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POSI - exam 2 review
Dr. Kens - POSI review
77
Political Studies
Undergraduate 1
03/23/2011

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Term
liberty can only be viewed as a zero sum game in which more government equals less liberty -- T/F?
Definition
False - it can also be viewed as both a threat and a security
Term
Which of the following are included in Article 1, sections 9 and 10 of the U.S Constitution?
a. Writ of habeas corpus
b. No ex post facto laws
c. No state shall impair obligations of contract
d. All of the above
Definition
D. all of the above
Term
The first ten amendments to the Constitution are known as the...
Definition
BOR
Term
In the case of Barron v. Baltimore (1883), what did the Supreme Court rule about the BOR?
Definition
The Bill of Rights DOES NOT apply to the state
Term
Which of the following clauses is part of the 14th amendment, passed in 1868?
Definition
Due process clause
Term
What did the outcome of Roe v. Wade (1973) do? 3 main things
Definition
it Invalidated state laws that completely prohibit abortions. It b. Engaged in a balancing act between a woman’s right to choose and the states interest in protecting the health of the mother and protecting potential life. And finally it energized the religious right.
Term
What did the outcome of Roe v. Wade (1973) NOT do?
Definition
It DID NOT: define when life begins, rule that a fetus has constitutional rights, and refused to recognize that the state has an interest in protecting potential life.
Term
In Planned Parenthood v. Casey (1992), the Supreme Court ruled that...?
Definition
The essential holding of Roe v. Wade should be retained and reaffirmed
Term
According to Prof. Kens, court decisions in effect reached a “compromise” on Roe v. Wade. T/F?
Definition
True
Term
In class, Prof. Kens gave a number of reasons why he suspects that the problem of gun violence may be getting worse. Which of the following did he discuss?
Definition
Accessibility, increase in firepower, and random violence
Term
What did the Gun Control Act of 1968 do?
Definition
It Restricted importation of surplus military guns
Term
Proponents of gun control believe that the Brady Bill does not go far enough because...
Definition
it is a general eligibility permitting system
Term
Advocates of gun control argue that what is intended to be an individual right, rejects the right of the states to create a well regulated militia, and is intended to facilitate the creation of independent state militias?
Definition
The 2nd amendment
Term
The cases of U.S v. Emerson (2001) and D.C v. Heller (2008) are examples of a constitutional debate of what amendment?
Definition
These cases deal with the 2nd amendment
Term
Name three arguments mentioned in class IN FAVOR of the death penalty?
Definition
Deterrence, cost effectiveness, and retribution
Term
Name 2 things that are grounds for wrongful conviction.
Definition
Sloppy police work, racial discrimination, and bad lawyering for the defense
Term
What town was the first to outlaw guns in the home?
Definition
D.C.
Term
The case of Engblom v. Carey (1979) was brought before the court under what amendment
Definition
The 3rd amendment
Term
What was the original charge against Alan McSurely in the case of McSurely v, McClellan (1967)?
Definition
Sedition against the commonwealth of Kentucky
Term
What is the most basic aspect of a traditional 4th amendment search?
Definition
It must be pursuant to a warrant that is based on probable cause
Term
25. Many defense attorneys feel that the grand jury system is unfair to the accused because they are not allowed to present a defense or to speak on their own behalf - T/F
Definition
False
Term
What was George Blow’s argument to the court regarding Everett Green’s murder conviction?
Definition
a. When the first jury found Green guilty of 2nd degree murder, it was implicitly acquitting him of 1st degree murder, and to try him for 1st degree murder was a violation of his 5th amendment right not to be subjected to double jeopardy
Term
Why is the 5th amendment right against self-incrimination often regarded as one of the least popular?
Definition
It is often perceived as a shield for the guilty rather than a shield for the innocent
Term
When the framers of the Bill of Rights enacted the 4th and 5th amendments, they primarily had what in mind...
Definition
creating a counterweight against tyranny
Term
One of the most dangerous provisions of the RICO statute is
Definition
It's provision for civil forfeiture
Term
In class, we mentioned one feature of the Patriot Act that is so broad that it could pose a danger to political freedom. That provision is
Definition
of domestic terrorism
Term
What is Bowers vs. Hardwick about?
Definition
Police entered a man’s apt with his permission and the cops found 2 gay men in a sex act and they were charged for sodomy laws. He joined the ACLU to challenge the law claiming it violated his right to privacy. S.C. vote 5-4 rejected his argument.
Term
What did Justice White rule in Bowers vs. Hardwick?
Definition
“Privacy does not extend to homosexual sodomy”. Chief Justice Burger says, “There is no such thing as a fundamental right to commit homosexual sodomy”. Powell agreed with the outcome but notes that his law may violate the 8th amendment.
Term
In Bowers vs. Hardwick, Blackmun stated what...?
Definition
“The most comprehensive of right and the most valued is “the right to be left alone”. The concept of privacy embodies the moral fact that a person belongs to himself and not others nor society as a whole.
Term
What did Brennan voice about Bowers vs. Hardwick?
Definition
He stated that america should be tolerant of peoples right to privacy
Term
In 1991, Hawaiian court rules that prohibition on same sex marriage violates...
Definition
The state constitution
Term
In 1996- Federal Defense of Marriage Act (DOMA) – gives states right to deny _____ ______ and ______ and for federal statutes and regulations it defines marriage as ...?
Definition
full faith and credit - - a union between a M / F
Term
In 1999- Constitutional amendment allows legislature to define
Definition
marriage
Term
Also in 1999, Baker vs. Vermont- under state constitution – same sex couples must receive common benefits that flow from marriage – legislature passes law that...?
Definition
recognizes civil unions
Term
2003- Goodridge vs. Dept of Public Health- under Mass. constitution-___ ______ ________ are entitled to civil marriage
Definition
same sex couples
Term
-Glucksberg vs. WA (1997)- The right of privacy does not give a dying person the right to ______ _________. The ________ have the power to decide the issue. Oregon- the only state to allow assisted suicide, in 1999 one year after law was passed, 15 people have used it.
Definition
assisted suicide - - states
Term
The 8th amendment mainly deals with?
Definition
Cruel and unusual punishment
Term
In Kennedy vs. Louisiana (2008)- they overruled the laws of several states that allowed the death penalty for crimes like child rape, it rejected the death penalty for crimes where _______..
Definition
The victim's life was not taken
Term
List 2 arguments against the death penalty...
Definition
Unfair application and Finality (opponents of the death penalty argue that innocent people have been executed)
Term
In a Maryland death penalty stature, in addition the state must provide on of the 3 following types of proof:
Definition
1. DNA evidence linking the suspect
2. Video taped voluntary interrogation and confession or
3. Video recording conclusively linking the suspect to the crime
Term
The 4th and 5th amendment are vital to our freedom yet controversial because it...
Definition
proclaims rights to our political freedom, and rights to the accused linked with stifling descent.
Term
There are 5 rules connected with the Anglo American tradition and the 4th amendment and these rules concern the right to warrants...
Definition
1. Prior judicial approval
2. To search a particularly described place
3. For particularly described items
4. Based on probable cause
5. Established by info obtained under oath
Term
Michigan Police vs. Sitz ruled what concerning search and seizure?
Definition
sobriety
 checkpoints 
are
 allowed
, 
even 
if 
no 
suspicion

that 
driver 
is 
intoxicated
Term
Concerning search and Seizure, what did Virginia vs. Moore rule?
Definition
traffic citations constitute as an arrest and allows search incidents to arrests as well - lame
Term
Concerning search and seizure, what did Brendlin vs California rule?
Definition
The passenger and driver can both be searched
Term
concerning search and seizure, what did Arizona vs. Johnson rule?
Definition
association with gang activities, prior convictions, wearing gang memorabilia, are reasonable suspicions for stop and frisk
Term
Due process is a guarantee of political rights for what minority?
Definition
disfavored groups
Term
List 4 different categories of disfavored groups...
Definition
Political opponents (the alien and sedition acts), revisionist ideas (antebellum abolitionists), racial minorities (Chinese and African Americans), religious minorities (Mormons), violent fringe groups (Nazi’s and KKK), and perceived enemies of the state (Japs in WWII, commies).
Term
Organized crime and RICO (racketeer influenced and corrupt organizations act) give way to what idea?
Definition
civil forfeiture
Term
Under the patriot act list what each section does:
213
215
216
Definition
213 - allows sneak and peak searches
215- allows government to obtain personal documents such as credit or grade reports
216- allows government to track telephone and internet usage
Term
Stafford 
Unified 
School
 District
 v. 
Redding
 (2009)
 dealt with? and what was the ruling?
Definition
The 4th amendment and unjust strip searches of a middle schooler, she won because they did not have probable cause to perform such actions
Term
This landmark case held that the right of an individual to "keep and bear arms" protected by the Second Amendment is incorporated by the Due Process Clause of the Fourteenth Amendment and applies to the states.
Definition
McDonald vs. Chicago
Term
Be familiar with the first imposed death sentence in the American colonies...
Definition
Captain James Kendall was the first man hanged for “heinous conduct”- it is thought he was found guilty of treason for being a spy for Spain.
Term
What are the principles used to argue the legitimacy of the death penalty?
Definition
3 principles: deterrence, penitence, and retribution.
Term
Understand why capital punishment was favored in the South
Definition
It wedded Old Testament values and capital punishment also geared toward racial control.
Term
Understand the influence of the Hollywood film I want to Live!
Definition
This hit movie was based on the case of Barbara Graham, who proclaimed her innocence yet was found guilty of murder and sentenced to death by gas chamber.
Term
Be familiar with Thorsten Sellin’s book The Death Penalty.
Definition
This book compared the murder statistics in states that employed capital punishment to the murder stats in neighboring states that had abolished it.
Term
Understand the causes behind the growing opposition to the death penalty in the 1960’s
Definition
The movement to “Save Chessmen” had become an international crusade and California Governor Pat Brown proposed that the death penalty had been a gross failure…and that is mainly inflicted on the poor, weak, and ignorant. Many people agreed with Brown’s opinions and thus gave rise to a movement against the death penalty. Hollywood also encouraged the movement against capital punishment with movies illustrating the woes and tribulations that convicts faced. Also in the 1960’s, many people moved away from the religious attitudes of “a life for a life” and embraced the idea that capital punishment was an “affront to the dignity of human life”
Term
Be familiar with the Willie Francis case
Definition
Willie was a very young boy who was found guilty for murdering the town Pharmacist and was sentenced to the electric chair. The chair, however, would not kill him the first time around. Willie’s lawyers argued that the governments failure to kill him the first time went against Willie’s right to the 5th amendment concerning double jeopardy.
Term
In Gerald Gottlieb’s “Testing the Death Penalty, what did he ultimately want the Supreme Court to address?
Definition
He wanted them to address the issue concerning that of –“Should the death penalty survive in a humane modern environment”.
Term
Be familiar with Supreme Court Justice William Douglas’s opinion in the Furman v. Georgia case
Definition
Douglas opposed capital punishment and felt that it did target minorities. He stated, “Statistics show that the death penalty is primarily used against minority groups, if it is discriminatory in practice, it is unusual under the eighth amendment. I reverse.”
Term
Be familiar with the outcome of the Furman v. Georgia case.
Definition
This landmark case invalidated the death penalty in cases concerning rape without death.
Term
Understand the Model Penal Code
Definition
Separates into two separate trials (one for sentencing and one for establishing guilt)
Term
Understand the Supreme Court’s ruling in the Coker case
Definition
ruled that crimes that don’t end with murder shouldn’t be sentenced to death.
Term
Understand the major challenges faced by most defendants in capital punishment cases
Definition
The average capital defendant was too poor to hire an attorney, had a low IQ, or a mental disorder, or both. He often had a criminal record, could hardly defend himself, and the lawyer that the state did supply him with was usual not very experienced and over-worked.
Term
What did Justice Powell’s majority opinion in the McCleskey v. Kemp case state?
Definition
He viewed the death penalty as a legitimate punishment for heinous crimes and saw it as a state issue.
Term
Be familiar with the Wainwright v. Ford case
Definition
was the case in which the United States Supreme Court upheld the common law rule that the insane cannot be executed; therefore the petitioner is entitled to a competency evaluation and to an evidentiary hearing in court on the question of his competency to be executed
Term
Why was the village of Morton Grove important?
Definition
it was the first city in the US to outlaw guns in the home
Term
Understand Marianne Engblom’s reasoning for mentioning the 3rd Amendment in her court case.
Definition
- She brought it up because the 3rd amendment dealt with the quartering of troops, that of which, the government had no right to house the national guard in her living quarters without her permission.
Term
What was the court’s decision in the Engblom v. Carey case?
Definition
The court ruled that there was no need for a trial because her living quarters were owned by the state
Term
Be familiar with the circumstances surrounding the arrest of Margaret and Alan McSurely.
Definition
The McSurely’s were accused of sedition and their house was searched, with a warrant, and ransacked. The cops took hundreds of documents illegally because they thought it looked suspicious.
Term
What happen to the McSurely’s documents including Margaret’s letters and diary once they were returned to them?
Definition
The 200+ documents were taken to D.C., all of which were claimed to be used for investigating riots in which really turned out to be love letter’s from her diary. The documents were then given back to him, allowing him to read all those letters.
Term
Understand the grand jury’s decision in the Rudy Linares case
Definition
he was not indicted for first-degree murder because the jury didn’t want to believe that to enforce the law in this case was fair due to the conditions of the crime. He pleaded guilty to unlawful use of a weapon.
Term
Be familiar with history of the Fifth Amendment
Definition
It is the right to a grand jury indictment and to protect oneself from self-incrimination.
Term
Be familiar with the Supreme Court’s decision and the outcome of the Green v. United States case.
Definition
The justices could not decide so it was postponed for the next term. Green was spared the death penalty under the double jeopardy law because he had already been tried for the first-degree murder and was found innocent so he could not be tried again.
Term
What is an accusatory system?
Definition
- a system where a person is innocent until proven guilty beyond a reasonable doubt and the state must investigate and present a trial to a jury.
Term
10. Be familiar with the Supreme Court’s decision in the Baltimore City Department of Social Services v. Bouknight case
Definition
The court reversed the decision of the Maryland court and they acknowledged that producing Maurice or revealing where he was would have testimonial aspects which she was protected from by the 5th amendment but she was not protected from complying with the court order because it was part of a non-criminal regulatory scheme.
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