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

Question 1

Which of the following has not been used as a legal means of corporal punishment in the United States?

A) hanging
B) a firing squad
C) a gas chamber
D) disembowelment

Answer 1

D

Question 2

Which is not a purpose of bail?

A) to maintain the presumption of innocence
B) to guarantee the appearance of the accused in court
C) to sanction the offender
D) to allow the accused to prepare a defense

Answer 2

C

Question 3

Asset forfeiture is considered unconstitutional if:

A) the owner of a residence or a vehicle is unaware of its illegal use.
B) the forfeiture is grossly disproportionate to the offense.
C) the forfeiture is accompanied by a loss of liberty in violation of double jeopardy.
D) the government converts the asset for public use.

Answer 3

B

Question 4

In 2000, Congress approved this Act, curbing federal law enforcement agencies' asset forfeiture authority and adding due process protections.

A) the Racketeer Influenced and Corrupt Organizations Act
B) the Seized Property Reform Act
C) the Civil Asset Forfeiture Reform Act
D) the Law Enforcement Annexation Act

Question 5

In using the three-drug method of lethal injection, first brought forth in Baze v. Rees, many states have found that obtaining the drugs is extremely difficult, due to public pressure on corporations to refuse to sell the drugs to states practicing the death penalty. Which of the following is a drug of choice used to replace these three-drug cocktails?

A) midazolam
B) diacetylmorphine
C) metoprolol
D) cyclobenzaprine

Question 6

The Bail Reform Act of 1984 established the practice of:

A) preventive detention for people deemed a threat or likely to flee.
B) assigning lawyers the responsibility of seeing that their clients appear when directed.
C) permitting a property bond in lieu of cash.
D) third-party custody.

Question 7

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

A) involuntary commitment.
B) the Bail Reform Act of 1966.
C) preventive detention.
D) protective custody.

Question 8

The definition of cruel and unusual punishment is:

A) established by state referendum.
B) dependent on society.
C) defined in the Eighth Amendment.
D) specifically stated by the Supreme Court.

Question 9

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

A) consistent with international standards.
B) approved by a unanimous jury.
C) proportional or directly related to the case.
D) in adherence with the biblical standard of an eye for an eye.

Question 10

In United States v. Salerno, the Supreme Court stated that __________ under the Bail Reform Act of 1984 did not violate due process or the Eighth Amendment.

A) pretrial release
B) mandatory detention for murderers
C) requiring house arrest for child molesters
D) preventive detention

Question 11

The Supreme Court held that any amount of bail exceeding that necessary to ensure a return to trial violated the Eighth Amendment in:

A) Stack v. Boyle.
B) Gregg v. Georgia.
C) Solem v. Helm.
D) Ingraham v. Wright.

Question 12

Though in the past some states have approved of executing offenders as young as 15, the Supreme Court has held that no one under the age of_______________  when they committed a capital offense shall be sentenced to death.

A) 16
B) 17
C) 18
D) 19

Question 13

The Supreme Court proportionality analysis of sentences includes all of the following, except:

A) the gravity of the offense and the harshness of the penalty.
B) the sentences imposed on other criminals in the same jurisdiction.
C) the sentences imposed for the commission of the same crime in other jurisdictions.
D) the sentences imposed for the commission of the same crime in other jurisdictions.

Question 14

The Eighth Amendment's prohibition against excessive fines:

A) applies to all states, because of the Fourteenth Amendment.
B) applies to all states, because it is an important part of our system of justice.
C) does not apply to any states.
D) does not apply to all states, but does apply to some states.

Question 15

Courts have used all of the following in assessing whether punishment is cruel and unusual, except:

A) whether it shocks the general conscience of a civilized society.
B) whether it is viewed negatively by a majority of society.
C) whether it is unnecessarily cruel.
D) whether it goes beyond legitimate penal aims.

Question 16

In Trop v. Dulles, the Supreme Court held that the standard for determining whether a punishment is cruel and unusual is:

A) socially acceptable practices.
B) evolving standards of decency.
C) evolving social norms.
D) retribution versus rehabilitation.

Question 17

The prohibition against excessive fines:

A) has been incorporated to apply to the states.
B) does not apply in civil cases.
C) limits punitive damages in civil cases.
D) does not apply in criminal cases.

Question 18

The three rights protected by the Eighth Amendment are protection from excessive fines, protection from excessive bail, and:

A) the right to a speedy trial.
B) protection from cruel and unusual punishment.
C) protection from double jeopardy.
D) the right to counsel.

Question 19

The Supreme Court upheld corporal punishment as necessary for the proper education of a child and for the maintenance of group discipline, and not an Eighth Amendment issue, in:

A) United States v. Ursery.
B) Trop v. Dulles.
C) Solem v. Helm.
D) Ingraham v. Wright.

Question 20

Bail is forfeited if:

A) the defendant is found guilty.
B) the defendant is acquitted.
C) the defendant is acquitted.
D) the defendant is acquitted.

Question 21

The Bail Reform Act of 1966 did very little to help indigent defendants who are unable to post bail in the usual monetary manner.

Question 22

The Court has held that "The state itself may impose such corporal punishment as is necessary for the proper education of the child for the maintenance of group discipline."

Question 23

The Supreme Court ruled that capital punishment can only be imposed by a jury, or by a judge following a jury's recommendation, in:

A) Powell v. Alabama.
B) Trop v. Dulles.
C) Brown v. Mississippi.
D) Ring v. Arizona.

Question 24

Antabuse, a drug used in treating alcoholics by causing nausea and vomiting when alcohol is ingested, has been deemed unconstitutional under the Eighth Amendment by the Supreme Court.

Question 25

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

Question 26

Proponents of preventive detention argue that the accused is being punished without trial and that protecting the community is the job of the police, not the purpose of bail.

Question 27

Excessive bail is prohibited by the Constitution.

Question 28

In 2002, in Atkins v. Virginia, the Supreme Court amended its position on capital punishment of the intellectually disabled, holding that it is cruel and unusual punishment (in violation of the Eighth Amendment).

Question 29

In 2000, the Supreme Court deemed the Civil Asset Forfeiture Reform Act unconstitutional, curbing federal law enforcement agencies' asset forfeiture authority.

Question 30

In multiple cases, the Supreme Court has held that California's three-strike laws do not violate the Eighth Amendment.

Question 31

In Jackson v. Indiana (1972), the Supreme Court ruled that the government can detain dangerous defendants who may be incompetent to stand trial.

Question 32

In Wilson v. Seiter, the Supreme Court ruled that prisoners must not only prove prison conditions are objectively cruel and unusual but must also show that the conditions exist because of officials':

A) culpable negligence.
B) deliberate indifference.
C) criminal negligence.
D) willful disregard of the conditions.

Question 33

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.

Question 34

The ancient Greeks, in a much more humane fashion, administered poison from the hemlock tree to execute criminals.

Question 35

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

Question 36

The landmark case in which the Supreme Court called for a ban on the death penalty in Georgia, ruling its law was capricious (and, hence, cruel and unusual punishment) is:

A) Furman v. Georgia.
B) Coker v. Department of Corrections.
C) Gregg v. Georgia.
D) Ford v. Georgia.

Question 37

The FBI administers the Department of Justice's Asset Forfeiture Program by managing and disposing of the properties seized and forfeited by federal law enforcement agencies and U.S. attorneys nationwide.

Question 38

According to the text, what specifically have Arizona, Georgia, and North Carolina eliminated as a potential risk in their prison systems?

A) smoking
B) weight lifting
C) prisoner employment
D) double occupancy in cells

Question 39

Which has not been held to be cruel and unusual punishment?

A) execution of a person under 18, if they committed a capital offense
B) execution of the mentally ill
C) an execution method presenting substantial risk of serious harm to the executors
D) execution by firing squad

Question 40

As a general rule, the Supreme Court has upheld the death penalty for murder, but not for other crimes.

Question 41

Federal courts may deny bail on the basis of danger to the community or of risk to not appear at trial by implementing the practice of ________________.

Question 42

The _________________ Act of 1966 allows judges to consider the defendant's background, family ties, and prior record in setting bail.

Question 43

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

Question 44

_____________________ reimburse the plaintiff for actual harm done (such as medical expenses or lost business).

Question 45

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.

Question 46

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

Question 47

The Eighth Amendment's prohibition against cruel and unusual punishment was not relevant to the overwhelming majority of death penalty cases, until the Supreme Court incorporated it to apply it to the states in the case of ___________________.

Question 48

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

Question 49

More than 200 prisoners have been freed since 1989 because of DNA evidence.

Question 50

Only _____________________ bail is prohibited by the Constitution.

Question 51

The causing of bodily harm through physical force (such as whipping, flogging, or beating) is legally defined as ____________________.

Question 52

The uncompensated government seizure of money and property connected with illegal activity is known as _______________.

Question 53

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

Question 54

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

Question 55

Several methods of carrying out the death penalty have been used over time; however, the method of _________________ has been challenged in federal court

Question 56

In alternative forms of punishment, sex offenders have been treated with ______________, a drug that reduces the sex drive.

Question 57

The Supreme Court held, in _____________, that forfeiture is not double jeopardy, because it is considered a civil sanction rather than an additional criminal action.

Question 58

In Estelle v. Gamble (1976), the Court held that deliberate indifference to prisoners' serious medical needs constitutes unnecessary, wanton infliction of pain.

Question 59

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.

Question 60

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

Question 61

Describe the rights protected by the Eighth Amendment and which, if any, have been incorporated to apply to the states.

Question 62

After the thirteenth prisoner was exonerated in the state of ________________, Governor George Ryan, in January 2000, instituted a moratorium on the death penalty.

Question 63

The Supreme Court has banned the execution of the insane. However, the Supreme Court allowed Arkansas officials to force a convicted murderer to take drugs to make him sane enough to be executed, in Singleton v. Norris (2003). The Supreme Court also held that an inmate who becomes mentally ill while in prison could not be executed, in Ford v. Wainwright (1986). Using the Eighth Amendment's "cruel and unusual" standard, how can you reconcile the decisions in the Arkansas case and in the Ford v. Wainwright case? In one situation, an insane person can be medicated and then put to death, while in the other situation, a person who becomes insane cannot. Beyond the Eighth Amendment, do you think there are any ethical issues raised by the Arkansas case?

Question 64

Posting bail money allows individuals to be released before trial if they promise to return or forfeit the amount of money of the bail bond. Does the system discriminate against the poor? How could it be changed to be a better system?

Question 65

In _________________________, the Court determined that jurors whose opposition to the death penalty is so strong that it would prevent or substantially impair the performance of their duties can be removed.

Question 66

A two-step trial for capital cases-in which the first step is the determination of innocence or guilt, and the second step (if the defendant is found guilty) is the determination of whether to seek the death penalty-is referred to as a _________________ trial.

Question 67

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?

Question 68

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

Question 69

Explain the significance of Whitley v. Albers (1976) in relation to the Eighth Amendment.

Question 70

Discuss capital punishment in the United States-its history, the way that the Supreme Court has viewed it, on whom it may be carried out, and the way that it may be performed.

Question 71

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

Question 72

Explain the purpose of bail, who is eligible for bail, and the criteria considered when calculating the appropriate amount of bail.

Question 73

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?

Question 74

The Court ruled, in ______________________, that prisoners must prove prison conditions are objectively cruel and unusual and show that the conditions exist because of officials' deliberate indifference.

Question 75

___________________ 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.