CH-3 Constitutional Limitations on the Prohibition of Criminal Conduct – Criminal Law and Procedure : Exam Guide

Chapter 3: Constitutional Limitations On The Prohibition Of Criminal Conduct 1. In terms of the criminal law, by far the most significant of Congress’s enumerated powers is the power to regulate interstate commerce. Answer: True 2. The First Amendment to the U.S. Constitution prohibits Congress from adopting bills of attainder. Answer: False 3. A legislative act convicting a person of a crime without benefit of a trial is called an ex post facto law. Answer: False 4. The Bill of Rights of the U.S. Constitution has always been regarded by the courts as protecting citizens against arbitrary and capricious actions of their state and local governments. Answer: False 5. Despite the mandate of the First Amendment, public assemblies may be prohibited in cases of clear and present danger to the public order or safety as long as there is imminent lawless action. Answer: True 6. State legislatures have frequently passed statutes impinging directly on the freedom of religion. Answer: False 7. One of the defects of a vague law is that it allows for arbitrary and discriminatory enforcement. Answer: True 8. A person may not contest the validity of a law imposing restrictions on First Amendment freedoms unless he or she has been charged with violating the law. Answer: False 9. Although there is no mention of “privacy” in the text of the Constitution, courts have recognized a constitutional right of privacy in the areas of sex, reproduction and family life. Answer: True 10. Criminal laws that infringe First Amendment freedoms are subjected to strict scrutiny by the courts. Answer: True 11. Both federal and state courts exercise the power of judicial review. Answer: True 12. Over the years the Supreme Court has incorporated nearly all the provisions of the Bill of Rights into the Fourteenth Amendment, thereby making these protections applicable to state and local governments. Answer: True 13. The Supreme Court has stated that obscenity is entitled to constitutional protection as a form of free expression. Answer: False 14. The First Amendment allows government to criminalize the utterance of “fighting” words—words that tend to incite an immediate breach of the peace. Answer: True 15. In 2010 the Supreme Court refused to extend the Second Amendment to the states via the Fourteenth Amendment. Answer: False 16. The two fundamental aspects of due process are fair notice and fair hearing. Answer: True 17. The Fifth Amendment limits the degree to which legislatures can require parties to report information to the government that can place them in jeopardy of criminal prosecution. Answer: True 18. In 1962 the Supreme Court upheld a state law that made it a crime for a person to be “addicted to the use of narcotics.” Answer: False 19. In 1965 the Supreme Court explicitly recognized a constitutional right of privacy when it invalidated a Connecticut law proscribing the use of birth control devices. Answer: True 20. The Fourteenth Amendment expressly forbids states from denying equal protection of the laws to persons in their jurisdictions, but the Supreme Court has held that the federal government is not under any obligation to provide equal protection of the laws. Answer: False 21. In United States v. Lopez (1995), the Supreme Court struck down a federal law that made it a crime for any person to knowingly possess a firearm within close proximity to a __________. a. military base b. school c. federal courthouse d. minor Answer: B 22. The doctrine of implied powers was established by the Supreme Court in ________. a. Marbury v. Madison (1803) b. Barron v. Baltimore (1833) c. McCulloch v. Maryland (1819) d. Texas v. White (1868) Answer: C 23. In terms of the criminal law, by far the most significant of Congress’s enumerated powers is power to regulate ___________. a. interstate commerce b. science and technology c. law enforcement d. state and local government Answer: A 24. In United States v. Morrison (2000), the Supreme Court ___________ a provision of the Violence Against Women Act of 1994 that provided a federal civil remedy to victims of gender-motivated violence. a. upheld b. struck down c. refused to review d. reinterpreted Answer: B 25. Article I, Section 8 of the U.S. Constitution enumerates Congress’s _________ powers. a. legislative b. judicial c. remedial d. executive Answer: A 26. At common law, ________ was the most heinous crime a person could commit. It was in a category by itself, considered far worse than any felony. a. blasphemy b. witchcraft c. treason d. sedition Answer: C 27. An ex post facto law is a law that retroactively ____________. a. makes an innocent act illegal b. increases the punishment for a criminal act c. decreases the standard of proof required to convict a defendant of a crime d. All of these Answer: D 28. A legislative act convicting someone of a crime without benefit of trial is referred to as _____. a. an ex post facto law b. a bill of attainder c. a writ of mandamus d. a subpoena Answer: B 29. The constitutional doctrine under which many of the provisions of the Bill of Rights have been made enforceable against the states is the doctrine of ___________. a. habeas corpus b. injunction c. federalism d. incorporation Answer: D 30. Ratified in _________, the Bill of Rights was designed to protect American citizens from abuse of their liberties by the newly created federal government. a. 1776 b. 1787 c. 1789 d. 1791 Answer: D 31. The doctrine of incorporation has been employed by the Supreme Court to enforce the guarantees of the ___________ against state and local governments. a. Bill of Rights b. Declaration of Independence c. Thirteenth Amendment d. none of these Answer: A 32. Which of the following forms of expression is not protected by the First Amendment? a. A magazine that has been determined to be obscene. b. A minister’s sermon delivered during a church service. c. An offensive speech by a member of the Ku Klux Klan. d. The expenditure of money by a candidate for public office. Answer: A 33. Which of the following practices has been held by the courts to be protected by the Free Exercise of Religion Clause of the First Amendment? a. polygamy b. handling of poisonous snakes in religious ceremonies c. door-to-door solicitation of money by religious groups d. All of these Answer: C 34. The Supreme Court has refined the clear and present danger doctrine so that public advocacy may be prohibited only in situations when there is ___________. a. imminent lawless action b. actual violence c. a possible public danger d. obscenity or profanity Answer: A 35. In Texas v. Johnson (1989) the Supreme Court invalidated a Texas statute banning ______. a. profanity in public b. topless dancing in bars c. desecration of the American flag d. the use of birth control devices Answer: C 36. In what has become a classic phrase, Justice ___________ observed that the “most stringent protection of free speech would not protect a man in falsely shouting fire in a theater, and causing a panic.” a. Oliver Wendell Holmes Jr. b. Hugo Black c. Charles Evans Hughes d. William Brennan Answer: A 37. The ____________ doctrine has been used by state and federal courts to reverse numerous convictions where persons have been prosecuted for merely advocating illegal acts. a. time, place, and manner b. clear and present danger c. in loco parentis d. substantive due process Answer: B 38. In ___________ (1969), the Supreme Court has refined the clear and present danger doctrine so that public advocacy may be prohibited only in situations when there is imminent lawless action. a. Cohen v. California b. Flast v. Cohen c. Schneckloth v. Bustamonte d. Brandenburg v. Ohio Answer: D 39. ____________ are “those personally abusive epithets which, when addressed to the ordinary citizen, are, as a matter of common knowledge, inherently likely to provoke violent reaction.” a. Vagrancies b. Slanders c. Fighting words d. Torts Answer: C 40. ___________ refer(s) to any instance of hateful expression, whether verbal, written or symbolic, that is based on racial, ethnic or religious prejudice. a. Hate speech b. Fighting words c. Obscenity d. Profanity Answer: A 41. The ____________ Amendment provides that: “A well regulated Militia, being necessary to the security of a free state, the right of the people to keep and bear arms shall not be infringed.” a. First b. Second c. Third d. Fourth Answer: B 42. In Coker v. Georgia (1977), the Supreme Court invalidated a provision of a law that allowed capital punishment in cases of _________. a. attempted suicide b. manslaughter c. rape d. treason Answer: C 43. In Griswold v. Connecticut (1965), the Supreme Court invalidated a state law proscribing _________ as applied to married couples. a. the use of birth control devices b. assisted suicide c. deviate sexual intercourse d. none of these Answer: A 44. It is now settled law that a competent adult with a terminal illness has the right to ______. a. commit suicide b. demand that physicians administer life-ending drugs c. refuse medical treatment that would unnaturally prolong his or her life d. unlimited medical treatment at public expense Answer: C 45. At a minimum, a law that touches on any constitutionally protected interest must be “rationally related to furthering a legitimate government interest.” This is referred to as the ___________. a. rule of reason b. rational basis test c. compelling state interest test d. clear and convincing evidence doctrine Answer: B 46. Laws that infringe fundamental rights such as the First Amendment freedom of speech are subjected to _________ by the courts, which means that they are presumed to be unconstitutional. a. minimal scrutiny b. judicial restraint c. strict scrutiny d. the doctrine of saving construction Answer: C 47. The U.S. Constitution limits the definition of _________, providing that it “shall consist only in levying War against [the United States], or in adhering to their Enemies, giving them Aid and Comfort.” Answer: treason 48. A(n) ___________ law is one that retroactively (1) makes an innocent act illegal; (2) increases the punishment for a criminal act; or (3) decreases the standard of proof required to convict a defendant of a crime. Answer: ex post facto 49. In a series of decisions, the Supreme Court has held that the ___________. Clause of the Fourteenth Amendment makes enforceable against the states those provisions of the Bill of Rights that are “implicit in the concept of ordered liberty.” Answer: Due Process 50. The Supreme Court has said that to be legally obscene, a particular work must appeal to a prurient interest in sex, be _________, and lack serious scientific, artistic, literary or educational value. Answer: patently offensive 51. The courts have held that the ___________ Clause of the Fifth Amendment to the U.S. Constitution limits the degree to which legislatures can write statutes that require parties to report information to the government that can place them in jeopardy of criminal prosecution. Answer: Self-Incrimination 52. In Robinson v. California (1962), the U.S. Supreme Court, relying on the __________ Clause of the 8th Amendment as it applies to the states via the 14th Amendment, struck down a state law that made it a crime for a person to be “addicted to the use of narcotics.” Answer: Cruel and Unusual Punishments 53. In the landmark case of ___________ (1965), the United States Supreme Court struck down a state law that proscribed the use of contraceptives by married couples. Answer: Griswold v. Connecticut 54. In its 2003 decision in ___________ the U.S. Supreme Court struck down a Texas law prohibiting private, consensual homosexual conduct. Answer: Lawrence v. Texas 55. In Loving v. Virginia (1967), the Supreme Court relied on the ___________ Clause of the Fourteenth Amendment in striking down a state statute that criminalized interracial marriage. Answer: Equal Protection 56. At a minimum, a criminal law that touches on constitutionally protected interests must be “rationally related to furthering a ___________ government interest.” Answer: legitimate 57. Congress has used its enumerated powers, most notably the power to regulate __________, as well as its implied powers to create a substantial body of federal criminal law. Answer: interstate commerce 58. The U.S. Constitution narrowly defines treason to consist only of levying war against the United States or giving ___________ to its enemies. Answer: aid; comfort 59. A legislative acts imposing punishment without trial upon a person deemed guilty of a crimes is known as a ___________. Answer: bill of attainder 60. The Bill of Rights to the U.S. Constitution was ratified in the year ______ to afford citizens protection against the new federal government. Answer: 1791 61. The Court has refined the clear and present danger doctrine so that public advocacy may be prohibited only when there is ___________. Answer: imminent lawless action 62. Government may impose reasonable ___________ regulations on public assemblies but may not otherwise ban peaceful assemblies that do not disrupt its government activities in the public forum. Answer: time, place, and manner 63. The ___________ Amendment protects the right “to keep and bear arms.” Answer: Second 64. At a minimum, a criminal law that touches on a constitutionally protected interest must be “rationally related to furthering a legitimate government interest.” This is known as the ___________ test. Answer: rational basis 65. Criminal laws that infringe ____________ rights such as the First Amendment freedoms of speech and press are judged by a more stringent standard of review. Answer: fundamental 66. The ___________ doctrine is used to scrutinize broad criminal laws that have the potential to intrude on freedoms protected by the First Amendment. Answer: overbreadth Consider this hypothetical. Mandy Muldoon was arrested by campus police after she refused to leave the scene of anti-abortion demonstration on the campus of Maudlin State University. Police informed Muldoon that because she had not obtained a permit from the University, she had no right to conduct the protest. They also indicated that the bullhorn she was using was distracting students in a nearby classroom. After Muldoon ignored repeated orders to cease and desist, she was arrested and charged with disturbing the peace. 67. The constitutional issue implicit in this hypothetical is one arising from the: a. First Amendment b. Second Amendment c. Third Amendment d. Fourth Amendment Answer: A 68. Which of the following statements is the most accurate? a. Muldoon will ultimately prevail in this case because her arrest was an obvious violation of her constitutional rights. b. A university campus can never be considered a public forum; therefore Muldoon had no right to protest there. c. Like other public entities, a state university can impose reasonable regulations on the time, place and manner of demonstrations. d. Because this was an anti-abortion protest and abortion has been recognized as the exercise of a constitutional right, Muldoon’s speech was not permissible. Answer: B 69. The First Amendment begins with the injunction that “Congress shall make no law . . .” Unlike certain provisions in the original, unamended Constitution, the Bill of Rights makes no mention of limitations on the state and local governments. Throughout much of the nineteenth century, the Bill of Rights was viewed as imposing limitations only on Congress, having no effect on state legislatures or local governing bodies. The Supreme Court officially adopted this view in Barron v. Baltimore (1833). NARREND. Under this interpretation of the Bill of Rights: a. there was no legal recourse when citizens’ rights were infringed by state or local governments. b. states were permitted to enact ex post facto laws c. citizens had to look to Congress for relief from adverse state or local actions d. citizens had to look to their state constitutions and state courts for protection against state and local governments Answer: D 70. The position taken by the Supreme Court in Barron v. Baltimore: a. is still good law today b. was overturned by Congress prior to the Civil War c. was nullified by the Supreme Court’s interpretation of the 14th Amendment d. was inconsistent with prevailing views of federalism in the early 19th century Answer: C Speaking for a unanimous Supreme Court in 1919, Justice Oliver Wendell Holmes, Jr. observed that “the question in every case is whether the words used are used in such circumstances and are of such a nature as to create clear and present danger that they will bring about the substantive evils that Congress has a right to prevent. . . .” 71. This is the origin of the ___________ doctrine. a. fighting words b. symbolic speech c. time, place and manner d. clear and present danger Answer: D 72. Justice Holmes’ position: a. makes it impossible for the government to prosecute someone solely for their speech b. represented an absolutist interpretation of the First Amendment c. has been refined by the courts so that public advocacy may be prohibited only in situations when it is likely to produce imminent lawless action. d. was ignored by the Supreme Court until 1969 Answer: A In Papachristou v. City of Jacksonville (1972) the Supreme Court struck down an ordinance that prohibited various forms of vagrancy, including loitering and “prowling by auto.” Writing for the Court, Justice William O. Douglas objected to the “unfettered discretion” the ordinance placed in the hands of the police, allowing for “arbitrary and discriminatory enforcement of the law.” 73. Which constitutional principle is involved in this case? a. habeas corpus b. separation of powers c. due process of law d. the right of privacy Answer: C 74. This decision is an application of the ___________ doctrine. a. police power b. vagueness c. enumerated powers d. fairness Answer: B In Lawrence v. Texas (2003), the Supreme Court struck down a Texas law criminalizing private, consensual homosexual conduct. Writing for the Court, Justice Kennedy asserted that the law intruded upon personal liberty and autonomy without a sufficient justification. Dissenting, Justice Antonin Scalia argued that the Court had undercut the foundations of other long-standing criminal prohibitions such as those against incest, bestiality, and bigamy. 75. This decision built on a line of cases involving: a. the right of privacy b. equal protection of the laws c. freedom of association d. religious freedom Answer: A 76. Which of the following statements is most accurate? a. This decision necessarily undermines laws dealing with incest and bigamy. b. This decision requires the legalization of same-sex marriage. c. This decision overturned a previous Supreme Court decision upholding sodomy laws. d. This decision calls into question the Court’s ruling in Eisenstadt v. Baird (1972). Answer: C Test Bank for Criminal Law and Procedure John M. Scheb 9781285070117, 9781285690292, 9781285546131