights include the right to

A)bring grievances against the government.
B)have protection against cruel and unusual punishment
C)keep and bear arms
D)All the above are correct.

Question 12

The U.S.Supreme Court differs from organizations like the National Rifle Association in its interpretation of the Second Amendment because

A)the U.S.Supreme Court has held that this provision must be read in conjunction with the other clause of the Second Amendment referring to a "well regulated militia."
B)the U.S.Supreme Court does not agree with the Second Amendment.
C)The U.S.Supreme Court does not believe that persons aged 12-17 should keep and bear arms,but it does believe this right is exclusively for adults.
D)None of the above is correct.

Question 13

___________ is/are not an example of a religious freedom claim that was rejected by courts.

A)Criminal convictions for polygamy
B)Handling poisonous snakes in religious ceremonies
C)A Christian Scientist parent's withholding medical treatment for a child
D)Practicing the Wiccan religion on U.S.Army bases

Question 14

__________ has NOT been found to be unconstitutional.

A)Statutes stating that "no person shall loiter ...in or upon any street,park or public place,or in any public building," with no definition of the word "loiter."
B)A harassment statute prohibiting conduct that "alarms or seriously annoys" another person.
C)A statutes that punished a person who "publicly treats contemptuously the flag of the United States."
D)A federal statute that provides that murdering a "federal egg inspector" can be a "capital crime."

Question 15

In the case of ________,a court declared that dog sniffs are searches and can be conducted only if police have probable cause to believe the person,place,or thing to be sniffed is connected to criminal action.

A)U.S.v.Place
B)Loving v.Virginia
C)Craig v.Boren
D)Commonwealth v.Johnston

Question 16

Under the due process clause of the Fourteenth Amendment,criminal statutes must NOT be

A)vague.
B)ambiguous.
C)overly broad.
D)All the above are correct.

Question 17

Over time,the courts have held that ____________ encompasses the multiple procedures and processes that must be followed before a person can be legally deprived of his or her life,liberty,or property.

A)substantive criminal law
B)procedural criminal law
C)due process
D)statutory law

Question 18

The right to ___________ is NOT covered by the First Amendment

A)the right to due process
B)the exercise of religion
C)the right to peaceable assembly
D)the right to free speech

Question 19

In ________,the U.S.Supreme Court held unconstitutional a city ordinance banning the burning of a cross and the display of symbols such as swastikas.

A)People v.Maness
B)R.A.V.v.St.Paul
C)Schenck v.United States
D)Hatch v.Superior Court

Question 20

In ________,the defendant was convicted of interfering with the draft during wartime and of urging insubordination in the military.

A)People v.Maness
B)R.A.V.v.St.Paul
C)Schenck v.United States
D)Hatch v.Superior Court

Question 21

A bill of attainder is a legislative enactment that declares individuals or members of a group guilty of a crime and subject to punishment without a trial.

Question 22

The right to keep and bear arms,as provided in the Second Amendment,has proven to be relatively absolute in recent years.

Question 23

The U.S.Supreme Court has legally recognized,within the concept of personal privacy,the right

A)to decide whether or not to beget a child.
B)to readily available contraceptives and contraceptive devices for single and married persons.
C)of a woman to choose to terminate her pregnancy through abortion.
D)All the above are correct.

Question 24

Give three examples of past incidents regarding First Amendment rights that reflect its uneven application throughout American history.

Question 25

In the 1972 case of _______,the U.S.Supreme Court examined the imposition of the death penalty in three cases and analyzed in the constitutional issues raised by capital punishment.

A)Gregg v.Georgia
B)Furman v.Georgia
C)Weems v.United States
D)Coker v.Georgia

Question 26

In special circumstances,state and federal agencies can legally enact or enforce criminal statutes that unnecessarily inhibit the substantive rights identified in the U.S.Constitution.

Question 27

Typical federal and state gun control statutes impose licensing requirements such as background checks and waiting periods.

Question 28

The U.S.Supreme Court has interpreted the Eighth Amendment requirement of _________ to mean that the punishment inflicted for a criminal violation should not be grossly inappropriate for the crime committed.

A)fair notice
B)ex post facto
C)due process
D)proportionality

Question 29

Criminal statutes lacking in clarity are susceptible to enforcement in an arbitrary or discriminatory manner by police,prosecutors,judges,and juries.

Question 30

Ignorance of the law is often a defense for violating a validly existing criminal law.

Question 31

Explain the provisions of the Fourteenth Amendment to the U.S.Constitution.

Question 32

Freedom of religion and speech are sometimes grouped together and referred to as "freedom of expression."

Question 33

The U.S.Constitution defines only one crime-murder.

Question 34

American courts will invalidate criminal statutes that are viewed as thinly veiled attempts to restrict the freedom of religion.

Question 35

Write a paragraph explaining the historical basis for the Bill of Rights and why they were created.

Question 36

The Supreme Court has ruled that the death penalty cannot be imposed upon a defendant who was less than 18 years old at the time of the killing offense.

Question 37

The effect of the U.S.Supreme Court case Furman v.Georgia was an "informal moratorium" until the execution of Gary Gilmore in 1977.

Question 38

Neither the U.S.Congress nor state legislatures enact laws that will raise constitutional problems.

Question 39

The right of privacy includes the right to

A)live without unwarranted interference.
B)be left alone.
C)be free from unwanted publicity.
D)any type of internet usage.

Question 40

The U.S.Supreme Court has held that a right of privacy is NOT implicit in

A)the Second Amendment right to keep and bear arms.
B)the First Amendment right of free association.
C)the Fourth Amendment ban on unreasonable searches and seizures.
D)the Third Amendment protection against the quartering of soldiers in private homes.

Question 41

Discuss the Amendments to the U.S.Constitution that criminal statutes typically contradict,according to the requirements of substantive due process?

Question 42

Discuss the significance of Weems v.United States and Robinson v.California to the Eighth Amendment.