Deck 2: Limitations on the Criminal Law

Question 1

The U.S. Constitution divides governmental authority into three branches. Which one is NOT a branch of the U.S. government?

A) Executive.
B) Legislative.
C) Jurisdictive.
D) Judicial.

Answer 1

Jurisdictive.

Question 2

The ________ test states the law must be "narrowly tailored"to serve a "compelling"government interest.

A) Strict Scrutiny.
B) Intermediate Scrutiny.
C) Rational Basis.
D) Balanced Basis.

Answer 2

Strict Scrutiny.

Question 3

This test is used under the Equal Protection Clause of the Fourteenth Amendment for classifications based on race.

A) Strict Scrutiny.
B) Intermediate Scrutiny.
C) Rational Basis.
D) Balanced Basis.

Answer 3

Strict Scrutiny.

Question 4

This test is used under the Equal Protection Clause of the Fourteenth Amendment for classifications based on gender.

A) Strict Scrutiny.
B) Intermediate Scrutiny.
C) Rational Basis.
D) Balanced Basis.

Question 5

This test is used under the Equal Protection Clause of the Fourteenth Amendment for classifications which are not based on race or gender.

A) Strict Scrutiny.
B) Intermediate Scrutiny.
C) Rational Basis.
D) Balanced Basis.

Question 6

Assume that a state decides to define a juvenile as someone under the age of 16, not the usual 18. Assume further that a 17-year-old committed robbery before the change. To suddenly try him or her as an adult could constitute a (n) ________ violation.

A) Malum prohibitum.
B) Malum in se.
C) Stare decisis.
D) Ex post facto.

Question 7

This Supreme Court case raises the issue of whether an ex post facto violation occurs when the punishment scheme for an offense is altered after its commission.

A) Keeler v. Superior Court.
B) Lynce v. Matthis.
C) Garner v. Jones.
D) Winters v. New York.

Question 8

A law will be ________ if it prohibits action that is protected by the Constitution.

A) Void for vagueness.
B) Void for nebulousness.
C) Void for overbreadth.
D) Void for equal protection.

Question 9

Overbreadth cases frequently involve the ________ Amendment, which protects the freedom of religion, assembly, and speech.

A) First.
B) Second.
C) Fifth.
D) Eighth.

Question 10

________ is defamation by the written or printed word.

A) Slander.
B) Group Libel.
C) Libel.
D) Seditious Speech.

Question 11

________ is defamation by the spoken word.

A) Slander.
B) Group Libel.
C) Libel.
D) Seditious Speech.

Question 12

________ is an attack on the good reputation of another.

A) Slander.
B) Group Libel.
C) Defamation.
D) Libel.

Question 13

________ advocates rebellion against the government.

A) Slander.
B) Group Libel.
C) Libel.
D) Seditious Speech.

Question 14

This Supreme Court case decided that the death penalty, as it was being carried out at the time, was unconstitutional.

A) Furman v. Georgia.
B) Atkins v. Virginia.
C) Roper v. Simmons.
D) Coker v. Georgia.

Question 15

This Supreme Court case determined that the death penalty is not permitted for the rape of an adult.

A) Furman v. Georgia.
B) Atkins v. Virginia.
C) Roper v. Simmons.
D) Coker v. Georgia.

Question 16

This Supreme Court case determined that the death penalty is not permitted for the rape of a juvenile.

A) Gregg v. Georgia.
B) Atkins v. Virginia.
C) Kennedy v. Louisiana.
D) Coker v. Georgia.

Question 17

This Supreme Court case determined that a mentally retarded convicted defendant cannot be executed.

A) Atkins v. Virginia.
B) Roper v. Simmons.
C) Coker v. Georgia.
D) Kennedy v. Louisiana.

Question 18

This Supreme Court case determined that if the defendant is under the age of eighteen when they commit the capital crime, they cannot be executed.

A) Furman v. Georgia.
B) Atkins v. Virginia.
C) Roper v. Simmons.
D) Coker v. Georgia.

Question 19

Which Amendment to the U.S. Constitution addresses the issue of double jeopardy?

A) First.
B) Second.
C) Fifth.
D) Eighth.

Question 20

For double jeopardy purposes, which is NOT considered a separate sovereign?

A) The Federal Government.
B) Counties within the same State.
C) Each State Government.
D) Each Native American Tribe.

Question 21

Early English common law contains the foundations of the modern-day double jeopardy. The rule of ________ prohibited the retrial of a defendant who was found not guilty.

A) Autrefois acquit.
B) Malum prohibitum.
C) Malum in se.
D) Autrefois convict.

Question 22

There are four main exceptions to the Blockburger rule. Which is NOT one of the exceptions?

A) Conduct Committed after the First Prosecution.
B) Defense Plea Bargains over the Prosecution's Objection.
C) Court Case is Dismissed by the Judge but the Defendant is not Acquitted.
D) Court Hearing the First Offense Lacks Jurisdiction.

Question 23

Indirect protections are more concerned with the criminal law itself than they are with the treatment of individuals.

Question 24

The courts presume that all laws are constitutional.

Question 25

The federal government's law-making authority is limited.

Question 26

The government is not required to treat everyone exactly the same.

Question 27

First degree murder is fundamentally equivalent to negligent homicide.

Question 28

It is legal to punish someone for an action that wasn't illegal when it was committed.

Question 29

Similar to ex post facto prohibition, there are specific constitutional provisions that ban overly vague laws.

Question 30

The equal protection requirement, the ban on ex post facto laws, and the ban on overly vague statutes apply to some criminal laws some of the times.

Question 31

The Supreme Court has sanctioned bans on freedom of speech.

Question 32

Both the federal government and the states are bound by this constitutional limitation of cruel and unusual punishment.

Question 33

In Furman v. Georgia, the Supreme Court held that the death penalty itself constitutes cruel and unusual punishment.

Question 34

It is unconstitutional to execute a mentally retarded murderer.

Question 35

The Supreme Court has declared that the Fifth Amendment's protection against double jeopardy is not a fundamental right.

Question 36

An individual who is acquitted in criminal court cannot be charged in civil court for the same action.

Question 37

If a defendant successfully appeals a criminal conviction or otherwise succeeds in overturning a conviction, he or she may not be re-prosecuted in a new trial.

Question 38

Procedural protections that hail from the U.S. Constitution are known as ________ protections.

Question 39

Whenever federal and state laws are at odds, the ________ law supersedes.

Question 40

The rational basis test is used under the Equal Protection Clause of the Fourteenth Amendment for ________.

Question 41

The ex post facto law is a law enacted to ________ punish behavior.

Question 42

A constitutional doctrine based on the Fifth and ________ Amendments requiring that the laws be written with sufficient clarity and specificity.

Question 43

________ speech is that which advocates rebellion against the government.

Question 44

Guided discretion laws are laws that provide for the death penalty based on weighing aggravating and ________ circumstances.

Question 45

If a defendant is under the age of ________ when they commit a capital crime, they cannot be executed.

Question 46

Double jeopardy prevents a second ________ for the same offense.

Question 47

Double jeopardy does not apply when the court hearing the first offense lacks ________ to try the second offense.

Question 48

Match each term related to separation of powers with its definition.

-Federalism

A) A legal principle stating that a defendant cannot be convicted of a crime unless there is specific legislation making it illegal and defining the potential punishment.
B) A system of government that lacks a strong central authority.
C) A system of government where power is constitutionally divided between a central governing body and various constituent units.
D) A legal principle requiring that any ambiguity in a statue should benefit the defendant, not the government.

Question 49

Match each term related to separation of powers with its definition.

-Principle of Legality

A) A legal principle stating that a defendant cannot be convicted of a crime unless there is specific legislation making it illegal and defining the potential punishment.
B) A system of government that lacks a strong central authority.
C) A system of government where power is constitutionally divided between a central governing body and various constituent units.
D) A legal principle requiring that any ambiguity in a statue should benefit the defendant, not the government.

Question 50

Match each legal term with its explanation.

-Equal Protection Clause

A) A principle found in the Fifth Amendment that prevents an individual from being charged twice for the same crime.
B) A constitutional principle requiring that laws do not infringe on constitutionally protected behavior.
C) A constitutional doctrine based on the Fifth and Fourteenth Amendments requiring that the laws be written with sufficient clarity and specificity.
D) The Eighth Amendment prohibits barbaric punishment and disproportionate sentencing.
E) A clause in the Fourteenth Amendment requiring that the government justify any differential treatment on the basis of race, gender, age, sexual orientation, or other characteristic with a state interest.
F) A law enacted to in order to retroactively punish behavior.

Question 51

Match each legal term with its explanation.

-Ex Post Facto law prohibition

A) A principle found in the Fifth Amendment that prevents an individual from being charged twice for the same crime.
B) A constitutional principle requiring that laws do not infringe on constitutionally protected behavior.
C) A constitutional doctrine based on the Fifth and Fourteenth Amendments requiring that the laws be written with sufficient clarity and specificity.
D) The Eighth Amendment prohibits barbaric punishment and disproportionate sentencing.
E) A clause in the Fourteenth Amendment requiring that the government justify any differential treatment on the basis of race, gender, age, sexual orientation, or other characteristic with a state interest.
F) A law enacted to in order to retroactively punish behavior.

Question 52

Match each legal term with its explanation.

-Void for Vagueness Doctrine

A) A principle found in the Fifth Amendment that prevents an individual from being charged twice for the same crime.
B) A constitutional principle requiring that laws do not infringe on constitutionally protected behavior.
C) A constitutional doctrine based on the Fifth and Fourteenth Amendments requiring that the laws be written with sufficient clarity and specificity.
D) The Eighth Amendment prohibits barbaric punishment and disproportionate sentencing.
E) A clause in the Fourteenth Amendment requiring that the government justify any differential treatment on the basis of race, gender, age, sexual orientation, or other characteristic with a state interest.
F) A law enacted to in order to retroactively punish behavior.

Question 53

Match each legal term with its explanation.

-Void for Overbreadth Doctrine

A) A principle found in the Fifth Amendment that prevents an individual from being charged twice for the same crime.
B) A constitutional principle requiring that laws do not infringe on constitutionally protected behavior.
C) A constitutional doctrine based on the Fifth and Fourteenth Amendments requiring that the laws be written with sufficient clarity and specificity.
D) The Eighth Amendment prohibits barbaric punishment and disproportionate sentencing.
E) A clause in the Fourteenth Amendment requiring that the government justify any differential treatment on the basis of race, gender, age, sexual orientation, or other characteristic with a state interest.
F) A law enacted to in order to retroactively punish behavior.

Question 54

Match each legal term with its explanation.

-Cruel and Unusual Punishment Provision

A) A principle found in the Fifth Amendment that prevents an individual from being charged twice for the same crime.
B) A constitutional principle requiring that laws do not infringe on constitutionally protected behavior.
C) A constitutional doctrine based on the Fifth and Fourteenth Amendments requiring that the laws be written with sufficient clarity and specificity.
D) The Eighth Amendment prohibits barbaric punishment and disproportionate sentencing.
E) A clause in the Fourteenth Amendment requiring that the government justify any differential treatment on the basis of race, gender, age, sexual orientation, or other characteristic with a state interest.
F) A law enacted to in order to retroactively punish behavior.

Question 55

Match each legal term with its explanation.

-The Double Jeopardy Prohibition

A) A principle found in the Fifth Amendment that prevents an individual from being charged twice for the same crime.
B) A constitutional principle requiring that laws do not infringe on constitutionally protected behavior.
C) A constitutional doctrine based on the Fifth and Fourteenth Amendments requiring that the laws be written with sufficient clarity and specificity.
D) The Eighth Amendment prohibits barbaric punishment and disproportionate sentencing.
E) A clause in the Fourteenth Amendment requiring that the government justify any differential treatment on the basis of race, gender, age, sexual orientation, or other characteristic with a state interest.
F) A law enacted to in order to retroactively punish behavior.

Question 56

Compare and contrast the law of legality and the law of lenity.

Question 57

Describe the Fourteenth Amendment's equal protection clause including how the determination is made whether a statue violates the Equal Protection Clause.

Question 58

Compare and contrast libel, group libel, slander, defamation, and seditious speech.

Question 59

Identify the factors the courts must consider when deciding what length of term is appropriate, in determining whether a long prison term violates the Eighth Amendment. Identify which factors is the most important.

Question 60

Define the Blockburger rule. Identify and explain the four situations in which double jeopardy protection does not apply.

Question 61

The drug trade from Central and South America is causing a dramatic increase in criminal activity in New Mexico. The New Mexico legislature wants to take action. They pass a statute with this language: "Any person found transporting illegal substances, including but not limited to, heroin, cocaine and marijuana, into New Mexico will be punished to the full extent of the law."Is this criminal statute enforceable? Why or why not?

Question 62

There are six constitutional limits on the criminal law. Which limit most often applies to obscenity laws and those dealing with loitering and vagrancy statues? Identify and define the constitutional limit and explain why it best applies.