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Q:
Explain the two different types of freedoms having to do with religion.
Q:
Compare and contrast the three standards of judicial review " strict scrutiny, intermediate scrutiny, and the rational basis test.
Q:
Discuss and debate "symbolic speech" as interpreted by the courts under the First Amendment.
Q:
Briefly relate the history of the early English Common Law, illustrating how it laid the foundation for the United States Constitution.
Q:
Convey the concept of proportionality. To what extent does the U.S. Supreme Court currently recognize proportionality as a component of the Eighth Amendment?
Q:
In no less than one paragraph, compare and contrast due process and crime control values.
Q:
Law made by judicial interpretation of statutes and regulations is called _____________________ law.
Q:
Due process is violated if a practice or rule "offends some principle of justice so rooted in the traditions and conscience or our people as to be ranked as _____________________."
Q:
According to the _____________________ doctrine, double jeopardy does not arise when federal and state courts both have jurisdiction to prosecute.
Q:
The power of the government to acquire private property is called _____________________.
Q:
The Supreme Court of the 1960s made policing the police, as well as state courts, a distinctly federal concern. Today, we refer to this shift in policy as the _____________________ revolution of the 1960s.
Q:
The fundamental privileges and freedoms enjoyed by U.S. citizens are commonly referred to as _____________________.
Q:
The Fourth Amendment's _____________________ requirement stipulates that before an arrest warrant can be issued, the applying officer must produce evidence showing by a fair probability that the specific person named committed a specific offense.
Q:
The _____________________ branch of government creates most of the law of criminal procedure.
Q:
The _____________________ approach held that the Due Process Clause of the Fourteenth Amendment applies rights to state proceedings by considering each right on its own to determine whether the right is fundamental or not.
Q:
Rules and regulations set forth by a government agency that is empowered through statutory law to make such rules are categorized as _____________________ law.
Q:
Article III of the Constitution establishes the structure and power of the federal court system.
a. True
b. False
Q:
The Sixth Amendment provides a right to be represented by counsel only in criminal prosecutions that may result in imprisonment.
a. True
b. False
Q:
The main purpose of the original Constitution was to establish individual liberties and freedoms.
a. True
b. False
Q:
The concepts of due process and equal protection are the same.
a. True
b. False
Q:
Substantive criminal law establishes legal prescriptions and proscriptions, whereas procedural criminal law sets forth the mechanisms through which substantive criminal laws are implemented.
a. True
b. False
Q:
In some situations, a second trial for the same offense is permitted.
a. True
b. False
Q:
An advocate of the crime control model would support increased funding for police and prosecutors and to build more prisons.
a. True
b. False
Q:
All ex post facto laws are retroactive.
a. True
b. False
Q:
The judicial branch of law expounds and interprets the law.
a. True
b. False
Q:
The Constitution, as originally proposed to the States in 1787, contained the Bill of Rights.
a. True
b. False
Q:
The absence of _____ was a substantial impediment to the ratification of the Constitution.
a. a separation clause
b. an entitlement statement
c. tort legislation
d. a Bill of Rights
Q:
The _____ Amendment emphasizes that the Constitution did not intend, by expressly guaranteeing certain rights of the people, to grant the government unlimited power to invade other rights of the people.
a. Ninth
b. Third
c. Seventh
d. Tenth
Q:
Following the Harmelin v. Michigan (1991) decision, the Eighth Amendment proportionality clause was _____.
a. removed
b. found to be broadly applicable
c. found to prevent only grossly disproportionate sentences
d. restricted to length of sentence and criminal fine issues
Q:
Although there is inherent tension between the crime control and due process models, _____.
a. criminal justice has consistently focused more on crime control
b. criminal justice has consistently focused more on due process
c. the relative emphasis on crime control or due process has shifted over time
d. activities during the 1960s caused a marked shift towards crime control
Q:
The _____ Amendment has been used to make many of the provisions of the Bill of Rights applicable to the states.
a. Fourteenth
b. Thirteenth
c. Fifth
d. Fourth
Q:
Cruel and unusual punishment is forbidden by the _____ Amendment.
a. Fifth
b. Seventh
c. Eighth
d. Ninth
Q:
The most significant effect of the Bail Reform Act of 1984 is to _____.
a. imprison those who cannot afford to post money bail
b. presume that bail should be granted while appeals are in process
c. allow consideration of danger to the community posed by the defendant
d. guarantee the defendant's appearance at judicial proceedings
Q:
The primary significance of the Marbury v. Madison decision is that it _____.
a. created the judicial branch of government and asserted its independence
b. declared that it is the duty of the judiciary to expound and interpret the law
c. established the power and authority of the Chief Justice position on the Court
d. applied the provisions in the Bill of Rights to state proceedings
Q:
The right to be free from excessive bail is guaranteed by the _____ Amendment.
a. Sixth
b. Seventh
c. Eighth
d. Tenth
Q:
The _____, issued by the Continental Congress in 1776, contains an explicit statement that individuals have rights that cannot be taken away and that these rights are "self-evident"?
a. Magna Carta
b. Declaration of Independence
c. U.S. Constitution
d. Articles of Confederation
Q:
The right to a speedy and public trial is part of the _____ Amendment.
a. First
b. Second
c. Fourth
d. Sixth
Q:
The essence of "due process" is best described as _____.
a. fairness
b. adversarial
c. timely notice
d. equal protection
Q:
A "due process" clause is found in the _____ Amendments.
a. Second and Fourth
b. Fifth and Eleventh
c. Fourth and Fourteenth
d. Fifth and Fourteenth
Q:
The privilege against self-incrimination applies to compelling a person to _____.
a. appear in a lineup in which all individuals will read a standard script
b. furnish a blood sample which might match that of the perpetrator
c. make a statement which indicates they might be guilty
d. furnish their fingerprints for comparison with the perpetrators
Q:
The accused is placed in jeopardy (i.e., jeopardy attaches) when _____.
a. (s)he is indicted
b. (s)he is arraigned and enters a plea to the indictment
c. the jury is sworn or, in cases tried without a jury, when the judge begins hearing testimony
d. the jury returns a verdict
Q:
Freedom from double jeopardy is guaranteed by the _____.
a. Second Amendment
b. Third Amendment
c. Fourth Amendment
d. Fifth Amendment
Q:
Which of the following is most consistent with the principles of the crime control model?
a. a strong appellate court system with multiple layers of appeals
b. confidence in the police and prosecutors' judgments
c. a skepticism toward the decisions of police and prosecutors
d. opposition to additional resources to build more prisons
Q:
The Fourth Amendment prohibits _____ searches and seizures.
a. unlawful
b. surreptitious
c. unreasonable
d. unwarranted
Q:
The _____ restricts the establishment of any government-sponsored religion.
a. proportionality clause
b. symbolic speech clause
c. free exercise clause
d. probable cause clause
Q:
The right to freedom of speech is considered a fundamental right. In cases involving a fundamental right, the _____ standard of review is used to resolve the case.
a. legitimate regulation
b. intermediate scrutiny
c. strict scrutiny
d. rational basis
Q:
Judicial decisions have made it clear that "speech" goes beyond oral communication, including both artistic expression and _____.
a. violence when warranted
b. symbolic speech
c. unrestrained activity
d. freedom of movement
Q:
The only crime defined in the United States Constitution is _____.
a. attainder
b. ex post facto
c. forfeiture
d. treason
Q:
Ex post facto laws _____.
a. impose punishment by an act of the legislature
b. are retroactive laws which act to the detriment of the accused
c. guarantee that federal crimes, except impeachment, be tried before a jury
d. retroactively enhance the rights of the accused
Q:
If a person in prison believes he or she is being held in violation of the Constitution, they would most likely seek a _____.
a. writ of corpus delicti
b. writ of habeas corpus
c. bill of attainder
d. prima facie case
Q:
Constitutional guarantees against self-incrimination are primarily covered by which amendment?
a. First
b. Fourth
c. Fifth
d. Eighth
Q:
A person has filed a lawsuit on equal protection grounds claiming racial discrimination. Which standard of review will be used to resolve the issue of law?
a. Fair and adequate notification test
b. Strict Scrutiny
c. Intermediate scrutiny
d. Rational Basis Test
Q:
Which doctrine allows the Supreme Court to determine if a law violates the Constitution?
a. habeas corpus
b. posse comitatus
c. certiorari
d. judicial review
Q:
Which branch of the government plays the largest role in protection of individual liberties?
a. Legislative
b. Executive
c. President
d. Judicial
Q:
Which document preceded the current U.S. Constitution in governing the first thirteen states?
a. Articles of Confederation
b. Bill of Rights
c. Magna Carta
d. Declaration of Independence
Q:
Like most constitutional democracies, the justice system in the United States continually experiences a tension between the need to _____ and the need to _____.
a. respect individual rights; maintain public order
b. balance power; maintain public order
c. limit power; allow certain governmental intrusion
d. limit public rights; broaden individual rights
Q:
Describe and critique the Justice Reinvestment Initiative.
Q:
Identify and assess the impact of restrictions on offenders' post-release success.
Q:
Assess the usefulness of community prosecution programs.
Q:
Identify the most influential factors in the success of the Boston Gun Project and explain why such innovative programs can be difficult to replicate.
Q:
Describe the theoretical underpinnings and the basic operating principles of community crime control.
Q:
In his discussion of restorative justice, Braithwaite argues that _____(1)_____ social control has more effect on criminal behavior than ____(2)_____ social control.a. (1) formal (2) informal b. (1) informal (2) formal c. (1) lenient (2) harshd. (1) harsh (2) lenient
Q:
Restorative justice may well be appropriate and effective for whom?
a. a repeat drunk driver
b. a person who kills in self-defense
c. the juvenile delinquent in a middle class neighborhood
d. stranger rape
Q:
The most serious problem with the idea of restorative justice is that
a. it requires tight-knit families and communities which have largely disappeared
b. it is inappropriate for less serious offenses like property crimes
c. it is too expensive to implement on the scale required for it to reduce crime
d. neither victims nor offenders feel good about the results
Q:
The restorative justice movement draws heavily ona. community persecution b. hot spots c. broken windows theoryd. peacemaking traditions
Q:
The Justice Reinvestment Initiative brings together several strands of thinking, including
a. that parole is inefficient and poorly managed
b. that our policy of mass incarceration is characterized by severe racial disparities
c. that only "locking up" criminals will reduce crime
d. that longer prison terms will better reduce crime
Q:
Although _______ vocational programs are the most popular training programs at the New York City Reformatory, all states prohibit convicted felons from working as __________.a. car repair; mechanics b. hair care; barbers c. nursing; nursesd. refrigerator repair; refrigerator technicians
Q:
Denying voting rights to convicted offenders may keep them froma. reducing their likelihood of recidivism b. holding political office c. fully reintegrating into the communityd. engaging in the restorative justice process
Q:
Many states restrict access for recently released offenders to which of the following?a. receiving welfare b. public housing c. votingd. all of the above
Q:
How has the war on drugs provided ex-offenders with a unique barrier to employment?
a. federal law requires states to revoke their drivers' licenses
b. convicted drug offenders are barred from holding jobs in nursing and as barbers
c. parolees are subjected to urinalysis and lose their job if there is evidence of drug use
d. a drug conviction bars parolees from receiving a job referral from his/her parole officer
Q:
Why have parole agencies failed to provide adequate services for parolees soon after release from prison?
a. they want to give offenders time to get on their feet first
b. they do not have the staff or resources to handle their caseloads
c. they need time to process post-release paperwork and parole files
d. all of the above
Q:
Providing post-release services in the first six months after a prisoner's release is known asa. feedback effect b. proactive supervision c. ecometricsd. front-loading
Q:
One reason that prison industries have not succeeded isa. complications involving Social Security and income tax payments b. inmates' lack of free time c. inmates' lack of work experienced. lack of supervision
Q:
American society has ignored recommendations for prison programming because
a. all of the services ex-offenders need are already available
b. of politics and attitudes regarding crime and criminals
c. they have traditionally supported discretionary over mandatory release
d. no research evidence indicates it is important or effective
Q:
Reentry programming embraces the operating principles that guidea. community prosecution and restorative justiceb. broken windows theory and problem-oriented policingc. problem-oriented policing and community prosecutiond. community crime control and restorative justice
Q:
Those who return to the community must overcome a number of issues including?a. illiteracy b. physical and mental health issues c. gainful employmentd. all of the above
Q:
The most important factor in parolees' adjustment to society was found to bea. a job b. family support c. a place to lived. referral to substance abuse treatment
Q:
According to Walker, the most important positive result of community courts is
a. that community members become involved in the community
b. that is rehabilitates minor offenders
c. that the attention to disorder can help revitalize neighborhoods
d. that it deters serious crime
Q:
The ability of community prosecution to reduce serious crime is questionable because
a. it is not implemented as intended
b. it does not get tough on offenders which is what is needed to reduce crime
c. this is a loophole that allows serious offenders to escape prosecution
d. whether focusing on quality-of-life crime reduces serious crime remains unproven
Q:
What did an evaluation of the Midtown Community Court find?
a. sentences involving community service were higher than a comparable court
b. jail sentences were less common than a comparable court
c. average arrest-to-arraignment times were faster than a comparable court
d. all of the above
e. none of the above