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