Constitutional Law And the Criminal Justice System 5th Edition by J. Scott Harr – Test Bank
To Purchase this Complete Test Bank with Answers Click the link Below
If face any problem or
Further information contact us At tbzuiqe@gmail.com
Sample Test
CHAPTER 3 TEST BANK
Multiple Choice
3.1 The framework for the
federal judiciary is:
1. based
on common law.
2. found
in the Declaration of Independence.
3. outlined
in The Federalist Papers, issue V
4. found
in Article 3 of the U.S. Constitution.
ANS: D
REF: 55
LO: 1
3.2 The first Supreme Court
was established by the:
1. Bill
of Rights
2. Federalist
Papers
3. Federal
Judiciary Act of 1789
4. First
Amendment
ANS: C
REF: 55
LO: 1
3.3 The U.S. Supreme Court
has original jurisdiction:
1. in
cases dealing with foreign dignitaries and in legal disputes between states.
2. in
cases brought before it on appeal.
3. when citizens
claim violations of their rights under the Constitution.
4. in
cases dealing with treaties and those involving federal officials.
ANS: A
REF: 56
LO: 2
3.4 Judicial review refers
to:
1. a
quarterly review of the Supreme Court by Congress.
2. the
rating system that allows American citizens to express their level of
satisfaction regarding Supreme Court rulings.
3. the
methodology used by a president in selecting a justice for appointment to the
Supreme Court.
4. the
power of the Supreme Court to analyze the constitutionality of decisions of
other government entities and lower courts.
ANS: D
REF: 58
LO: 3
3.5 The case of Marbury
v. Madison established:
1. lifetime
appointment for justices.
2. that
the Supreme Court has the authority to review acts of Congress.
3. that
police must notify suspects of their rights prior to questioning.
4. that
the Supreme Court must function only as an appellate court.
ANS: B
REF: 59
LO: 4
3.6 The laws that emanate
from the Supreme Court:
1. are
the law of the land.
2. may be
appealed to another court having similar jurisdiction.
3. constitute
statutory law.
4. may
hold only until the end of the presiding chief justice’s term.
ANS: A
REF: 55
LO: 1
3.7 When the Court grants
certiorari, it will:
1. officially
end that term.
2. hear
and decide that case.
3. consider
hearing that case.
4. allow
the ruling of the lower court to stand.
ANS: B
REF: 60
LO: 2
3.8 Of the cases put before
the Court, it accepts for review about:
1. 1%
2. 10%
3. 50%
4. 85%
ANS: A
REF: 61
LO: 2
3.9 The reason a Supreme
Court appointment is lifetime is:
1. so a
justice may not be unduly influenced.
2. because
it is very time consuming to select and train a justice.
3. because
it would be age discrimination to require them to retire.
4. to
continue the political legacy of the appointing President.
ANS: A
REF: 61
LO: 6
3.10 How many justices sit on the
Supreme Court?
1. five
2. seven
3. eight
4. nine
ANS: D
REF: 55, 61
LO: 1
3.11 In Ex parte
McCardle (1868), Congress reserved the right to:
1. overrule
Supreme Court decisions with a two-thirds vote of the Senate.
2. limit
the jurisdiction of federal courts, including the Supreme Court.
3. limit
the jurisdiction of federal courts, but not the Supreme Court.
4. override
the Constitution by promulgating unconstitutional law.
ANS: B
REF: 56
LO: 2
3.12 Supreme Court decisions that are
pro-person accused or convicted of a crime, pro-civil
liberties or civil rights claimants, pro-indigents, pro-Native Americans and
anti- government are considered to be:
1. Liberal
decisions
2. Conservative
decisions
3. Libertarian
decisions
4. Independent
decisions
ANS: A
REF: 62
LO: 7
3.13 The ability of a president to
select a Supreme Court justice is a powerful political opportunity because:
1. the
justice selected will treat that president with favoritism, should they ever be
involved in a legal dispute.
2. the
justice selected must rule the way the president wishes.
3. it
might be possible to select a candidate with similar political views.
4. most
judicial candidates are powerful people themselves.
ANS: C
REF: 62, 64
LO: 6
3.14 Strict construction refers to:
1. a
justice expressing hostility or anger in an opinion.
2. a
rigid reading and interpretation of a law.
3. the
manner in which our legal system was designed and developed.
4. a
lenient means of interpreting the law.
ANS: B
REF: 68
LO: 7
3.15 The current Chief Justice is:
1. Sandra
Day O’Connor.
2. William
Rehnquist
3. Clarence
Thomas
4. John
G. Roberts, Jr.
ANS: D
REF: 63
LO: 7
3.16 The only other court or legislative
body that can overrule a Supreme Court decision is:
1. another
federal court having original jurisdiction.
2. the
lower court to which the case was remanded.
3. Congress,
with a three-fourths vote in the House and a two-thirds vote in the Senate.
4. no
other body may overrule the U.S. Supreme Court.
ANS: D
REF: 55
LO: 1
3.17 Which of the following is not
within the power of the Supreme Court?
1. It
can override the will of the majority expressed in an act of Congress.
2. It
can require redistribution of political power in every state.
3. It
can issue proactive opinions to address and avoid future controversies.
4. It
has original jurisdiction in all cases involving ambassadors, other public
ministers and consuls.
ANS: C
REF: 55-56
LO: 3
3.18 Martin v.
Hunter’s Lessee held that the Supreme Court could:
1. reverse
state court decisions that involved federal legal issues.
2. declare
acts of Congress unconstitutional.
3. be
the final arbiter in disputes between states.
4. have
original jurisdiction in cases involving Constitutional issues.
ANS: A
REF: 59
LO: 5
3.19 It is the Supreme Court’s
responsibility to monitor government infringement on civil rights according to
the doctrine of:
1. strict
construction
2. judicial
restraint
3. judicial
review
4. natural
law
ANS: C
REF: 60
LO: 3
3.20 The minimum number of justices
required to vote in favor or granting certiorari to review a case is:
1. 2
2. 4
3. 3
4. 1
ANS: B
REF: 60
LO: 2
3.21 The percentage of cases submitted
to the Supreme Court which are summarily denied, having no justices expressing
an interest in them is approximately:
1. 30%
2. 50%
3. 70%
4. 90%
ANS: C
REF: 60
LO: 2
3.22 Federal judges (including Supreme
Court justices) can be removed from their office “on impeachment
for and conviction of” all of the following, except:
1. high
crimes and misdemeanors
2. treason
3. dereliction
of duty
4. bribery
ANS: C
REF: 62
LO: 6
3.23 The Court has jurisdiction over two
general types of cases, cases that reach it on appeal and
cases over which the Court has:
1. original
jurisdiction.
2. appellate
jurisdiction.
3. the
power of judicial review
4. subject-matter
jurisdiction
ANS: A
REF: 56
LO: 2
3.24 The case which authorized the Court
to maintain a position of the ultimate de facto
lawmaker by deciding
what legislation is and is not constitutional is:
1. Martin
vs. Hunter’s Lessees
2. Ex
parte McCardle
3. Plessy
v. Ferguson
4. Marbury
v. Madison
ANS: D
REF: 59
LO: 4
3.25 The number of women who have served
on the Supreme Court through 2010 is:
1. zero
2. one
3. three
4. four
ANS:D
REF: 63
LO: 7
3.26 The current Supreme Court:
1. overwhelmingly
supports judicial review.
2. is
impartial on the issue of judicial review.
3. supports
the expansion of rights for offenders within the criminal justice system.
4. is
perceived to be a “law and order” court that supports expanded discretionary
authority for criminal justice professionals.
ANS: D
REF: 65
LO: 7
3.27 When the Supreme Court denies
certiorari, it means the Court:
1. is
upholding the lower court ruling.
2. believes
the case lacks merit.
3. finds
the issue moot.
4. takes
no official position on the case.
ANS: D
REF: 61
LO: 7
3.28 Since the origin of the Supreme
Court, ___________________ justices have served.
1. nearly
40
2. between
60 and 65
3. more
than 100
4. nearly
210
ANS: C
REF: 63
LO: 6
3.29 Of the following statements about
dissenting opinions, all are accurate except:
1. They
carry no legal authority.
2. They
date to the King’s Bench of Great Britain in 1792.
3. They
are often used in hope of influencing future decisions.
4. They
carry the same legal authority as the majority opinion.
ANS: D
REF: 68
LO: 2
3.30 The Supreme Court established its
authority as the final interpreter of the Constitution in the case of:
1. Martin
vs. Hunter’s Lessees
2. Ex
parte McCardle
3. Plessy
v. Ferguson
4. Marbury
v. Madison
ANS: D
REF: 58
LO: 3, 4
True/False
3.31 Decisions made by the Supreme Court
affect the everyday lives of Americans.
ANS: T
REF: 54
LO: 2, 3, 7
3.32 In determining which cases to hear,
the justices are often looking for cases involving matters that directly
influence the law and the nation.
ANS: T
REF: 61
LO: 2
3.33 The Supreme Court, powerful as it
is, cannot override the will of the majority expressed in acts of Congress.
ANS: F
REF: 59
LO: 4
3.34 Due to its strict conformance to
stare decisis, the Supreme Court cannot overrule itself.
ANS:F
REF: 55
LO: 3
3.35 The framers of the Constitution
were very specific as to how the Supreme Court was to be organized.
ANS: F
REF: 55
LO: 1
3.36 The Supreme Court has tremendous
power through the process of judicial review.
ANS: T
REF: 58
LO: 3
3.37 A petition is a written statement
from the Court.
ANS: F
REF: 68
LO: 2
3.38 The Supreme Court has original
jurisdiction in any criminal case where controversies over the death penalty
are involved.
ANS: F
REF: 56
LO: 2
3.39 In the case of Martin v. Hunter’s
Lessee, the final determination was that the Supreme Court had the authority to
review cases involving federal law, even though the case is pending in a state
court.
ANS: T
REF: 59
LO: 5
3.40 In Ex parte
McCardle (1868), Congress reserved the right to limit the jurisdiction of
federal courts, including the Supreme Court.
ANS: T
REF: 56
LO: 2
Fill-In
3.41 _______________ is a Latin term
that means “to be informed.”
ANS: Certiorari
REF: 60
LO: 2
3.42 Decisions that favor the
government’s interest in prosecuting and punishing offenders
over recognition or expansion of individual
rights tend to be classified as __________ decisions.
ANS: Conservative
REF: 62
LO: 7
3.43 The current Supreme Court is
considered by many to be ________________.
ANS: conservative
REF: 65
LO: 7
3.44 An opinion that agrees with the
majority is called a ___________________ opinion.
ANS: concurring
REF: 68
LO: 2
3.45 After the President nominates a
judge for appointment to the Supreme Court, the _______________ must confirm
the nomination.
ANS: Senate
REF: 62
LO: 6
3.46 The Supreme Court has effectively
created most of its own power and authority through the process of
________________.
ANS: judicial review
REF: 58
LO: 3
3.47 All questions are allowed, and
politics become readily apparent, during a Supreme Court nominee’s ___________
process.
ANS: confirmation
REF: 64
LO: 6
3.48 During ___________, the justices
consider administrative matters and write opinions, but do not hear cases.
ANS: recesses
REF: 67
LO: 2
3.49 The justices not only render
decisions, they also __________ the Constitution.
ANS: interpret
REF: 58
LO: 3
3.50 It can be interpreted from The
Federalist Papers that the Supreme Court was assigned the awesome task of
practically overseeing the __________.
ANS: Bill of Rights
REF: 69
LO: 3
Essay
3.51 Describe the ideological makeup of
the current Supreme Court. In your opinion, do
labels such as “liberal” or
“conservative” provide an accurate portrayal of the current
Court? Explain.
ANS: See Table 3.1. Students answers on the second
part of the question will vary, but should be justified by information from the
text.
REF: 63-64
LO: 7
3.52 Describe the authority the Supreme
Court has and how it has come by this authority.
ANS: Has appellate jurisdiction over lower state and federal
courts on issues that involve either interpretation of federal law or the
applicability of the Constitution to the subject at hand, and over cases
dealing with treaties the U.S. has entered into, admiralty and maritime cases,
or those involving certain public officials and political entities. Has
original jurisdiction in cases dealing with foreign dignitaries or cases
involving legal disputes between states. Its authority is established in
Article 3 of the U.S. Constitution. Additionally, the Court has the power
of judicial review, as set forth in its decision of Marbury
v. Madison, and the power to review state court cases, as established
in Martin v. Hunter’s Lessee.
REF: 55-59
LO: 3
3.53 Explain the process used in
deciding which cases will be heard by the Supreme Court.
ANS: Figure 3.1 illustrates the path a case travels to reach the
Supreme Court.
REF: 57
LO: 2
3.54 Explain the types of opinions that
may be written by Supreme Court justices, who may write them, and the
purpose of each.
ANS: The chief justice or most senior justice voting with the
majority assigns the writing of the majority opinion. Any other justice may
write a concurring or dissenting opinion.
Concurring opinions give justices who did not author the opinion
the opportunity to address why they agree with the outcome but not with the
reasoning. Dissenting opinions provide the bigger picture and other
perspectives on the issue at hand, and are often written in hopes of
influencing future decisions on the issue.
REF: 68
LO: 2
3.55 Describe the influence of the
Supreme Court on the justice system.
ANS: As interpreters of the Constitution and overseers of
the Bill of Rights, the Supreme
Court has a profound influence on the justice system. Some courts, such
as the Warren
Court in the 1960s, focus on the rights of the accused and expand procedural
safeguards, thereby limiting the power of law
enforcement. Other courts, such as the current
Roberts Court, focus on “law and order” and tend
to side with law enforcement,
expanding
their powers and limiting the rights of defendants. As the court of last
resort which has the final say in matters that come before it, Supreme
Court decisions become
“the law of the
land” and both federal and state justice systems must obey them.
REF: 61-63
LO: 2, 7
CHAPTER 5 TEST BANK
Multiple Choice
5.1 The Thirteenth
Amendment:
1. deals
with the right to due process of law.
2. abolished
slavery.
3. established
prohibition.
4. guarantees
equal protection.
ANS: B
REF: 93
LO: 1
5.2
Among other things, the Fourteenth Amendment:
1. permitted
blacks to be citizens of the United States.
2. permitted
states to determine the citizenship status of blacks.
3. abolished
slavery in the territories.
4. overturned
the Emancipation Proclamation.
ANS: A
REF: 93
LO: 1
5.3 The case of Dred
Scott v. Sandford held that:
1. blacks
had equal rights with whites.
2. the
concept of “separate but equal” was unconstitutional.
3. freed
slaves did not have the right to remain free in territory where slavery was
still legal.
4. states
could determine whether ex-slaves could be citizens.
ANS: C
REF: 92
LO: 3
5.4
After the Plessy decision, the concept of “separate
but equal” became entrenched in the Southern states through the
enactment of:
1964.
the Civil Rights Act of 1964.
1965.
school desegregation.
1966.
Jim Crow laws.
1967.
the Fourteenth Amendment.
ANS: C
REF: 99
LO: 4, 5
5.5 “Due process of law”
means:
1. all
state citizens have the right to a grand jury indictment.
2. fairness
of government actions.
3. states
must treat all citizens equally.
4. federal
law cannot usurp state rights.
ANS: B
REF: 94
LO: 1
5.6 The fundamental
provisions of the Bill of Rights have been applied to the states through
the process of:
1. stare
decisis
2. judicial
activism
3. summary
judgment
4. selective
incorporation
ANS: D
REF: 118
LO: 11
5.7 Which of the following
has not been enacted to outlaw discrimination?
1. the
Civil Rights Act.
2. the
Equal Rights Amendment.
3. the
Voting Rights Act.
4. the
Equal Pay Act.
ANS: B
REF: 100
LO: 2, 6
5.8 Which of the following
was not one of the pressing issues that led to the Civil War?
1. state
banks and money versus national banks and currency.
2. freedom
versus slavery in the territories.
3. federal
aid versus state aid for improving highways and railways.
4. racial
segregation in the South.
ANS: D
REF: 92
LO: 1
5.9 Title VII prohibits policies
or practices that are not intended to discriminate but, in fact, have a
disproportionately negative effect on minorities, also known as:
1. disparate
treatment.
2. disparate
impact.
3. reverse
discrimination.
4. preemption.
ANS: B
REF: 103
LO: 6
5.10 The Court acknowledged that virtual
exclusion of African-Americans from juries constituted an equal protection
violation in:
1. Adarand
v. Pena.
2. Norris
v. Alabama.
3. Swain
v. Alabama.
4. Batson
v. Kentucky.
ANS: B
REF: 113
LO: 8
5.11 A situation in which racial
minorities are treated more harshly at some points and in some places in the
criminal justice system, but no differently than whites at other points and in
other places best describes:
1. pure
discrimination.
2. systematic
discrimination.
3. contextual
discrimination.
4. discretionary
discrimination.
ANS: C
REF: 111
LO: 8
5.12 Sentencing guidelines have reduced:
1. racial
disparity.
2. ethnic
disparity.
3. death
sentences.
4. sentence
disparity.
ANS: D
REF: 115
LO: 8
5.13 Which of the following holds that only
the provisions of the Bill of Rights that are
fundamental to the
American legal system are applied to the states through the due
process clause of the Fourteenth Amendment?
1. The
incorporation doctrine
2. The
equal justice clause
3. The
selective preemption doctrine
4. The
civil liberties proclamation
ANS: A
REF: 118
LO: 11
5.14 The Supreme Court ruling in United
States v. Virginia, which held that exclusion of females was unconstitutional,
involved denial of admission to a:
1. medical
school.
2. golf
tournament.
3. NASA
astronaut training program.
4. military
institute.
ANS: D
REF: 100
LO: 6
5.15 Perhaps one of the most fundamental
constitutional rights of prisoners is:
1. access
to the courts
2. freedom
of religion
3. due
process in disciplinary hearings
4.
freedom of speech
ANS: A
REF: 117
LO: 10
5.16 Discrimination is:
1. an
attitude.
2. not
punishable by law.
3. a
behavior.
4. an
unconscious bias learned through socialization.
ANS: C
REF: 97
LO: 2
5.17 Which of the following amendments
has most recently been held applicable to the states?
1. Second
Amendment right to bear arms.
2. Fifth
Amendment guarantee of criminal prosecution only on a grand jury indictment.
3. Seventh
Amendment guarantee of a jury trial in a civil case.
4. Fourth
Amendment right against unreasonable searches and seizures.
ANS: A
REF: 119
LO: 11
5.18 Plessy v.
Ferguson held that:
1. our
Constitution must be color blind.
2. discrimination
was outside the realm of the Court.
3. it is
up to legislation to eradicate prejudice.
4. the
economic cost of segregation would be staggering.
ANS: B
REF: 99
LO: 4
5.19 The Constitution was originally
drafted to limit the power of:
1. the
federal government.
2. governments
of the 13 independent colonial states.
3. British
rule over the colonies.
4. Congress.
ANS: A
REF: 118
LO: 11
5.20 A major issue facing the criminal
justice system today is the growing population of and rising crime rates
associated with:
1. juveniles
2. crack
dealers
3. illegal
immigrants
4. organized
biker gangs.
ANS: C
REF: 106
LO: 2, 8
5.21 In which case did the plaintiffs
claim that they were being denied their right to equal
protection of the law and that the laws of
“separate but equal” were, in fact, not equal?
1. Marbury
v. Madison
2. Dred
Scott v. Sanford
3. Regents
of the University of California v. Bakke
4. Brown
v. Board of Education of Topeka
ANS: D
REF: 99
LO: 5, 11
5.22 The Court’s 1964 ruling in Cooper v.
Pate held that:
1. inmates
retained all of their civil rights.
2. inmates
lost all of their civil rights.
3. inmates
could sue the warden for deprivation of basic rights.
4. discarding
inmates’ petitions to the court was unconstitutional.
ANS: C
REF: 116
LO: 10
5.23
State constitutions serve all of the following purposes except to:
1. impose
limitations on the exercise of state government’s power.
2. affirm
the existence of certain powers.
3. establish
the supremacy of the state constitution over all federal laws and actions.
4. establish
the organization of a state’s governing bodies.
ANS: C
REF: 118
LO: 11
5.24 The section of the Civil Rights Act
prohibits intentional acts of employment
discrimination based on
race, color, religion, sex, and national origin is:
1. USC
Section 1983
2. Title
VII
3. Section
287(g)
4. Title
IX
ANS: B
REF: 100
LO: 6
5.25 Prejudice is:
1. an
attitude.
2. punishable
by law.
3. a
behavior.
4. deemed
unconstitutional under the Fourteenth Amendment.
ANS: A
REF: 97
LO: 2
5.26 Amenities such as cable television
in prison are considered to be inmate:
1. pampering.
2. privileges.
3. rights.
4. sanctions.
ANS: B
REF: 117
LO: 9, 10
5.27 Delegation of federal immigration
enforcement to state and local law enforcement
agencies so
they may assist in enforcing federal immigration laws is allowed by:
1. Section
1983 of the U.S. Code
2. Congress
3. Section
287(g) of the Immigration and Nationality Act
4. The
Department of Justice
ANS: C
REF: 107
LO: 10
5.28 Inmates can sue for violation of
their constitutional rights under:
1.
USC Section 1983
2. the
Civil Rights Act of 1964
3. the
Prisoner’s Rights Act of 1992
4. the
Due Process Act of 1978.
ANS: A
REF: 116
LO: 10
5.29 Women were granted the right to
vote:
1. through
the Emancipation Proclamation.
2. 50
years before discrimination based on race was prohibited.
3. at
the same time discrimination based on race was prohibited.
4. 50
years after discrimination based on race was prohibited.
ANS: D
REF: 100
LO: 2
5.30 The landmark case in the issue of
affirmative action is:
1. United
Steelworkers of America v. Weber (1979).
2. Regents
of the University of California v. Bakke (1978).
3. United
States v. Paradise (1987).
4. Fullilove
v. Klutznick (1980).
ANS: B
REF: 100-101
LO: 7
True/False
5.31 The Thirteenth Amendment granted
citizenship to the freed slaves.
ANS: F
REF: 93
LO: 1
5.32 Unintentional acts of employment
discrimination based on race, color, sex, religion, or national origin are
prohibited by Title VII of the Civil Rights Act.
ANS: F
REF: 103
LO: 6
5.33 Affirmative action programs were
created to spread equal opportunities throughout the diverse American
population.
ANS: T
REF: 100
LO: 7
5.34 Rights and privileges are both legally
protected.
ANS: F
REF: 116
LO: 9
5.35 Even after Lincoln issued the Emancipation
Proclamation, slavery remained entrenched in the states.
ANS: T
REF: 93
LO: 1
5.36 Full due process rights are
afforded to inmates in prison disciplinary proceedings.
ANS: F
REF: 117
LO: 9
5.37 The Bill of Rights was originally
meant to apply only to the states, not the national government.
ANS: F
REF: 118
LO: 11
5.38 Jim Crow laws emerged across the
south following the Supreme Court’s ruling in Plessy v.
Ferguson (1896).
ANS: T
REF: 99
LO: 4
5.39 Reverse discrimination consists of
giving preferential treatment in hiring and promoting women and minorities to
the detriment of white males.
ANS: T
REF: 102
LO: 2, 7
5.40 The Equal Protection Clause
prohibits discrimination in jury selection only when it is based on race.
ANS: F
REF: 114
LO: 8
Fill-In
5.41 In the Brown decision,
the Supreme Court ruled that “separate but equal” _______ were illegal.
ANS: schools
REF: 99
LO: 11
5.42 The __________ is the belief that
through hard work anyone can have success and ample material possessions.
ANS: American Dream
REF: 102
LO: 7
5.43 _____________ programs are
sometimes referred to as ethnic-preference or gender-preference programs.
ANS: Affirmative action
REF: 100
LO: 7
5.44 The __________guarantees that
states shall not deny any person due process nor equal protection of the laws.
ANS: Fourteenth
REF: 94
LO: 1
5.45 After the Civil War, many southern
states continued discrimination by passing ______________ which forbade blacks
to vote, serve on juries, hold certain jobs, move freely, own firearms, or
gather in groups.
ANS: Black Codes
REF: 93
LO: 1
5.46 _____________ is an attitude;
discrimination is a behavior.
ANS: prejudice
REF: 97
LO: 2
5.47 ________________ segregated blacks
from whites in schools, restaurants, and even cemeteries.
ANS: Jim Crow laws
REF: 99
LO: 5
5.48 In Dred
Scott v. Sanford, the Supreme Court ruled that even ________________ could not
be citizens and they had “no rights which a white man was bound to respect.”
ANS: free blacks
REF: 92
LO: 3
5.49 The incorporation doctrine is also
known as the doctrine of __________ incorporation.
ANS: selective
REF: 118
LO: 11
5.50 The contention that police single
out subjects based solely on the color of their skin frequently leads to
allegations of __________.
ANS: racial profiling
REF: 111
LO: 8
Essay
5.51 Discuss what alleged racial
disparities exist within our criminal justice system.
ANS: Discrimination has been alleged to exist throughout the
criminal justice system, including racial profiling by law enforcement,
arrests, biased jury selection and sentencing decisions, and claims of prisoner
rights violations in corrections. Minority youths in particular are perceived
by many as being treated more harshly and are overrepresented at every decision
point in the juvenile justice system.
REF: 110-118
LO: 8
5.52 Explain what the Fourteenth
Amendment did and its effect on all U.S. citizens.
ANS: The Fourteenth Amendment granted citizenship to all persons
born or naturalized in the United States. It also forbade the states to deny
any persons due process or equal protection of the law. Through the
process of selective incorporation, most of the provisions of the Bill of
Rights have been made applicable to the states through the due process clause
of the Fourteenth Amendment. The equal protection clause has had a
profound impact on American society, providing the means by which all manner of
discrimination has been challenged in the courts, leading to great strides in
civil rights for all inhabitants of the U.S.
REF: 93-94
LO: 1
5.53 Describe what affirmative action
programs are, where they are used, and discuss whether you feel they are
effective. Are they appropriate? Are they fair?
ANS: Affirmative action programs were an attempt to cure or
equalize the years of unequal treatment experienced by minorities and women and
to prevent such discrimination in the future. They were/are used in employment
and educational settings. Opinions regarding the appropriateness or fairness of
such programs are highly subjective. Look for well thought-out and defended
arguments in students’ responses.
REF: 100-103
LO: 7
5.54 Explain the events leading up to
the passage of the Thirteenth Amendment and how
effective it was.
ANS: President Lincoln was elected on a promise to abolish
slavery in the territories. Southern states feared, among other things,
that Lincoln would abolish slavery in the states. Several states resolved
to withdraw from the Union, thus beginning the Civil War. In 1862,
Lincoln threatened to abolish slavery in the rebelling states if they did not
return to the Union. They didn’t, and Lincoln did, issuing the Emancipation
Proclamation in 1863. The Proclamation had little effect. In 1864,
an amendment abolishing slavery was proposed and in 1865, the Thirteenth
Amendment was ratified. The Thirteenth Amendment, which abolished
slavery, was not completely effective, as many southern states continued
discrimination by passing “Black Codes,” necessitating the passage of the
Fourteenth Amendment in an attempt to prevent states from infringing upon the
rights of the newly freed slaves.
REF: 92-93
LO: 1
5.55 Discuss the difference between
prejudice and discrimination and give examples of each.
ANS: Prejudice is a negative attitude, how one thinks or feels
about a specific person or group of people. Discrimination is behavior, overt
actions based on prejudice. Examples of prejudice include thinking minorities
are unintelligent or unmotivated; examples of discrimination include giving
tickets to minority drivers but only warning citations to white drivers,
sentencing minorities to hard time while giving white offenders probation for
the same offenses, and giving minority inmates less access to reading material
or exercise equipment.
REF: 97-98
LO: 2
Comments
Post a Comment