Assignment No. 2 - Chapter 2
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Feb 20, 2024
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Nakhia Alston
CRIMINAL LAW ASSIGNMENT
No. 2
CHAPTER 2
1.
What are ex post facto laws?
-
An ex post facto law is a statute that does three things criminalizes an act that was innocent when it was committed, it increases the punishment for a crime after crime was committed it does not apply to reductions in punishments, and it takes away a defense that was available to a defendant when the crime was committed.
2.
What are the two goals regarding ex post facto laws
?
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Two major goals concerning ex post facto laws are to protect private individuals by ensuring that legislatures give them fair warning about what is criminal and they can rely on it and to prevent legislators from passing arbitrary and vindictive laws.
3.
What Article of the New York State Penal Law relates to hate crimes?
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Article 485
4.
What is the two-prong test regarding void for vagueness doctrine?
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Failure to give warning to individuals as to what the law prohibits and allows arbitrary and discriminatory criminal justice administration.
5.
What was the court’s decision in Robinson v. California
?
-
The court ruled that a 90-day sentence for drug addiction was disproportionate to the crime because addiction is an illness and it’s cruel and unusual punishment to punish persons that are sick.
6.
Name a situation where speech is not protected?
-
Profanity- irreverence toward sacred things, particularly the name of God -
Libel and slander damage reputation expressed in print, writing, pictures or signs.
7.
What must the government show to restrict freedom of speech?
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It must show a compelling state interest that justifies restriction of free speech.
8.
Is the right to privacy explicitly stated in the United States Constitution? Explain your answer.
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The right to privacy is not mentioned in the constitution, but the supreme court has said that several of the amendments create this right.
9.
What was the court’s decision in Griswold v. Connecticut?
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The court struck down a criminal statute that made it a crime for married couples to use contraceptives. 10. What is the void overbreadth doctrine?
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The United States supreme court has decided that vague laws deny individuals of their right to due process – fifth amendment and fourteenth amendment. The constitution prevents punishing a person under a statute that is too.
11. What are the two types of cruel and unusual punishment defined by the United States Constitution?
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Hanging and crucifixion 12. What is the Apprendi Rule as outlined in Apprendi v. New Jersey?
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The United States supreme court stated any fact that increases the penalty for a crime beyond the statutory maximum must be submitted to the jury and proved beyond a reasonable doubt. Therefore, the right to jury trial guarantees that no increase in sentencing can occur without the finding of all relevant facts by the jury not the judge. 13.
What is the standard of proof for race based classifications?
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To pass the strict scrutiny test.
14. What was the court’s decision in State v. Metzger?
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Whether the ordinance is so vague as to be unconstitutional.
15. What was the court’s decision in Lanzetta v. New Jersey?
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The court ruled that the word gang was too vague to give fair warning.
16. What was the court’s decision in Gitlow v. New York?
-
It ruled that a state law restricting free speech was denial of liberty without due process of law under the 14
th
Amendment of the United States constitution.
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