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Criminal Law for the Criminal Justice Professional
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Constitutional Limitations on the Criminal Law

Multiple Choice Quiz



1

If a criminal statute is determined to be unconstitutional because it is a violation "by application" it
A)violates a dictate of the main body of the Constitution
B)violates a constitutional amendment
C)is unconstitutional because of the way the law is enforced by government officials
D)all of the above
2

The rights set forth in the Bill of Rights
A)apply equally to people accused under state law and under federal law
B)apply only to people accused of crimes under federal law
C)apply to the states, with a few notable exceptions
D)apply only to people accused under state law, but do not apply in federal courts
3

The Fourth Amendment guarantees the right to
A)prosecution of serious crimes only by indictment
B)protection from unreasonable searches and seizures
C)due process and equal protection under the law
D)self-incrimination
4

The Americans with Disabilities Act
A)applies only to businesses and not to public facilities
B)requires that public transportation and public facilities be made accessible to persons with disabilities
C)requires that people who are blind or deaf register with the government
D)provides social services for people with disabilities
5

A law would be considered an ex post facto law if it
A)makes criminal an act done before passage of the law and punishes such action
B)aggravates a crime, making it more serious than it had been when it was committed
C)changes the legal rules of evidence, allowing evidence of guilt that is lesser or different from what the law required at the time of the commission of the crime
D)all of the above
6

Statues that are written ambiguously or in which the words are vague may violate the due process requirement of
A)fair notice
B)clarity
C)proportionality
D)certainty
7

According to the clear and present danger test
A)it is illegal to advocate unlawful conduct
B)it is illegal to threaten another person
C)it is illegal to utter obscenities in public
D)speech that by its very utterance inflicts injury is not protected under the constitution
8

In considering the Second Amendment, the U.S. Supreme Court has
A)held that the right to bear arms is absolute
B)held that the right to bear arms must be read in conjunction with the other clause, which requires a "well regulated militia"
C)held that the Second Amendment prohibits greater punishments for offenders using firearms to commit crimes
D)refused to hear cases dealing with issues related to gun control
9

The principle that the punishment should fit the crime is known as
A)fair notice
B)clarity
C)proportionality
D)certainty
10

The U.S. Supreme Court decision that effectively created a moratorium on capital punishment was
A)Furman v. Georgia
B)Gregg v. Georgia
C)Roe v. Wade
D)Coker v. Georgia
11

The U.S. Supreme Court has held that capital punishment is
A)appropriate for murder
B)inappropriate for anyone under age 18
C)appropriate for serious felonies such as rape of an adult woman
D)all of the above
12

The U.S. Supreme Court has held that the right to privacy is implied in the
A)First Amendment
B)Third Amendment
C)Fourth Amendment
D)all of the above
13

A woman's right to terminate a pregnancy is rooted in
A)the right to free expression
B)the right to bear arms
C)the right to privacy
D)the protection against cruel and unusual punishment
14

On the issue of consensual sexual acts between adults, the U.S. Supreme Court has
A)not made a finding, leaving states free to prohibit certain sexual acts
B)held that the right to privacy includes the right of consenting adults to participate in any sexual conduct
C)reversed state statutes criminalizing sodomy
D)held that the right to privacy applies to heterosexuals, but not to homosexuals
15

The U.S. Supreme Court has held that the right to privacy applies to
A)a person's right to "decide whether or not to beget a child"
B)the right of a woman to choose to terminate her pregnancy
C)the right to acquire and use contraceptives
D)all of the above