Q&A Hero

Q: After U.S. v. Booker (2005) sentencing guidelines became a. advisory. b. mandatory. c. unconstitutional. d. applicable.

Q: For what crime did the Supreme Court ban the use of the death penalty in Coker v. Georgia (1977)? a. espionage b. treason c. rape of an adult female d. murder

Q: In Robinson v. California (1962), the Supreme Court ruled that a 90-day sentence for drug addiction was a. realistic. b. unreasonable. c. proportionate. d. disproportionate.

Q: The idea that the punishment must fit the crime is the Eighth Amendment principle of a. aggregation. b. proportionality. c. equivocality. d. equal protection.

Q: In what case did the Supreme Court rule that death by electrocution did not violate the cruel and unusual punishment clause? a. In re Kemmler (1890) b. Chambers v. Florida (1940) c. Furman v. Georgia (1972) d. Robinson v. California (1961)

Q: Which Amendment contains the ban on cruel and unusual punishment? a. The Fifth Amendment b. The Sixth Amendment c. The Eighth Amendment d. The Fourteenth Amendment

Q: Which of the following kind of punishments are prohibited by the Eighth Amendment? a. contumacious b. presumptuous c. barbaric d. sumptuous

Q: In what case did the Court apply the Apprendi rule to the U.S. Sentencing Guidelines? a. Penry v. Lynaugh (1989) b. U.S. v. Booker (2005) c. Roper v. Simmons (2005) d. Atkins v. Virginia (2002)

Q: Until what year did the guidelines and mandatory forms of fixed sentencing create only possible cruel and unusual punishment problems? a. 1990 b. 1995 c. 2000 d. 2005

Q: In Stanley v. Georgia (1969), the Supreme Court struck down a statute which made it a crime for an adult to possess what in their own home? a. marijuana b. illegal weapons c. obscene materials d. drug paraphernalia

Q: According to Griswold v. Connecticut (1965), which of the following describes the constitutional right to privacy? a. a part of the liberty protected by due process b. a fundamental right c. required by equal protection d. protected by the Eight and Fourteenth Amendments

Q: Which of the following is protected by the First Amendment? a. obscenity b. flag burning as a political protest c. fighting words d. expression that creates a clear and present danger to compelling government interests

Q: In Barnes v. Glen Theatre, Inc., et al. (1991), the Supreme Court ruled that a state law banning totally nude dancing in public was a. constitutional because it banned only totally nude dancing. b. unconstitutional because nude dancing is expressive conduct. c. unconstitutional because it infringes on free speech. d. constitutional because it furthers a substantial government interest in protecting order and morality.

Q: The void-for-overbreadth doctrine invalidates laws that have what effect on protected expression? a. an unacceptable chilling effect b. an unacceptable retracting effect c. an unacceptable facilitating effect d. an unacceptable excoriating effect

Q: A trial without a jury is called: a. a bench trial b. a jury trial c. a verdict trial d. an unconstitutional trial

Q: What name is given to offensive, sexually explicit material that is not protected by the First Amendment? a. obscenity b. profanity c. libel d. literature

Q: The U.S. Supreme Court took a "hands-off" approach to sentencing procedures until what case? a. Apprendi v. New Jersey (2000) b. Blakely v. Washington (2004) c. U.S. v. Booker (2005) d. Gall v. U.S. (2007)

Q: Which of the following rights is guaranteed by the Fourth Amendment? a. the right to freedom from unreasonable search and seizure b. the right to bear arms c. the right to freedom from cruel and unusual punishment d. the right to free speech

Q: What level of scrutiny are gender classifications subject to under equal protection? a. strict b. heightened c. rational basis d. compelling interest

Q: What is the level of scrutiny that most government classifications (excluding those involving fundamental rights, race, ethnicity, religion, or gender) are subject to under equal protection? a. heightened scrutiny b. strict scrutiny c. the compelling government interest test d. the rational basis test

Q: Equal protection does not require that a. racial classifications be subjected to strict scrutiny. b. everyone, or even all criminals, be treated exactly alike. c. punishments be proportional. d. classifications regarding fundamental rights be subject to strict scrutiny.

Q: Which Amendment to the Constitution contains the Equal Protection clause? a. The First Amendment b. The Fourth Amendment c. The Eighth Amendment d. The Fourteenth Amendment

Q: Because sentencing guidelines are now advisory, appellate review of sentencing decisions is limited to determining whether they are: a. Arbitrary b. Confused c. Reasonable d. Collusive

Q: Which Amendment to the Constitution requires that states provide equal protection of the law? a. The Ninth Amendment b. The Tenth Amendment c. The Thirteenth Amendment d. The Fourteenth Amendment

Q: Which amendments to the Constitution resulted in the void-for-vagueness doctrine? a. The Fourth and Fifth Amendments b. The Fourth and Fourteenth Amendments c. The Fifth and Fourteenth Amendments d. The Fifth and Fifteenth Amendments

Q: What doctrine is concerned with giving individuals fair notice of what is criminal and preventing arbitrary or discriminatory enforcement of laws? a. Proportionality b. void-for-vagueness c. Obscenity d. equal protection

Q: What is the name of a law that criminalizes an act that was innocent when it was committed? a. bill of attainder law b. forfeiture law c. ex post facto law d. bill of particulars

Q: 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? a. the principle of legality b. the principle of comity c. the principle of proportionality d. the principle of reciprocity

Q: What is the standard used by courts of appeal to determine if a sentence is "inside, just outside, or significantly outside the Guidelines range?" a. the constitutional standard b. the abuse-of-discretion standard c. the upward departure standard d. the downward departure standard

Q: The authors of the U.S. Constitution were suspicious of a. the rights of individuals. b. the rights of large groups of voters. c. the power of influential leaders. d. power in the hands of government officials.

Q: The main parts of a case include: title, citation, procedural history, judge, facts, judgment, and opinion. Explain what each of these parts includes as well as how reading cases in the text can help to better understand the law.

Q: What are affirmative defenses? How do the burdens of production and persuasion relate to affirmative defenses?

Q: Define presumption of innocence. What is the importance of the presumption of innocence as it relates to criminal liability?

Q: What behavior deserves criminal punishment? Explain the purposes of criminal punishment (deterrence, incapacitation, rehabilitation)?

Q: What is informal discretionary decision making? In what ways does informal discretionary decision making affect the criminal justice process?

Q: It would be inappropriate to refer to "criminal law," as if it were a singular entity. Why is this? Discuss all that "criminal law" really includes in the U.S.

Q: Define, describe, compare, and contrast common-law crimes and statutory crimes. Be sure to provide examples.

Q: Explain the text-case method including the reason for its name. Also explain the two reasons for applying criminal principles and definitions to specific cases.

Q: Explain the relationship between the general and special parts of criminal law.

Q: Explain the purposes or rationales for punishment and the arguments in favor of each rationale. Include a discussion about current trends in punishment.

Q: Crime that is inherently wrong or evil, like murder and rape, is called mala _______________.

Q: In the real world, criminal liability is the _______________ form of social control.

Q: Crimes are acts deserving of the strongest _______________ and stigma of a society.

Q: In case citations, the ________ number always comes before the title of a reporter and the page always comes immediately after the title.

Q: The text case method stimulates you to think _______________ about legal principles and their application.

Q: Sentencing is a _______________ judicial function.

Q: Affirmative defenses such as justification and excuse place the burden of production or of _______________ on the defendant.

Q: Municipal ordinances often _______________ and overlap state criminal code provisions.

Q: ___________ principles of criminal law apply to many or all crimes.

Q: Retributionists contend that punishment benefits not only _______________ but also criminals.

Q: Proving criminal conduct is necessary to impose criminal liability and punishment.

Q: Violations of federal and state agency rules are called administrative crimes.

Q: State codes frequently use different names for crimes than common law.

Q: Criminal codes evolved from common law.

Q: The general part of criminal law defines specific crimes and arranges them into groups according to subject matter.

Q: The burden of proof for crimes is different than the burden of proof for torts.

Q: Criminal liability is conduct that unjustifiably and inexcusably inflicts or threatens substantial harm to individual or public interests.

Q: The distinction between criminal punishment and treatment is always clear-cut.

Q: A noncriminal wrong is a legal wrong that justifies suing someone and getting money, usually for some personal injury.

Q: Punishments differ widely among the states.

Q: Case citations are summaries of a court's majority opinion.

Q: The majority opinion lays out the established law of the case.

Q: Most criminal law is found in the federal penal code.

Q: Most state criminal codes today include a general part.

Q: Most states have abolished common-law crimes.

Q: Incapacitation restrains convicted offenders from committing further crimes.

Q: Discretionary decision making is decision making that is in plain view.

Q: To qualify as criminal punishment, penalties have to meet four criteria.

Q: City, town, and village governments do not enjoy broad powers to create criminal laws.

Q: After the adoption of the Model Penal Code in 1962, more than forty states changed their criminal codes.

Q: The special part of criminal law consists of principles that apply to more than one crime.

Q: Crimes and torts are similar in that both are sets of rules telling us what we can"t do.

Q: The principle of utility permits only the minimum amount of pain necessary in order to prevent crime.

Q: Classical deterrence theory states that rational human beings won"t commit crimes if they know that the pain of punishment outweighs the pleasure gained from committing crimes.

Q: Determinists reject the free-will assumption that underlies retribution.

Q: Criminal law is only one kind of social control.

Q: The elements of the crime of embezzlement would be found in the general part of the criminal law.

Q: Crimes punishable by more than a year of imprisonment are called felonies.

Q: Crimes and torts are essentially the same, but with different names.

Q: The criminal law is the only form of social control in our society and the only way to hold a person responsible for deviating from social norms.