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 prov
Blakely
In what case did the Court apply the Apprendi rule to the U.S. Sentencing Guidelines?
U.S. v. Booker (2005)
Because sentencing guidelines are now advisory, appellate review of sentencing decisions is limited to determining whether they are:
reasonable
In our constitutional democracy, the Constitution limits the power of the majority.
True
The First Amendment protects only written or spoken words.
False
The right to privacy is specifically mentioned by name in the U.S. Constitution.
False
Under the Eighth Amendment, punishments must be ____________________ to the offense.
proportionate
Offensive, sexually explicit material not protected by the First Amendment is called ____________________.
obscenity
The _____ doctrine is concerned with giving individuals fair notice of what is criminal and preventing arbitrary or discriminatory enforcement of laws.
void-for-vagueness
After U.S. v. Booker (2005) sentencing guidelines became
advisory
Which Amendment contains the ban on cruel and unusual punishment?
The Eighth Amendment
For what crime did the Supreme Court ban the use of the death penalty in Coker v. Georgia (1977)?
Rape of an adult female
The Eighth Amendment requires that punishments be proportional to the crime.
true
Government classifications based on race are subject to ____________________ scrutiny by the courts.
strict
Racial classifications by the government are subjected to the rational basis test under the Equal Protection Clause.
False
The Supreme Court has ruled that the death sentence is unconstitutional for the crime of the rape of a child.
True
Which amendments to the Constitution resulted in the void-for-vagueness doctrine?
The Fifth and Fourteenth Amendments
The authors of the U.S. Constitution were suspicious of
power in the hands of government officials
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?
obscene materials
What is the name of a law that criminalizes an act that was innocent when it was committed?
ex post facto law
Thirty-five mentally retarded persons were executed between 1976 when the death penalty was reinstated and 2001.
true
The U.S. Supreme Court has ruled that vague laws do not violate the guarantees of the U.S. Constitution.
false
Which Amendment to the Constitution contains the Equal Protection clause?
The Fourteenth Amendment
Three-strikes laws have been ruled unconstitutional.
False
Until 2000, the guidelines and mandatory forms of fixed sentencing created only possible cruel and unusual punishment problems.
True
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.
due-process
The void-for-overbreadth doctrine invalidates laws that have what effect on protected expression?
an unacceptable chilling effect
Because they are likely to incite violence, ____________________ words are not protected by the First Amendment.
fighting
According to the U.S. Supreme Court, California's three-strikes law
does not violate the Eighth Amendment
Until what year did the guidelines and mandatory forms of fixed sentencing create only possible cruel and unusual punishment problems?
2000
The death penalty is always a violation of the Eighth Amendment.
False
Fighting words are not protected by the First Amendment.
True
When U.S. Courts of Appeal review sentences they have to consider whether a sentence is "unreasonable" in light of the Guidelines and
the general purposes of sentencing under federal law.
The ban on retroactive criminal lawmaking prevents officials from punishing conduct they think is wrong but which no existing criminal law prohibits.
true
The idea that the punishment must fit the crime is the Eighth Amendment principle of
proportionality
What name is given to offensive, sexually explicit material that is not protected by the First Amendment?
obscenity
The U.S. Supreme Court took a "hands off" approach to sentencing procedures until what case?
Apprendi v. New Jersey (2000)
According to Griswold v. Connecticut (1965), which of the following describes the constitutional right to privacy?
a fundamental right
Which Amendment to the Constitution requires that states provide equal protection of the law?
The Fourteenth Amendment
Most state constitutions include a ban on retroactive statutes.
true
In Barnes v. Glen Theatre, Inc., et al. (1991), the Supreme Court ruled that a state law banning totally nude dancing in public was
constitutional because it furthers a substantial government interest in protecting order and morality.
Under the Equal Protection Clause, most criminal statutes are subject to only the minimal scrutiny of the ____________________ basis test.
rational