Question 1

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

Accepted Answer

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

Question 2

In a democracy,the majority can't make a crime out of conduct protected by the fundamental rights in the U.S.Constitution.​

Accepted Answer

​constitutional

Question 3

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

Accepted Answer

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

Question 4

Defendants in criminal cases enjoy a presumption of .

Accepted Answer

The answer of Defendants in criminal cases enjoy a presumption...

Question 5

Case 2.1 
Julie has been drinking at a bar for several hours. As she is driving home she runs off the road and hits a pregnant woman, killing the fetus but not the woman. Julie is charged with homicide. The homicide law where Julie lives does not include the unborn in its homicide statute.

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

Accepted Answer

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

Question 6

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

Accepted Answer

A) True 
 B)False

Question 7

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

Accepted Answer

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

Question 8

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

Accepted Answer

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

Question 9

Fighting words are not protected by the First Amendment.​

Accepted Answer

A) True 
 B)False

Question 10

Case 2.4
Tory was fifteen years old when he intentionally pushed another high school student in front of a car, killing him. Tory stated in court that he wanted to kill someone and picked his victim at random. Tory has an extensive record of antisocial behavior and was sentenced to life without possibility of parole. Tory appealed the sentence but the appeal was unsuccessful.

-Tory's failed appeal is most like what U.S.Supreme Court case?​

Accepted Answer

A)  ​State v.Ninham (2011) 
B)  ​Griswold v.Connecticut (1965) 
C)  ​Apprendi v.New Jersey (2000) 
D)  ​Gall v.U.S.(2007) 
A)  ​State v.Ninham (2011) 
B)  ​Griswold v.Connecticut (1965) 
C)  ​Apprendi v.New Jersey (2000) 
D)  ​Gall v.U.S.(2007)

Question 11

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

Accepted Answer

A) True 
 B)False

Question 12

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

Accepted Answer

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

Question 13

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

Accepted Answer

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. 
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 14

Case 2.4
Tory was fifteen years old when he intentionally pushed another high school student in front of a car, killing him. Tory stated in court that he wanted to kill someone and picked his victim at random. Tory has an extensive record of antisocial behavior and was sentenced to life without possibility of parole. Tory appealed the sentence but the appeal was unsuccessful.

-In his appeal,Tory likely argued that his sentence was​

Accepted Answer

A)  ​retroactive. 
B)  ​expost facto. 
C)  ​disproportionate. 
D)  ​void-for-vagueness. 
A)  ​retroactive. 
B)  ​expost facto. 
C)  ​disproportionate. 
D)  ​void-for-vagueness.

Question 15

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

Accepted Answer

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

Question 16

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.​

Accepted Answer

A) True 
 B)False

Question 17

Explain the principle of proportionality.Describe how the principle relates to the death penalty and imprisonment.​

Accepted Answer

The principle of proportionality has an

Question 18

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

Accepted Answer

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

Question 19

Case 2.2 
Steve fired a gun into a family’s home in his neighborhood. Steve was later arrested and admitted to the shooting. Following his conviction, the judge sentenced him to 10 years in prison based on facts not determined to be true beyond a reasonable doubt. The sentence exceeded the statutory maximum by two years.

-The sentence imposed on Steve violates​

Accepted Answer

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

Question 20

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

Accepted Answer

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

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

In a democracy,the majority can't make a crime out of conduct protected by the fundamental rights in the U.S.Constitution.

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

Defendants in criminal cases enjoy a presumption of .

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

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

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

Fighting words are not protected by the First Amendment.

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

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

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

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

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.

Explain the principle of proportionality.Describe how the principle relates to the death penalty and imprisonment.

What principle holds that the punishment should fit the crime?

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

Criminal Law and Punishment in Ussociety: An Overview

The Criminal Act: The First Principle of Criminal Liability

The General Principles of Criminal Liability: Mens Rea, Concurrence, Ignorance, and Mistake

Defenses to Criminal Liability I: Justifications

Defenses to Criminal Liability II: Excuses

Parties to Crime and Vicarious Liability

Inchoate Crimes

Crimes Against Persons I: Murder and Manslaughter

Crimes Against Persons II: Sex Offenses, bodily Injury, and Personal Restraint

Crimes Against Property

Crimes Against Public Order and Morals

Crimes Against the State

Filters

Exam 2: Constitutional Limits on Criminal Law

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

In a democracy,the majority can't make a crime out of conduct protected by the fundamental rights in the U.S.Constitution.​

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

Defendants in criminal cases enjoy a presumption of .

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

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

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

Fighting words are not protected by the First Amendment.​

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

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

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

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

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.​

Explain the principle of proportionality.Describe how the principle relates to the death penalty and imprisonment.​

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

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

Criminal Law and Punishment in Ussociety: An Overview

The Criminal Act: The First Principle of Criminal Liability

The General Principles of Criminal Liability: Mens Rea, Concurrence, Ignorance, and Mistake

Defenses to Criminal Liability I: Justifications

Defenses to Criminal Liability II: Excuses

Parties to Crime and Vicarious Liability

Inchoate Crimes

Crimes Against Persons I: Murder and Manslaughter

Crimes Against Persons II: Sex Offenses, bodily Injury, and Personal Restraint

Crimes Against Property

Crimes Against Public Order and Morals

Crimes Against the State

Filters

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

In a democracy,the majority can't make a crime out of conduct protected by the fundamental rights in the U.S.Constitution.

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

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

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

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

Fighting words are not protected by the First Amendment.

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

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

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

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.

Explain the principle of proportionality.Describe how the principle relates to the death penalty and imprisonment.

What principle holds that the punishment should fit the crime?

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