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Question
CASE 14.3A South Carolina inmate serving a twenty-five-year sentence for second-degree murder was recently diagnosed as HIV-positive. He had argued for years that he should be tested and believed the correctional facility did very little to accommodate this request. Given this information, answer the following questions.
Using the argument that the correctional facility's denial of his right to be tested for HIV constituted cruel and unusual punishment, which Amendment did the inmate use as a basis for a lawsuit?
a. First Amendment
b. Fourth Amendment
c. Seventh Amendment
d. Eighth Amendment
Answer
This answer is hidden. It contains 1 characters.
Related questions
Q:
AFIS is a (n):
a. National database of DNA records.
b. Computerized fingerprint system.
c. Automated stolen vehicle database.
d. Continually updating fugitive identification system.
Q:
Which of the following is not a mission of the U.S. Secret Service?
a. Investigate counterfeiting and other financial crimes, including financial institution fraud,identity theft and computer fraud.
b. Investigate threats against protected officials.
c. Protect the President and Vice-President.
d. Conduct and coordinate international investigations involving transnational criminalorganizations responsible for the illegal movement of people, goods, and technology intoand out of the United States
Q:
The _______________ was created in 1929 by President Herbert Hoover to study the U.S.criminal justice system and make recommendations for improvement.
a. Criminal Justice Institute
b. National Institute of Justice
c. Law Enforcement Assistance Administration
d. Wickersham Commission
Q:
English police officers are known as bobbies because:
a. The tails of the horses they rode were cut short (bobbed).
b. Sir Robert (Bobbie) Peel was responsible for their creation.
c. The first name Robert and its accompanying nickname Bobbie were extremely commonamong the first generation of English police.
d. They were paid in shillings, for which the slang term was "bob."
Q:
What was the name of the organized private police that patrolled in eighteenth-centuryEngland?
a. Constables
b. Shire reeves
c. Bobbies
d. Thief takers
Q:
Discuss the seven goals of substantive criminal law.
Q:
In your opinion, which Amendment of the Bill of Rights related to criminal procedure is most important to the operation of the criminal justice system? Why?
Q:
Discuss the historical development of criminal law in the United States.
Q:
_________________________ due process seeks to ensure that no person will be deprived of life, liberty, or property without legal process.
Q:
_________________________ due process refers to a citizen's rights to be protected from biased, discriminatory, or unfair criminal laws.
Q:
In common law, offenses that are by their own nature evil, immoral, and wrong, are referred to as ____________________.
Q:
The ____________________ Amendment guarantees a public trial by an impartial jury.
Q:
Laws should be written in language that is both clear and precise so as to avoid confusion.
a. True
b. False
Q:
Self-defense as a justification requires imminent danger and an inability to escape from the attacker.
a. True
b. False
Q:
Insanity is a justification defense.
a. True
b. False
Q:
CASE 4.2
Adam is a 16-year-old who has a history of strange behavior. He is now being homeschooled by his mother because he has a difficult time relating to his peers. His psychologist has diagnosed him with bipolar disorder. One afternoon, Adam goes to the high school that he once attended. He brings his father's revolver and attempts to shoot a few of his former classmates and a teacher. He misses all of his targets and flees the school. He is later apprehended in his home when the principal is able to identify him through the school's video surveillance.
Adam's lawyer attempts to have Adam's confession thrown out of the criminal trial as evidence because he believes the confession was obtained unfairly. Which amendment will Adam's lawyer use to argue against the use of his confession?
a. Fourth
b. Fifth
c. Sixth
d. Eighth
Q:
CASE 4.2
Adam is a 16-year-old who has a history of strange behavior. He is now being homeschooled by his mother because he has a difficult time relating to his peers. His psychologist has diagnosed him with bipolar disorder. One afternoon, Adam goes to the high school that he once attended. He brings his father's revolver and attempts to shoot a few of his former classmates and a teacher. He misses all of his targets and flees the school. He is later apprehended in his home when the principal is able to identify him through the school's video surveillance.
In the jurisdiction where Adam is being charged with attempted murder, they use the Irresistible Impulse test in determining insanity. What are the requirements of the Irresistible Impulse test?
a. The defendant could not tell "right from wrong."
b. The defendant did know that his actions were illegal, but because of a mental impairment, he couldn"t control his behavior.
c. The unlawful act was the product of mental illness.
d. There is a lack of substantial capacity to control one's behavior.
Q:
If a police officer shoots an armed suspect, which defense is the most appropriate to use?
a. Duress
b. Necessity
c. Law enforcement
d. Entrapment
Q:
During their investigation of the murder of Carl's wife, the police conduct a search of Carl's home without first procuring a warrant. Carl asserts that the police search was unlawful and a violation of which type of law?
a. Substantive criminal law
b. Procedural criminal law
c. Civil law
d. Public law
Q:
Which element of a crime is not required for strict liability crimes?
a. Stare decisis
b. Mala in se
c. Mens rea
d. Actus reus
Q:
Which defense would be most applicable to the situation of a bank employee forced to divert funds into a special account by criminals who are holding her family hostage?
a. Duress
b. Entrapment
c. Necessity
d. Consent
Q:
When an offender is charged with a crime for which the government failed to make enactment of the crime public, this is the defense of:
a. Justification.
b. Ignorance or mistake.
c. Entrapment.
d. Necessity.
Q:
Criminal negligence is a form of:
a. Stare decisis.
b. Mala in se.
c. Mens rea.
d. Actus reus.
Q:
Which early legal charter was formulated because previously unwritten legal codes gave arbitrary andunlimited power to the wealthy?
a. Code of Hammurabi
b. Mosaic Code
c. Roman Twelve Tables
d. U.S. Code
Q:
Cesare Lombroso's views on crime causation were discredited.
a. True
b. False
Q:
Studies show that high serotonin levels are linked with poor impulse control andhyperactivity.
a. True
b. False
Q:
Disinhibition is when adults are viewed as being rewarded for violence and when violence is seen as socially acceptable.
a. True
b. False
Q:
In recent years there has been increased interest in the biology of crime, including biochemical, neurological, evolutionary, and genetic concerns.
a. True
b. False
Q:
Which of the following is not one of the four primary factors linked to prosecutorial decision making?
a. System factors
b. Case factors
c. Disposition factors
d. Situational factors
Q:
Which is the county prosecutor who is charged with bringing offenders to justice and enforcing the criminal laws of the state?
a. U.S. attorney general
b. Chief legal officer
c. District attorney
d. State investigative attorney