Besides notification of charges against the accused, what is the other procedural element that was required to satisfy the definition of a ‘fair trial' under the Fundamental Fairness Doctrine?
a. Hearing of the facts before sentencing.
b. Presence of effective defense counsel at trial
c. Timely sentencing upon conviction
d. Right to appeal if found guilty
a
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There are six constitutional limits on the criminal law. Which limit most often applies to obscenity laws and those dealing with loitering and vagrancy statues? Identify and define the constitutional limit and explain why it best applies
Answer: The void for vagueness doctrine is a constitutional doctrine based on the Fifth and Fourteenth Amendments to the U.S. Constitution requiring that laws be written with sufficient clarity and specificity. Void for vagueness cases have historically fallen into two categories—those dealing with obscenity laws and those dealing with loitering and vagrancy statues. Several cases, including Winters v. New York and State v. Metzger address void for vagueness specific to obscenity laws. In both cases the courts declared the laws were too vague. Several cases have also dealt with the meaning of loitering and vagrancy statues. Students can cite examples such as Kolender v. Lawson andPapachristou v. City of Jacksonville. a. Result Crimes. b. Conduct Crimes. c. Harmful Crimes. d. Tort.
The decision in Oregon Waste Systems v. Department of Environmental Quality of the State of Oregon (1994 case involving fees imposed on landfill activities) is a good example of the principle that ______.
A. states may not place a tax on interstate commerce B. states may not impose a tax that discriminates against interstate commerce C. a state may tax interstate commerce at higher rates than it taxes intrastate commerce if the goal is environmental protection D. under a state’s police powers it may tax the importation of hazardous materials from another state even if that tax is so high that such importation is no longer economically viable
According to Cloward and Ohlin, within the retreatist subculture the main activity is crimes of extortion, fraud, and theft
Indicate whether the statement is true or false.
In McClesky v Kemp the Supreme Court held that the Baldus study showed that race was _____ the imposition of the death penalty
a. attributable to b. correlated with c. a factor in d. not a factor in