3.3. Sources of Criminal Law: Federal and State Constitutions

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Questions

Question 1

Which of the following is one of the only three crimes explicitly recognized in the body of the United States Constitution?

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Question 2

What is an ex post facto law, as prohibited by the U.S. Constitution?

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Question 3

What does the concept of a 'bill of attainder' refer to?

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Question 4

The process of making provisions of the Bill of Rights applicable to the states through the Fourteenth Amendment is known as what?

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Question 5

According to the text, which Supreme Court case was pivotal in establishing the authority of judicial review?

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Question 6

Which part of the Constitution is the primary tool for making the Bill of Rights applicable to the states?

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Question 7

In the case of Griswold v. Connecticut, the Supreme Court found a right to privacy located where in the Constitution?

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Question 8

What is the relationship between federal and state constitutions regarding individual rights?

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Question 9

Which of the following types of speech is considered 'non-protected' and may be limited by law, according to the Supreme Court's interpretation of the First Amendment?

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Question 10

According to Reichel's three-step process for achieving the rule of law, what is the final step?

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Question 11

The Fourteenth Amendment's Equal Protection Clause requires that laws treating people differently must be, at a minimum, what?

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Question 12

What was the Supreme Court's ruling in Texas v. Johnson (1989)?

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Question 13

The Eighth Amendment prohibits punishments that are considered 'cruel and unusual'. The text describes this as meaning punishments cannot be barbaric or what?

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Question 14

Which clause of the First Amendment prevents Congress from creating a national religion?

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Question 15

The Supreme Court case of McDonald v. Chicago (2010) is significant for what reason related to the Second Amendment?

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Question 16

The Fifth Amendment's protection against self-incrimination gives defendants the right to remain silent during what kind of interrogation?

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Question 17

What does the 'void for vagueness' doctrine, derived from the Fourteenth Amendment's Due Process Clause, prohibit?

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Question 18

Which of the following is NOT a right guaranteed to a criminal defendant by the Sixth Amendment?

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Question 19

What level of judicial scrutiny is applied to laws that treat people differently based on race or ethnicity?

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Question 20

According to the Supreme Court in Stack v. Boyle, when is bail considered 'excessive' under the Eighth Amendment?

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Question 21

The debate over whether the Bill of Rights should be incorporated to the states all at once or piece-by-piece was a conflict between which two theories?

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Question 22

Which Supreme Court case from 2019, mentioned in the text, incorporated the Eighth Amendment's guarantee against excessive fines to the states?

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Question 23

What is the primary role of Congress in creating criminal law, as distinct from the states?

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Question 24

Which clause of the Fifth Amendment is one of only two clauses from the Bill of Rights that has not been incorporated to the states?

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Question 25

The case of Roe v. Wade is cited as an example of the court finding a constitutional right to privacy in what context?

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Other chapters

1.1. Crime and the Criminal Justice System1.2. Deviance, Rule Violations, and Criminality1.3. Social Norms: Folkways, Mores, Taboo, and Laws1.4. Interactionist View1.5. Consensus View and Decriminalizing Laws1.6. Conflict View1.7. The Three C's: Cops, Courts, and Corrections1.8. The Crime Control and Due Process Models1.9. How Cases Move Through the System1.10. Media Coverage of Crimes1.11. Wedding Cake Model of Justice1.12. Street Crime, Corporate Crime, and White-Collar Crime1.13. Different Types of Crimes and Offenses1.14. Victims and Victim Typologies1.15. Victim Rights and Assistance1.16. "Spare the Rod, Spoil the Child" Myth/Controversy2.1. Dark or Hidden Figure of Crime2.2. Official Statistics2.3. Victimization Studies2.4. Self-Report Statistics2.5. Misusing Statistics3.1. Functions and Limitations of Law3.2. Civil, Criminal, and Moral Wrongs3.4. Sources of Criminal Law: Statutes, Ordinances, and Other Legislative Enactments3.5. Sources of Law: Administrative Law, Common Law, Case Law and Court Rules3.6. Classifications of Law3.7. Substantive Law: Defining Crimes, Inchoate Liability, Accomplice Liability, and Defenses3.8. Substantive Law: Punishment: Incarceration and Confinement Sanctions3.9. Substantive Law: Physical Punishment Sentences3.10. Substantive Law: Monetary Punishment Sentences3.11. Substantive Law: Community-Based Sentences3.12. Procedural Law4.1. Importance of Policy in Criminal Justice4.2. The Myth of Moral Panics4.3. The Stages of Policy Development4.4. Importance of Evidence Based Practices4.5. Re-Evaluating Policy5.1. What is Theory?5.2. What Makes a Good Theory?5.3. Pre-Classical Theory5.4. Classical School5.5. Neoclassical5.6. Positivist Criminology5.7. Biological and Psychological Positivism5.8. The Chicago School5.9. Strain Theories5.10. Learning Theories5.11. Control Theories5.12. Other Criminological Theories6.1. Policing in Ancient Times6.2. Sir Robert Peel6.3. Policing Eras6.4. Levels of Policing and Role of Police6.5. Recruitment and Hiring in Policing6.6. Recruitment and Hiring Websites for Future Careers6.7. Police Misconduct, Accountability, and Corruption6.8. Current Issues: Police Shootings6.9. Current Issues: Use of Force and Vehicle Pursuits6.10. Current Issues: Stereotypes in Policing6.11. Current Issues: Accountability6.12. Current Issues: Internal Affairs and Discipline6.13.Current Issues: Body Cameras6.14. Myth: “Police Only Write Speeding Tickets to Harass Citizens and it is Entrapment.”7.1. Introduction to the U.S. Court System7.2. Jurisdiction7.3. Structure of the Courts: The Dual Court and Federal Court System7.4. Structure of the Courts: State Courts7.5. American Trial Courts and the Principle of Orality7.6. The Appeals Process, Standard of Review, and Appellate Decisions7.7. Federal Appellate Review of State Cases7.8. Courtroom Players: Judges and Court Staff7.9. Courtroom Players: Prosecutors7.10. Courtroom Workgroup: Defense Attorneys8.1. A Brief History of The Philosophies of Punishment8.2. Retribution8.3. Deterrence8.4. Incapacitation8.5. Rehabilitation8.6. Prisons and Jails8.7. A Brief History of Prisons and Jails8.8. Types of Jails8.9. Who Goes to Jail?8.10. Growth of Prisons in the United States8.11. Types of Prisons8.12. Prison Levels8.13. Who Goes to Prison?9.1. Diversion9.2. Intermediate Sanctions9.3. Probation9.4. Boot Camps/Shock Incarceration9.5. Drug Courts9.6. Halfway Houses9.8. House Arrest9.9. Community Residential Facilities9.10. Restorative Justice9.11. Parole9.12. Current Issues in Corrections9.13. Current Issues in Corrections: Mass Incarceration9.14. Current Issues in Corrections: War on Drugs and Gangs9.15. Current Issues in Corrections: Aging and Overcrowding9.16. Current Issues in Corrections: Reentry and the Future of Corrections10.1. Youth Crime10.2. Juvenile Justice10.3. History of the Juvenile Justice System10.4. Delinquency10.5. Juvenile Justice Process10.6. Due Process in the Juvenile Court10.7. The Juvenile Justice and Delinquency Prevention Act of 197410.8. Getting Tough: Initiatives for Punishment and Accountability10.9. Returning to Rehabilitation in the Contemporary Juvenile Justice System10.10. The Structure of the Juvenile Justice System10.11. Juvenile InstitutionsGlossary