Deck 6: Victim Rights

Question 1

How did the 1982 President's Task Force on Victims of Crime want to alter the Sixth Amendment of the U.S. Constitution?

Answer 1

No Answer

Question 2

What was the rationale behind this proposed constitutional amendment?

Answer 2

No Answer

Question 3

What is the procedure for amending the United States Constitution?

Answer 3

No Answer

Question 4

What was the opposition to this proposed constitutional amendment?

Question 5

Why did supporters think the proposed Twenty-Sixth Amendment was a better strategy than simply changing the Sixth Amendment?

Question 6

Why was there opposition to the proposed Twenty-Sixth Amendment?

Question 7

Give three reasons why reformers switched their focus from amending the federal constitution to changing state constitutions?

Question 8

What kinds of core rights do state constitutions tend to address?

Question 9

What did the Oklahoma City bombing trial have to do with victim rights?

Question 10

Explain what the Victim Clarification of 1997, reprinted in Box 6.4 of your textbook, accomplished.

Question 11

Take any four protections mentioned in the federal crime victims' bill of rights (see Box 6.5 of your textbook) and explain what each means?

Question 12

What is the importance of Kenna v. U.S. District Court (2006) for victim rights?

Question 13

Why was the case of U.S. v. Wood (2006) an important victory for victim rights?

Question 14

What is the relevance of an ombudsman to victim rights?

Question 15

What recourse do victims have if their rights are violated?

Question 16

What does "allocution" mean?

Question 17

What effect have victim impact statements had?

Question 18

What does the term "aggravating circumstances" mean with respect to death penalty cases?

Question 19

What does the term "mitigating circumstances" mean with respect to death penalty cases?

Question 20

How do "aggravating circumstances" fit in with victim impact statements?

Question 21

Explain the effect that the Booth v. Maryland decision had upon victim impact statements.

Question 22

What argument did Justice Scalia present in his dissent to Booth?

Question 23

How was South Carolina v. Gathers an extension of Booth v. Maryland?

Question 24

What did Justice Scalia comment on in his dissent to the Gathers decision?

Question 25

What happened in the Payne v. Tennessee decision?

Question 26

What issue did Kelly v. California (2008) address?

Question 27

What three concerns are raised by the practice of allowing victim impact statements?

Question 28

What questions still surround victim impact statements?

Question 29

What does your textbook mean by "professionalizing" victim advocacy?

Question 30

How does one become a victim advocate?

Question 31

Use Box 6.7 of your textbook and discuss one ethical standard that concerns the scope of services, one ethical standard that deals with coordinating within the community, and one ethical standard that addresses direct services.

Question 32

What is the purpose of a Victim Rights Amendment?

A) to guarantee victims certain rights when they participate in the criminal's justice system
B) to guarantee victims certain rights when they participate in the civil justice system
C) to guarantee victims certain rights when they participate in victim compensation proceedings
D) to guarantee victims certain rights when they participate in the juvenile justice system
E) to guarantee victims certain rights when they participate in restorative justice practices

Question 33

The President's Task Force on Victims of Crime issued a report in 1982 promoting the addition of a single sentence to the U.S. Constitution that would address victim rights. Which Amendment was the Task Force hoping to change?

A) 4th
B) 6th
C) 14th
D) 19th
E) 26th

Question 34

Which of the following procedures are required when attempting to amend the United States Constitution?

A) A majority of American voters must pass a referendum which then goes to Congress for approval.
B) A majority of American voters in a majority of the states must pass a referendum which then goes to Congress for approval.
C) The Electoral College must pass a resolution which then goes to Congress for approval.
D) Three-quarters of the states must ratify a resolution already approved by Congress.
E) A majority of American voters must approve a resolution already passed by Congress.

Question 35

Rather than trying to add language about victim rights to an already existing federal amendment, reformers eventually proposed a completely separate and free-standing constitutional amendment. Which of the following was NOT a reason for this switch?

A) A separate amendment that dealt only with victims would make the issue less confusing and less objectionable.
B) Victim rights would not hinge upon offender rights.
C) The new language was broader and more inclusive.
D) Victims had lobbied against the earlier proposal.
E) It did not tamper with any rights of the accused.

Question 36

Victim rights reformers eventually decided to abandon their efforts to revise the federal constitution and to concentrate instead on state constitutional reform. Which of the following was NOT a reason for this switch?

A) It would generate greater interest and gain more local support.
B) It would help enforce victim rights provisions already in effect.
C) Because state constitutions already protected criminals, it was reasonable to extend a similar courtesy to victims.
D) American voters had already rejected the proposed Victim Rights Amendment in two previous federal elections.
E) There was substantial resistance to changing the federal constitution.

Question 37

Which of the following events during the mid-1990s rekindled interest in a Victim Rights Amendment being added to the federal constitution?

A) Booth v. Maryland
B) the Oklahoma City bombing case
C) South Carolina v. Gathers
D) an Executive Order issued by the President of the United States
E) efforts to outlaw hate crimes

Question 38

Which of the following items is absent from the federal crime victim "Bill of Rights"?

A) the right for a victim to veto a jury's verdict
B) the right for a victim to be notified of court proceedings
C) the right for a victim to be present at all public court proceedings
D) the right for a victim to receive restitution
E) the right to for a victim to receive information about conviction, sentencing, imprisonment, and release of the offender

Question 39

Which of the following is NOT a valid criticism of victim rights legislation?

A) The exercise of these rights may exacerbate harm to the victim.
B) These measures have brought increased workloads for system workers.
C) The exercise of these rights automatically opens up several avenues of appeal for convicted criminals.
D) Victims have very little recourse if the prosecutor does not comply with his or her rights.
E) The exercise of these rights may cause some delays in the court process.

Question 40

Aggravating circumstances render a crime more heinous or despicable.

Question 41

Which of the following U.S. Supreme Court decisions deals with victim impact statements?

A) Miranda v. Arizona
B) Payne v. Tennessee
C) Simon & Schuster v. Members of the New York State Crime Victims Board et al.
D) Gregg v. Georgia
E) In re Winston

Question 42

To which of the following items does "allocution" refer?

A) a death penalty practice
B) a sanction against prosecutors who do not abide by victim rights legislation
C) a victim compensation hearing
D) an orally delivered victim impact statement
E) the criminal appeal process

Question 43

A victim impact statement has four benefits. Which of the following is NOT one of those benefits?

A) includes an automatic payment provision for lawyer fees
B) provides information to the judge
C) has therapeutic benefits for victims
D) lets a defendant know how the crime has harmed the victim
E) ensures that the sentencing process is viewed as fair

Question 44

Which of the following does NOT belong on this list?

A) aggravating circumstances
B) mitigating circumstances
C) inflammatory statement
D) unduly prejudicial
E) writ of mandamus

Question 45

Which of the following would be considered an "aggravating circumstance"?

A) low IQ
B) a history of being abused as a child
C) having a prior record as a sexual predator
D) being under extreme mental duress at the time of the incident
E) none of the above represent an aggravating circumstance

Question 46

Which of the following U.S. Supreme Court cases upheld the introduction of victim impact statements in capital cases?

A) Booth v. Maryland
B) Gregg v. Georgia
C) South Carolina v. Gathers
D) Payne v. Tennessee
E) In re Gault

Question 47

Amending the Constitution requires a unanimous vote in the Senate and three-fifths of states to ratify.

Question 48

The passage of Marsy's Law in various states is a way to amend state constitutions to add victims' rights to the constitutions.

Question 49

A writ of mandalorian asks a higher court to order a lower court to act upon or refrain from upholding the petitioner's rights.

Question 50

An ombudsman is a neutral party who provides a checks-and-balances function and cuts through bureaucratic red tape in an effort to rectify problems or resolve disputes expeditiously.

Question 51

Victim impact statements must be orally presented to the court at sentencing.

Question 52

Allocution is one way a state can carry out a capital punishment sentence.

Question 53

Most victims provide impact statements.

Question 54

Mitigating circumstances, like mental illness, are factors that make a crime somewhat more understandable.

Question 55

Aggravating circumstances render a crime more heinous or despicable.

Question 56

In Booth v. Maryland, the Supreme Court ruled that victim impact statements were mandatory in capital sentencing deliberations.

Question 57

Payne v. Tennessee found that courts are not required to suppress a victim impact statement in a capital punishment case.