Chapter 9 Criminal Law

The First Amendment protected Gregory Johnson's burning of the United States flag because

expressive conduct? political conduct? communicated a message? None of the above!

A bill of attainder is a(n)

legislative act punishing a person without trial.

Which of the following standards of judicial review does the court follow when the government burdens a fundamental right?

strict scrutiny

As a witness, which form of immunity is best?

transactional

Which of the following best describes the authority of the federal government to criminalize legitimate religious practices?

Congress may regulate a religious practice so long as it has a compelling reason and there isn't a less restrictive way to accomplish the goals of the law.

What is double jeopardy? Where is the Double Jeopardy Clause found? How is the Double Jeopardy Clause applied to the states?

Double jeopardy is a second prosecution by the same government against the same person for the same ( or less) crime once the first prosecution is finished and decided. Double Jeopardy Clause is found in the 5th Amendment in the U.S. Constitution, "No person shall be subject for the same offense to be twice put in jeopardy of life or limb". The Double Jeopardy Clause is applied to the states through the 14th Amendment

Racially derogatory statements directed at individuals may be punished. True? False?

False

Quentin was tried for robbery. The jury returned a verdict of guilty but the judge set aside that verdict and entered a not guilty verdict. The government has appealed, seeking reinstatement of the jury verdict. Which of the following statements concerning the appeal and the Fifth Amendment's Double Jeopardy Clause is most true?

It would not violate the Double Jeopardy Clause for the appellate court to reinstate the verdict.

Quentin was tried for robbery. The jury returned a verdict of not guilty, and the government has filed an appeal. In that appeal, the government alleges that the judge committed "substantial and harmful errors prejudicial to the government. These errors caused the government's case to fail before the jury." The government is seeking a reversal of the acquittal and a new trial. Assuming the judge did commit such errors, which of the following is most true concerning the Double Jeopardy Clause and the appeal?

It would violate the Double Jeopardy Clause for the appellate court to order a new trial.

Which of the following is ex post facto?

Stacey commits a crime on June l. On June 15, state legislature increases the penalty for her crime and applies it retroactively.

What is the Fifth Amendment privilege against self-incrimination? Why is it important?

The Fifth Amendment states that no person "shall be compelled in any criminal case to be a witness against himself." The Fifth Amendment is important because it stops the government from forcing people to testify in a case that could result in incarceration or other criminal penalties against the people testifying; this is a cornerstone upon which the United States was founded.

A statute prohibiting interracial marriage is violative of the constitutional right to privacy. True? False?

True

First Amendment protection of speech includes other forms of expression. True? False?

True

While a state may increase civil liberties protections beyond what is provided by the United States Constitution, it may not lessen those protections provided by the United States Constitution. True? False?

True

In Graham v. Connor, 490 U.S. 386 (1989), the United States Supreme Court held that all excessive force claims against law enforcement officers should be analyzed under

a Fourth Amendment reasonableness standard.

Which of the following abortion-related laws is unconstitutional?

a statute requiring a wife to notify her husband before undergoing the procedure