Exam 2: Constitutional Limits on Criminal Law

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

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

Case 2.3 Tammy is an unemployed probationer. Her probation officer has noted several times that she has been seen in the company of three girlfriends at a local park. She has a long record of convictions for various misdemeanor and felony crimes. Tammy is sentenced to three years in prison based on the following statute: “Any person not engaged in any lawful occupation, known to be a member of any gang consisting of two or more persons, who has been convicted at least three times of being a disorderly person, or who has been convicted of any crime, in this or in any other State, is declared to be a gangster….” -Tammy's conviction is overturned based on the​

Discuss the importance of the right to a trial by jury as it relates to the process of sentencing convicted offenders.Discuss the impact of Apprendi v.New Jersey (2000).​

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

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

Under the Equal Protection Clause,most criminal statutes are subject to only the minimal scrutiny of _______________ basis.​

Because they are likely to incite violence,_______________ words are not protected by the First Amendment.​

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

The First Amendment protects only written or spoken words.​

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

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

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?​

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

Case 2.3 Tammy is an unemployed probationer. Her probation officer has noted several times that she has been seen in the company of three girlfriends at a local park. She has a long record of convictions for various misdemeanor and felony crimes. Tammy is sentenced to three years in prison based on the following statute: “Any person not engaged in any lawful occupation, known to be a member of any gang consisting of two or more persons, who has been convicted at least three times of being a disorderly person, or who has been convicted of any crime, in this or in any other State, is declared to be a gangster….” -One of the issues with Tammy's conviction involves​

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

Explain the principle of legality.Why is it important to criminal law and punishment?​

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 appeal would most likely be based on a violation of what constitutional amendment?​

There is no Constitutional right to privacy.​

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