POSI TEST 1

texas incarceration as of 2020 was at

455/100,100

which amendment protects individuals from testifying against themselves in a court of law

5th

which amendments contribute to ensuring criminal due process

8th,6th,4th,5th

in 2022 how many operational units were under the jurisdiction of the texas dept of criminal

99

requires federal gvmt to implement measures aimed at reinforcing equal access to employment by mandating procedures that gave qualified minority workers an equal oppurtunity to gain gvmt jobs

Affirmative action

influential figure began civil rights work by organizing strikes by farmworkers to attain basic labor rights for migrant workers

Cesar Chavez

are ancestral countries for many Asian Americans

China, India, the Phillippines

the supreme court has generally held that those convicted in state courts and who appeal on the grounds that their federal constitutional rights are violated are limited to

one appeal

equal opportunity clause

policy that requires the federal gvmt to implement measures aimed at reinforcing equal access to employment by mandating recruitment procedures that gave qualified minority equal opportunity

which amendment passed after the civil war granted african American men the right to vote

15th

examples of de jure discriminations

-a state requires separate public bathrooms for black and white people

What constitutional amendment is of special significance for supreme courts when considerring how to best protect individual rights from actions by state and local gvmts

14th

Brandenburg v. Ohio

1969--Determined that a law that proscribes advocacy of violence for political reform is constitutional if applied to speech that is not directed toward producing imminent lawlessness and is not likely to produce such action is not constitutional.

what year did texas reinstate the death penalty after a national moratorium on this type of punishment

1976

which amendment to the constitution contains the establishment clause and free exercise clause

1st amendment

which of the following is a major problem with civil asset forfeiture

Assets are taken without due process

the movement of mentally ill idividuals out of large,state-run psychiatric hospitals in the latter half of the twentieth century has been termed

Deinstitutionalization

Schneck v. US

Free speech limited in clear and present danger,you cant falsely yell fire

the first amendment clause barring the gvmt from passing any laws that prohibit an individuals practice of their religion is known as

Free-excercise clause

which sociologist authored the book an American dilemma

Gunnar Myrdal

The barrier to restrict speech established in Brandenburg v. Ohio is best described as

IMPOSING

Overcriminalization

Notion that laws defining criminal behavior have proliferated to include "vast areas of [nonviolent] conduct" and as such, represent an overreach of criminal justice power

Engle v. Vitale

Supreme Court case that ruled that prayer in public school violated the establishment clause

in texas which entity determines if an offender has been sufficiently rehabiliated to be paroled

Texas board of pardons and paroles

applies when the government seeks punishment on behalf of society or a victim

Texas criminal

is the chief enforcement agency in texas

Texas department of public safety

de facto discrimination

Type of discrimination in which despite legal protections, traditionally disadvantaged groups have fewer opportunities because of prejudice

IN which case did the supreme court rule that the male only admissions policy at the virginia military institute was unconstitutional

United states v virginia

the exclusionary rule is based on the supreme court decision in

Weeks v United States

what sioux village has been the site of both a U.S cavalry massacre of native Americans and a modern protest

Wounded Knee

Griswold v. Connecticut

a case dealing with "the right to privacy"

Commutation

a reduction in punishment for an individual convicted of a crime

the civil rights act of 1964

banned discrimination in public acomodations such as resturants and movies based on congress power to regulate commerce

constitutional guarantees that protect citizens individual rights are known as

civil liberties

the usa patriot act was passed in order to

combat terrorism

the 8th amendment protects people convicted of crimes from

cruel and unusual punishment

the texas code of criminal procedure states that the primary duty of an

distrect attorney

the legal safe guards that prevent the gvmt from depriving citizens of life, liberty,or propery without adhearing to strict legal procedures is known as

due process protections

a provision of the federal fair sentencing act (FSA)

elimination of a mandatory minimum sentence for simple possession of crack cocaine

which clause of the U.S constitution was at the center of the argument in Brown V board of education of topeka

equal -protection clause

which amendment was passed by congress in the early 1970s but failed to get a 3/4ths majority

equal rights amendment

the official absolution of a false criminal conviction,which may involve release from prision or jail is

exoneration

the bill of rights initially applied to which level of gvmt

federal only

which amendment to the united states constitution protects citizens from searches and seizures

forth

what are the religous clauses in the 1st amendment

free exercise clause and the establishment clause

which of the following refers to the power of the state to act in place of the parent to protect the interest of a child

in loco parentis

the supreme court has ruled that prisoners should generally appeal their cases first

in state courts

Griswold v. Connecticut

involved the question of whether a state can prohibit the use of contraceptives by a married couple

In 1964, how did the federal government respond to demands for equal rights for African Americans?

it passed the civil rights act ,which entitles all persons to equal access to public accomidations

in 1964 how did the federal gvmt respond to demands for equal rights for African AMericans

it passed the civil rights act,which entitles all persons to equal access to public accomodations

statement regarding freedom pf the press

it receives strong judicial protection

the sedition act of 1798 attempted to

make it a crime to punish stories that are harshly critical of the president

2015 suprmeme court decision removed the ban on same sex marriage but violated the 14th amendments equal protection process clause

obergfell V Hodges

parens patriae

power of the state to act on behalf of the child and provide care and protection equivalent to that of a parent

free or reduced-fee legal representation for the poor is referred to as

pro bono

which legal test gives government considerable leeway in treating people differently,such as imposing higher tax rate on upper income American

reasonable -basis test

which legal test gives gvmt considerable leeway in treating people differently,such as imposing a higher tax rate on upper income americans

reasonable -basis test

Redlining

refusing to grant mortgage loans to people who lived in certain neighborhoods

which landmark supreme court case declared affirmative action constitutional but invalidated the use racial quotas

regents of the university of california V Bakke

according to the establishment clause the gvmt is required to

remain neutral toward all religons

the texas governor can grant a 30-day temporary stay of execution called

reprieve

New York Time Co. v. US (1971)

ruled that prior restraint is unconstitutional without a compelling argument for the restriction

according to the supreme court, laws that discriminate between people based on their race or ethnicity are laws that make use of

strict scrunity

under the firth amendment

subjects charged with a federal crime cant be tried unless indicted by a grand jury

Kormatsu v. United States

supreme court upheld forced relocation of jappanese americans in ww2

laws that discriminate between people based on their race or ethnicit5y are laws that make use of

suspect classifications

the michael morton act

texas legislation requires that all evidence pertaining to a criminal case

the right to appeal after conviction is garunteed in

the constitution

today most of the guarantees in the bill of rights are protected from action by

the federal and state governments

the supreme court decision in Schenck v united states establishes what principle

the federal government can restrict free expression ,but it does not have unlimited authority to do so

In the 1963 Gideon case, the Supreme Court established that

the government must provide lawyers to individuals who cannot afford their own attourney

in texas who can grant a pardon to someone convicted of a crime

the governor ,on recommendation from the board of pardons and paroles

which of the following people or organizations officially governs the Texas department of criminal justice?

the nine-member Texas board of criminal justice

refers to the power of the state to act as a caretaker for a minor and a defender of their legal interest,while at the same time acting as guardian of public safety

the police powers doctrine

The 1977 Supreme Court case that provided guidance on the allowable restrictions on freedom of speech and freedom of assembly upheld which of the following?

the right of a american nazi party group to hold a parade in skokie,a city with a large jewish population including holocaust survivors

which constitutional protections were at issue in the supreme court decison in miranda v arizona 1966

the right to remain silent,the right to an attorney

1978 law that criminalized any speech or writings critical of the national gvmt authority

the sedition act

supreme court consistently ruled that the George W Bush administration practice of denying constitutional and legal protections to enemy combatants was

under the jurisdiction of the united states courts

the supreme court decision in grutter v bollinger was

upheld

examples of de jure discrimination

woman are not allowed to vote and states that require seperate bvathrooms for black and whites