CJ2 2nd Edition Larry K. Gaines – Test Bank

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CJ2 2nd Edition Larry K. Gaines – Test Bank

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Chapter 2 – Causes of Crime

 

MULTIPLE CHOICE

 

1. A school of criminology that holds that wrongdoers act as if they weigh the possible benefits of criminal or delinquent activity against the expected costs of being     apprehended is called __________.
2. classical criminology
3. utilitarianism
4. positivism
5. social process theory

ANS:  A

REF:  24

LO:  2

 

2. Which of the following are used to determinate the nature of the relationship between

genetics and criminal behavior?

1. Frontal lobe
2. Twin studies
3. Neurotransmitter studies
4. Neurophysiology studies

ANS:  B

REF:  26

LO:  2

 

3. Which of the following is the hormone that is primarily associated with criminal offending?
4. estrogen
5. testosterone
6. serotonin
7. endocrine

ANS:  B

REF:  27

LO:  2

 

4. Which of the following is NOT a neurotransmitter that has been linked to crime?
5. testosterone
6. norepinephrine
7. serotonin
8. dopamine

ANS:  A

REF:  27

LO:  2

 

5. According to Freud, the abstract system that interacts in the brain to “learn” the expectations of family and society and also acts as the conscience for an individual is    called the:
6. id
7. ego
8. superego
9. oral

ANS:  C

REF:  29

LO:  2

 

6. __________ is the science of living organisms, including their structure, function,

growth, and origin.

1. Biology
2. Psychology
3. Criminology
4. Genetics

ANS:  A

REF:  26

LO:  2

 

7. Which of the following elements is NOT discussed as an important component of social disorganization theory?
8. Disorganized zones exhibit higher rates of crime.
9. Those who are labeled as criminals will exhibit more criminal behavior.
10. The value of role models with hope for the future.
11. Crime is largely a product of unfavorable conditions in certain communities.

ANS:  B

REF:  30-31

LO:  2

 

8. The school of criminology that considers criminal behavior to be the predictable result of a person’s interaction with his or her environment is called __________.
9. strain theory
10. social disorganization theory
11. social process theory
12. the Chicago School

ANS:  C

REF:  32

LO:  3

 

 

 

 

 

 

 

9. According to the 2010 National Survey on Drug Use and Health, __________ make up the largest racial and

ethnic group of a category of illegal drug users.

1. Whites
2. African Americans
3. American Indians
4. Hispanics

ANS:  C

REF:  37

LO:  4

 

10. According to the 2010 National Survey on Drug Use and Health, most drug users fall in which age category?
11. 12-17
12. 18-25
13. 26-29
14. 30 and older

ANS:  B

REF:  37

LO:  4

 

11. In research conducted by Wolfgang, Figlio, and Sellin in Delinquency in a Birth Cohort, what percent of juveniles did the researchers find to be chronic offenders, or career criminals, responsible for a disproportionate amount of the violent crime?
12. 1
13. 4
14. 6
15. 10

ANS:  C

REF:  39

LO:  5

 

12. According to the 2010 National Survey on Drug Use and Health, most drug users:
13. use marijuana only
14. use a drug other than marijuana
15. use marijuana and some other drug
16. use marijuana and injectable drugs

ANS:  A

REF:  37

LO:  4

 

 

 

 

 

 

13. Which of the following is a process through which researchers test the accuracy of a

hypothesis?

1. theory
2. pontificating
3. prediction
4. scientific method

ANS:  D

REF:  23

LO:  1

 

14. Which of the following is a proposition that can be tested by researchers or observers to determine if it is valid?
15. theory
16. corroboration
17. hypothesis
18. verification

ANS:  C

REF:  23

LO:  1

 

15. __________ between two variables is when they tend to vary together; where _________, in contrast, means that one variable is responsible for the change in another variable.
16. correlation; theory
17. correlation; causation
18. causation; correlation
19. causation; hypothesizing

ANS:  B

REF:  23

LO:  1

 

16. Who is known as the “father of criminology?”
17. Cesare Lombroso
18. Jeremy Bentham
19. James Q. Wilson
20. Cesare Beccaria

ANS:  A

REF:  25

LO:  2

 

 

 

 

 

 

 

 

 

17. Cesare Beccaria criticized existing systems of criminal law as irrational and argued that criminal laws, to be just, should reflect three truths; which of the following is not one of           the three truths discussed in the book?
18. All decisions, including the decision to commit a crime, are the result of rational

choice.

1. Fear of punishment can have a deterrent effect on the choice to commit crime.
2. The more swift and certain punishment is, the more effective it will be in controlling

crime.

1. Laws should be shared through word of mouth.

ANS:  D

REF:  24

LO:  2

 

18. The updated version of classical criminology, that holds that at any given moment, a person can choose between committing a crime and not committing it, is known as?
19. biological theory
20. rational choice theory
21. strain theory
22. control theory

ANS:  B

REF:  25

LO:  2

 

19. The scientific study of mental processes and behavior is called __________.
20. genetics
21. biology
22. psychology
23. anomie

ANS:  C

REF:  26

LO:  2

 

20. The study of crime as it is related to social structure is NOT tied to  which of the following theory?
21. labeling theory
22. cultural deviance theory
23. social disorganization theory
24. strain theory

ANS:  A

REF:  25

LO:  2

 

 

 

21. A series of theories that assume that all individuals have the potential for criminal behavior, but are restrained by the damage that such actions would do to their           relationships with family, friends, and members of the community are called:
22. learning theories
23. labeling theories
24. control theories
25. conflict theories

ANS:  C

REF:  34

LO:  3

 

22. The __________ theory holds that criminal laws are designed by those in power (the rich) to help them keep power at the expense of those who do not have power (the poor).
23. psychoanalytic
24. social structural
25. social conflict
26. social reality of crime

ANS:  D

REF:  35

LO:  2

 

23. An approach to drug addiction that treats drug abuse as a mental illness is called the __________ model of addiction.
24. medical
25. biological
26. criminal
27. psychological

ANS:  A

REF:  38

LO:  4

 

24. Which of the following is NOT one of the criticisms of the use of criminology in the criminal justice system?
25. Criminology has not done enough to make our country a safer place.
26. Researchers know less today about “what works” in criminology than at any

other time in our nation’s history.

1. That some are trying to understand crime rather than trying to reduce it.
2. Some practitioners argue that too much of the research done by criminologists is

inaccessible to them.

ANS:  B

REF:  39

LO:  5

 

 

 

25. Psychologists at the University of Michigan’s Institute for Social Research released data in 2003 showing that exposure to high levels of televised violence erodes a natural    aversion to violence and increases aggressive behavior among young children; this is a        type of _________ theory.
26. learning
27. labeling
28. control
29. conflict

ANS:  A

REF:  33

LO:  3

 

TRUE/FALSE

 

1. A theory is an explanation of a happening or circumstance that is based on observation,

experimentation, and reasoning.

ANS:  T

REF:  23

LO:  1

 

2. Some adoption studies show that fraternal twins are considerably more likely to exhibit

similar criminal behavior than identical twins.

ANS:  F

REF:  27

LO:  2

 

3. Freud believed that, on an unconscious level, all humans have criminal tendencies and

that each of us is continually struggling against these tendencies.

ANS:  T

REF:  29

LO:  2

 

4. Labeling theory suggests the hypothesis that delinquents and criminals must be taught both the practical and emotional skills necessary to participate in illegal activity.

ANS:  F

REF:  32

LO:  3

 

5. Social conflict theories are a school of criminology that views criminal behavior as the result of class conflict.

ANS:  T

REF:  34

LO:  3

 

6. Research has shown that a small group of juvenile offenders was responsible for a

disproportionate amount of crime attributed to a large group of young males.

ANS:  T

REF:  39

LO:  5

 

7. According to the 2010 National Survey on Drug Use and Health, most drug users are male?

ANS:  T

REF:  37

LO:  4

 

8. Classical criminology is a school of thought that sees criminal and delinquent behavior as the result of biological, psychological, and social forces.

ANS:  F

REF:  25

LO:  2

 

9. Causation between two variables means that they tend to vary together.

ANS:  F

REF:  23

LO:  1

 

10. A sound theory supported by the scientific method proves that a prediction will be

correct.

ANS:  F

REF:  24

LO:  1

 

COMPLETION

 

1. A __________ is a possible explanation for an observed occurrence that can be tested by

further investigation.

ANS:  hypothesis

REF:  23

LO:  1

 

2. __________ psychology is a branch of psychology that studies how people’s thoughts and behaviors are influenced by the presence of others.

ANS:  Social

REF:  29

LO:  2

 

 

3. __________ is the scientific study of crime and the causes of criminal behavior.

ANS:  Criminology

REF:  22

LO:  1

 

4. Strain theory has its roots in the concept of _________, which results when social change throws behavioral norms into flux, leading to a weakening of social controls and

an increase in deviant behavior.

ANS:  anomie

REF:  32

LO:  2

 

5. __________ is when a relationship in which a change in one measurement or behavior

creates a recognizable change in another measurement or behavior

ANS:  Cause

REF:  23

LO:  1

 

6. __________ is when the relationship between two measurements or behaviors tend to move in the same direction.

ANS:  correlation

REF:  22

LO:  1

 

7. _________ drugs have chemicals that affect the brain, causing changes in emotions, perceptions, and behavior.

ANS:  Psychoactive

REF:  36

LO:  4

 

8. __________ is the study of how certain traits or qualities are transmitted from parents to their offspring.

ANS:  Genetics

REF:  26

LO:  2

 

9. An approach to ethical reasoning in which the “correct” decision is the one that results in the greatest amount of good for the greatest number of people affected by that decision is called __________.

ANS:  utilitarianism

REF:  24

LO:  2

 

 

 

 

10. __________ are chemical substances that control certain cellular and bodily functions such as growth and reproduction.

ANS:  Hormones

REF:  27

LO:  2

 

ESSAY

 

1. Contrast positivism with classical criminology and give an example of a theory that exists in each category.

ANS:

• Classical criminology is a school of criminology based on the belief that individuals have free will to engage in any behavior, including criminal behavior
• For example, utilitarianism fall under the purview of classical criminology
• Positivism is a school of thought in the social sciences that see criminal and delinquent behavior as the result of biological, psychological, and social forces. Because wrongdoers are driven to deviancy by external factors, they should not be punished but treated to lessen the influence of those factors
• For example, biological, psychological, and sociological theories fall under the purview of positivism.

REF:  24-25

LO:  2

 

2. Explain the goals Bentham suggested should be behind all punishment.

• To prevent all crime.
• When it cannot prevent crime, to ensure that a criminal will commit a lesser crime to avoid a harsher punishment.
• To give the criminal an incentive not to harm others in the pursuit of crime.
• To prevent crime at the least possible cost to society.

REF:  26

LO:  2

 

3. Identify and explain the three neurotransmitters that seem to be particularly related to aggressive behavior and how they interact with the brain to result in aggression.

ANS:

• Serotonin, which regulates moods, appetite, and memory.
• Norepinephrine, which regulates sleeping cycles and controls how we respond to anxiety, fear, and stress.
• Dopamine, which regulates perceptions of pleasure and reward.
• Researchers have established that under certain circumstances, low levels of serotonin and high levels of norepinephrine are correlated with aggressive behavior.

REF:  28

LO:  2

 

4. Contrast the medical model of addiction with the criminal model of addiction.

ANS:

• The medical model of addiction is an approach to drug addiction that treats drug abuse as a mental illness
• Those who believe in the medical model of addiction advocate treating addiction as a disease and hold that society should not punish addicts but rather attempt to rehabilitate them, as would be done for any other unhealthy person
• The criminal model of addiction is an approach to drug abuse that treats illegal drug use as a criminal act
• The criminal justice system tends to favor the criminal model of addiction over the medical model, as this model holds that drug abusers and addicts endanger society with their behavior and should be punished the same as any other persons who commit crimes that are not drug related

REF:  38

LO:  4

 

5. Briefly list and explain the three branches of social process theories. Explain how one of the theories might be used to explain the crime of theft.

ANS:

• Learning theory is the hypothesis that delinquents and criminals must be taught both the practical and emotional skills necessary to participate in illegal activity (Example: a child watches his mother steal from the convenience store every day and so starts to steal from the store himself when he visits)
• Control theories are a series of theories that assume that all individuals have the potential for criminal behavior, but are restrained by the damage that such actions would do to their relationships with family, friends, and members of the community (Example: a child does not steal at school even though he really wants the Nike’s his locker mate just received as a present because he is fearful he will be caught and will get in trouble by parents)
• Labeling theories support the hypothesis that society creates crime and criminals by labeling certain behavior and certain people as deviant (Example: a teacher thinks a child is stealing things from other students at school, once the child realizes this and is talked to about this, he begins to steal since others think he is labeled as such already)

REF:  32-33

LO:  3

 

Chapter 4 – Inside Criminal Law

 

MULTIPLE CHOICE

 

1. Which of the following is NOT one of the reasons a person is excused for his or her wrongdoing as a result of a mental disorder?
2. He or she does not perceive the physical nature or consequences of his or her

conduct.

1. He or she does not know that his or her conduct is wrong or criminal.
2. He or she is not sufficiently able to control his or her conduct so as to be held

accountable for it.

1. He or she was intoxicated at the time of the offense.

ANS:  D

REF:  71-72

LO:  3

 

2. When a person is physically forced to ingest or is injected with an intoxicating substance,

or is unaware that a substance contains drugs or alcohol it is called:

1. voluntary intoxication
2. involuntary intoxication
3. duress
4. entrapment

ANS:  B

REF:  73

LO:  3

 

3. Which of the following is NOT one of the necessary requirements to use duress as a defense?
4. The threat must not be one of serious bodily harm or death.
5. The harm threatened must be greater than the harm caused by the crime.
6. The threat must be immediate and inescapable.
7. The defendant must have become involved in the situation through no fault of their

own.

ANS:  A

REF:  74

LO:  4

 

4. The authority of a court to hear and decide cases within an area of the law or a geographic territory is called __________.
5. case law
6. statute
7. jurisdiction
8. negligence

ANS:  C

REF:  60

LO:  1

 

5. Which of the following is NOT a basic element of corpus delicti?
6. actus reus
7. mens rea
8. mala in se
9. concurrence

ANS:  C

REF:  64

LO:  2

 

6. Most hate crimes are motivated by which of the following?
7. race
8. religion
9. sexual orientation
10. ethnicity

ANS:  A

REF:  70

LO:  2

 

7. A defendant is said to have __________ committed a criminal act when he or she desires to engage in certain criminal conduct or to cause a certain criminal result.
8. accidentally
9. purposely
10. intelligently
11. negligently

ANS:  B

REF:  66

LO:  2

 

8. Which of the following is not a category protected under hate crimes laws?
9. race
10. ethnicity
11. gender
12. socioeconomic status

ANS:  D

REF:  70

LO:  2

 

9. Which of the following is NOT one of the “legal functions” of the law?
10. protect
11. punish
12. legislate
13. prevent harm

ANS:  C

REF:  62

LO:  2

 

10. The purpose of the “social function” of the law is important for which of the following reasons?
11. To express public morality and teach societal boundaries.
12. To protect society and punish those who have harmed.
13. To express public morality and protect society.
14. To punish those who have harmed and teach societal boundaries.

ANS:  A

REF:  63-64

LO:  2

 

11. Which of the following is NOT one of the reasons behind the three tests of insanity used by American courts?
12. He or she is not legally culpable because he or she cannot distinguish right from

wrong.

1. He or she lacked substantial capacity to appreciate the wrongfulness of his or her

conduct.

1. He or she lacked the age to fully understand the impact and wrongfulness of his or her conduct.
2. He or she may have known the criminal act was wrong, however, some irresistible

impulse resulting from a mental deficiency drove him or her to commit the

crime.

ANS:  C

REF:  72

LO:  3

 

12. What defense is used if the defendant’s state of mind is such that they cannot claim legal responsibility for their actions?
13. infancy
14. insanity
15. intoxication
16. mistake

ANS:  B

REF:  71

LO:  3

 

13. Which of the following tests is considered the easiest standard for a defendant to meet to show insanity as a defense?
14. the M’Naghten rule
15. the substantial-capacity test
16. the irresistible-impulse test
17. the right-from-wrong test

ANS:  B

REF:   72

LO:  3

 

 

14. Which of the following is NOT a justification defense?
15. duress
16. entrapment
17. self-defense
18. insanity

ANS:  D

REF:  74-75

LO:  4

 

15. When using deadly-force in self-defense, which of the following must be true?
16. A gun must be used on your own property against you.
17. The crime must take place at night on your own property.
18. There is a reasonable belief that imminent death or bodily harm will occur.
19. The defender has to have initiated or provoked the attack.

ANS:  C

REF:  75

LO:  4

 

16. The requirement that a person claiming self-defense prove that he or she first took reasonable steps to avoid the conflict that resulted in the use of deadly force is called:
17. necessity
18. duress
19. duty to retreat
20. self-defense

ANS:  C

REF:  75

LO:  4

 

17. A Hate Crime Law is a statute that provides for ___________________ against those who commit crimes motivated by bias against an individual or a group based on race, ethnicity, religion, gender, sexual orientation, disability, or age.
18. lesser sanctions
19. greater sanctions
20. mediation sanctions
21. apology sanctions

ANS:  B

REF:  70

LO:  2

 

 

 

 

 

 

 

 

18. A body of circumstances that are fair and requires the defining of the elements of the crime is called:
19. mens rea
20. actus rea
21. corpus delicti
22. negligence

ANS:  C

REF:  64

LO:  2

 

19. What kind of law is the body of law enacted by legislative bodies?
20. constitutional law
21. statutory law
22. case law
23. administrative law

ANS:  B

REF:  61

LO:  1

 

20. Which of the following is the constitutional requirement that laws used in accusing and convicting persons of crime must be fair?
21. due process
22. substantive due process
23. procedural due process
24. Bill of Rights

ANS:  B

REF:  79

LO:  5

 

21. The Eight Amendment to the Constitution protects against which of the following?
22. unreasonable searches and seizures
23. self-incrimination
24. cruel and unusual punishment
25. double jeopardy

ANS:  C

REF:  78

LO:  5

 

 

 

 

 

 

 

 

22. An order that requires jailers to bring a person before a court or judge and explain why the person is being held in prison is called a:
23. writ of habeas corpus
24. Bill of Attainder
25. ex post facto law
26. trial of all crimes

ANS:  A

REF:  77

LO:  5

 

23. If four people physically remove a friend from her residence on the property of a religious cult, and argue that the crime of kidnapping was justified in order to remove the victim from the damaging influence of cult leaders, what defense would they be using?
24. self-defense
25. duress
26. insanity
27. necessity

ANS:  D

REF:  75

LO:  4

 

24. What Amendment to the Constitution holds that no warrants may be issued without probable cause?
25. First Amendment
26. Fourth Amendment
27. Fifth Amendment
28. Eighth Amendment

ANS:  B

REF:  77

LO:  5

 

25. What would the defense be for a woman, thinking that her divorce in another state has been finalized when it has not, marries for a second time, thereby committing bigamy?
26. infancy
27. insanity
28. mistake
29. entrapment

ANS:  C

REF:  73-74

LO:  4

 

 

 

 

 

 

TRUE/FALSE

 

1. Actus rea is a person’s mental state, or intent.

ANS:  F

REF:  64

LO:  2

 

2. A mistake of fact operates as a defense if it negates the mental state necessary to commit a crime.

ANS:  T

REF:  74

LO:  3

 

3. Constitutional law is the body of law enacted by legislative bodies.

ANS:  F

REF:  62

LO:  1

 

4. The Bill of Rights applies the first twenty-one amendments to the Constitution to the states.

ANS:  F

REF:  77

LO:  5

 

5. The Fifth Amendment guarantees that no person can be required to be a witness against

himself or herself.

ANS:  T

REF:  78

LO:  5

 

6. The Sixth Amendment guarantees the right to a speedy trial, a trial by jury, a public trial, the right to confront witnesses, and the right to a lawyer at various stages of criminal proceedings.

ANS:  T

REF:  78

LO:  5

 

7. Administrative law is the body of law created by administrative agencies (in the form of rules, regulations, orders, and decisions) in order to carry out their duties and responsibilities.

ANS:  T

REF:  61

LO:  1

 

 

 

8. The written sources of American criminal law are also known as “substantive” criminal law.

ANS:  T

REF:  79

LO:   1

 

9. A regulatory agency is a federal, state, or local government agency established to perform a specific function.

ANS:  T

REF:  61

LO:  1

 

10. Procedural criminal law is law that defines the rights and duties of individuals with respect to one another

ANS:  F

REF:  79

LO:  5

 

COMPLETION

 

1. __________ is a condition that, under early American law, excused young wrongdoers of criminal behavior because presumably they could not understand the consequences of their actions.

ANS:  Infancy

REF:  71

LO:  3

 

2. A defense for criminal liability that asserts a lack of legal __________ is called insanity.

ANS:  responsibility

REF:  71-72

LO:  3

 

3. __________ is when unlawful pressure is brought to bear on a person, causing the person to perform an act that he or she would not otherwise perform.

ANS:  Duress

REF:  74

LO:  4

 

4. The act of taking substantial steps toward committing a crime while having the ability and the intent to commit the crime, even if the crime never takes place is called __________.

ANS:  attempt

REF:  66

LO:  2

 

 

5. Intoxication is a defense for __________ ________ in which the defendant claims that the taking of intoxicants rendered him or her unable to form the requisite intent to commit a criminal act.

ANS:  criminal liability

REF:  73

LO:  3

 

6. _________ __________is a strict liability crime in which an adult engages in a sexual act with a minor.

ANS:  Statutory rape

REF:  68

LO:  2

 

7. __________ _________ is a person’s mental state, or intent.

ANS:  Mens rea

REF:  66

LO:  2

 

8. _______________  __________ is the act of willful neglect or physical violence that occurs within a familial or other intimate relationship.

ANS:  Domestic violence

REF:  67

LO:  1

 

9. __________ __________are the rules of law announced in court decisions.

ANS:  Case law

REF:  62

LO:  1

 

10. __________ is a defense in which the defendant claims that he or she was induced by a public official – usually an undercover agent or police officer – to commit a crime that he or she would otherwise not have committed

ANS:  Entrapment

REF:  76

LO:  4

 

ESSAY

 

1. List and then explain the three different insanity tests that are used in different American jurisdictions.

ANS:

• The M’Naghten rule is a common law test of criminal responsibility that relies on the defendant’s inability to distinguish right from wrong.
• The substantial capacity test (ALI/MPC test) is a test that states that a person is not responsible for criminal behavior if he or she had no awareness of wrongdoing or was unable to control his or her actions.
• The irresistible-impulse test is a test for the insanity defense under which a defendant who knew his or her action was wrong must establish that he or she was unable to resist the urge to commit the crime.

REF:  72

LO:  3

 

2. Explain why societies need laws to function and why they are important in American society?

ANS:

• To protect and punish – the legal function of the law
  • The primary legal function of the law is to maintain social order by protecting citizens from criminal harm, i.e. harms to individual citizens’ physical safety and property and harms to society’s interests collectively, sometimes, however, it is difficult to measure society’s “collective” interests.
  • Often, laws passed to reduce such harms seem overly intrusive and marginally necessary.
• To maintain and teach – the social function of the law
  • If criminal laws against acts that cause harm or injury to others are almost universally accepted, the same cannot be said for laws that criminalize “morally” wrongful activities that may do no obvious, physical harm outside the families of those involved.
  • Instead they express public morality and teach societal boundaries

REF:  62-64

LO:  2

 

3. Explain the difference between substantive and procedural due process and give an example of each.

ANS:

• Procedural due process is a provision in the Constitution that states that the law must be carried out in a fair and orderly manner. It requires that certain procedures be followed in administering and executing a law so that an individual’s basic freedoms are never violated.  An example of this would be For example, when a young student is subjected to a futile strip search in which she was forced to expose her breasts and pubic area. School officials were looking for prescription- strength ibuprofen pills and she was targeted based on a tip from another student.  In 2009, the Supreme Court ruled that the school did not have sufficient reason to conduct such an intrusive and humiliating search.
• Substantive due process is the constitutional requirement that laws used in accusing and convicting persons of crimes must be fair. The idea is that if a law is unfair or arbitrary, even if properly passed by a legislature, it must be declared unconstitutional.  For example, Oklahoma instituted the Habitual Criminal Sterilization Act. Under this statute, a person who had been convicted of three felonies could be “rendered sexually sterile” by the state (that is, the person would no longer be able to produce children). The United States Supreme Court held that the law was unconstitutional, as there are “limits to the extent which a legislatively represented majority may conduct biological experiments at the expense of the dignity and personality and natural powers of a minority.

REF:  79

LO:  5

 

4. Explain at least three of the constitutional amendments that are critical to the field of criminal justice.

ANS:  Could list any three of the below.

• The Fourth Amendment protection from unreasonable searches and seizures.
• The Fourth Amendment requirement that no warrants for a search or an arrest can be issued without good reason.
• The Fifth Amendment requirement that no one can be deprived of life, liberty, or property without “due process” of law.
• The Fifth Amendment prohibition against double jeopardy
• The Fifth Amendment guarantee that no person can be required to be a witness against (incriminate) himself or herself.
• The Sixth Amendment guarantees of a speedy trial, a trial by jury, a public trial, the right to confront witnesses, and the right to a lawyer at various stages of criminal proceedings.
• The Eighth Amendment prohibitions against excessive bails and fines and cruel and unusual punishments.

REF:  77-78

LO:  5

 

5. Explain the development of the due process clause to the Constitution.

ANS:

• The Bill of Rights initially offered citizens protection only against the federal government. Shortly after the end of the Civil War, in 1868, three-fourths of the states ratified the Fourteenth Amendment to expand the protections of the Bill of Rights.
• The most important part of the amendment reads: No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.
• It would be nearly a hundred years before those accused of crimes on the state level would enjoy all the same protections as those accused of breaking federal

REF:  78

LO:  5