Exam 2 Flashcards

1
Q

88% of criminologist say that the death penalty is an effective deterrent for criminals

A

False

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2
Q

The eighth amendment provides protections against which of the following

A

All above

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3
Q

According to the lecture, you can only receive the death penalty for which of the following crimes

A

Murder

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4
Q

Innocent people receive the death penalty for a crime they did not commit at least 11% of the time

A

True

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5
Q

Which clause within the eighth amendment was described as the most important, and most controversial during the lecture

A

 the cruel and unusual punishment clause

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6
Q

Which of the following is not concerned about the eighth amendment discussed class

A

Whether only barbaric punishments are included as cruel, or if disproportionate offenses to crime committed, are also considered, cruel and unusual

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7
Q

According to Professor Reagan, what is not a reason, the death penalty is potentially problematic

A

Some methods are more inhumane than others

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8
Q

According to Professor Rankin, waterboarding has been proven to be an effective method to get accurate information from people during it and interrogation

A

False

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9
Q

All the following rights were mentioned in class as falling under the ninth amendment, except

A

The right to their arms

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10
Q

How is ninth amendment describe during the lecture

A

Kitchen sink amendment

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11
Q

The meaning of the ninth amendment is determined by

A

The justice that is currently interpreting it

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12
Q

The ninth and 10th amendments are both catch all amendments

A

Sure

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13
Q

The 10th amendment reserves powers, not explicitly granted to blank in the constitution to blank

A

The federal government and the states

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14
Q

What can you do under the 11th amendment?

A

You can sue your own state with its permission

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15
Q

Sovereign immunity prevents you from issuing your own state without its consent

A

True

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16
Q

The first amendment provides an absolutely protection of the right to speak freely

A

False

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17
Q

The most recent amendment to the US Constitution was passed 1992 was originally written by James Monroe

A

False

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18
Q

What are the five freedoms protected under the first amendment?

A

Religion, speech press, assembly, and petition

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19
Q

Under the first amendment of the United States, cannot establish

A

A national religion

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20
Q

Speaking, generally what happens to the religious beliefs of people who become more educated

A

They typically become less religious

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21
Q

The first amendment is not applied to hate groups like the KKK

A

False

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22
Q

In the lecture, the first amendment was described as a second version of what American document

A

Preamble

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23
Q

What is the fastest growing religion in the United States as mentioned during the lecture

A

Unaffiliated

24
Q

Mental harm is sniffing, clearly more difficult to prove than physical harm

A

True

25
Q

Everywhere in the United States has been involved in centered around, which idea

A

Religion

26
Q

Where is the word? God mentioned in the United States Constitution.

A

Nowhere

27
Q

Under the first amendment, Americans have the right to protest and speak freely up until the points that they cause harm to another person

A

True

28
Q

Based on the lecture 80% of Americans agree with most gun laws

A

True

29
Q

According to Professor Rankin, the debate over the second amendment has been about

A

Whether it applies to private citizens, or only the militia

30
Q

Who is considered the modern de militia?

A

The United States, National Guard

31
Q

True or false the selective service currently includes well men and women, but it is only used to be for men

A

False

32
Q

Why were the anti-federalist concerned about the second amendment?

A

They argued that it would take away the power from the states to be able to defend themselves from the tyranny, federal government

33
Q

The second amendment was applied to the States, and no longer just the federal government, after which amendment was passed

A

14th amendment

34
Q

A warrant is required before police can search a person or their property in which of the following cases

A

The police have a suspicion that a persons do something illegal in their house, but they do not have any proof

35
Q

The weapons used in the military today are the same ones that average American owns in their household

A

False

36
Q

What does a third amendment generally say?

A

The government cannot place military personnel in your home for any reason

37
Q

How is the fourth amendment understood today

A

Establishes limitations on the federal government during searches and seizures of a person or their property

38
Q

Which amendment did Professor Rankin consider the least controversial amendment? Ann has never had a single Supreme Court case ruling about it.

A

The third amendment

39
Q

Professor Rankin mentioned that the fourth amendment is most likely to become most relevant amendment because of technological advances, especially with our phone usage

A

True, true

40
Q

What is the exclusionary rule?

A

If the police obtain evidence in an illegal search then that evidence cannot be used in court

41
Q

Probable cause applies in all of the following instances, except

A

A police officer does not have a warrant and a person refuses to let the officer enter their home

42
Q

According to the lecture people act differently when they know someone else is watching them

A

True

43
Q

The capital crime is the only kind of crime where the death penalty applies

A

True

44
Q

The sixth amendment includes the right to which of the following

A

A speedy and public trial

45
Q

What is double jeopardy?

A

You cannot be tried for the same crime

46
Q

The court of the public opinion has the same consequences as the legal courts

A

False

47
Q

When people say I plead the fifth where they were referring to

A

Their protection in the fifth amendment that says you cannot be compelled to testify against yourself in a criminal case

48
Q

Miranda v Arizona requires the police to

A

Read you your rights before arresting you

49
Q

What clause is the eminent domain under? What does it require?

A

The takings clause, and it requires the government to establish a public use, and provide just commission in order to take a persons property

50
Q

Based on the lecture and indictment, does not mean that a person is guilty of committing a crime

A

True

51
Q

What did persecutors and defense lawyers do to avoid the overwhelming time and expenses needed to carry out jury trials

A

They plea bargain to avoid trial

52
Q

In the lecture, how did Professor Rankin describe trials during the early days in our country?

A

Shouting matches

53
Q

What does the compulsory process clause of the sixth amendment say?

A

Defendants have the right to subpoena witnesses, which will force them to testify at trial

54
Q

According to Professor Rink, in the United States of America is the second most incarcerated country in the world

A

False

55
Q

What was established in the supreme court case of Gideon v Wainwright

A

If a person cannot afford a lawyer, they are entitled to a government funded lawyer appointed to them by the court

56
Q

Based on the lecture slides, what does the joy have the power to do regardless of how strong a persecution case is

A

Aquit

57
Q

The confrontation clause of the sixth amendment requires witnesses to testify in court for their statement to be used

A

True