Criminal Law Ch. 2

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