Chapter 3: Limitations on Criminal Law

Question 1

2 Major Restrictions against Substantive Criminal Law

Answer 1

1. The Due Process Clause

2. The 8th Amendment prohibition against cruel and unusual punishment

Question 2

Due Process Clause

Answer 2

Found in the 5th & 14th Amendments

“No person shall be deprived of life, liberty, or property without due process of law”

Question 3

2 Due Process Clauses

5th amendment

Answer 3

Protects individuals from actions by the federal government

Question 4

2 Due Process Clauses

14th amendment

Answer 4

Protects individuals from actions by state government

Question 5

When is a statute vague?

Answer 5

When it is so vague that a reasonable person must necessarily guess as to the meaning and application.

Question 6

Jurisdiction

Answer 6

The power of a court to exercise its authority over the subject matter or person.

Question 7

The two general areas of legal jurisdiction

Answer 7

state and federal

Question 8

Venue

Answer 8

Venue is quite often associated with jurisdiction and refers to the geographical location where a trial should be held.

Question 9

3 Aspects of Legality

Answer 9

1. To block government from punishing an individual for an action that was lawful when performed.
2. To compel the government to give advance notice of what conduct it considers to be criminal. (Ex Post Facto laws)
3. To prohibit bills of attainder

Question 10

Ex Post Facto Laws

Answer 10

These are laws that retroactively make criminal actions that were innocent at the time they were committed.

Question 11

Bill of Attainder

Answer 11

A special type of law that declared a particular person guilty of a crime and thus be subject to a punishment without a trial or conviction. Bills of Attainder were legislative acts that singled out individuals or groups for punishment without a trial.

Question 12

Double Jeopardy

Answer 12

The 5th amendment provides a constitutional guarantee against double jeopardy which is designed to restrict government action in certain situations. The basic interpretation from 5th amendment is that a person can’t be tried or punished twice for the same offense.

Question 13

3 Restrictions of Double Jeopardy

Answer 13

1. A person accused of a crime is protected from prosecutions for the same crime after they have been acquitted.
2. A person accused of a crime is protected from prosecution for the same crime after they have been convicted.
3. A person accused of a crime is protected from multiple punishments for the same crime.

Question 14

2 Exceptions to Double Jeopardy

Answer 14

1. Jurisdiction

2. Trial Defect (hung jury, mistrial)

Question 15

Based on the above video on Due Process, which of the following are the two concepts of due process?

Answer 15

Substantive

Question 16

This questions requires some research on your own in regards to jurisdiction. In the case of the Oklahoma City Bombing, if both the state of Oklahoma and the federal government chose to prosecute Timothy McVeigh in two separate trials, would McVeigh be able to claim a double jeopardy violation?

Answer 16

No

Question 17

According to the above video on right to privacy, what is the standard required for the government to deny a right of privacy?

Answer 17

Strict Scrutiny

Question 18

Based on the above video on Equal Protection, when a government action concerns a protected class, which of the following is NOT part of the five step process of strict scrutiny?

Answer 18

Lack of standing

Question 19

Based on the Bill of Rights video, match the subject matter to the correct amendment

Answer 19

2nd —> Right to bear arms
1st —> Right to free speech
4th —> Right against unreasonable searches/seizures
8th —> Right against cruel and unusual punishment
5th —> Right against self incrimination
7th —> Right to a trial by a jury of ones peers