POSI - test 1

Asian Americans emphasize _____ as a means of achieving upward mobility.

education

Of the 500 largest U.S. corporations, about ______ percent are headed by wome

5

Which of these groups is typically more protective of individual rights?

Judges

The right to legal counsel is a ______ Amendment protection.

Sixth Amendment

Which of the statements below are true of the Deferred Action for Childhood Arrivals (DACA) program?

The program was established by the Obama administration in 2012. The Trump administration's attempt to rescind the program was invalidated by the Supreme Court.

Which term refers to the rights and privileges guaranteed to all citizens under the equal protection and due process clauses of the Fifth and Fourteenth Amendments?

civil rights

Which legal test gives government considerable leeway in treating people differently, such as imposing a higher tax rate on upper-income Americans?

reasonable-basis test

In a 2010 CNN survey, 2 in 5 Americans stated that individuals arrested by police on suspicion of terrorism

should not be read their Miranda rights

Griswold v. Connecticut is the landmark case that established the right to privacy. The case involved the question of whether a state can prohibit

the use of contraceptives by a married couple

The Texas Legislative Budget Board estimates that community health mental services cost about ______ per day, as compared to the $137 per day that incarceration costs.

$12

Which sociologist authored the book An American Dilemma?

Gunnar Myrdal

In Texas, children younger than______ years of age cannot be prosecuted for a crime.

10

As of April 2018, how many operational units were under the jurisdiction of the Texas Department of Criminal Justice?

106

Which amendment passed after the Civil War granted African American men the right to vote?

15th

A Texas citizen is no longer considered a juvenile once which of the following birthdays is reached?

17th birthday

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

1976

In which decade did the election of "tough on crime" candidates lead to state legislatures enacting stiffer penalties for crime while also limiting judges' abilities to reduce sentences for nonviolent crimes of first-time offenders?

1990s

In which year did the Supreme Court rule that forced busing violated student's constitutional right to equal protection under the law?

2007

What percentage of those entering prison each year are sent back because of parole violations?

25 percent

According to United States government statistics, roughly ______ percent of Black children live in poverty, compared to ______ percent of white children.

35; 12

Before the Fair Sentencing Act, a first-time offender who was convicted of simple possession of crack cocaine faced a mandatory minimum sentence of

5 years

Women make up approximately half of the Texas population. They account for ______ percent of the state's prison population.

6.9%

How many people did the state of Texas execute in 2019?

9

Despite the Court's ruling in Brown v. Board of Education in 1954, by the 1970s ______ percent of Black children were still attending schools that were mostly or entirely Black.

95

Which statement best describes the political engagement of most Asian Americans in the 1960s?

Asian Americans were not politically active to any great extent.

The landmark case of Lau v. Nichols (1974) resulted in many states offering ______ education in their public schools.

Bilingual

Which of the following was the 1954 landmark case that ended segregation in public schools?

Brown v. Board of Education of Topeka

What was the first result of the national boycott of California lettuce and grapes that was launched by Cesar Chavez?

California passed a law giving migrant workers the right to bargain collectively.

Constitutional guarantees that protect citizens from arbitrary government action are known as

Civil Liberties

Refer to individual rights, such as the freedom of speech and religion

Civil Liberties

Refer to equality under the law for different groups such as racial or religious minorities.

Civil Rights

In Texas, what law applies when the government seeks punishment on behalf of society or a victim.

Criminal

The Texas Code of Criminal Procedure states that the primary duty of a(n) BLANK - BLANK is not to convict, but to see that justice is done.

District Attorney

Requires government neutrality toward religious institutions

Establishment clause

Under the Fifth Amendment, suspects charged with a

FEDERAL crime cannot be tried unless indicted by a grand jury

True or false: According to the Supreme Court, police can search a person's home merely on the basis of a hunch that the owner might be breaking the law.

False

True or false: In all cases in Texas, in order to be convicted of a crime, the accused must have intent or prior knowledge of doing something wrong.

False

True or false: The right to appeal after conviction is guaranteed in the Constitution.

False

Prohibits the government from interfering with individuals' practice of their religion

Free-Exercise clause

Which of the following counties had the most custodial deaths in Texas in 2005-2015?

Harris

The Public Safety Commission has five members. How does one become a member?

It is a gubernatorial appointment.

In 1968 Congress passed a law, the ______, that granted Native Americans constitutional rights similar to those held by other Americans.

Indian Civil Rights Act

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 accommodations.

Which of the following is true of the granting of parole to prisoners in Texas?

It results in considerable cost savings to the state.

Which of the following is an accurate description of the Texas Forensic Science Commission?

It was created in 2005 and is composed of nine members appointed by the governor, seven of whom are scientists.

Which of the following are true about women's equality in the workplace?

Jobs traditionally held by women pay less than many of the jobs traditionally held by men. The average pay for women workers is only 82 percent of the amount earned by male workers.

The Supreme Court upheld the forced relocation of tens of thousands of Japanese Americans during World War II in which of the following cases?

Korematsu v. United States

The Supreme Court determined that privacy rights extend to consensual activity between same-sex partners in

Lawrence v. Texas

About half of all Hispanics in the United States were born in

Mexico or have Mexican ancestry

Which of the following cases established that law enforcement officers must advise detainees of their rights, including the right to remain silent and the right to an attorney, before beginning questioning in a criminal investigation?

Miranda v. Arizona

Which of the following Native American nations have a majority who speak native languages at home?

Navajo, Pueblo

Which 2015 Supreme Court decision removed the ban on same-sex marriage, citing it violated the Fourteenth Amendment's equal protection and due process clauses?

Obergefell v. Hodges

The Supreme Court has generally held that those convicted in state courts and who appeal on the grounds that their federal constitutional rights were violated are limited to

One appeal

Why did the state of Texas begin its massive prison construction program in the 1980s?

Overcrowding was so bad that a U.S. District Court judge ruled that it constituted "cruel and unusual punishment."

According to the TDCJ, ______ is defined as "the release of an offender...to serve the remainder of his or her sentence under supervision in the community."

Parole

What is at the heart of many civil rights struggles for equality in the United States?

People hold deep-seated prejudices based on such characteristics as race, color, and religion.

The attempt to block the publication of material considered to be harmful is known as ______ restraint.

Prior

The right of an individual to be left alone without any interference from others is known as the right to

Privacy

Which of the following statements are true concerning the right of assembly?

Regulations of public assemblies must be applied fairly to all groups. Public officials can regulate the time and place of assemblies. Individuals cannot hold an assembly at a busy intersection during rush hour.

Which of the following are among the legacies of the practice of redlining?

Segregated neighborhoods still exist. Hispanics and African Americans still have difficulty obtaining mortgages (compared to whites).

Which of the following is true of legal aid services for low-income Texans?

Ten of thousands of low-income Texans do not receive adequate legal aid.

The *blank* is the chief law enforcement agency in Texas.

Texas Department of Public Safety

What was challenged by Lawrence v. Texas (2003)?

Texas's sodomy laws

In Schenck v. United States (1919), Justice Holmes used which analogy in upholding the government's right to restrict speech that poses a clear and present danger?

The First Amendment does not permit a person to falsely yell "Fire" in a crowded theater.

The Supreme Court decision in Schenck v. United States established which principle?

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

What happened when the privately run Willacy County Correctional Center, also known as "Tent City," was shut down after reports of physical and sexual abuse and inmate rioting?

The resulting budget shortfall in Willacy County required layoffs of county employees.

Which of the following statements are accurate representations of the Hispanic population in the United States?

Their numbers have more than doubled in the past twenty years. The majority are immigrants from Mexico and the Caribbean islands.

Which of the following organizations is responsible for oversight of the approximately 350 municipal jails throughout the state?

There is no regulatory body to oversee their operations.

Which of the following accurately describes Native Americans today?

They are less than half as likely as other Americans to have completed college. Casino gambling has raised Native Americans' average income level, but it is still far below the national average.

What is the purpose of the Fifth and Fourteenth Amendments?

They provide that no person can be deprived of life, liberty, or property without due process of law.

Which statement about individuals with mental illness in the Texas criminal justice system is correct?

Those living with mental illness have higher rates of recidivism.

Which of the following views of criminal justice would be held by citizens in a traditionalistic political culture?

To maintain order and protect the status quo, punishment and incarceration should be emphasized for those who break the law.

In 1972, Native Americans organized a caravan titled the ______ that journeyed from California to Washington, DC, to protest federal policy.

Trail of Broken Treaties

T/F Texas's incarceration rate is one of the highest in the nation.

True

True or false: "Juvenile justice" in Texas applies not only to those minors charged with wrongdoing, but also those who are wards of the state.

True

True or false: The Civil Rights Act of 1964, which banned segregation in public accommodations such as restaurants and movie theaters, is based on Congress's power to regulate commerce.

True

Passed by Congress soon after the 9/11 attacks, the law that allows the FBI and other intelligence agencies to access personal information and records without consent from targeted individuals is known as the

USA Patriot Act

What Sioux village has been the site of both a U.S. cavalry massacre of Native Americans and a modern protest?

Wounded Knee

The importance of listing individual rights in the Constitution is that it gives individuals who feel that their rights have been violated

a basis for taking the alleged violation into a court of law for a ruling by a judge

As part of what movement did advocates for women's suffrage (voting rights) become active on a large scale?

abolitionist movement

Which of the following was the subject under consideration in Roe v. Wade (1973)?

abortion rights

Which policy requires the federal government to implement measures aimed at reinforcing equal access to employment by mandating recruitment procedures that gave qualified minority workers an equal opportunity to gain government jobs?

affirmative action

In the case of Korematsu v. United States (1944), the courts

allowed government polices during wartime that would not be allowed in times of peace

In the unanimous decision in Brown v. Board of Education (1954), the Supreme Court found that segregated schools made Black students feel like they had _____ in the community and were thus "inherently unequal."

an inferior status

In Lawrence v. Texas (2003), the Supreme Court ruled that states cannot lawfully

ban sexual relations between consenting same-sex adults

Asian Americans are more likely than other minority groups to

be college educated have a high median income

Among the laws giving women greater equality in the workplace were laws prohibiting

certain employers from paying women less than men for doing the same job

Which of the following allows police to seize—and then keep or sell—any property they allege is involved in a crime?

civil asset forfeiture

The USA Patriot Act was passed in order to:

combat terrorism.

Freedom of expression, provided by the First Amendment, allows Americans to

communicate thoughts of their choosing write or publish almost anything, with some limits

A ______ is a reduction in punishment for an individual convicted of a crime (but not an erasure of the criminal record).

commutation

Which of the following would be considered an element of the Texas criminal justice system?

correctional facilities and programs the Texas courts policies enacted by the legislature

The Eighth Amendment protects people convicted of crimes from

cruel and unusual punishment

Which type of discrimination is based on the law?

de jure discrimination

Which of the following is a type of juvenile offense in Texas that if committed by an adult would result in imprisonment?

delinquent conduct

In following the Eighth Amendment, the Supreme Court has used which of the following tests to determine if an action constitutes cruel and unusual punishment?

determining if a punishment is "unnecessarily cruel" determining if a punishment violates "fundamental standards of good conscience and fairness" determining whether a punishment is "disproportionate to the offense"

The 1964 Civil Rights Act banned ______.

discrimination in public accommodations

Which practices were banned as a result of the Civil Rights Act of 1968?

discriminatory practices in housing discriminatory practices in mortgage lending discriminatory real estate practices such as steering African American families to certain neighborhoods

Which of the following are included in the concept of equal rights, or civil rights?

equal access to the opportunities society provides equal access to public facilities the right of every person to equal protection under the law

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

In order to expand employment opportunities for traditionally disadvantaged groups, the federal government requires agencies and businesses that receive federal funds or contracts to ______.

establish policies aimed at ensuring that all job applicants are treated fairly

In Engle v. Vitale (1962), the Supreme Court ruled against the reciting of prayers in public schools on grounds it violates the

establishment clause

Compared to their numbers in the total population, _____ make up a disproportionate percentage of the prison and jail population.

ethnic minorities

The official absolution of a false criminal conviction, which may involve release from prison or jail, is referred to a(n)

exoneration

The First Amendment clause barring the government from passing any laws that prohibit an individual's practice of his or her religion is known as the ______ clause.

free-exercise

The First Amendment protection that makes it illegal for the government to enact laws that restrict the free practice of religion by any individual is known as the

free-exercise clause

The promise made by the phrase "all men are created equal" has done which of the following?

given moral strength to diverse movements inspired a hope for eventual equality been foundational in legal decisions

Regarding freedom of the press, the Supreme Court has generally upheld the principle of no prior restraint. This principle means that

government generally cannot stop the news media from reporting a story

Under the Texas Penal Code, someone accused of public intoxication could receive a maximum punishment of a $500 fine, while someone accused of auto theft could receive 180 days to 2 years in jail and/or a $10,000 fine. This is an example of ?

graded penalties

Studies specifically comparing recidivism in public and private prisons

have been criticized for design flaws

As a result of the COVID-19 pandemic, which of the following are reasons for the higher death rate for Black Americans?

higher incidence of comorbidity factors such as hypertension more limited access to medical care higher housing density

Which of the following refers to the power of the state to act in the place of the parent to protect the interests of a child?

in loco parentis

In the presidential election following enactment of the Voting Rights Act, Black turnout in the South ______.

increased by 20 percentage points

Those who support reform of excessive bail and pretrial confinement argue that it conflicts with what judicial principle?

innocent until proven guilty

Which of the following actions are examples of legal misconduct?

intentionally denying or hiding evidence from the defense using intimidation tactics to steer witness testimony encouraging or coaching witnesses to lie under oath

As a result of changes in sentencing policies, the U.S. prison population, per capita, ______.

is the largest in the world

The Sedition Act of 1798 attempted to:

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

The trend for police departments to increasingly use military vehicles, weapons, gear, and tactics is referred to as police

militarization

In a 1930s Supreme Court case that challenged the application of the separate-but-equal doctrine, the Court ruled that Blacks ______ public facilities reserved for whites in those cases where they didn't have separate facilities.

must be allowed to use

The Bill of Rights protects a number of civil liberties, including freedom

of the press of assembly of speech

Which of the following refers to the 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?

overcriminalization

Which of the following refers to the inherent power of the state to protect persons legally incapable of protecting themselves before the law?

parens patriae

Under Texas law, judges are required to perform a(n) BLANK assessment to determine a defendant's financial situation.

poverty

Which of the following is the solution forwarded by the Texas Commission on Jail Standards to attempt to lower its prisoner suicide rate?

pre-incarceration "health tagging"

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

pro bono

According to data, which of the following factors have contributed to the growth in Texas's prison population?

recidivism increases in state population rising crime rates

Texas's move from a system that is more focused on punishment to one that is more focused on rehabilitation has resulted in which of the following?

reduced recidivism greater cost savings smaller prison populations

According to the establishment clause, the government is required to

remain neutral toward all religions

In a 1947 case, the Supreme Court ruled that because they had no law school for Black students, the University of Oklahoma was ______ to admit Ada Sipuel to its law school.

required

Sixth Amendment

right to a jury trial, an attorney, and to confront witnesses

Second Amendment

right to bear arms

First Amendment

right to speech, press, assembly and religion

According to the Supreme Court, laws that discriminate between people based on their race or ethnicity are laws that make use of

suspect classifications

Which of the following amendments contribute to ensuring criminal due process?

the Fourth Amendment the Sixth Amendment the Eighth Amendment the Fifth Amendment

In Hamdan v. Rumsfeld (2006), the Supreme Court ruled that enemy combatant detainees were protected by which of the following?

the Geneva Convention the U.S. Uniform Code of Military Justice

What 2013 Texas legislation requires that all evidence pertaining to a criminal case (whether or not it is perceived as relevant to guilt or punishment) is disclosed to the defense?

the Michael Morton Act

What was the name of the 1798 law that criminalized any speech or writings critical of the government, Congress, or the president?

the Sedition Act

The Supreme Court has recently employed the Eighth Amendment to ban which of the following?

the death penalty for juveniles life sentences without parole for juveniles the death penalty for the mentally ill

What are the religious clauses in the First Amendment?

the establishment clause the free-exercise clause

In the 1963 Gideon case, the Supreme Court established that

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

In Texas, who can grant a pardon to someone convicted of a crime?

the governor, on recommendation from the Board of Pardons and Paroles

What do experts propose to explain why suicide rates are much higher in city and county jails than in state prisons?

the initial shock of confinement

Which of the following people or organizations officially governs the Texas Department of Criminal Justice?

the nine-member Texas Board of Criminal Justice

Which of the following refers to the power of the state to act as a caretaker for a minor and a defender of their legal interests, 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 an American Nazi Party group to hold a parade in Skokie, a city with a large Jewish population that included Holocaust survivors

Which of the following constitutional protections were at issue in the Supreme Court decision in Miranda v. Arizona (1966)?

the right to an attorney the right to remain silent

Which of the following is not considered a Sixth Amendment protection?

the right to bear arms

What are comparable worth policies?

those that give women and men equal hourly pay for jobs that require similar training and education

Identify a purpose of the Texas Forensic Science Commission.

to ensure that the most up-to-date scientific knowledge drives the investigation and analysis of evidence

What was the intention of the Plessy v. Ferguson ruling?

to maintain segregation while claiming equality

The Supreme Court consistently ruled that the George W. Bush administration's practice of denying constitutional and legal protections to enemy combatants was

under the jurisdiction of the United States courts

In Planned Parenthood v. Casey, the Supreme Court ruled that restrictions on abortion were legal so long as they didn't place an ______ on a woman's right to obtain an abortion.

undue burden

Despite the persisting issues of institutional racism, one area in which African Americans have made significant gains is in

winning elective office

Which of the following correctly describes the reality of the Texas courts' use of poverty assessments?

A disturbing number do not make these assessments.

What has the Supreme Court ruled concerning police use of modern technology, such as listening or thermal-imaging devices, to investigate a subject?

A search warrant is required, just as it would be for other circumstances.

Which of the following are examples of de jure discrimination?

A state requires separate public bathrooms for Black and white people. Women are not allowed to vote in federal elections.

In Texas, which entity determines if an offender has been sufficiently rehabilitated to be paroled?

Texas Board of Pardons and Paroles

Which of the following are purposes served by the Texas criminal justice system?

promotion of public safety punishment of criminal activity compensation of victims deterrence of potential criminal activity rehabilitation of offenders

Eighth Amendment

protection against cruel and unusual punishment

Firth Amendment

protection against self-incrimination and double jeopardy

Fourth Amendment

protection against unreasonable search and seizure

Identify the rights that the federal government is obliged to protect according to the Bill of Rights.

protection from unreasonable searches the right to an attorney protection from self-incrimination the right to a jury trial