Constitutional Law and the Criminal Justice System 6th edition by Harr, J. Scott - Test Bank

Constitutional Law and the Criminal Justice System 6th edition by Harr, J. Scott – Test Bank

 

Instant Download – Complete Test Bank With Answers

 

 

Sample Questions Are Posted Below

 

1. In , a federal circuit court ruled in Stevens v. United States that there was no express Constitutional right of an individual to keep and bear arms.
2. a. 1801 1871
3. c. 1921 1971

 

ANSWER:                            d

REFERENCES:                    172

LEARNING OBJECTIVES:  CLCJ.HAHE.14.15 – 4

 

2. A critical question regarding the interpretation of the Second Amendment is the definition of:
3. a. people. a militia.
4. c. arms. well-regulated.

 

ANSWER:                            b

REFERENCES:                    168

LEARNING OBJECTIVES:  CLCJ.HAHE.14.15 – 4

 

3. Overall number of “patriot” groups has risen from 149 in 2008 to in 2012.
4. a. 450 1360
5. c. 1000 1800

 

ANSWER:                            b

REFERENCES:                    169

LEARNING OBJECTIVES:  CLCJ.HAHE.14.20 – 3

 

4. The central controversy of the Second Amendment has been whether:
5. a. the government should be involved in regulating the
6. the militia should consist of professional soldiers or volunteers.
7. c. people have a right to bear arms as individuals rather than only as part of a
8. arms are necessary for the proper functioning of a militia.

 

ANSWER:                            c

REFERENCES:                    170

LEARNING OBJECTIVES:  CLCJ.HAHE.14.13 – 2

 

5. The first notable case involving the Second Amendment was the 1875 decision in:
6. a. Presser v. Illinois. United States v. Miller.
7. c. United States v. Cruikshank. Stevens v. United States.

 

ANSWER:                            c

REFERENCES:                    171

LEARNING OBJECTIVES:  CLCJ.HAHE.14.15 – 4

 

6. Which of the following is not one of the disqualifying criteria under federal gun control laws?
7. a. Fugitive Drug user
8. c. On terrorism watch list Convicted felon

 

ANSWER:                            c

REFERENCES:                    183

LEARNING OBJECTIVES:  CLCJ.HAHE.14.15 – 4

 

7. To date, federal courts have held that the Constitution:
8. a. guarantees the absolute right of any American citizen to keep and bear
9. still does not guarantee an absolute right to keep and bear arms. c. is irrelevant in issues concerning private possession of firearms. d. the federal courts have not addressed the Second Amendment.

 

ANSWER:                            b

REFERENCES:                    173

LEARNING OBJECTIVES:  CLCJ.HAHE.14.43 – 5, 6

 

8. The law banning the manufacturing of 19 different semiautomatic guns with multiple assault-weapon features is the:
9. a. Violent Crime Control and Law Enforcement Act of
10. Brady Act.
11. c. Omnibus Crime Control and Safe Streets
12. Federal Firearms Act.

 

ANSWER:                            a

REFERENCES:                    178

LEARNING OBJECTIVES:  CLCJ.HAHE.14.15 – 4

 

9. Individual rights proponents claim that:
10. a. only military and law enforcement personnel have a right to possess
11. citizens should be permitted to possess only a single, individual weapon, not an entire arsenal.
12. c. the framers of the Constitution intended to preserve individual rights above state
13. during national emergencies, individuals should be allowed to choose whether they want to keep and bear arms to help defend the country.

 

ANSWER:                            c

REFERENCES:                    170

LEARNING OBJECTIVES:  CLCJ.HAHE.14.15 – 4

 

10. 10. In United States v. Lopez (1995), the S. Supreme Court:
11. a. affirmed the constitutionality of the Gun-Free School Zones
12. struck down the Gun-Free School Zones Act as being unrelated to interstate commerce and, therefore, unconstitutional.
13. c. upheld a municipal ordinance banning all handguns, shotguns with barrels less than 18 inches and guns firing more than eight shots in
14. struck down a municipal ordinance banning all handguns, shotguns with barrels less than 18 inches and guns firing more than eight shots in repetition.

 

ANSWER:                            b

REFERENCES:                    176

LEARNING OBJECTIVES:  CLCJ.HAHE.14.31 – 4, 5

 

11. 11. During the colonial period, the militia was considered to be:
12. a. the Continental Army. enlisted Minutemen.
13. c. the entire male populace of a state. the entire national population.

 

ANSWER:                            c

REFERENCES:                    168

LEARNING OBJECTIVES:  CLCJ.HAHE.14.6 – 1

 

12. 12. States’ rights proponents asserted that:
13. a. everyone in the state has a right to keep and bear
14. gun control should not be the business of federal government.
15. c. the Second Amendment was adopted with the primary purpose of preserving the state
16. gun control laws protect and modify Article 8, Section 23 of the Constitution, allowing the president to declare war on other nations.

 

ANSWER:                            c

REFERENCES:                    170

LEARNING OBJECTIVES:  CLCJ.HAHE.14.15 – 4

 

13. 13. During the colonial period and the earliest years of the country, a permanent army was not possible due to:
14. a. lack of citizen
15. a shortage of weapons.
16. c. lack of funding and personnel, and organizational
17. intense pressure from British authorities to cease and desist from such militarization.

 

ANSWER:                            c

REFERENCES:                    168

LEARNING OBJECTIVES:  CLCJ.HAHE.14.6 – 1

 

14. 14. The Supreme Court held that “the Fourteenth Amendment incorporates the Second Amendment right, recognized

in Heller, to keep and bear arms for the purpose of self­defense” in:

1. a. Adams v. Williams Presser v. Illinois
2. c. McDonald v. Chicago U.S. v. Lopez

 

ANSWER:                            c

REFERENCES:                    174

LEARNING OBJECTIVES:  CLCJ.HAHE.15.1 – 6

 

15. 15. In United States v. Emerson (1999), S. District Judge Sam R. Cummings:
16. a. placed a temporary moratorium on the purchase of small-caliber firearms pending results of a study by the

Center to Prevent Handgun Violence.

1. upheld a lower court’s ruling that a convicted felon should not be allowed to possess firearms.
2. c. handed down a landmark decision that permits specially trained and licensed individuals to carry concealed
3. went against all federal court precedent and restored a domestic abuser’s firearms, citing the Second

Amendment as guaranteeing the individual’s right to keep and bear arms.

 

ANSWER:                            d

REFERENCES:                    172

LEARNING OBJECTIVES:  CLCJ.HAHE.14.15 – 4

 

16. 16. The Supreme Court stated that the Second Amendment protects an individual’s right to possess a firearm

unconnected with service in a militia in:

1. a. United States v. Miller District of Columbia v. Heller
2. c. Presser v. Illinois Stevens v. United States

 

ANSWER:                            b

REFERENCES:                    172

LEARNING OBJECTIVES:  CLCJ.HAHE.14.4 – 5

 

17. 17. In the Heller decision, the Supreme Court specifically refrained from voicing an opinion on whether the Second

Amendment applied to:

1. a. illegal immigrants. the states.
2. c. private individuals. certain misdemeanants.

 

ANSWER:                            b

REFERENCES:                    173

LEARNING OBJECTIVES:  CLCJ.HAHE.14.4 – 5

 

18. 18. Gun control opponents claim that gun control:
19. a. will prevent needless deaths and lower
20. removes the role of local legislative bodies to be involved in the process.
21. c. will only put guns in the hands of
22. will force law-abiding citizens to seek alternate means of protection.

 

ANSWER:                            c

REFERENCES:                    189

LEARNING OBJECTIVES:  CLCJ.HAHE.14.15 – 4

 

19. 19. Which of the following gives a person the legal right to use deadly force to defend that place, and any other innocent persons legally inside it, from violent attack or an intrusion that may lead to violent attack?
20. a. The Fourth Amendment The Brady Act
21. c. Castle laws The Second Amendment

 

ANSWER:                            c

REFERENCES:                    176-177

LEARNING OBJECTIVES:  CLCJ.HAHE.14.43 – 5, 6

 

20. 20. The Law Enforcement Officers Safety Act of 2004, which allows off-duty officers and retired officers to carry concealed weapons throughout the country:
21. a. was ruled unconstitutional in S. v. Miller.
22. was strongly supported by the International Association of Chiefs of Police. c. was strongly opposed by the International Association of Chiefs of Police. d. provides for nationwide standards of use-of-force and firearms training.

 

ANSWER:                            c

REFERENCES:                    185

LEARNING OBJECTIVES:  CLCJ.HAHE.14.2 – 8

 

21. 21. Congress’ power “to provide for the calling forth of the Militia to execute the laws of the Union” was granted by:
22. a. United States v. Cruikshank
23. Article I, Section 8 of the Constitution
24. c. The Third Amendment
25. The Omnibus Crime Control and Safe Streets Act

 

ANSWER:                            b

REFERENCES:                    170

LEARNING OBJECTIVES:  CLCJ.HAHE.14.41 – 1, 4

 

22. 22. The purpose of the Brady Act is to:
23. a. limit the number of firearms on American streets at any given
24. prevent prohibited persons from obtaining handguns.
25. c. ensure that those obtaining firearms receive training in proper use and storage of their weapon(s).
26. prevent accidental injury or death by firearms.

 

ANSWER:                            b

REFERENCES:                    183

LEARNING OBJECTIVES:  CLCJ.HAHE.14.11 – 7

 

23. 23. The Brady Act does not prohibit:
24. a. states from enacting longer waiting periods on firearms
25. instant, computerized background checks.
26. c. illegal aliens from purchasing
27. those dishonorably discharged from military service from purchasing firearms.

 

ANSWER:                            a

REFERENCES:                    184

LEARNING OBJECTIVES:  CLCJ.HAHE.14.11 – 7

 

24. 24. If members of the militia were called to service, they were to bring:
25. a. only their own arms. Ammunition was supplied by the b. only their own ammunition. Arms were supplied by the government. c. their own arms and ammunition.
26. nothing-the government supplied both arms and ammunition.

 

ANSWER:                            c

REFERENCES:                    168

LEARNING OBJECTIVES:  CLCJ.HAHE.14.6 – 1

 

25. 25. In 2012, a group accused of killing two people was planning to poison the apple crop of Washington State, attacking a damn and assassinating the President before their arrests. These people were tied to:
26. a. a Muslim terrorist group. Al Quada.
27. c. the Branch Davidians. a Georgia antigovernment militia.

 

ANSWER:                            d

REFERENCES:                    171

LEARNING OBJECTIVES:  CLCJ.HAHE.14.13 – 2

 

26. 26. The Supreme Court held that the right to keep and bear arms is fundamental to our scheme of ordered liberty and that it was clear that the framers of the Fourteenth Amendment deemed such a right as fundamental in:
27. a. McDonald v. Chicago District of Columbia v. Heller
28. c. Presser v. Illinois Stevens v. United States

 

ANSWER:                            a

REFERENCES:                    174

LEARNING OBJECTIVES:  CLCJ.HAHE.15.1 – 6

 

27. 27. United States v. Miller (1939):
28. a. is the case that set the precedent for the dozens of cases the Supreme Court hears every year concerning

the issue of an individual’s right to bear arms.

1. is a relatively insignificant case in the interpretation of Second Amendment rights.
2. c. was the first Supreme Court case that specifically addressed the scope of the Second
3. is the basis upon which Congress passes federal gun control legislation.

 

ANSWER:                            c

REFERENCES:                    172

LEARNING OBJECTIVES:  CLCJ.HAHE.14.31 – 4, 5

 

28. 28. In District of Columbia v. Heller, the Supreme Court noted that the Second Amendment                      ’s text

and history demonstrate that it connotes an individual right to keep and bear arms.

1. a. operative clause prefatory clause
2. c. sunset clause demurrer

 

ANSWER:                            a

REFERENCES:                    173

LEARNING OBJECTIVES:  CLCJ.HAHE.14.4 – 5

 

29. 29. Justice Scalia noted that “the right…is not ..Nothing in our opinion should be taken to cast doubt on longstanding prohibitions on the possession of firearms by felons and the mentally ill, or laws forbidding the carrying of firearms in sensitive places…or laws imposing conditions and qualifications on the commercial sale of arms” in:
30. a. United States v. Miller District of Columbia v. Heller
31. c. Presser v. Illinois Stevens v. United States

 

ANSWER:                            b

REFERENCES:                    174

LEARNING OBJECTIVES:  CLCJ.HAHE.14.4 – 5

 

30. 30. Until recently, courts throughout history:
31. a. have consistently rejected the individual rights view in favor of the states’ rights
32. have consistently rejected the states’ rights view in favor of the individual rights interpretation.
33. c. rendered early decisions that favored the individual rights perspective but, since the 1970s, have

progressively inclined more toward the states’ rights perspective.

1. have continuously vacillated between the individual and states’ rights perspectives, depending on the liberal

or conservative orientation of the Supreme Court.

 

ANSWER:                            a

REFERENCES:                    172

LEARNING OBJECTIVES:  CLCJ.HAHE.14.15 – 4

 

31. 31. The central controversy over the Second Amendment is whether people have a right to bear arms as individuals rather than only as part of a
32. a. True
33. False

 

ANSWER:                            True

REFERENCES:                    168

LEARNING OBJECTIVES:  CLCJ.HAHE.14.13 – 2

 

32. 32. United States v. Miller (1939) was a critical case because the court recognized an individual rather than a state right to bear
33. a. True
34. False

 

ANSWER:                            False

REFERENCES:                    171

LEARNING OBJECTIVES:  CLCJ.HAHE.14.15 – 4

 

33. 33. The Second Amendment was drafted in a time when fear of tyranny from a strong central government was very
34. a. True
35. False

 

ANSWER:                            True

REFERENCES:                    168

LEARNING OBJECTIVES:  CLCJ.HAHE.14.6 – 1

 

34. 34. The number of antigovernment “Patriot” groups has been declining in recent
35. a. True
36. False

 

ANSWER:                            False

REFERENCES:                    169

LEARNING OBJECTIVES:  CLCJ.HAHE.14.20 – 3

 

35. 35. Research has found little evidence that increased in the number of citizens with concealed handgun permits reduce or increase rates of violent
36. a. True
37. False

 

ANSWER:                            True

REFERENCES:                    176

LEARNING OBJECTIVES:  CLCJ.HAHE.14.31 – 4, 5

 

36. 36. The Supreme Court ruling in McDonald v. Chicago prevents state and local governments from passing gun
37. a. True
38. False

 

ANSWER:                            False

REFERENCES:                    174

LEARNING OBJECTIVES:  CLCJ.HAHE.15.1 – 6

 

37. 37. The Heller decision has had a sweeping impact on gun control laws across the United
38. a. True
39. False

 

ANSWER:                            False

REFERENCES:                    173

LEARNING OBJECTIVES:  CLCJ.HAHE.14.4 – 5

 

38. 38. There are no longer any national or state-sanctioned militias in the United
39. a. True
40. False

 

ANSWER:                            False

REFERENCES:                    168

LEARNING OBJECTIVES:  CLCJ.HAHE.14.13 – 2

 

39. 39. A portion of the Omnibus Crime Control and Safe Streets Act of 1967 made possession of a firearm by convicted felons
40. a. True
41. False

 

ANSWER:                            True

REFERENCES:                    182

LEARNING OBJECTIVES:  CLCJ.HAHE.14.31 – 4, 5

 

40. 40. In United States v. Cruikshank (1875), the Supreme Court stated that only Congress was forbidden from infringing on the Second
41. a. True
42. False

 

ANSWER:                            True

REFERENCES:                    171

LEARNING OBJECTIVES:  CLCJ.HAHE.14.15 – 4

 

41. 41. In McDonald, the Supreme Court applied the Second Amendment to the states, recognizing a person’s right “to keep and bear arms for the purpose of                      .”

 

ANSWER:                            Answer: self-defense

REFERENCES:                    174

LEARNING OBJECTIVES:  CLCJ.HAHE.15.1 – 6

 

42. 42. In Presser v. Illinois (1886), the Court refused to the Second Amendment into the

Fourteenth Amendment.

 

ANSWER:           ANSWER: incorporate

REFERENCES:  173

 

43. 43. The Second Amendment of the S. Constitution reads: “A well­regulated                     being necessary to the security of a free state, the right of the people to keep and bear arms shall not be infringed.”

 

ANSWER:                            militia

REFERENCES:                    167

LEARNING OBJECTIVES:  CLCJ.HAHE.14.6 – 1

 

44. 44. rights proponents claim that the Second Amendment was adopted with the primary purpose of preserving the state

 

ANSWER:                            States’

REFERENCES:                    170-171

LEARNING OBJECTIVES:  CLCJ.HAHE.14.15 – 4

 

45. 45. The Law Enforcement Officer’s Safety Act allows “ active and retired law enforcement officers” to

carry concealed weapons anywhere in the U.S.

 

ANSWER:                            qualified

REFERENCES:                    185

LEARNING OBJECTIVES:  CLCJ.HAHE.14.2 – 8

 

46. 46. According to the Brady Center, a gun is times more likely to be used in a completed or attempted suicide, criminal assault or homicide, or unintentional shooting death or injury than to be used in a self-defense

 

ANSWER:                            22, twenty-two

REFERENCES:                    186

LEARNING OBJECTIVES:  CLCJ.HAHE.14.31 – 4, 5

 

47. 47. The purpose of the is to prevent prohibited persons from obtaining

 

ANSWER:                            Brady Act

REFERENCES:                    183

LEARNING OBJECTIVES:  CLCJ.HAHE.14.11 – 7

 

48. 48. Some activist groups argue that an citizenry is the best defense against

 

ANSWER:                            armed

REFERENCES:                    168

LEARNING OBJECTIVES:  CLCJ.HAHE.14.15 – 4

 

49. 49. A is a set ending time for legislation that is not renewed, which is how the assault weapon ban in the Violent Crime Control and Law Enforcement Act of 1994

 

ANSWER:                            sunset clause

REFERENCES:                    185

LEARNING OBJECTIVES:  CLCJ.HAHE.14.4 – 5

 

50. 50. During the colonial period, the was considered to be the entire male populace of a

 

ANSWER:                            militia

REFERENCES:                    168

LEARNING OBJECTIVES:  CLCJ.HAHE.14.6 – 1

 

51. 51. Explain the Second Amendment’s current status, and how that status affects laws relating to gun

 

ANSWER:                            In 2008, the Supreme Court held in District of Columbia v. Heller that the Second

Amendment protects an individual right to possess a firearm unconnected with service in a militia and use it for lawful purposes, such as self-defense within the

home. In writing for the majority, Justice Scalia noted that the opinion should not cast doubt on longstanding prohibitions against possession of firearms by certain persons, or the carrying of guns in certain places, nor placing conditions on the sale of arms. The Second Amendment remained unincorporated until 2010, when McDonald v. Chicago held that the right of an individual to keep and bear arms was among those fundamental rights necessary to our system of ordered liberty and therefore applies to the states through the Fourteenth Amendment.

REFERENCES:                    172-173

LEARNING OBJECTIVES:  CLCJ.HAHE.14.43 – 5, 6

 

52. 52. Discuss the Brady

 

ANSWER:                            The Brady Act is named for Jim Brady, press secretary to former president Ronald Reagan. Brady was shot during a 1981 assassination attempt on Reagan. The purpose of the law is to prevent prohibited persons from obtaining handguns. It took seven years for the Brady Bill to finally become law in 1993. The Act imposed a

five-day waiting period on all handgun purchases and required law enforcement to conduct criminal background checks on all handgun purchasers. In 1998, the five- day waiting period was to be replaced by instant, computerized criminal background check, although some states retained the waiting period.

REFERENCES:                    182-183

LEARNING OBJECTIVES:  CLCJ.HAHE.14.11 – 7

 

53. 53. Discuss the authority and goals of the Law Enforcement Officers Safety Act of 2004. What are some concerns about the legislation?

 

ANSWER:                            The Law Enforcement Officers Safety Act allowing “qualified” active and retired law enforcement officers to carry concealed weapons anywhere in the United States has three goals: (1) to establish equality between local LEOs and their federal counterparts who already carry nationwide, (2) to create an unpaid homeland security force to help protect the nation, and (3) to allow qualified current and retired LEOs the means to defend themselves and families against criminals. The IACP strongly opposed the legislation due to concerns about officer and citizen safety, use- of-force and firearm training standards, officer identification and eligibility issues, supervision of retired police, liability, and a “fundamental belief that states and localities should determine who is eligible to carry firearms in their communities.”

REFERENCES:                    185-186

LEARNING OBJECTIVES:  CLCJ.HAHE.14.2 – 8

 

54. 54. Discuss the two opposing interpretations of the Second Amendment that have clashed over the years. In light of current rulings, has either side won?

 

ANSWER:                            Proponents of individual rights (the first perspective) say the Second Amendment should be interpreted to guarantee the right of all citizens to bear arms, whether they are part of a militia or not). States’ rights (the second perspective) proponents claim the Second Amendment was adopted with the primary purpose of preserving the state militia; thus, where there is no militia, there is no right to bear arms. Current rulings seem to have turned the tide away from states’ rights toward individual rights,

but state rights to regulate who can purchase firearms, where they can be sold, where they can be carried, who can carry them concealed, etc. appear not to be in

jeopardy in light of current rulings.

REFERENCES:                    170-171

LEARNING OBJECTIVES:  CLCJ.HAHE.14.15 – 4

 

55. 55. The Second Amendment stands for the proposition that a well-regulated militia is necessary to the security of a free
56. a. True
57. False

 

ANSWER:           True

REFERENCES:  167

 

56. 56. Discuss the historical background of the Second

 

ANSWER:                            Various key factors supported gun ownership at the time the Constitution was drafted, including: 1- widespread fear of tyranny from a strong central government;

2- the lack of a permanent army to provide for public defense; 3- the formation of state militias to provide for common defense; and 4- the fact that militia members, if called to service, were required to provide their own arms and ammunition.

REFERENCES:                    168

LEARNING OBJECTIVES:  CLCJ.HAHE.14.6 – 1

 

57. 57. During the Colonial Period, a standing army was not possible due to a lack of funding and a. True
58. False

 

ANSWER:           True

REFERENCES:  p. 168

 

58. 58. It has always been well-established that people have a right to bear arms as individuals rather than only as part of a
59. a. True
60. False

 

ANSWER:           False

REFERENCES:  p. 168

 

59. 59. A standoff between the FBI and the Montana “Freemen” ended with the deaths of 74 members of this Christian patriot
60. a. True
61. False

 

ANSWER:           False

REFERENCES:  169

 

60. 60. The standoff between the Branch Davidian religious group and the FBI came about due to the group’s claim they were a sovereign nation and they refused to abide by laws with which they
61. a. True
62. False

 

ANSWER:           False

REFERENCES:  169

 

61. 61. At Ruby Ridge in Idaho, a standoff between the FBI, the ATF and S. Marshalls ended a. peacefully.
62. in 1992.
63. c. after a ransom was
64. with the establishment of a state militia.

 

ANSWER:           b

REFERENCES:  169

 

62. 62. The legal foundation for the federal government’s regulatory authority over firearms is provided by a. the Supremacy
63. the Fifth Amendment. c. the Commerce Clause. d. the 13th Amendment.

 

ANSWER:           c

REFERENCES:  170

 

63. 63. The individual rights interpretation of the right to bear arms is supported by the a.
64. the Commerce Clause.
65. c. United States v. Miller.
66. the preamble to the Second Amendment.

 

ANSWER:           a

REFERENCES:  170-171

 

64. 64. The Supreme Court held that the right to bear arms for lawful purpose was not granted by the Constitution in a. District of Columbia v.
65. the National Firearms Act. c. Perry v. Remington
66. United States v. Cruikshank

 

ANSWER:           d

REFERENCES:  171

 

65. 65. The Supreme Court ruled that there was no express right of an individual to keep and bear arms in a. United States v. Miller.
66. Stevens v. United States.
67. c. District of Columbia v. Heller. Miranda v. United States.

 

ANSWER:           b

REFERENCES:  172

 

66. 66. The only Supreme Court case to specifically address the Second Amendment’s scope for many years was_____________ in

 

ANSWER:           United States v. Miller

REFERENCES:  172

 

67. 67. The Supreme Court refused to incorporate the Second Amendment into the 14th amendment in the case of

_________________.

 

ANSWER:           Presser v. Illinois

REFERENCES:  173

 

68. 68. Justice William Douglas supported the proposition that stiff laws governing the purchase and possession of pistols can be enacted in the case of

 

ANSWER:  Adams v. Williams.

 

69. 69. In the case of , the Supreme Court allowed for reasonable restrictions on

 

ANSWER:           McDonald v. Chicago

REFERENCES:  174

 

70. 70. A federal district court analyzed gun control ordinance under a text, history, and tradition approach to explain why the law was unconstitutional in the case of .

 

ANSWER:           Gowder v. City of Chicago

REFERENCES:  175

 

71. 71. Gun-control advocates, including the Brady Campaign to Prevent Gun Violence, have criticized the “Stand Your Ground” laws that have been passed in many states. These laws expanded the definition of justifiable self-defense and provide that anyone claiming to feel threatened no longer has an obligation to treat or avoid use of deadly Assume you are defending a woman accused of shooting a young girl who knocked on her front door late at night. Your client had heard about break-ins in the local area over the television news and thought she was about to be robbed. The girl at the door was actually looking for help because her car had become stuck in a snowbank at the foot of your client’s driveway. Based on the facts and any reasonable fact you can add to the scenario, how would you convince a jury that your client should not be convicted of shooting the young girl? Assume you are successful in your argument and it appears that you have convinced a jury your client was in fear. If the fear needs to be a reasonable one, how would the prosecutor counter your argument most effectively?

 

ANSWER:  The student needs to establish that the client felt danger, which should not be too difficult. However, the other side of the argument, reasonableness, might be easy for the prosecutor. Is a reasonable that a simple knock on the front door would place a reasonable person in fear that they were going to face a burglary?

 

72. 72. Your governor is getting ready to sign a new law in your state called the “Constitutional Right to Carry Act” that will eliminate the state’s permit and training requirements for citizens who want to carry guns. This means that a resident of your state who wants to carry a weapon, concealed or otherwise, can do so without a test, a background check,

or gun safety test. Balancing the right to bear arms against the need to control gun violence, present a brief opinion on the advisability of such a law.

 

ANSWER:  This law would effectively eliminate any controls over carrying weapons and, in the view of an advocate of gun rights, would appear to be the optimal situation, no controls at all. However, we should expect the student to consider the impact of no control over background checks on gun use as it might result in possession of guns by people who cannot use them safely or who have convictions for violent crimes.

 

73. 73. You are the superintendent of schools and have become quite concerned about the number of shootings that have occurred nationally at schools. Some of the teachers feel that there should be more lockdown drills with simulated entry of the school by armed attackers to see how well the students and teachers lock doors and otherwise protect students from this threat. Other teachers are asking that the drills be reduced in number because students are starting to feel anxious and threatened. How do you balance these concerns? What types of questions should you ask before making your final decision?

 

ANSWER:  The student should realize that, much as fire drills were the norm in the past, these lockdown drills have become common in the United States in the wake of school shootings. However, there is risk that the drills themselves, given the implicit deadly violence of a rampaging shooter, traumatize the students if

they are too frequent or too realistic. The student, standing in the shoes of the school leader, may want to find out what the professionals at the police department think about the need for the drills, or how other school systems are dealing with the issue. There may be some other ways to raise security without causing undue trauma, such as having a full-time security officer on the campus.

 

74. 74. You have just found out that in your home state it is easy to buy guns from unlicensed sellers at gun shows who collect no tax, conduct no background checks, and do not require the buyers to even show a driver’s license. The state is drafting legislation to require background checks at all gun shows. Assume that you have been tasked to investigate the issue for your school paper before it comes out with an opinion on the proposed law. What facts would you research to help your editor prepare the opinion?

 

ANSWER:  The student should try to determine if the current situation involving unlicensed gun sales has led to any illegal gun sales in the state. The student might also want to interview law enforcement agencies to determine this, or contact the legislator’s office to see what information they are using to justify the law. Additionally, the student should consider whether a law requiring a background check is a significant or minor intrusion on the Second Amendment rights of the gun buyers. The question is fairly open-ended and should result in interesting research avenues.

 

75. 75. You live in a state that allows anyone with a permit to carry a handgun concealed or out in the open. Some students object to the fact that your campus does not permit students to carry firearms into classes or keep them in dormitories. The policy was enacted 10 years ago after a tragic shooting on the campus. There have been no incidents since then. You are the Provost of the school and had just received a written request from a small student organization asking that the current firearms policy be suspended as an unfair infringement on Second Amendment rights. You are reluctant to do so. How would you respond to student request and the college community at large?

 

ANSWER:  This scenario should make the issue of gun safety and gun violence relevant to the student. There is no right answer, but it is important for the student to recognize that any rule change must be palatable to the community at large, especially after its experience with an earlier tragedy on campus.