Exam 12: The Eighth Amendment: Bail, Fines, and Punishment

Recent Gallup Poll results indicate that public support for the death penalty is at an all-time low, with 38 percent approving of its use as a means of punishment in the United States.

Free

(True/False)

4.8/5

(34)

Question 1

Correct Answer:

Verified

False

The monies the defendant in a civil case must pay the plaintiff, beyond compensatory damages, are known as __________________.

Free

(Short Answer)

4.9/5

(33)

Question 2

Correct Answer:

Verified

punitive damages

Discuss the Eighth Amendment rights that are often claimed by prisoners, citing examples.

Free

(Essay)

4.9/5

(35)

Question 3

Correct Answer:

Verified

Eighth Amendment rights violations commonly claimed by prisoners include cruel and unusual punishment (such as overcrowding, solitary confinement, corporal punishment, physical abuse, or use of force), treatment and rehabilitation, the right not to be treated, and the death penalty.

In Helling v. McKinney, a case involving second-hand smoke, the Court ruled in favor of the inmate. The Supreme Court stated that the Nevada Department of Prisons showed deliberate indifference by allowing the inmate to be exposed to second-hand smoke, posing an unreasonable risk to his health. On the other hand,
the Supreme Court ruled in Whitney v. Albers that a prisoner shot in the leg during a riot didn't suffer cruel and unusual punishment, if the action was taken in good faith to maintain discipline and not for the purpose of causing harm.

The Court has ruled that the use of chain gangs represent a violation of the Eighth Amendment.

(True/False)

4.7/5

(39)

Question 4

Bail may be denied in ___________________ and in cases in which the accused has threatened possible trial witnesses.

(Short Answer)

4.8/5

(38)

Question 5

Only _____________________ bail is prohibited by the Constitution.

(Short Answer)

4.9/5

(34)

Question 6

The practice established for individuals who are deemed a threat to society or who are likely to flee is:

(Multiple Choice)

4.8/5

(38)

Question 7

The estimated cost of convicting and executing each offender ranges from 1 to 2 million dollars, compared to the more than 5-million-dollar average for housing an inmate for life without parole.

(True/False)

4.8/5

(33)

Question 8

The Supreme Court established three criteria for ___________________ of sentences; in other words, the punishment must fit the crime.

(Short Answer)

4.8/5

(44)

Question 9

In 1994, 80 percent of the U.S. public supported capital punishment. In 2013, 63 percent of Americans were in favor of the death penalty. A survey of police officers found that 94 percent favored the death penalty, with 96 percent of the police giving (as the primary reason) that it removed a dangerous person from the population. Another reason given was that capital punishment serves as a powerful deterrent to murder. In 2010, 88 percent of the country's top academic criminological societies rejected the notion that the death penalty acts as a deterrent to murder. Do these statistics strongly support the argument that capital punishment is inappropriate in the United States today? Can you suggest an alternate explanation for these statistics?

(Essay)

4.9/5

(32)

Question 10

The use of the services of a bail bond person to post a defendant's bail for a fee is known as _________________.

(Short Answer)

4.7/5

(35)

Question 11

_________________ is defined as the act of pretrial release of a defendant whose promise to return to trial is secured by some form of collateral.

(Short Answer)

4.8/5

(37)

Question 12

The general rule under the Eighth Amendment is that punishments must be:

(Multiple Choice)

5.0/5

(27)

Question 13

In civil lawsuits, punitive damages are designed to punish a wrongdoer and act as a warning to others not to engage in similar conduct. For example, an individual might suffer $10,000 in compensatory damages because of lost wages, but the jury could award $1 million to punish the defendant over and above compensatory damages. The Eighth Amendment prohibits punishment by excessive fines in criminal cases, but not in civil cases involving punitive damages. Therefore, the $1 million judgment in the civil suit would, if imposed as a fine by a judge or jury in a criminal court, likely violate the Eighth Amendment. Do you think this distinction is a relevant one? Why should punishment by the government be considered different than punishment by an individual?

(Essay)

4.8/5

(18)

Question 14

Explain asset forfeiture. Why is it considered in a discussion of the Eighth Amendment?

(Essay)

4.8/5

(34)

Question 15

The use of asset forfeiture by law enforcement has become a means by which a great deal of funding is acquired for prevention programs and equipment.

(True/False)

4.7/5

(32)

Question 16

Until the middle of the nineteenth century, the death penalty was the automatic sentence for a convicted murderer.

(True/False)

5.0/5

(34)

Question 17

___________________ was the landmark case in which the Supreme Court called for a ban on the death penalty, ruling that the law (as it stood) was capricious and, hence, cruel and unusual punishment.

(Short Answer)

4.8/5

(29)

Question 18

While murder tends to be intraracial, the death penalty is imposed more often on convicted murderers when their victims are white.

(True/False)

4.8/5

(28)

Question 19

Asset forfeiture is considered unconstitutional if:

(Multiple Choice)

4.7/5

(39)

Question 20

Showing 1 - 20 of 75

Recent Gallup Poll results indicate that public support for the death penalty is at an all-time low, with 38 percent approving of its use as a means of punishment in the United States.

The monies the defendant in a civil case must pay the plaintiff, beyond compensatory damages, are known as __________________.

Discuss the Eighth Amendment rights that are often claimed by prisoners, citing examples.

The Court has ruled that the use of chain gangs represent a violation of the Eighth Amendment.

Bail may be denied in ___________________ and in cases in which the accused has threatened possible trial witnesses.

Only _____________________ bail is prohibited by the Constitution.

The practice established for individuals who are deemed a threat to society or who are likely to flee is:

The estimated cost of convicting and executing each offender ranges from 1 to 2 million dollars, compared to the more than 5-million-dollar average for housing an inmate for life without parole.

The Supreme Court established three criteria for ___________________ of sentences; in other words, the punishment must fit the crime.

The use of the services of a bail bond person to post a defendant's bail for a fee is known as _________________.

_________________ is defined as the act of pretrial release of a defendant whose promise to return to trial is secured by some form of collateral.

The general rule under the Eighth Amendment is that punishments must be:

Explain asset forfeiture. Why is it considered in a discussion of the Eighth Amendment?

The use of asset forfeiture by law enforcement has become a means by which a great deal of funding is acquired for prevention programs and equipment.

Until the middle of the nineteenth century, the death penalty was the automatic sentence for a convicted murderer.

___________________ was the landmark case in which the Supreme Court called for a ban on the death penalty, ruling that the law (as it stood) was capricious and, hence, cruel and unusual punishment.

While murder tends to be intraracial, the death penalty is imposed more often on convicted murderers when their victims are white.

Asset forfeiture is considered unconstitutional if:

An Historical Overview

An Overview of the Us Legal System

The Us Supreme Court: the Final Word

Equal Protection Under the Law: Balancing Individual, State, and Federal Rights

The First Amendment: Basic Freedoms

The Second Amendment: the Gun Control Controversy

The Fourth Amendment: an Overview of Constitutional Searches and Seizures

Conducting Constitutional Seizures

Conducting Constitutional Searches

The Fifth Amendment: Obtaining Information Legally

The Sixth Amendment: Right to Counsel and a Fair Trial

The Remaining Amendments and a Return to the Constitution

Filters