Question 1

Although originally a canonical offense, bigamy later became a common-law offense and is now a statutory offense in all states.

Accepted Answer

Bigamy was originally a canonical offense (violating church law), but it later became a common-law offense (violating secular law based on precedent) and is now a statutory offense (violating written law) in all states.

Question 2

Under decisions of the United States Supreme Court, a state may not prohibit the sale or distribution of obscene materials to consenting adults.

Accepted Answer

The United States Supreme Court has ruled that states can regulate or prohibit the sale or distribution of obscene materials, as obscenity is not protected by the First Amendment.

Question 3

In Reynolds v.United States (1878), the Supreme Court held that a strongly held religious belief is a justification for violating a criminal prohibition, as long as the act in question is nonviolent.

Accepted Answer

In Reynolds v. United States (1878), the Supreme Court held that freedom of religion is not an excuse for violating laws that prohibit actions when those actions violate generally applicable criminal laws. The case involved a challenge to a federal law that prohibited polygamy, and the court held that individuals could not use their religious beliefs as a justification for violating the law.

Question 4

Today, prostitution is illegal in all states except Nevada, where it exists by local option in some counties, although it is strictly regulated by law.

Accepted Answer

Prostitution is indeed illegal in all states except Nevada where it is legal in some counties but heavily regulated.

Question 5

The common law regarded gambling as a felony.

Accepted Answer

Common law did not regard gambling as a felony; it was generally considered a civil issue rather than a criminal one.

Question 6

Statutes prohibiting gambling are frequently interpreted to exclude contests where participants pit their physical or mental skills against one another for a prize.

Accepted Answer

This is true. Many states have laws that specifically carve out exceptions for skill-based contests, distinguishing them from games of chance that are considered gambling.

Question 7

Most states have enacted implied consent statutes stipulating that a person who drives a motor vehicle is deemed to consent to blood, breath, or urine testing to determine their blood-alcohol content.

Accepted Answer

This statement is true. Most states in the United States have enacted implied consent laws that essentially state that by operating a motor vehicle, a person implicitly consents to submit to blood, breath, or urine testing for alcohol or drug content if a law enforcement officer has probable cause to believe they are driving under the influence. Refusal to comply with the test can result in penalties, such as the suspension or revocation of a driver's license.

Question 8

Most states now require mandatory minimum jail terms for first-time DWI, DUI, or DUBAL offenders.

Accepted Answer

This statement is true. Many states have implemented mandatory minimum jail terms for first-time offenders in an effort to deter drunk driving and improve public safety. However, the specific laws and penalties vary by state.

Question 9

In 2005 the Supreme Court held that Congress had no power to prohibit the possession of marijuana intended solely for personal medicinal use as authorized by state law.

Accepted Answer

The Supreme Court in 2005 ruled in Gonzales v. Raich that Congress did have the power to prohibit the possession of marijuana for personal medicinal use, even if authorized by state law, under the Commerce Clause.

Question 10

The U.S.Supreme Court has held that criminalizing the public presence of an intoxicated person is contrary to the constitutional prohibition of "cruel and unusual punishments."

Accepted Answer

The answer of The U.S.Supreme Court has held that criminalizing...

Question 11

At common law, the use of obscene language in public was punishable as a public nuisance.

Accepted Answer

At common law, the use of obscene language in public was considered a form of public nuisance and could be punished as such.

Question 12

In the early nineteenth century a number of American states enacted statutes criminalizing seduction.

Accepted Answer

These laws were often aimed at preventing unmarried women from engaging in sexual activity and were enforced with varying degrees of strictness.

Question 13

Under federal law, it is not an offense to use the mail to transport drug paraphernalia.

Accepted Answer

Under federal law, it is illegal to use the mail to transport drug paraphernalia as per the Controlled Substances Act.

Question 14

Federal law provides for confiscation of illegal drug paraphernalia but there is no statutory provision requiring forfeiture of vehicles or aircraft used in transporting contraband.

Accepted Answer

This statement is false. Federal law does provide for forfeiture of vehicles, aircraft, and other property used to transport or facilitate drug trafficking.

Question 15

In reviewing the constitutionality of child pornography laws, the U.S.Supreme Court has applied a different standard than that it has applied in dealing with the issue of obscenity.

Accepted Answer

The Supreme Court has recognized child pornography as a form of speech that is not entitled to First Amendment protection and thus has upheld laws criminalizing it under a different standard than that applied to obscenity.

Question 16

According to the textbook, vice crimes have no implications for the public health, safety and welfare and therefore should be viewed solely as offenses against public morality.

Accepted Answer

According to the textbook, although vice crimes may not directly harm public health or safety, they can have negative impacts on society such as promoting organized crime, drug addiction, and sexually transmitted diseases. Therefore, they should not be viewed solely as offenses against public morality but as issues that require addressing for the overall well-being of society.

Question 17

The U.S.Supreme Court has upheld the validity of a state "implied consent" law providing for suspension of a driver's license of a person arrested for driving while intoxicated who refuses to take a breathalyzer test.

Accepted Answer

This is true. The U.S. Supreme Court has upheld the validity of such laws in several cases, ruling that driving is a privilege, not a right, and that implied consent laws are a reasonable means of ensuring public safety on the roads.

Question 18

Not all states proscribe the manufacture, sale, or possession of controlled substances.

Accepted Answer

All states in the U.S. have laws that regulate the manufacture, sale, and possession of controlled substances, although the specifics of these laws can vary from state to state.

Question 19

States have established lower permissible blood-alcohol levels for juvenile drivers.

Accepted Answer

Many states have established lower permissible blood-alcohol levels for drivers under 21 years old in order to discourage underage drinking and driving. This limit is typically set at 0.02% or lower.

Question 20

Under the Twenty-First Amendment, states have no authority to ban or regulate the manufacture of alcohol.

Accepted Answer

The Twenty-First Amendment ended Prohibition and gave states the power to regulate the manufacture, sale, and transportation of alcohol within their borders. Therefore, states do have the authority to ban or regulate the manufacture of alcohol.

Quiz 10: Vice Crimes