Deck 2: Criminal Liability

Question 1

Which amendment prohibits cruel and unusual punishment?

A) The Eight Amendment.
B) The Fifth Amendment.
C) The Seventh Amendment.
D) The Due Process Clause.

Answer 1

The Eight Amendment.

Question 2

Which of the following acts are prohibited from being considered crimes under the Eighth Amendment to the Constitution?

A) The selling of drugs.
B) The purchasing of drugs for personal use.
C) The addiction to drugs.
D) Both B and C.

Answer 2

The addiction to drugs.

Question 3

Jurisdiction is defined as:

A) The power of a court to exercise authority over the subject matter of the dispute.
B) The power of a court to exercise authority over the parties.
C) The power of a court to issue rulings that must be obeyed by all the parties.
D) Both A and B

Answer 3

Both A and B

Question 4

In Stanley v. Georgia, the United States Supreme Court held that:

A) possession of obscene material even in the privacy of one's own home is criminal.
B) possession with the intent to sell obscene material from one's own home is criminal.
C) possession of obscene material in the privacy of one's own home cannot be made criminal.
D) possession of obscene material in a store with the intent to sell to the public is a crime.

Question 5

Which of the following is not an aspect of the principle of legality?

A) To prevent the government from punishing a person for conduct that was lawful when it was performed.
B) The prohibition against bills of attainder.
C) The government must give prior notice of what it considers a crime.
D) Both A and C.

Question 6

Suspect classifications may be based upon which of the following?

A) Race.
B) Religion.
C) Gender.
D) All of the above.

Question 7

The purpose behind the prohibition against double jeopardy is:

A) to allow the government a chance to convict the defendant if the evidence is beyond a reasonable doubt.
B) To protect a person from the harassment of multiple trials.
C) to protect a person against self-incrimination.
D) to allow the government to prove the defendant committed the crime.

Question 8

Which of the following is not a restriction on governmental conduct as it pertains to the prohibition against double jeopardy?

A) It protects an accused from being prosecuted for the same offense after a
Conviction.
B) It protects an accused from multiple punishments for the same criminal conduct.
C) It protects the accused's right against self-incrimination
D) It restricts the state from prosecuting an accused for the same offense after an acquittal.

Question 9

The principle of legality sets limitations on:

A) police power.
B) the formulation, creation, and interpretation of criminal law.
C) judicial power.
D) legislative power.

Question 10

The prohibition against cruel and unusual punishment is contained in the:

A) Fifth Amendment.
B) Eighth Amendment.
C) Tenth Amendment.
D) Fourteenth Amendment.

Question 11

Most criminal statutes must necessarily be:

A) mean.
B) unfair.
C) vague.
D) harsh.

Question 12

Jurisdiction is the power of a court to exercise power over:

A) the defendant and the victim.
B) the victim and the crime.
C) the crime and the punishment.
D) the defendant and the crime.

Question 13

Most federal criminal statutes are based upon:

A) the interstate commerce clause.
B) the Eighth Amendment.
C) the Due Process clause.
D) the Fourteenth Amendment.

Question 14

The Constitution recognizes an independent right of privacy that protects citizens from:

A) public figures.
B) socially harmful conduct.
C) undue government encroachment.
D) common law crimes.

Question 15

Equal protection of the law ensures people:

A) are treated substantially equal.
B) are treated exactly equal.
C) are treated equal based upon their sex and race.
D) are treated equal based upon their sex, race, and age.

Question 16

What was the holding in Robinson v. California?

A) Drug addiction was comparable to a disease and therefore was not a crime.
B) The California statute prohibiting the addiction to narcotics was constitutional.
C) Because illegal narcotic use or purchase was required for addiction, addiction is a criminal act.
D) Robinson's only criminally punishable offense, according to the Eighth Amendment, was the sale of illegal narcotics.

Question 17

What is the limitation on law vagueness?

A) When protection of law-abiding persons is difficult.
B) When reasonable people must guess at the meaning of the law.
C) When the defendant believes it is vague.
D) When the court rules it is vague.

Question 18

The majority of criminal laws in the United States are made by whom?

A) Congress.
B) The Supreme Court.
C) State Legislatures.
D) Cities, counties, and local authorities.

Question 19

The Constitution prohibits ex post facto laws. This means what?

A) Charges brought against those who are medically unfit for trial.
B) Laws which are retroactive.
C) A law which, by its nature, violates the Eighth Amendment.
D) A law which is unspecific.

Question 20

Protection from double jeopardy is contained in the:

A) Fourteenth Amendment
B) Tenth Amendment
C) Eighth Amendment
D) Fifth Amendment

Question 21

The Supreme Court has limited the amount and type of punishment that may be inflicted as well as limiting the legislature's ability to make certain conduct criminal.

Question 22

The Supreme Court has upheld the right of a state to charge an addict with the crime of being addicted to drugs.

Question 23

Jurisdiction over the subject matter refers to the power of the court to decide matters pertaining to the defendant.

Question 24

Under the principles set forth in Stanley v. Georgia, while it may not be a crime to possess obscene matters in your own home, the state can make it a crime to possess such material with the intent to sell it to the general public.

Question 25

One of the aspects of the principles of legality is to allow the government to punish a person for conduct that was lawful when it was performed but is now criminal.

Question 26

The Bill of Rights protects the people from their government.

Question 27

The Due Process Clause of the Fourteenth Amendment protects citizens from actions by state governments.

Question 28

Jurisdiction addresses the issue of power over the defendant and the crime.

Question 29

Venue addresses the issue of the defendant's trial by jury.

Question 30

The majority of criminal laws in the United States are federal criminal laws.

Question 31

A social harm is a necessary element for a criminal act.

Question 32

An ex post facto law is a special law that declares a specific person to be guilty of a specific crime, without a trial.

Question 33

Equal protection of the law means all persons must be treated exactly the same.

Question 34

Double jeopardy prevents a person from being convicted after being acquitted.

Question 35

The right to privacy is an essential element of the Constitution.

Question 36

The right to privacy applies to all citizens, including "public figures."

Question 37

The Constitutional right to privacy allows for criminal conduct inside a person's residence.

Question 38

A criminal act must be considered as immoral and harmful conduct.

Question 39

Unless the legislature makes a certain conduct a crime, none has been committed.

Question 40

A statute which treats males and females differently is always a violation of the equal protection clause.

Question 41

The first ___ amendments of the U.S. Constitution contain protections for individuals.

Question 42

The Supreme Court has used the Due Process Clause of the ___ Amendment to apply to the states most of the Bill of Rights limitations on governmental actions.

Question 43

Most criminal trials take place in ___ courts.

Question 44

The Papachristou v. City of Jacksonville held that a statute is void if it is ______.

Question 45

Social harm involves the proposition that, before an act may be declared a crime, there must be some harm to ___ resulting from the commission of the act.

Question 46

Stanley v. Georgia addressed the issue of the constitutional right to ____.

Question 47

In Robinson v. California, the Supreme Court held that the prohibition in the ____ Amendment against cruel and unusual punishment not only limits the amount and types of punishment that may be inflicted, it also limits the legislative authority to make some conduct criminal.

Question 48

For ____ jeopardy to apply, the prosecution must be for the same offense as that involved in the earlier proceeding

Question 49

The power of a court to exercise its authority over the subject matter or person is known as the court's ____.

Question 50

The "right to privacy" is not explicitly guaranteed by the U.S. ____.

Question 51

Match words with associated meaning, concepts, issues or principles

-No person may be tried twice for same offense.

A) venue
B) bill of attainder
C) Bill of Rights
D). double jeopardy
E) equal rights protection
F) Right to privacy
G) . Jessica's law
H) Fifth Amendment
I) . ex post facto
J) . social harm

Question 52

Match words with associated meaning, concepts, issues or principles

-A constitutional right that is not explicitly guaranteed by the U.S. Constitution.

A) venue
B) bill of attainder
C) Bill of Rights
D). double jeopardy
E) equal rights protection
F) Right to privacy
G) . Jessica's law
H) Fifth Amendment
I) . ex post facto
J) . social harm

Question 53

Match words with associated meaning, concepts, issues or principles

-A term that refers to the geographic location where a trial should be held.

A) venue
B) bill of attainder
C) Bill of Rights
D). double jeopardy
E) equal rights protection
F) Right to privacy
G) . Jessica's law
H) Fifth Amendment
I) . ex post facto
J) . social harm

Question 54

Match words with associated meaning, concepts, issues or principles

-The proposition that, before an act may be declared a crime, there must be some harm to society resulting from the commission of the act.

A) venue
B) bill of attainder
C) Bill of Rights
D). double jeopardy
E) equal rights protection
F) Right to privacy
G) . Jessica's law
H) Fifth Amendment
I) . ex post facto
J) . social harm

Question 55

Match words with associated meaning, concepts, issues or principles

-The Constitution prohibits laws that would retroactively criminalize actions that were innocent when they were done.

A) venue
B) bill of attainder
C) Bill of Rights
D). double jeopardy
E) equal rights protection
F) Right to privacy
G) . Jessica's law
H) Fifth Amendment
I) . ex post facto
J) . social harm

Question 56

Match words with associated meaning, concepts, issues or principles

-A special law that declares a specific person to be guilty of a crime and thus subject to punishment without a trial or conviction

A) venue
B) bill of attainder
C) Bill of Rights
D). double jeopardy
E) equal rights protection
F) Right to privacy
G) . Jessica's law
H) Fifth Amendment
I) . ex post facto
J) . social harm

Question 57

Match words with associated meaning, concepts, issues or principles

-First ten amendments to the U.S. Constitution

A) venue
B) bill of attainder
C) Bill of Rights
D). double jeopardy
E) equal rights protection
F) Right to privacy
G) . Jessica's law
H) Fifth Amendment
I) . ex post facto
J) . social harm

Question 58

Match words with associated meaning, concepts, issues or principles

-A law that punishes continuous sexual abuse of a young child.

A) venue
B) bill of attainder
C) Bill of Rights
D). double jeopardy
E) equal rights protection
F) Right to privacy
G) . Jessica's law
H) Fifth Amendment
I) . ex post facto
J) . social harm

Question 59

Match words with associated meaning, concepts, issues or principles

-Federal due process restrictions.

A) venue
B) bill of attainder
C) Bill of Rights
D). double jeopardy
E) equal rights protection
F) Right to privacy
G) . Jessica's law
H) Fifth Amendment
I) . ex post facto
J) . social harm

Question 60

Match words with associated meaning, concepts, issues or principles

-Right that prohibits discrimination based on race.

A) venue
B) bill of attainder
C) Bill of Rights
D). double jeopardy
E) equal rights protection
F) Right to privacy
G) . Jessica's law
H) Fifth Amendment
I) . ex post facto
J) . social harm

Question 61

Discuss the Eighth Amendment prohibition against cruel and unusual punishment as it relates to the ability of states to make certain conduct criminal.

Question 62

Define jurisdiction.

Question 63

What is jurisdiction over the subject matter?

Question 64

Explain the holding in Stanley v. Georgia.

Question 65

List and discuss the three aspects of the principle of legality.

Question 66

Define suspect classification as used in the equal protection clause.

Question 67

List and discuss the three separate restrictions on governmental conduct as it pertains to the prohibition against double jeopardy.

Question 68

Explain the right to privacy as it relates to perceived socially harmful conduct.

Question 69

Explain the "void for vagueness" principle.

Question 70

Why can't a federal criminal court try an individual for violation of a state statute.

Question 71

Jerry is tried and convicted of having a sexually transmitted disease. As his attorney, what constitutional issue would you raise on appeal?

Question 72

Michael was tried and acquitted of robbing a federal bank in a state criminal case. The U.S. Attorney would like to try him for robbing the bank since it was federally insured. What argument should the U.S. Attorney use to overcome the rule against double jeopardy?