posi 2320 chapter 4, 5, 6
Texas incarceration as of 2020 was at ---- per 100,000.
455
Before the Fair Sentencing Act, a first-time offender who was convicted of simple possession of crack cocaine faced a mandatory minimum sentence of Blank______.
5 years
Women make up approximately half of the Texas population. They account for Blank______ percent of the state's prison population.
7.1
Despite the Court's ruling in Brown v. Board of Education in 1954, by the 1970s Blank______ percent of Black children were still attending schools that were mostly or entirely Black.
95
As of February 2022, how many operational units were under the jurisdiction of the Texas Department of Criminal Justice?
99
The Supreme Court decision in what case led many affirmative action opponents to believe that the Court may have been on its way to abolishing affirmative action completely?
Adarand v. Peña
Which influential figure began civil rights work by organizing strikes by farmworkers to attain basic labor rights for migrant workers?
Cesar Chavez
Which of the following Native American nations have a majority who speak native languages at home?
Pueblo Navajo
Which landmark Supreme Court case declared affirmative action constitutional but invalidated the use of racial quotas?
Regents of the University of California v. Bakke
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
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 Blank______ .
graded penalties
Which of the following are duties of the Texas Department of Criminal Justice?
operation of state prisons and jails detention and supervision of inmates oversight of parolees and those on probation
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
A 2016 Harvard Law School study that examined Texas counties with a high output of death penalty sentences for people of color laid the blame on Blank______.
overzealous prosecutors racial bias inadequate defense
According to the TDCJ, Blank______ is defined as "the release of an offender...to serve the remainder of his or her sentence under supervision in the community."
parole
Which of the following would be considered an element of the Texas criminal justice system?
policies enacted by the legislature the Texas courts correctional facilities and programs
Under Texas law, judges are required to perform------assessment to determine a defendant's financial situation.
poverty
The Texas Legislative Budget Board estimates that community health mental services cost about Blank______ per day, as compared to the $137 per day that incarceration costs.
$12
Which practices were banned as a result of the Civil Rights Act of 1968?
-discriminatory practices in mortgage lending -discriminatory real estate practices such as steering African American families to certain neighborhoods -discriminatory practices in housing
In Texas, children younger than Blank______ years of age cannot be prosecuted for a crime.
10
What percentage decrease did Texas see in the number of prisoners due to COVID compared to 2019?
13%
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 Blank______ percent of Black children live in poverty, compared to Blank______ percent of white children.
27; 14
According to one source, how many federal regulatory offenses are there, in addition to 4,000 federal criminal laws and 1,700 state crimes in Texas?
300,000
Which of the following correctly describes the reality of the Texas courts' use of poverty assessments?
A disturbing number do not make these assessments.
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.
Which statement best describes the political engagement of most Asian Americans in the 1960s?
Asian Americans were not politically active to any great extent.
Which of the following is a major problem with civil asset forfeiture?
Assets are taken without due process.
Brown v. Board of Education of Topeka
Brown v. Board of Education banned forced segregation in public schools but did not concern forced integration.
de jure discrimination
Discrimination on the basis of race, sex, religion, ethnicity, and the like that results from a law.
True or False: The Supreme Court recently ruled that a Maine program that excluded religious schools from participating in a state tuition program did not discriminate "against religion."
False
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: The idea that "all men are created equal," as stated in the Declaration of Independence, has always been understood to include all people in the United States.
False
True or false: The right to appeal after conviction is guaranteed in the Constitution.
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 Prior intent or knowledge (mens rea) is not always required in order to be convicted of a crime.
The Bill of Rights initially applied to which level or levels of government?
Federal Only
Which amendment passed after the Civil War granted African American men the right to vote?
Fifteenth
Which amendment to the United States Constitution protects individuals from testifying against themselves in a court of law?
Fifth
Which amendment to the United States Constitution protects citizens from unreasonable searches and seizures?
Fourth
Who was the first woman to run on the national ticket of a major political party?
Geraldine Ferraro
Which sociologist authored the book An American Dilemma?
Gunnar Myrdal
Which of the following are among the legacies of the practice of redlining?
Hispanics and African Americans still have difficulty obtaining mortgages (compared to whites). Segregated neighborhoods still exist.
According to Table 6.6., which of the following cities had the most custodial deaths in Texas in 2005-2015?
Houston
Which of the following are ancestral countries for many Asian Americans?
India the Philippines China
In 1968 Congress passed a law, the Blank______, that granted Native Americans constitutional rights similar to those held by other Americans.
Indian Civil Rights Act
Which of the following statements are true concerning the right of assembly?
Individuals cannot hold an assembly at a busy intersection during rush hour. Public officials can regulate the time and place of assemblies. Regulations of public assemblies must be applied fairly to all groups.
What did the Voting Rights Act of 1965 entail?
It allowed federal intervention in voter registration in states with a history of discriminating against Black voters. It banned discriminatory voter registration practices.
The Public Safety Commission has five members. How does one become a member?
It is a gubernatorial appointment.
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
Within the past 10 years, Supreme Court decisions have expanded LGBTQ rights in which of the following ways?
LGBTQ couples now have the right to marry throughout the United States. LGBTQ people are now protected from job discrimination under the 1964 Civil Rights Act.
In which landmark case did the Supreme Court rule that placing public school children for whom English is a second language in classrooms without special assistance denies them a proper education?
Lau v. Nichols
About half of all Hispanics in the United States were born in Blank______.
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 statements about affirmative action are true?
Most Americans support programs to give equal treatment to groups that have been disadvantaged historically. Most Americans oppose programs that give preferential treatment to groups that have been disadvantaged historically.
Which of the following Supreme Court cases was also known as the "Pentagon Papers" case?
New York Times Co. v. United States
Which constitutional amendment granted women the right to vote?
Nineteenth Amendment
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 Texas Blank______ is a statutory law that establishes a system of prohibitions, penalties, and correctional measures to deal with conduct that causes harm or threatens harm to individuals or public interests.
Penal Code
Plessy v. Ferguson
Plessy v. Ferguson established the "separate but equal" rule and therefore reinforced segregation.
Which president appointed the first woman to the Supreme Court?
Ronald Reagan
The Supreme Court ruled that the forced busing of children for the purpose of achieving racially integrated schools was constitutional in
Swann v. Charlotte-Mecklenburg County
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.
In Texas, which entity determines if an offender has been sufficiently rehabilitated to be paroled?
Texas Board of Pardons and Paroles
The Blank______ is the chief law enforcement agency in Texas.
Texas Department of Public Safety
Between 1989 and 2019, how did Texas compare to other states when it comes to exonerations?
Texas had the most exonerations.
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.
Which of the following continue to impede progress toward equality for Black Americans?
The jobless rate of African Americans is two times that of white Americans. About a fourth of African American children live below the poverty line. The median net worth of households heading by retired African Americans is about 10 percent that of retired white people.
Which of the following statements are accurate representations of the Hispanic population in the United States? (Choose every correct answer.)
The majority are immigrants from Mexico and the Caribbean islands. Their numbers have more than doubled in the past twenty years.
Why was the National Security Agency's collection of Americans' phone records, as revealed by Edward Snowden in 2013, ruled unlawful by a Federal appellate court?
The program had not been authorized by Congress.
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.
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 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.
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.
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 (Congress's power to regulate commerce is in Article II of the Constitution and is the basis for the Civil Rights Act of 1964.)
Texas's incarceration rate is one of the highest in the nation.
True In part because of its high crime rate and in part because of the strictness of its criminal justice policies, Texas has one of the highest incarceration rates in the country.
In recent years, Texas's criminal justice system has relied less on incarceration and more on rehabilitation.
True Texas has shifted its approach and now relies less on incarceration and more on alternative to imprisonment.
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 Blank______.
USA Patriot Act
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
The Second Amendment protects and supports which of the following?
a well-regulated militia the right to keep and bear arms
As part of what movement did advocates for women's suffrage (voting rights) become active on a large scale?
abolitionist movement
What portion of congressional seats are held by women?
about one-third
A company that has a contract with the federal government to construct a road on federal land institutes policies that ensure that its hiring practices are fair and do not exclude members of minority groups. In this way, the company is complying with Blank______ requirements.
affirmative action
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 general, the Supreme Court has held that gender discrimination in law is Blank______.
almost always unconstitutional
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 Blank______ in the community and were thus "inherently unequal."
an inferior status
Asian Americans are more likely than other minority groups to Blank______.
be college educated have a high median income
Despite the state's reputation as tough on crime, which of the following justice reform efforts recently emerged?
changes to the juvenile justice system
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
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
The USA Patriot Act was passed in order toBlank______.
combat terrorism
Freedom of expression, provided by the First Amendment, allows Americans to Blank______.
communicate thoughts of their choosing write or publish almost anything, with some limits
Loving v. Virginia
concerned a Virginia law that prohibited white residents from marrying anyone of a different race.
Which of the following is a type of juvenile offense in Texas that if committed by an adult would be either punishable by a fine or not considered a violation at all?
conduct indicating a need for supervision (CINS)
According to state statute, each Blank______ in Texas is required to provide a "safe and suitable" jail.
county
The exclusionary rule restricts the ability of
courts to admit illegally obtained evidence during a trial
The Eighth Amendment protects people convicted of crimes from
cruel and unusual punishment
The type of discrimination in which, despite legal protections, traditionally disadvantaged groups have fewer opportunities because of prejudice is Blank______.
de facto discrimination
The movement of mentally ill individuals out of large, state-run psychiatric hospitals in the latter half of the twentieth century has been termed Blank______.
deinstitutionalization
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 violates "fundamental standards of good conscience and fairness" determining whether a punishment is "disproportionate to the offence" determining if a punishment is "unnecessarily cruel"
What is "America's curse," according to the author of An American Dilemma?
discrimination
The Texas Code of Criminal Procedure states that the primary duty of a(n) ==== is not to convict, but to see that justice is done. (Watch your spelling!)
district attorney
The idea that the state must use procedures under the law before depriving someone of life, liberty, or property is part of the Blank______.
due process clause of the Fourteenth Amendment
The legal safeguards that prevent the government from depriving citizens of life, liberty, or property without adhering to strict legal procedures are known as
due process protections
Which of the following is a provision of the federal Fair Sentencing Act (FSA)?
elimination of a mandatory minimum sentence for simple possession of crack cocaine
Which of the following actions are examples of legal misconduct?
encouraging or coaching witnesses to lie under oath using intimidation tactics to steer witness testimony intentionally denying or hiding evidence from the defense
Which of the following are included in the concept of equal rights, or civil rights?
equal access to the opportunities society provides the right of every person to equal protection under the law equal access to public facilities
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 Blank______.
establish policies aimed at ensuring that all job applicants are treated fairly
Which of the following is likely to convince a judge that police should be issued a search warrant?
establishing probable cause for believing a crime has been committed
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, Blank______ make up a disproportionate percentage of the prison and jail population.
ethnic minorities
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 official absolution of a false criminal conviction, which may involve release from prison or jail, is referred to a(n) Blank______.
exoneration
Under the Fifth Amendment, suspects charged with a
federal crime cannot be tried unless indicted by a grand jury
In terms of the number of death sentences handed out and the number of prisoners executed, Texas ranks Blank______ among the states.
first
Studies specifically comparing recidivism in public and private prisons Blank______.
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 housing density more limited access to medical care higher incidence of comorbidity factors such as hypertension
The barrier to restrict speech established in Brandenburg v. Ohio (1969) is best described as Blank______.
imposing
American television crime dramas present the investigation and prosecution of criminals Blank______ as compared to the realities.
in an unrealistic way
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
The Supreme Court has ruled that prisoners should generally appeal their cases first Blank______.
in state courts
Hispanics who have immigrated to the U.S. are generally concentrated
in their states of entry
In the presidential election following enactment of the Voting Rights Act, Black turnout in the South Blank______.
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 these groups is typically more protective of individual rights?
judges
For most individuals, their first and often only point of contact with the criminal justice system is through Blank______.
law enforcement
Constitutional guarantees that protect citizens' individual rights are known as civil ___
liberties
The Bill of Rights protects a number of civil liberties, including freedom Blank______.
of speech of the press
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"
Which of the following are current policy issues for Native Americans?
preventing casino gambling from eroding tribal traditions preserving their culture and languages obtaining economic self-sufficiency
The attempt to block the publication of material considered to be harmful is known as Blank______ restraint.
prior
The right of an individual to be left alone without any interference from others is known as the right to Blank______.
privacy
Free or reduced-fee legal representation for the poor is referred to as Blank______.
pro bono
Which term describes the set of procedures authorities must follow before a person can be lawfully punished for an offense?
procedural due process
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
Law enforcement officials sometimes controversially rely on the practice of ___ ___ the assumption that certain groups of people are more likely to commit particular crimes.
racial profiling
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
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
At one time, banks engaged in a practice known as Blank______, refusing to grant mortgage loans to people who lived in certain neighborhoods, especially those neighborhoods with large Black populations.
redlining
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 smaller prison populations greater cost savings
According to the establishment clause, the government is required to Blank______.
remain neutral toward all religions
The Texas governor can grant a 30-day temporary stay of execution called a(n) Blank______.
reprieve
establishment clause
restricts the government in favoring one religion over another, or supporting religion over no religion.
In Plessy v. Ferguson, the Supreme Court declared that _______ but equal facilities do not violate the Fourteenth Amendment's equal protection clause.
seperate
A Texas citizen is no longer considered a juvenile once which of the following birthdays is reached?
seventeenth
In a 2010 CNN survey, 2 in 5 Americans stated that individuals arrested by police on suspicion of terrorism Blank______.
should not be read their Miranda rights
Any law that treats individuals differently based on race is subject to the Blank______ test.
strict-scrutiny
According to the Supreme Court, laws that discriminate between people based on their race or ethnicity are laws that make use of Blank______.
suspect classifications
The Supreme Court has ruled that the right of free assembly
takes precedence over the mere possibility that the exercise of the right might have undesirable consequences
Which amendment to the Constitution contains the establishment clause and the free-exercise clause?
the First Amendment
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 national government's authority?
the Sedition Act
Which of the following amendments contribute to ensuring criminal due process?
the Sixth Amendment the Fourth Amendment the Fifth Amendment the Eighth Amendment
Swann v. Charlotte-Mecklenburg County
the Supreme court ruled that busing children out of their neighborhoods to achieve racially integrated schools was permitted.
In Hamdan v. Rumsfeld (2006), the Supreme Court ruled that enemy combatant detainees were protected by which of the following?
the U.S. Uniform Code of Military Justice the Geneva Conventions
Which of the following resulted in a change in jail practices in Waller County?
the death of Sandra Bland while in police custody
What are the religious clauses in the First Amendment? (Choose every correct answer.)
the free-exercise clause the establishment clause
In Brandenburg v. Ohio (1969) the Supreme Court developed which of the following tests that expanded protections for Americans to voice political opinions?
the imminent lawless action test
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
The Second Amendment of the U.S. Constitution protects Blank______.
the right of the people to keep and bear arms
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
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
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
In Hamden v. Rumsfeld, the Supreme Court ruled that the use of secret military tribunals to try detainees accused of terrorism was Blank______, as detainees were entitled to a trial affording all the guarantees contained in the Constitution.
unconstitutional
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 1892, Congress suspended Asian immigration to the United States on the grounds that Asians Blank______.
were an inferior people
Despite the persisting issues of institutional racism, one area in which African Americans have made significant gains is in Blank______.
winning elective office
