1. The Thirteenth Amendment:
a. deals with the right to due process of law.
b. abolished slavery.
c. established prohibition.
d. guarantees equal protection.
2. Among other things, the Fourteenth Amendment:
a. permitted blacks to be citizens of the United States.
b. permitted states to determine the citizenship status of blacks.
c. abolished slavery in the territories.
d. overturned the Emancipation Proclamation.
3. After the Plessy decision, the concept of “separate but equal” became entrenched in the Southern states through
the enactment of:
a. the Civil Rights Act of 1964. b. school desegregation.
c. Jim Crow laws. d. the Fourteenth Amendment.
4. The case of Dred Scott v. Sandford held that:
a. blacks had equal rights with whites.
b. the concept of “separate but equal” was unconstitutional.
c. freed slaves did not have the right to remain free in territory where slavery was still legal.
d. states could determine whether ex–slaves could be citizens.
5. “Due process of law” means:
a. all state citizens have the right to a grand jury indictment.
b. fairness of government actions.
c. states must treat all citizens equally.
d. federal law cannot usurp state rights.
6. The fundamental provisions of the Bill of Rights have been applied to the states through the process of:
a. stare decisis b. judicial activism
c. summary judgment d. selective incorporation
7. Which of the following has not been enacted to outlaw discrimination?
a. the Civil Rights Act. b. the Equal Rights Amendment.
c. the Voting Rights Act. d. the Equal Pay Act.
8. Which of the following was not one of the pressing issues that led to the Civil War?
a. state banks and money versus national banks and currency.
b. freedom versus slavery in the territories.
c. federal aid versus state aid for improving highways and railways.
d. racial segregation in the South.
9. Title VII prohibits policies or practices that are not intended to discriminate but, in fact, have a disproportionately
negative effect on minorities, also known as:
a. disparate treatment. b. disparate impact.
c. reverse discrimination. d. preemption.
10. The Court acknowledged that virtual exclusion of African-Americans from juries constituted an equal protection
violation in:
a. Adarand v. Pena. b. Norris v. Alabama.
c. Swain v. Alabama. d. Batson v. Kentucky.
11. A situation in which racial minorities are treated more harshly at some points and in some places in the criminal
justice system, but no differently than whites at other points and in other places best describes:
a. pure discrimination. b. systematic discrimination.
c. contextual discrimination. d. discretionary discrimination.
12. Sentencing guidelines have reduced:
a. racial disparity. b. ethnic disparity.
c. death sentences. d. sentence disparity.
13. Which of the following holds that only the provisions of the Bill of Rights that are fundamental to the American
legal system are applied to the states through the due process clause of the Fourteenth Amendment?
a. The incorporation doctrine b. The equal justice clause
c. The selective preemption doctrine d. The civil liberties proclamation
14. The Supreme Court ruling in United States v. Virginia, which held that exclusion of females was unconstitutional,
involved denial of admission to a:
a. medical school. b. golf tournament.
c. NASA astronaut training program. d. military institute.
15. Perhaps one of the most fundamental constitutional rights of prisoners is:
a. access to the courts b. freedom of religion
c. due process in disciplinary hearings d. freedom of speech
16. Discrimination is:
a. an attitude.
b. not punishable by law.
c. a behavior.
d. an unconscious bias learned through socialization.
17. Which of the following amendments has most recently been held applicable to the states?
a. Second Amendment right to bear arms.
b. Fifth Amendment guarantee of criminal prosecution only on a grand jury indictment.
c. Seventh Amendment guarantee of a jury trial in a civil case.
d. Fourth Amendment right against unreasonable searches and seizures.
18. Plessy v. Ferguson held that:
a. our Constitution must be color blind.
b. discrimination was outside the realm of the Court.
c. it is up to legislation to eradicate prejudice.
d. the economic cost of segregation would be staggering.
19. The Constitution was originally drafted to limit the power of:
a. the federal government.
b. governments of the 13 independent colonial states.
c. British rule over the colonies.
d. Congress.
20. A major issue facing the criminal justice system today is the growing population of and rising crime rates
associated with:
a. juveniles b. crack dealers
c. illegal immigrants d. organized biker gangs.
21. In which case did the plaintiffs claim that they were being denied their right to equal protection of the law and that
the laws of “separate but equal” were, in fact, not equal?
a. Marbury v. Madison
b. Dred Scott v. Sanford
c. Regents of the University of California v. Bakke
d. Brown v. Board of Education of Topeka
22. State constitutions serve all of the following purposes except to:
a. impose
limitations
on the exercise of state
government’s
power.
b. affirm the existence of certain powers.
c. establish the supremacy of the state constitution over all federal laws and actions.
d. establish the
organization
of a state’s governing bodies.
23. The Court’s 1964 ruling in Cooper v. Pate held that:
a. inmates retained all of their civil rights.
b. inmates lost all of their civil rights.
c. inmates could sue the warden for deprivation of basic rights.
d.
discarding
inmates’ petitions to the court was unconstitutional.
24. The section of the Civil Rights Act prohibits intentional acts of employment discrimination based on race, color,
religion, sex, and national origin is:
a. USC Section 1983 b. Title VII
c. Section 287(g) d. Title IX
25. Prejudice is:
a. an attitude.
b. punishable by law.
c. a behavior.
d. deemed unconstitutional under the Fourteenth Amendment.
26. Amenities such as cable television in prison are considered to be inmate:
a. pampering. b. privileges.
c. rights. d. sanctions.
27. Delegation of federal immigration enforcement to state and local law enforcement agencies so they may assist in
enforcing federal immigration laws is allowed by:
a. Section 1983 of the U.S. Code
b. Congress
c. Section 287(g) of the Immigration and Nationality Act
d. The Department of Justice
28. Inmates can sue for violation of their constitutional rights under:
a. USC Section 1983 b. the Civil Rights Act of 1964
c. the Prisoner’s Rights Act of 1992 d. the Due Process Act of 1978.
29. Women were granted the right to vote:
a. through the Emancipation Proclamation.
b. 50 years before discrimination based on race was prohibited.
c. at the same time discrimination based on race was prohibited.
d. 50 years after discrimination based on race was prohibited.
30. The landmark case in the issue of affirmative action is:
a. United Steelworkers of America v. Weber (1979).
b. Regents of the University of California v. Bakke (1978).
c. United States v. Paradise (1987).
d. Fullilove v. Klutznick (1980).
31. The Thirteenth Amendment granted citizenship to the freed slaves.
a. True
b. False
32. Unintentional acts of employment discrimination based on race, color, sex, religion, or national origin are
prohibited by Title VII of the Civil Rights Act.
a. True
b. False
33. Affirmative action programs were created to spread equal opportunities throughout the diverse American
population.
a. True
b. False
34. Rights and privileges are both legally protected.
a. True
b. False
35. Even after Lincoln issued the Emancipation Proclamation, slavery remained entrenched in the states.
a. True
b. False
36. Full due process rights are afforded to inmates in prison disciplinary proceedings.
a. True
b. False
37. The Bill of Rights was originally meant to apply only to the states, not the national government.
a. True
b. False
38. Jim Crow laws emerged across the south following the Supreme Court’s ruling in Plessy v. Ferguson (1896).
a. True
b. False
39. Reverse discrimination consists of giving preferential treatment in hiring and promoting women and minorities to
the detriment of white males.
a. True
b. False
40. The Equal Protection Clause prohibits discrimination in jury selection only when it is based on race.
a. True
b. False
41. In the Brown decision, the Supreme Court ruled that “separate but equal” were illegal.
42. The is the belief that through hard work anyone can have success and ample material possessions.
43. programs are sometimes referred to as ethnic-preference or gender-preference programs.
44. The guarantees that states shall not deny any person due process nor equal protection of the laws.
45. After the Civil War, many southern states continued discrimination by passing which forbade
blacks to vote, serve on juries, hold certain jobs, move freely, own firearms, or gather in groups.
46. is an attitude; discrimination is a behavior.
47. segregated blacks from whites in schools, restaurants, and even cemeteries.
48. In Dred Scott v. Sanford, the Supreme Court ruled that even could not be citizens and they
had “no rights which a white man was bound to respect.”
49. The incorporation doctrine is also known as the doctrine of incorporation.
50. The contention that police single out subjects based solely on the color of their skin frequently leads to allegations
of .
51. Discuss what alleged racial disparities exist within our criminal justice system.
52. Explain what the Fourteenth Amendment did and its effect on all U.S. citizens.
53. Describe what affirmative action programs are, where they are used, and discuss whether you feel they are
effective. Are they appropriate? Are they fair?
54. Explain the events leading up to the passage of the Thirteenth Amendment and how effective it was.
55. Discuss the difference between prejudice and discrimination and give examples of each.
56. Though slavery was abolished in 1862, racial turbulence persisted and Congress passed the
which gave Blacks citizenship.
57. In 1863, President Lincoln declared free all the slaves in the rebelling states in the .
58. The government is prohibited from unfairly or arbitrarily denying a citizen fundamental or constitutionally protected
rights under .
59. Similarly situated people are treated in similar ways under the law under .
60. Under the Constitution, laws themselves must be fair to be consistent with .
61. How law is carried out to ensure guaranteed rights of fairness is known as the incorporation doctrine.
a. True
b. False
62. The Supreme Court has developed a series of fundamental rights not specifically enumerated in the Bill of Rights
using the incorporation doctrine.
a. True
b. False
63. In Adamson v. California, Justice Black wrote that the 14th Amendment required total incorporation of the Bill of
Rights.
a. True
b. False
64. Due process procedural safeguards can be found in both the Fifth and 14th Amendments.
a. True
b. False
65. When procedural due process is applied to property interests, a person must be given notice of the deprivation but
not a reasonable opportunity to be heard.
a. True
b. False
66. When a court is determining the amount of procedural due process owed an individual, it will look at:
a. the significance of the affected interest.
b. whether additional safeguards would reduce the risk of error.
c. the public interest in resolving the matter efficiently.
d. all of the above
67. The Griswold case revived interest in which type of rights?
a. fundamental
b. unenumerated
c. substantive
d. enumerated
68. The Supreme Court has found areas into which the government may not intrude known as
a. zones of privacy.
b. unenumerated rights.
c. due process controlled areas.
d. none of the above.
69. The ultimate importance of this case is that the Supreme Court will recognize unenumerated rights within the Due
Process Clause.
a. Dred Scott
b. Griswold
c. Plessy v. Ferguson
d. Washington v. Glucksberg
70. Assume that police suspect Anne Smith of murder and they had DNA evidence at the crime scene that likely
belongs to the killer. Law enforcement does not have adequate probable cause to obtain a search warrant to acquire
Ms. Smith to produce a DNA sample, but they do know that her brother does not like his sister and would gladly
provide a familial DNA sample if asked. DNA samples of people who are related are likely to contain similarities. If
the police obtain a DNA sample from her brother even though they have insufficient evidence to implicate Ms.
Smith, explain why this procedure might concern civil rights advocates.
71. Should a person’s race, religion, or ethnicity ever be used as a basis for law enforcement action? Why or why not?
72. Assume a judge, legislator, or police officer is not prejudiced against minority groups, but they disproportionately
punish minority groups through their rulings, laws, or enforcement policies. Should this unintended impact allow us to
label the behavior discriminatory? Why or why not?
73. If the death penalty is twice as likely to be imposed on an African-American defendant convicted of the same crime
as a Caucasian-American, do you think this is grounds to examine the sentences for discrimination? What, if
anything, can be done about such results?
74. Is there such a thing as reverse discrimination? If so, is it really necessary?
75. Enumerated rights are typically examined by the Supreme Court using
a. intermediate scrutiny.
b. rational basis.
c. deliberative response.
d. strict scrutiny.