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Chapter 2: Constitutional Limits on Criminal Law
Chapter 2 Test Bank
Constitutional Limits on Criminal Law
MULTIPLE CHOICE
1. The authors of the U.S. Constitution were suspicious of
a.
the rights of individuals.
b.
the rights of large groups of voters.
c.
the power of influential leaders.
d.
power in the hands of government officials.
2. What is the standard used by courts of appeal to determine if a sentence is “inside, just
outside, or significantly outside the Guidelines range?”
a.
the constitutional standard
b.
the abuse-of-discretion standard
c.
the upward departure standard
d.
the downward departure standard
3. According to the principle of there must be a specific law defining a
crime and setting out the punishment before a person can be punished for that crime?
a.
legality
b.
comity
c.
proportionality
d.
reciprocity
4. What is the name of a law that criminalizes an act that was innocent when it was
committed?
a.
bill of attainder law
b.
forfeiture law
c.
ex post facto law
d.
bill of particulars
5. The doctrine is concerned with giving individuals fair notice of
what is criminal and preventing arbitrary or discriminatory enforcement of laws.
a.
proportionality
b.
void-for-vagueness
c.
obscenity
d.
equal protection
Instructor’s Resource Manual with Test Bank
6. Which amendments to the Constitution resulted in the void-for-vagueness doctrine?
a.
The Fourth and Fifth Amendments
b.
The Fourth and Fourteenth Amendments
c.
The Fifth and Fourteenth Amendments
d.
The Fifth and Fifteenth Amendments
7. Which Amendment to the Constitution requires that states provide equal protection of
the law?
a.
The Ninth Amendment
b.
The Tenth Amendment
c.
The Thirteenth Amendment
d.
The Fourteenth Amendment
8. Because sentencing guidelines are now advisory, appellate review of sentencing
decisions is limited to determining whether they are:
a.
arbitrary
b.
confused
c.
reasonable
d.
collusive
9. Which Amendment to the Constitution contains the Equal Protection clause?
a.
The First Amendment
b.
The Fourth Amendment
c.
The Eighth Amendment
d.
The Fourteenth Amendment
10. Equal protection does not require that
a.
racial classifications be subjected to strict scrutiny.
b.
everyone, or even all criminals, be treated exactly alike.
c.
punishments be proportional.
d.
classifications regarding fundamental rights be subject to strict scrutiny.
Chapter 2: Constitutional Limits on Criminal Law
11. What is the level of scrutiny that most government classifications (excluding those
involving fundamental rights, race, ethnicity, religion, or gender) are subject to under
equal protection?
a.
heightened scrutiny
b.
strict scrutiny
c.
the compelling government interest test
d.
the rational basis test
12. What level of scrutiny are gender classifications subject to under equal protection?
a.
strict
b.
heightened
c.
rational basis
d.
compelling interest
13. Which of the following rights is guaranteed by the Fourth Amendment?
a.
the right to freedom from unreasonable search and seizure
b.
the right to bear arms
c.
the right to freedom from cruel and unusual punishment
d.
the right to free speech
14. The U.S. Supreme Court took a “hands off” approach to sentencing procedures until
what case?
a.
Apprendi v. New Jersey (2000)
b.
Blakely v. Washington (2004)
c.
U.S. v. Booker (2005)
d.
Gall v. U.S. (2007)
15. What name is given to offensive, sexually explicit material that is not protected by the
First Amendment?
a.
obscenity
b.
profanity
c.
libel
d.
pornography
Instructor’s Resource Manual with Test Bank
16. A trial without a jury is called:
a.
a bench trial
b.
a jury trial
c.
a verdict trial
d.
an unconstitutional trial
17. The void-for-overbreadth doctrine invalidates laws that have what effect on protected
expression?
a.
an unacceptable chilling effect
b.
an unacceptable retracting effect
c.
an unacceptable facilitating effect
d.
an unacceptable excoriating effect
18. In Barnes v. Glen Theatre, Inc., et al. (1991), the Supreme Court ruled that a state law
banning totally nude dancing in public was
a.
constitutional because it banned only totally nude dancing.
b.
unconstitutional because nude dancing is expressive conduct.
c.
unconstitutional because it infringes on free speech.
d.
constitutional because it furthers a substantial government interest in
protecting order and morality.
19. Which of the following is protected by the First Amendment?
a.
obscenity
b.
flag burning as a political protest
c.
fighting words
d.
expression that creates a clear and present danger to compelling government
interests
20. According to Griswold v. Connecticut (1965), which of the following describes the
constitutional right to privacy?
a.
a part of the liberty protected by due process
b.
a fundamental right
c.
required by equal protection
d.
protected by the Eight and Fourteenth Amendments
Chapter 2: Constitutional Limits on Criminal Law
21. In Stanley v. Georgia (1969), the Supreme Court struck down a statute which made it a
crime for an adult to possess what in their own home?
a.
marijuana
b.
illegal weapons
c.
obscene materials
d.
drug paraphernalia
22. Until what year did the guidelines and mandatory forms of fixed sentencing create
only possible cruel and unusual punishment problems?
a.
1990
b.
1995
c.
2000
d.
2005
23. In what case did the Court apply the Apprendi rule to the U.S. Sentencing Guidelines?
a.
Penry v. Lynaugh (1989)
b.
U.S. v. Booker (2005)
c.
Roper v. Simmons (2005)
d.
Atkins v. Virginia (2002)
24. Which of the following kind of punishments are prohibited by the Eighth
Amendment?
a.
contumacious
b.
presumptuous
c.
barbaric
d.
sumptuous
25. Which Amendment contains the ban on cruel and unusual punishment?
a.
The Fifth Amendment
b.
The Sixth Amendment
c.
The Eighth Amendment
d.
The Fourteenth Amendment
Instructor’s Resource Manual with Test Bank
26. In what case did the Supreme Court rule that death by electrocution did not violate the
cruel and unusual punishment clause?
a.
In re Kemmler (1890)
b.
Chambers v. Florida (1940)
c.
Furman v. Georgia (1972)
d.
Robinson v. California (1961)
27. The idea that the punishment must fit the crime is the Eighth Amendment principle of
a.
aggregation.
b.
proportionality.
c.
equivocality.
d.
equal protection.
28. In Robinson v. California (1962), the Supreme Court ruled that a 90-day sentence for
drug addiction was
a.
realistic.
b.
unreasonable.
c.
proportionate.
d.
disproportionate.
29. For what crime did the Supreme Court ban the use of the death penalty in Coker v.
Georgia (1977)?
a.
espionage
b.
treason
c.
rape of an adult female
d.
murder
30. After U.S. v. Booker (2005) sentencing guidelines became
a.
advisory.
b.
mandatory.
c.
unconstitutional.
d.
applicable.
Chapter 2: Constitutional Limits on Criminal Law
31. In which case did the Supreme Court rule that it violates the Constitution to execute a
mentally retarded criminal defendant?
a.
Penry v. Lynaugh. (1989)
b.
Coker v. Georgia. (1977)
c.
Roper v. Simmons. (2005)
d.
Atkins v. Virginia. (2002)
32. When U.S. Courts of Appeal review sentences they have to consider whether a
sentence is “unreasonable” in light of the Guidelines and
a.
the general purposes of sentencing under federal law.
b.
the Eighth Amendment.
c.
the special purposes of sentencing under federal law.
d.
public opinion.
33. In Roper v. Simmons (2005), the Supreme Court held that the Eighth Amendment
forbids the execution of
a.
rapists.
b.
the mentally ill.
c.
offenders who committed their crimes when they were under the age of 18.
d.
drug dealers.
34. To what cases do opinions in cases such as Apprendi rule, Blakely and Booker apply?
a.
death penalty cases only
b.
judge increased sentencing cases only
c.
misdemeanor cases only
d.
less serious felony cases only
35. According to the U.S. Supreme Court, California’s three-strikes law
a.
does not violate the Eighth Amendment.
b.
violates the Eighth Amendment.
c.
is constitutional only if applied to defendants who commit very serious felonies.
d.
is unconstitutional because it is disproportionate.
Instructor’s Resource Manual with Test Bank
TRUE/FALSE
1. In our constitutional democracy, the Constitution limits the power of the majority.
a. true
b. false
2. Ex post facto laws are forbidden by the Constitution.
a. true
b. false
3. Retroactive criminal laws undermine the “central values” of free societies.
a. true
b. false
4. Racial classifications by the government are subjected to the rational basis test under
the Equal Protection Clause.
a. true
b. false
5. The First Amendment protects only written or spoken words.
a. true
b. false
6. Fighting words are not protected by the First Amendment.
a. true
b. false
7. Laws that are overly broad in their reach might have a chilling effect on the exercise of
freedom of expression.
a. true
b. false
Chapter 2: Constitutional Limits on Criminal Law
8. The right to privacy is specifically mentioned by name in the U.S. Constitution.
a. true
b. false
9. District of Columbia v. Heller (2008) is the first successful Second Amendment
challenge in the Court’s history.
a. true
b. false
10. Apprendi v. New Jersey (2000) struck down a New Jersey statute authorizing judges to
increase a maximum sentence based on facts that the judge found to be true by a
preponderance of the evidence, but not proof beyond a reasonable doubt.
a. true
b. false
11. The ban on retroactive criminal lawmaking prevents officials from punishing conduct
they think is wrong but which no existing criminal law prohibits.
a. true
b. false
12. The Eighth Amendment requires that punishments be proportional to the crime.
a. true
b. false
13. The death penalty is always a violation of the Eighth Amendment.
a. true
b. false
14. Most state constitutions include a ban on retroactive statutes.
a. true
b. false
Instructor’s Resource Manual with Test Bank
15. In Coker v. Georgia (1977), the Supreme Court allowed the death sentence for the
crime of rape of an adult.
a. true
b. false
16. The Supreme Court has ruled that the death sentence is unconstitutional for the crime
of the rape of a child.
a. true
b. false
17. Thirty-five mentally retarded persons were executed between 1976 when the death
penalty was reinstated and 2001.
a. true
b. false
18. Until 2000, the guidelines and mandatory forms of fixed sentencing created only
possible cruel and unusual punishment problems.
a. true
b. false
19. Three-strikes laws have been ruled unconstitutional.
a. true
b. false
20. The U.S. Supreme Court has ruled that vague laws do not violate the guarantees of the
U.S. Constitution.
a. true
b. false
Chapter 2: Constitutional Limits on Criminal Law
COMPLETION
1. Under the Eighth Amendment, punishments must be _______________ to the offense.
2. In a pure democracy, the can have whatever it wants.
3. Because they are likely to incite violence, _______________ words are not protected
by the First Amendment.
4. Offensive, sexually explicit material not protected by the First Amendment is called
______________.
5. In v. Washington (2004), the Court struck down a Washington state
statute that allowed judges to increase the length of prison time beyond the “standard
range” prescribed in the Washington Sentencing Guidelines based on facts not proven
to a jury beyond a reasonable doubt.
6. Government classifications based on race are subject to _______________ scrutiny by
the courts.
Instructor’s Resource Manual with Test Bank
7. The Fifth Amendment to the U.S. Constitution guarantees that the federal government
shall not deny any individual life, liberty, or property without of
law.
8. Under the Equal Protection Clause, most criminal statutes are subject to only the
minimal scrutiny of the _______________ basis test.
9. Cruel and unusual punishment is prohibited by the _______________ Amendment.
10. The rule of law is also known as the principle of _______________.
ESSAY
1. What are the three levels of scrutiny under the Equal Protection clause, and to what
types of classifications does each apply? Explain each test.
2. What two concerns are raised by laws that are vague? Provide an example of each
concern. Why is some vagueness inevitable in any law?
Chapter 2: Constitutional Limits on Criminal Law
3. What does it mean that the First Amendment protects expressive speech? Discuss
Supreme Court cases that have dealt with expressive speech and criminal statutes.
4. Explain how the Constitution protects our right to privacy. Discuss Griswold v.
Connecticut (1965), Stanley v. Georgia (1969), and Lawrence v. Texas (2003).
5. Explain the principle of proportionality. Describe how the principle relates to the
death penalty and imprisonment.
