Exam 2 Flashcards
88% of criminologist say that the death penalty is an effective deterrent for criminals
False
The eighth amendment provides protections against which of the following
All above
According to the lecture, you can only receive the death penalty for which of the following crimes
Murder
Innocent people receive the death penalty for a crime they did not commit at least 11% of the time
True
Which clause within the eighth amendment was described as the most important, and most controversial during the lecture
 the cruel and unusual punishment clause
Which of the following is not concerned about the eighth amendment discussed class
Whether only barbaric punishments are included as cruel, or if disproportionate offenses to crime committed, are also considered, cruel and unusual
According to Professor Reagan, what is not a reason, the death penalty is potentially problematic
Some methods are more inhumane than others
According to Professor Rankin, waterboarding has been proven to be an effective method to get accurate information from people during it and interrogation
False
All the following rights were mentioned in class as falling under the ninth amendment, except
The right to their arms
How is ninth amendment describe during the lecture
Kitchen sink amendment
The meaning of the ninth amendment is determined by
The justice that is currently interpreting it
The ninth and 10th amendments are both catch all amendments
Sure
The 10th amendment reserves powers, not explicitly granted to blank in the constitution to blank
The federal government and the states
What can you do under the 11th amendment?
You can sue your own state with its permission
Sovereign immunity prevents you from issuing your own state without its consent
True
The first amendment provides an absolutely protection of the right to speak freely
False
The most recent amendment to the US Constitution was passed 1992 was originally written by James Monroe
False
What are the five freedoms protected under the first amendment?
Religion, speech press, assembly, and petition
Under the first amendment of the United States, cannot establish
A national religion
Speaking, generally what happens to the religious beliefs of people who become more educated
They typically become less religious
The first amendment is not applied to hate groups like the KKK
False
In the lecture, the first amendment was described as a second version of what American document
Preamble
What is the fastest growing religion in the United States as mentioned during the lecture
Unaffiliated
Mental harm is sniffing, clearly more difficult to prove than physical harm
True
Everywhere in the United States has been involved in centered around, which idea
Religion
Where is the word? God mentioned in the United States Constitution.
Nowhere
Under the first amendment, Americans have the right to protest and speak freely up until the points that they cause harm to another person
True
Based on the lecture 80% of Americans agree with most gun laws
True
According to Professor Rankin, the debate over the second amendment has been about
Whether it applies to private citizens, or only the militia
Who is considered the modern de militia?
The United States, National Guard
True or false the selective service currently includes well men and women, but it is only used to be for men
False
Why were the anti-federalist concerned about the second amendment?
They argued that it would take away the power from the states to be able to defend themselves from the tyranny, federal government
The second amendment was applied to the States, and no longer just the federal government, after which amendment was passed
14th amendment
A warrant is required before police can search a person or their property in which of the following cases
The police have a suspicion that a persons do something illegal in their house, but they do not have any proof
The weapons used in the military today are the same ones that average American owns in their household
False
What does a third amendment generally say?
The government cannot place military personnel in your home for any reason
How is the fourth amendment understood today
Establishes limitations on the federal government during searches and seizures of a person or their property
Which amendment did Professor Rankin consider the least controversial amendment? Ann has never had a single Supreme Court case ruling about it.
The third amendment
Professor Rankin mentioned that the fourth amendment is most likely to become most relevant amendment because of technological advances, especially with our phone usage
True, true
What is the exclusionary rule?
If the police obtain evidence in an illegal search then that evidence cannot be used in court
Probable cause applies in all of the following instances, except
A police officer does not have a warrant and a person refuses to let the officer enter their home
According to the lecture people act differently when they know someone else is watching them
True
The capital crime is the only kind of crime where the death penalty applies
True
The sixth amendment includes the right to which of the following
A speedy and public trial
What is double jeopardy?
You cannot be tried for the same crime
The court of the public opinion has the same consequences as the legal courts
False
When people say I plead the fifth where they were referring to
Their protection in the fifth amendment that says you cannot be compelled to testify against yourself in a criminal case
Miranda v Arizona requires the police to
Read you your rights before arresting you
What clause is the eminent domain under? What does it require?
The takings clause, and it requires the government to establish a public use, and provide just commission in order to take a persons property
Based on the lecture and indictment, does not mean that a person is guilty of committing a crime
True
What did persecutors and defense lawyers do to avoid the overwhelming time and expenses needed to carry out jury trials
They plea bargain to avoid trial
In the lecture, how did Professor Rankin describe trials during the early days in our country?
Shouting matches
What does the compulsory process clause of the sixth amendment say?
Defendants have the right to subpoena witnesses, which will force them to testify at trial
According to Professor Rink, in the United States of America is the second most incarcerated country in the world
False
What was established in the supreme court case of Gideon v Wainwright
If a person cannot afford a lawyer, they are entitled to a government funded lawyer appointed to them by the court
Based on the lecture slides, what does the joy have the power to do regardless of how strong a persecution case is
Aquit
The confrontation clause of the sixth amendment requires witnesses to testify in court for their statement to be used
True
