1. At the end of 2010, all 36 states with the death penalty authorized as a method of execution.
a. the gas chamber b. lethal injection
c. the electric chair d. hanging
2. The Supreme Court held that any amount of bail exceeding that necessary to ensure a return to trial violated the
Eighth Amendment in:
a. Stack v. Boyle b. Gregg v. Georgia
c. Solem v. Helm d. Ingraham v. Wright
3. In Wilson v. Seiter, the Supreme Court ruled that prisoners must not only prove prison conditions are objectively
cruel and unusual but also show that they exist because of officials’:
a. culpable negligence b. deliberate indifference
c. criminal negligence d. willful disregard of the conditions.
4. Under asset forfeiture, the most frequently seized assets are:
a. firearms b. real estate
c. vehicles d. electronics
5. The Bail Reform Act of 1984 established the practice of:
a. preventive detention for people deemed a threat or likely to flee.
b. assigning lawyers with the responsibility of seeing to it that their clients appear when directed.
c. permitting a property bond in lieu of cash.
d. third-party custody.
6. Courts have used all of the following in assessing what constitutes cruel and unusual punishment, except whether
the punishment:
a. “shocks the general
conscience”
of a civilized society.
b. is specifically prohibited in the Eighth Amendment.
c. is unnecessarily cruel.
d. goes beyond legitimate penal aims.
7. The
Supreme
Court”
“proportionality analysis”
of
sentences
includes all of the following, except:
a. the gravity of the offense and the harshness of the penalty.
b. the sentences imposed on other criminals in the same jurisdiction.
c. the sentences imposed for the commission of the same crime in other jurisdictions.
d. an analysis of punishments for the same offense from an historical perspective.
8. Bail is forfeited when:
a. the defendant is found guilty.
b. the defendant is acquitted.
c. the defendant doesn’t appear in court.
d. the defendant has to be apprehended by a bail agent.
9. Bail may not be denied in:
a. capital cases.
b. cases involving the death penalty.
c. when the accused has threatened trial witnesses.
d. all homicide cases.
10. Which is not a purpose of bail?
a. Maintain the presumption of innocence.
b. Guarantee the appearance of the accused in court.
c. Sanction the offender.
d. Allow the accused to organize their defense.
11. The
Eighth Amendment’s prohibition against excessive
fines:
a. applies to states because of the Fourteenth Amendment.
b. applies to states because it is an important part of our system of justice.
c. does not apply to any states.
d. does not apply to all states, but does apply to some.
12. Which has not been held to be cruel and unusual punishment?
a. Execution of anyone under 18 when they committed a capital offense.
b. Execution of the mentally ill or mentally retarded.
c. Execution method presenting substantial risk of serious harm.
d. Execution by firing squad.
13. The prohibition against excessive fines:
a. has been incorporated to apply to the states.
b. does not apply in civil cases.
c. limits punitive damages in civil cases
d. does not apply in criminal cases.
14. The general rule under the Eighth Amendment is that punishments must be:
a. consistent with international standards.
b. approved by a unanimous jury.
c. proportional or directly related to the case.
d. in adherence with the biblical standard of “an eye for an eye.”
15. Though in the past some states have approved of executing offenders as young as 15, the Supreme Court has held
that no one who was under when they committed a capital offense shall be sentenced to death.
a. 16 b. 17
c. 18 d. 19
16. The practice established for individuals deemed a threat to society or likely to flee is:
a. Involuntary commitment b. The Bail Reform Act of 1966
c. Preventive detention d. Protective custody
17. Bail set at a figure higher than an amount “reasonably ” is excessive under the Eighth
Amendment.
a. calculated to fulfill its purpose
b. affordable for the defendant to produce
c. necessary to sanction the defendant
d. designed to make pretrial release possible
18. In United States v. Salerno, the Supreme Court stated that under the Bail Reform Act of 1984 did
not violate due process or the Eighth Amendment.
a. pretrial release b. mandatory detention for murderers
c. requiring house arrest for child molesters d. preventive detention
19. The helped indigent defendants through release on recognizance (ROR)..
a. American Civil Liberties Union b. Judiciary Act of 1789.
c. Bail Reform Act of 1966. d. Bail Reform Act of 1984.
20. The definition of cruel and unusual punishment is:
a. established by state referendum.
b. dependent on society.
c. defined in the Eighth Amendment.
d. specifically stated by the Supreme Court.
21. The Supreme Court has not prohibited execution of:
a. juveniles b. the mentally ill
c. the handicapped d. the mentally retarded
22. The landmark case in which the Supreme Court called for a ban on the death penalty in Georgia, ruling its law was
capricious, and hence, cruel and unusual punishment is:
a. Furman v. Georgia b. Coker v. Department of Corrections
c. Gregg v. Georgia d. Ford v. Georgia
23. In United States v. Ursery, the Supreme Court ruled that since forfeiture is a civil action, not an additional
criminal action, it is not:
a. double jeopardy
b. an excessive fine
c. cruel and unusual punishment
d. applicable to the states through the Fourteenth Amendment
24. Which of the
following
has been held to be a violation of a
prisoner’s
right against cruel and unusual punishment?
a. Suspending visiting privileges for an inmate who failed more than one drug test.
b. Exposure to second-hand smoke posing an unreasonable risk of damage to health.
c. A prisoner shot in the leg during a riot to maintain discipline.
d. The use of chain gangs.
25. The Supreme Court upheld corporal punishment as necessary for the proper education of a child and maintenance
of group discipline and not an Eighth Amendment issue in:
a. United States v. Ursery b. Trop v. Dulles
c. Solem v. Helm d. Ingraham v. Wright
26. In Trop v. Dulles, the Supreme Court held that the standard for determining whether a punishment is cruel and
unusual is:
a. “socially acceptable practices” b.
“evolving
standards of decency ”
c.
“evolving social
norms” d.
“retribution
v. rehabilitation”
27. The Supreme Court ruled that capital
punishment
can only be imposed by a jury or by a judge following a jury’s
recommendation in:
a. Powell v. Alabama b. Trop v. Dulles
c. Brown v. Mississippi d. Ring v. Arizona
28. Defendants cannot be sentenced to life without parole for a non–homicide crime if, when they committed the
crime, they were below the age of:
a. 15 b. 16
c. 17 d. 18
29. How many states authorize lethal injections as a method of execution, as of 2010?
a. 50 b. 13
c. 36 d. 26
30. Asset forfeiture is unconstitutional if:
a. the owner of a residence or vehicle is unaware of its illegal use.
b. the forfeiture is “grossly
disproportionate”
to the offense .
c. forfeiture is accompanied by a loss of liberty in violation of double jeopardy.
d. the government converts the assets for public use.
31. The Massachusetts Body of Liberties (1641) provided a right to bail and prohibited cruel and inhumane
punishment.
a. True
b. False
32. The amount of bail must be an amount the accused can afford to pay.
a. True
b. False
33. State courts are free to forbid preventive detention of state and local prisoners.
a. True
b. False
34. The Supreme Court has held that the Eighth Amendment prohibits execution of anyone who was under age 21 at
the time they committed the capital offense.
a. True
b. False
35. The government may detain dangerous defendants who become incompetent to stand trial.
a. True
b. False
36. A person who becomes mentally ill while in prison cannot be executed.
a. True
b. False
37. The Eighth Amendment guarantees the right to bail.
a. True
b. False
38. Asset forfeiture may constitute double jeopardy.
a. True
b. False
39. The Supreme Court has held that
California’s “threestrikes”
law did not violate the Eighth Amendment.
a. True
b. False
40. The Supreme Court has upheld the execution of mentally retarded offenders.
a. True
b. False
41. Estelle v. Gamble held that to prisoners’ serious medical needs constituted unnecessary and
wanton infliction of pain.
42. In , the Supreme Court reinstated the Georgia death penalty by sustaining its revised death penalty
law.
43. Denying bail on the basis of danger to the community or of risk to not appear at trial is known as .
44. The seizure of property connected with illegal activity is known as .
45. The Supreme Court has held that forfeiture is not double jeopardy because it is a action.
46. A capital case in which the death penalty might be involved requires two proceedings, one to determine guilt, and
one to determine .
47. According to the Eighth Amendment, punishment shall not be .
48. A trial is required for death penalty cases.
49. The percentage of who have been executed far exceeds their proportion of the general population.
50. According to the Eighth Amendment, bail shall not be .
51. Discuss the Eighth Amendment rights often claimed by prisoners, citing examples.
52. Discuss capital
punishment
in the United States—its history, how the Supreme Court has viewed it, and how and
on whom it may be carried out.
53. Describe the rights protected by the Eighth Amendment and which, if any, have been incorporated to apply to the
states.
54. Explain asset forfeiture. Why is it considered in a discussion of the Eighth Amendment?
55. Explain the purpose of bail, who is eligible for it, and the criteria considered when calculating the appropriate
amount of bail.
56. The Constitution guarantees the right to bail, as well as prohibits excessive bail.
a. True
b. False
57. The Judiciary Act of 1789 provided for bail in noncapital crimes.
a. True
b. False
58. The Bail Reform Act of 1984 eliminated a presumption in favor of pretrial release through the bail process.
a. True
b. False
59. Opponents of preventive detention argue that the accused is being punished without trial and that protecting the
community is the job of the police, not the purpose of bail.
a. True
b. False
60. The process by which a bail bond provider post a bond for upward of 10% of the bail amount with the court, to be
paid if the defendant fails to appear, is called commercial bail.
a. True
b. False
61. Reimbursement to the plaintiff for actual harm done, such as medical expenses or lost business, is known as
_________________.
62. Cases that question the amounts awarded at trial have primarily dealt with damages.
63. Property connected with illegal activity may be forfeited when used as a to transport illicit drugs.
64. The amount seized through asset forfeiture must bear some relation to the of the illegal enterprise.
65. Under the Eighth Amendment punishments must be proportional or to the crime committed.
66. Invoking the Eighth Amendment, the Supreme Court found a 90 day sentence for being addicted to the use of
narcotics excessive in
a. Robinson v. California
b. Coker v. Georgia
c. Anderson v. Alabama
d. Pulley v. Harris
a. Arave v. Creech
b. Miller v. Alabama
c. Ingraham v. Wright
d. Rhodes v. Chapman
68. The percentage of parolees in 2011 who were women was
a. 20
b. 31
c. 8
d. 11
69. Electronic monitoring that ensures a probationer does not leave home except to go to work is known as
a. home prison.
b. parole.
c. restitution in person.
d. an intermediate sanction.
70. Most states will not consider the death sentence for anyone younger than
a. 15 years of age.
b. 16 years of age.
c. 17 years of age.
d. 18 years of age.
71. The Supreme Court has banned execution of the insane. However, the Supreme Court allowed Arkansas officials to
force a convicted murderer to take drugs to make him sane enough to be executed in Singleton v. Norris (2003).
The Supreme Court also held that an inmate who becomes mentally ill while in prison could not be executed in Ford
v. Wainwright (1986). Using the Eighth Amendment’s “cruel and unusual” standard, how can you reconcile the
decisions in the Arkansas case and the Ford v. Wainwright case? In one situation, an insane person can be
medicated and then put to death, while another person who becomes insane cannot. Beyond the Eighth Amendment,
do you think there are any ethical issues raised by the Arkansas case?
72. In 1994 80% of the US public supported capital punishment. In 2013, 63% of Americans were in favor of the death
penalty. A survey of police officers found that 94% favored the death penalty, with 96% of the police giving as the
primary reason that it removed a dangerous person from the population. Another reason given was that capital
punishment serves as a powerful deterrent to murder. In 2010, 88% of the country’s top academic criminological
societies rejected the notion that the death penalty acts as a deterrent to murder. Do these statistics strongly support
the argument that capital punishment is inappropriate one in the United States today? Can you suggest an alternate
explanation for these statistics?
73. In civil lawsuits, punitive damages are designed to punish a wrongdoer and act as a warning to others not to engage
in similar conduct. For example, an individual might suffer $10,000 in compensatory damages because of lost wages
or medical expenses, but the jury could award $1 million to punish the defendant over and above compensatory
damages. The Eighth Amendment prohibits punishment by excessive fines in criminal cases, but not in civil cases
involving punitive damages. Therefore, the $1 million judgment in the civil suit would, if imposed as a fine by a judge
or jury in a criminal court, likely violate the Eighth Amendment. Do you think this distinction is a relevant one? Why
should punishment by the government be considered different than punishment by an individual?
74. Posting bail money allows an individual to be released before trial if they promise to return or forfeit the amount of
money of the bail bond. Posting bail allows individuals to prepare a defense and to continue earning income if they
are employed. Excessive bail is prohibited by the Constitution, though people who cannot afford bail must stay in jail.
Additionally, bail bondsmen are in the business of lending money to those who cannot afford to post bail for profit. If a
person fails to show up at a hearing and the bail bondsman must pay the amount of the bond. Some jurisdictions
allow bounty hunters, who do not operate under Fourth Amendment and other legal constraints, to pursue and detain
individuals who have fled in violation of their bond. Does the system discriminate against the poor? How could it be
changed to be a better system?