Exam 1 Questions

Studies specifically comparing recidivism in public and private prisons ______.

have been criticized for design flaws

Texas's incarceration rate is one of the highest in the nation.

True

The USA Patriot Act was passed in order to ______.

combat terrorism

Engel vs. Vitale (1962)

held that the establishment clause prohibits the reciting of prayers in public schools state officials violated the First Amendment when they wrote a prayer to be recited by New York's schoolchildren

The Supreme Court has ruled that prisoners should generally appeal their cases first ______

in state courts

Select all that apply 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 ______.

inadequate defense overzealous prosecutors racial bias

As of 2019, approximately what portion of the Texas population was under 18 years of age?

one-quarter

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

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

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.

In following the Eighth Amendment, the Supreme Court has used ____, ____, and ____ test to determine if an action constitutes cruel and unusual punishment

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

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

Harris

How did Thomas Jefferson define the meaning of "all men are created equal"?

He did not believe there was a precise meaning.

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

It is a gubernatorial appointment.

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 constitutional amendment granted women the right to vote

Nineteenth Amendment

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

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

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

abolitionist movement

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 _____ requirements.

affirmative action

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

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

What does the 5th amendment prohibit?

compelled self-incrimination double jeopardy

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

education

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

poverty

The Texas governor can grant a 30-day temporary stay of execution called a(n) ______.

reprieve

Of the nine governor-appointed members of the Texas Forensic Science Commission, how many are scientists?

seven

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

seventeenth

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

Legal aid services for low-income Texans often use ______ percent of the federal poverty threshold as their guidelines for free legal services. (The federal policy threshold for a single person under the age of 65 was $12,752 in 2017.)

125

Which of the following is a major problem with civil asset forfeiture?

Assets are taken without due process.

The Texas ______ describes the rules associated with the criminal justice process in Texas.

Code of Criminal Procedure

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

Select all that apply Within the past 10 years, Supreme Court decisions have expanded LGBTQ rights in which of the following ways?

LGBTQ people are now protected from job discrimination under the 1964 Civil Rights Act. LGBTQ couples now have the right to marry throughout the United States.

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

Lawrence vs. Texas

Which of the following statements about African American children in the United States is true?

More than half grow up in a single-parent family.

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."

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

Pueblo Navajo

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.

Select all that apply Which of the following are true about women's equality in the workplace?

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

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

Those living with mental illness have higher rates of recidivism.

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

Trail of Broken Treaties

Miranda vs. Arizona (1966)

Your rights must be read to you..., 5th, 6th and 14th amend. confession was illegally, must be warned prior that he has a right to remain silent and other rights that are given to you. Protects the right to remain silent , and the right to an attorney

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 alleged violation into a court of law for a ruling by a judge

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

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

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

bilingual

Despite the state's reputation as tough on crime, which of the following justice reform efforts recently emerged?

changes to the juvenile justice system

Under the 5th Amendment, suspects:

charged with a federal crime cannot be tried unless indicted by a grand jury

Constitutional guarantees that protect citizens individuals rights are known as _____.

civil liberties

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

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

commutation

According to state statute, each ______ in Texas is required to provide a "safe and suitable" jail.

county

The type of discrimination in which, despite legal protections, traditionally disadvantaged groups have fewer opportunities because of prejudice is ______.

de facto discrimination

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

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

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

The _______ clause of the first amendment requires government neutrality toward religious institutions, whereas the ______ ______ clause prohibits the government from taking hostile action toward individuals' practice of their religion.

establishment, free exercise

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

ethnic minorities

The establishment clause of the constitution restricts which of the following?

government from supporting religion over no religion government from favoring one religion over another

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

Select all that apply 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?

greater cost savings smaller prison populations reduced recidivism

For most individuals, their first and often only point of contact with the criminal justice system is through ______.

law enforcement

The Sedition Act of 1798

made it a crime to write, utter, or publish anti-government statements with the "intent to defame"

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

militarization

What chronic problem faced by the state prison system was addressed in the case of Ruiz v. Estelle?

overcrowding

Select all that apply Which of the following are duties of the Texas Department of Criminal Justice?

oversight of parolees and those on probation detention and supervision of inmates operation of state prisons and jails

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

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

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

rising crime rates recidivism increases in state population

Any law that treats individuals differently based on race is subject to the ______ test.

strict-scrutiny

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 Texas agency coordinates border security?

the Texas Rangers

Select all that apply Which of the following would be considered an element of the Texas criminal justice system?

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

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

the nine-member Texas Board of Criminal Justice

What are comparable worth policies?

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

What is a main 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

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 Reason: Correct. The equal-protection clause forbids states from denying equal protection of the laws to anyone within its jurisdiction. - education clause Reason: Incorrect. Although many state constitutions contain education clauses, the U.S. Constitution does not. - commerce clause Reason: Incorrect. The commerce clause gives Congress the right to regulate commerce. - establishment clause Reason: Incorrect. The establishment clause prohibits the federal government from establishing a national religion or favoring one religion over another.

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

5

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 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

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.

Select all that apply Which of the following are ancestral countries for many Asian Americans?

China the Philippines India

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 Reason: Even Thomas Jefferson, the author of the phrase and a slaveholder, did not believe that it had a precise meaning. The promise embodied in the phrase has bolstered civil rights movements to this day, however.

1st Amendment 2nd Amendment 4th Amendment 5th Amendment 6th Amendment 8th Amendment 10th Amendment 14th Amendment

Freedom of Speech, Press, Assembly and Religion The right to bear arms, and protects a well-regulated militia Protection against unreasonable search and seizure Protection against self-incrimination or double jeopardy Right to jury trial, right to an attorney, and right to confront witnesses Protection against cruel and unusual punishment Due process Clause from Federal Grants citizenship to all persons "born or naturalized in the United States

Select all that apply 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.

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

Indian Civil Rights Act

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.

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

Mexico or have Mexican ancestry and are generally concentrated on their states of entry

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.

Between 1989 and 2019, how did Texas compare to other states when it comes to exonerations?

Texas had the most exonerations.

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

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

Select all that apply 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. The median net worth of households heading by retired African Americans is about 10 percent that of retired white people. About a third of African American children live below the poverty line.

Select all that apply 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.

Select all that apply 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.

In recent years, Texas's criminal justice system has relied less on incarceration and more on rehabilitation.

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

Select all that apply Which practices were banned as a result of the Civil Rights Act of 1968?

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

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

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

exoneration

In terms of the number of death sentences handed out and the number of prisoners executed, Texas ranks ______ among the states.

first

Americans are free to hold any religious belief of their choosing and bans the state from restricting the free practice of any religion

free-exercise clause

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

innocent until proven guilty

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

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

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

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

Select all that apply Southern states used a number of devices to prevent African Americans from voting, including which of the following?

poll taxes whites-only primaries literacy tests

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 speech is usually protected in the United States unless it :

presents a clear and present danger to others leads to imminent and lawless action involves false commercial advertising claims

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

Which of the following resulted in a change in jail practices in Waller County?

the death of Sandra Bland while in police custody

In Brandenburg v. Ohio the Supreme Court developed which of the following tests that expanded protections for Americans to voice political opinions?

the imminent lawless action test

Select all that apply Which groups have historically lacked equality in the United States?

women Catholics Asian Americans

What demographic group is most likely to support same-sex marriage?

younger adults

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

Wounded Knee

Which of the following is a key result of the civil rights movement?

removing discrimination in voting requirements

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

10

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

4th 5th 6th 8th