Deck 4: The Consequences of Victimization

Question 1

Restraining orders carry the same weight as judicial edicts.

Answer 1

True

Question 2

In most states,when officers encounter a person in violation of a restraining order,their only recourse is to ask the person to leave and record the activity for judicial notice.

Answer 2

False

Question 3

A study in Orange County,California revealed that restraining orders were not being delivered by law enforcement and were therefore ineffective.

Answer 3

True

Question 4

In some states,police officers at the scene of a domestic disturbance can contact a judge directly and receive a restraining order against the offending party.

Question 5

The major goal of Title III of the Violence Against Women Act of 2005 provides that

A)domestic violence against a woman is neither a private or a family matter.
B)gender-motivated violence is treated the same as other bias-motivated crimes.
C)there is a federal remedy for victims of gender-based violence.
D)All of the above

Question 6

The concept of _____ immunity involves a determination that there is no liability for any damages that are a result of the actor's conduct.

A)sanctified
B)qualified
C)pastoral
D)absolute

Question 7

Some states require the victims to pay fees,which they often cannot afford,for the issuance and serving of a restraining order.

Question 8

Sometimes restraining order violators coerce their victims into remaining silent about their failure to comply and the judge never knows of the violation.

Question 9

The doctrine of failure to supervise does not apply to city police chiefs because they are not the masters of the officers.

Question 10

In certain instances,local agencies may be liable for injuries to citizens that have occurred as a result of the agencies' failure to act.

Question 11

The U.S.Supreme Court may have weakened a victim's recovery in the area of failure to protect when it decided Castle Rock v.Gonzales.

Question 12

A prison guard places an inmate known to be dangerous and intolerant of younger inmates in a cell with a younger man,resulting in the dangerous inmate attacking the other and severely beating him.This is an example of the theory of ____ under 18 U.S.Code 1983.

A)denial of equal protection
B)failure to act
C)failure to protect
D)failure to supervise

Question 13

One of the most obvious drawbacks to restraining orders as protection is that the offender may simply ignore the order.

Question 14

A no-contact order prohibiting telephone communication may only be issued by a federal magistrate because it involves an interstate communications system.

Question 15

The concept of _____ immunity is to provide for a decision making process that is free of fear of reprisals.

A)sanctified
B)qualified
C)pastoral
D)absolute

Question 16

When an official commits an unauthorized,unlawful act in which the pretense of authority under which the officer acted furthered or assisted the official in violating a person's constitutional rights in any way,the action is said to be

A)protected action.
B)under the color of law.
C)covert activity.
D)constitutionally protected.

Question 17

Two common forms of defense raised in a civil rights case are _____ immunity and absolute immunity.

A)sanctified
B)qualified
C)pastoral
D)None of the above

Question 18

Title III of the Violence Against Women Act of 2005 addresses

A)safe homes for women.
B)safe streets for women.
C)civil rights for women.
D)safe campuses for women.

Question 19

By establishing a civil rights cause of action for gender-based acts of violence,Congress has placed gender at the same level as race and religion.

Question 20

A(n)____ is a restraining or protective order issued by the court that prohibits the offender from having any contact with the victim.

A)injunction
B)writ of habeas corpus
C)complaint
D)writ of abuse

Question 21

After the Monroe v.Pape decision,the number of Section 1983 actions increased substantially.Why?

Question 22

The U.S.Supreme Court addressed the scope of the Ku Klux Klan Act of 1871 in the case of _______ when it interpreted the phrase "under color of state law."

A)United States v.Classic
B)Screws v.United States
C)Monroe v.Pape
D)United States v.Treat

Question 23

___ immunity is a complete shield in a lawsuit and involves a determination that there is no liability for any damages that the victim may have suffered as a result of the actor's conduct.

Question 24

How is the failure to supervise associated with the common law concept of respondeat superior?

Question 25

The U.S.Supreme Court interpreted the phrase "under color of state law" in its decision of ____.

Question 26

The Violence Against Women Act of 1994 contains one of the crime bill's largest crime prevention programs that attempt to respond to the national problem of ___ ____violence.

Question 27

Jim is arrested by the police for assaulting his girlfriend's husband.The police come to his home.They put him in handcuffs and lock him in the police cruiser.The police officers making the arrest notice that Jim has the football game on his big screen television.There are only about ten minutes left in the game,so they leave Jim alone in the cruiser and watch the game in Jim's home.While they are watching the game,the girlfriend's husband approaches the cruiser.Seeing Jim alone,the husband shoots him three times.Jim suffers permanent damage as a result of the shooting.Under what grounds could he sue the officers in civil court?

Question 28

In response to continuing violence against blacks,Congress enacted the ___ __ __ Act of 1871.

Question 29

In 1961 the U.S.Supreme Court in the case of _____ established the framework for future use of Section 1983 by victims of illegal government activity.

A)United States v.Classic
B)Screws v.United States
C)Monroe v.Pape
D)United States v.Treat

Question 30

The Supreme Court has held that municipalities can be held liable under Section 1983 for failure to ____ their police officers.

Question 31

In _____,the plaintiffs were a class of female employees who alleged that the board of education of the city of New York and the New York Department of Social Services were forcing pregnant employees to take unpaid leaves of absence before those leaves were medically necessary.

Question 32

A major city in Florida needed to hire more officers.The city went on a recruiting campaign and hired about 30 new officers in less than two months.One of the new hires,Joe,is arrested and convicted of rape.The rape occurred while Joe was on duty.It appears that this was the third time he had been arrested for rape.The city had hired him without running a background check.The victim sues both Joe and the city for civil damages.Joe has no money,so the victim's only chance of recovery is from the city.Is the city liable under Section 1983?

Question 33

In Dewell v.Lawson,the chief of police was held liable for failing to establish procedures for the diagnosis and treatment of __ ___.

Question 34

In 1961,the Supreme Court decided _____and established the framework for future use of Section 1983 by those who were victims of illegal governmental activity.

Question 35

_______ declared that all persons born in the United States are citizens regardless of race or prior conditions of servitude.

Question 36

In certain situations,local agencies may be liable for injuries to citizens that have occurred because of the agencies' ____ to act.

Question 37

Explain the phrase "under color of law."

Question 38

The Supreme Court in Monell v.Department of Social Services held that Section 1983 was violated by agencies under what conditions?

Question 39

What positive changes have resulted from the use of the Section 1983 as a tool to punish government agents for wrongdoing?