Question 1

Inmates can sue for violation of their constitutional rights under:

Accepted Answer

Inmates can sue for violation of their constitutional rights under U.S. Code Section 1983, which allows individuals to bring a civil action against anyone who violates their rights under the Constitution or federal law while acting under color of state law. The Civil Rights Act of 1964, the Prisoner's Rights Act of 1992, and the Due Process Act of 1978 do not specifically address inmate's rights to sue for constitutional violations.

Question 2

Critics of affirmative action policies have contended that civil rights laws cannot remedy the effects of past discrimination and that such policies lead to reverse discrimination.

Accepted Answer

Critics of affirmative action argue that it is not an effective way to remedy the effects of past discrimination and can lead to reverse discrimination against individuals who are not members of the protected group.

Question 3

A suspicious activity report (SAR) is the official documentation of observed behavior that may be indicative of intelligence gathering.

Accepted Answer

A suspicious activity report (SAR) is used to document and report activities that may be indicative of criminal or intelligence-gathering activities, allowing authorities to investigate further.

Question 4

In 2015, the Supreme Court, in the case of Obergefell v. Hodges, struck down state bans on same-sex marriages.

Accepted Answer

The Supreme Court did indeed strike down state bans on same-sex marriages in the case of Obergefell v. Hodges in 2015.

Question 5

What 1993 bill was named for the press secretary to President Ronald Reagan who, during the assassination attempt on Reagan, was shot and permanently disabled?

Accepted Answer

The 1993 bill named for the press secretary to President Ronald Reagan who was shot and permanently disabled during the assassination attempt on Reagan is the Brady Handgun Violence Prevention Act. This act requires background checks for firearm purchases and imposes a waiting period on the purchase of handguns.

Question 6

In 1896, the case of Plessy v. Ferguson was brought before the Supreme Court and heightened awareness of racial issues.

Accepted Answer

Plessy v. Ferguson was a landmark case in which the Supreme Court upheld the constitutionality of "separate but equal" segregation laws, which allowed for racial discrimination and segregation in public facilities. The ruling in this case perpetuated racial inequality and sparked widespread protests and civil rights activism.

Question 7

What was the significance of the ruling in Johnson v. Avery (1969)?

Accepted Answer

The ruling in Johnson v. Avery established that inmates had a constitutional right to assist each other with legal work and case preparation, allowing for the establishment of "jailhouse lawyers." This decision opened the door for increased access to the courts for incarcerated individuals and helped to expand the scope of prisoners' rights litigation.

Question 8

The Bill of Rights was meant to be a check on the new national government by limiting its control of state laws.

Accepted Answer

The Bill of Rights was added to the Constitution to protect individual liberties and limit the power of the federal government. It included provisions such as freedom of speech, religion, and the press, the right to bear arms, and protections against unreasonable search and seizure. Additionally, the Tenth Amendment affirmed that powers not delegated to the federal government were reserved for the states or the people.

Question 9

The Procedural Due Process Clauses are found in the Fifth and Thirteenth Amendments to the Constitution.

Accepted Answer

The Procedural Due Process Clauses are found in the Fifth and Fourteenth Amendments to the Constitution, not the Thirteenth Amendment.

Question 10

While the Nixon administration was the first to actively pursue "affirmative action," it is Franklin Roosevelt who is credited with coining the term in his first inaugural address.

Accepted Answer

This statement is incorrect. The term "affirmative action" was not coined by Franklin Roosevelt. It is believed to have first been used in Executive Order 10925, signed by President John F. Kennedy in 1961. However, Roosevelt did introduce a number of policies aimed at promoting equal opportunity and reducing discrimination, particularly through the New Deal programs.

Question 11

The Thirteenth Amendment granted citizenship to the freed slaves.

Accepted Answer

The Thirteenth Amendment abolished slavery and involuntary servitude, except as punishment for a crime, but it did not grant citizenship to the freed slaves. The Fourteenth Amendment granted citizenship to all persons born or naturalized in the United States, including former slaves.

Question 12

The landmark case in the issue of affirmative action is:

Accepted Answer

Regents of the University of California v. Bakke (1978) was a landmark Supreme Court case on affirmative action. It ruled that while race can be considered as one factor in admissions decisions, strict quotas for minority students were unconstitutional. This case set the legal precedent for affirmative action policies in higher education institutions. The other options listed were important cases in the development of affirmative action, but none had as significant an impact as Bakke.

Question 13

The Third Amendment (prohibiting the quartering of soldiers in private houses) and the Eighth Amendment (prohibiting excessive fines) have yet to be addressed by the Supreme Court.

Accepted Answer

The Third Amendment and Eighth Amendment have not received significant Supreme Court rulings and interpretation, leaving their application and interpretation subject to debate and varying interpretations.

Question 14

The Court's 1964 ruling in Cooper v. Pate held that:

Accepted Answer

The ruling in Cooper v. Pate allowed inmates to sue prison officials for civil rights violations, marking a significant shift in the legal rights of prisoners. This case recognized that prisoners do not lose all their rights and have the ability to challenge their treatment and conditions under the Civil Rights Act.

Question 15

Procedural due process refers to the way that laws are applied.

Accepted Answer

Procedural due process ensures that individuals are treated fairly and that their rights are protected during legal proceedings. It involves specific procedures and safeguards, such as notice of the charges, the opportunity to be heard, and the right to legal representation.

Question 16

The Court acknowledged that virtual exclusion of African Americans from juries constituted an equal protection violation in:

Accepted Answer

The landmark case of Norris v. Alabama in 1935 established that the systematic and intentional exclusion of African Americans from juries violated the Equal Protection Clause of the Fourteenth Amendment. The case opened the door for future challenges to racial discrimination in jury selection, including later cases such as Batson v. Kentucky (1986), which further refined the rules for challenging discriminatory practices in jury selection. Adarand v. Pena (1995) dealt with affirmative action in government contracting, while Swain v. Alabama (1965) upheld the use of peremptory challenges to strike potential jurors without cause, though this decision was later narrowed in Batson.

Question 17

A situation in which racial minorities are treated more harshly at some points and in some places in the criminal justice system, but no differently than whites at other points and in other places, best describes:

Accepted Answer

Contextual discrimination refers to a situation where racial minorities are treated differently depending on the context or situation, rather than a consistent pattern of discrimination across the entire criminal justice system (systematic discrimination). This can occur in certain locations or at specific stages of the criminal justice process. Discretionary discrimination is a form of discrimination that occurs when decisions are made by individuals in the criminal justice system who hold discretion, such as police officers or judges, based on biases or prejudices. Pure discrimination refers to a situation where racial minorities are consistently and intentionally discriminated against throughout the entire criminal justice system.

Question 18

Sentencing guidelines have reduced:

Accepted Answer

Sentencing guidelines have been implemented to reduce disparities in sentences given to individuals who commit similar crimes. This has resulted in a reduction in sentence disparity. However, there is still some debate about the effectiveness of these guidelines and their impact on racial and ethnic disparities in sentencing.

Question 19

In 1880, what clause did the Supreme Court cite in Strauder v. West Virginia (1880) when it struck down a statute explicitly prohibiting African Americans from serving on juries?

Accepted Answer

The Supreme Court cited the Equal Protection Clause of the 14th Amendment in Strauder v. West Virginia (1880) in its ruling that a statute explicitly prohibiting African Americans from serving on juries was unconstitutional.

Question 20

The Supreme Court case of Massachusetts Board of Retirement v. Murgia (1976) dealt with the issue of:

Accepted Answer

The Supreme Court case of Massachusetts Board of Retirement v. Murgia (1976) dealt with the issue of age discrimination. The case addressed whether a mandatory retirement age of 50 for state police officers violated the Equal Protection Clause of the Fourteenth Amendment. The Supreme Court upheld the retirement age, arguing that it was rationally related to the state's interest in maintaining physical capabilities and limiting career opportunities for younger officers.

Quiz 4: Equal Protection Under the Law: Balancing Individual, State, and Federal Rights