Exam 2: Constitutional Limits on Criminal Law

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What does it mean that the First Amendment protects expressive speech? Discuss Supreme Court cases that have dealt with expressive speech and criminal statutes.​

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After U.S.v.Booker (2005),sentencing guidelines became​

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The death penalty is always a violation of the Eighth Amendment.​

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Most state constitutions include a ban on retroactive statutes.​

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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. -Julie is not convicted because to convict her would violate​

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Vague laws violate the due process protections of the Fifth and Fourteen Amendments to the U.S.Constitution.Explain how these laws violate due process protections.​

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Which of the following rights is a fundamental right but is not named in the Constitution?​

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Which of the following categories of expression is not protected by the First Amendment?​

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The Eighth Amendment prohibits cruel and unusual punishment.Discuss the opinions in the following cases regarding the courts application of the prohibition against cruel and unusual punishment to the death penalty.Kennedy v.Louisiana (2008),Atkins v.Virginia (2002),Roper v.Simmons (2005).​

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Which amendments to the Constitution resulted in the void-for-vagueness doctrine?​

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The principle of means that the punishment should fit the crime.​

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According to Griswold v.Connecticut (1965),which of the following describes the constitutional right to privacy?​

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What name is given to offensive,sexually explicit material that is not protected by the First Amendment?​

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The Fifth Amendment to the U.S.Constitution guarantees that the federal government shall not deny any individual life,liberty,or property without of law.​

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Explain how the Constitution protects our right to privacy.Discuss Griswold v.Connecticut (1965),Stanley v.Georgia (1969),and Lawrence v.Texas (2003).​

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What is the definition of preponderance of the evidence?​

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What does an ex post facto law do? What are the two major purposes of banning ex post facto laws?​

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Which of the following is the highest level of proof?​

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Which amendment to the Constitution ensure that people aren't subject to cruel and unusual punishment?​

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In which case did the Supreme Court rule that it violates the Constitution to execute a mentally retarded criminal defendant?​

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