Chapter 11: Law and Racial and Ethnic Inequality

Test Bank

Multiple Choice

1. Identify which of the following is NOT true about racial profiling.

A. it is the reliance on race as the basis for detaining an individual for investigation or for arrest

B. may occur in a variety of situations

C. it is allowed by the Fourth Amendment

D. includes stop and frisk laws

2. Identify which of the mass incarceration characteristics focuses on prison issues such as the conditions of super max facilities.

A. warehousing

B. drugs

C. zero tolerance

D. scale

3. Identify which of the following cases established the ‘separate but equal’ rule.

A. Rex v. Esop 1836

B. Plessy v. Ferguson 1865

C. United States v. Carlisle 1872

D. United States v. Whren 1996

4. This theme of CRITICAL RACE THEORY speaks of law as a mechanism for maintaining White dominance.

A. legal equality

B. law and subordination

C. intersectionality

D. construction of race

5. An individual working to pay off a debt is enslaved under ______.

A. debt bondage

B. chattel slavery

C. contract slavery

D. religious slavery

6. The National Rifle Association proposed ______.

A. stand your ground laws

B. war on drugs laws

C. stop and frisk laws

D. reasonable suspicion laws

7. Identify which of the following is NOT true about stand your ground laws.

A. do not lower crime

B. lowers crime

C. eliminates the requirement that an individual outside the home is required to exhaust all alternative before resorting to deadly force in self defense

D. authorizes individuals who are lawfully situated to rely on self-defense to prevent death or great bodily harm to himself or herself or another or to prevent forcible felony

8. Identify which modern form of slavery is the closest version of slavery to traditional slavery.

A. religious slavery

B. debt bondage

C. contract slavery

D. chattel slavery

9. Identify which of the mass incarceration characteristics below focuses on the discretion of judges to sentence defendants based on their individual characteristics?

A. drugs

B. selective incarceration

C. zero tolerance

D. scale

10. Identify which of the following cases established that aliens entering the United States are bound by American law.

A. Rex v. Esop 1836

B. Plessy v. Ferguson 1865

C. United States v. Carlisle 1872

D. United States v. Whren 1996

11. This law regulated opium, morphine, and cocaine and their derivatives.

A. Support our Law Enforcement and Safe Neighborhood Act

B. Bill 1070

C. Fair Sentencing Act

D. Harrison Act

12. The Anti-Drug Abuse Act accomplished which of the following?

A. established separate but equal rule

B. established that aliens entering in the United States are bound by American law

C. established the disproportionate sentences between crack and powder cocaine

D. held Bill 1070 unconstitutional

13. This theme of CRITICAL RACE THEORY posits that race is not something biological.

A. perspective

B. law and subordination

C. racism

D. construction of race

14. Child soldiers are examples of ______.

A. religious slavery

B. debt bondage

C. war slavery

D. chattel slavery

15. Families giving other members to individuals in order to atone for their sins constitutes which form of modern slavery?

A. debt bondage

B. religious slavery

C. chattel slavery

D. war slavery

16. Identify which of the following is NOT part of the true cultural defense.

A. The person is a member of an ethnic or religious or other distinct group.

B. The behavior is required by the group’s cultural tradition.

C. Individuals are aware and a reasonable person would be aware that the act violated U.S. domestic criminal law.

D. The interest in respecting and recognizing the individual’s cultural tradition is outweighed by the social interest in preventing the criminal behavior.

17. Identify which of the mass incarceration characteristics focuses on the trend that is going to result in one in 15 Americans born in 2001 serving time in prison.

A. scale

B. selective incarceration

C. drugs

D. warehousing

18. Identify which of the following is true about the relationship between crack and powder cocaine.

A. Sentences for crack and powder cocaine are not identical yet but are more so than in the past.

B. Sentences for crack are 100 times higher than for the same amount of powder cocaine.

C. Sentences are identical.

D. Sentences are multivariate.

19. Identify which of the mass incarceration characteristics focuses on the increase in prison population by the narcotics arrests.

A. warehousing

B. drugs

C. zero tolerance

D. selective incarceration

20. This theme of CRITICAL RACE THEORY speaks of disadvantages of minorities all combined together (race, class, and gender).

A. intersectionality

B. racism

C. construction of race

D. perspective

21. Identify which of the following is NOT part of the true cultural defense.

A. The person is a member of an ethnic or religious or other distinct groups.

B. The behavior was required by the group’s cultural tradition.

C. They were unaware that a reasonable person would be aware that the act violated U.S. domestic criminal law.

D. Social interest in preventing the criminal behavior is outweighed by the interest in respecting and recognizing the individual’s cultural tradition.

22. Identify which of the mass incarceration characteristics focuses on the fact that minorities are incarcerated in higher numbers than Whites.

A. scale

B. drugs

C. selective incarceration

D. zero tolerance

23. Critical Race Theory uses stories to educate readers on the challenges confronting African Americans and other minorities. Identify which of the following themes of CRITICAL RACE THEORY claims this.

A. racism

B. perspective

C. construction of race

D. property

24. Identify which of the following established the disproportionate sentences between crack and powder cocaine.

A. Harrison Act of 1914

B. Anti-Drug Abuse Act of 1986

C. Violent Crime Control and Law Enforcement Act of 1994

D. Fair Sentencing Act of 2010

25. What was the main accomplishment of the Plessy v. Ferguson case?

A. established the ‘separate but equal’ rule

B. established that aliens entering the United States are bound by American law

C. established the disproportionate sentences between crack and powder cocaine

D. held Bill 1070 unconstitutional

26. The case of Arizona v. United States contended that Bill 1070 was unconstitutional because it ______.

A. discriminated against race

B. discriminated against ethnicity

C. interfered with federal jurisdiction over immigration

D. had the potential to disproportionately target certain groups of the population

27. An individual would be guilty of a hate crime in ALL BUT ONE of the following.

A. injuring someone because of their race

B. injuring someone because of their religion

C. restricting someone’s freedom because of their disability

D. restricting reproductive rights to a group member based on religion

28. This theme of CRITICAL RACE THEORY views inequality as an essential feature of American society.

A. perspective

B. law and subordination

C. construction of race

D. racism

29. This theme of CRITICAL RACE THEORY speaks about White racial identity as a property right and White privilege.

A. racism

B. property

C. construction of race

D. perspective

30. This theme of CRITICAL RACE THEORY speaks of the factors that keep African Americans and other minorities in a subordinate status.

A. construction of race

B. intersectionality

C. law in context

D. essentiality

31. What was the main accomplishment of the United States v. Carlisle case?

A. it held Bill 1070 unconstitutional

B. established that aliens entering the US are bound by American law

C. established separate but equal rule

D. established the disproportionate sentences between crack and powder cocaine

32. This theme of CRITICAL RACE THEORY speaks of how existing legal approaches often fail to offer full legal protection to minorities.

A. law and subordination

B. law in context

C. alternative legal analysis

D. essentiality

33. This theme of CRITICAL RACE THEORY speaks of minorities suffering discrimination beyond what is directed at women and the poor.

A. perspective

B. racism

C. intersectionality

D. essentiality

34. This theme of CRITICAL RACE THEORY considers the law a tool to maintain White dominance.

A. intersectionality

B. legal equality

C. racism

D. construction of race

35. This theme of CRITICAL RACE THEORY speaks of law as a mechanism for maintaining White dominance.

A. racism

B. intersectionality

C. law as subordination

D. perspective

1. Plessy v. Ferguson held that separate but equal education institutions are constitutional.

2. Mandatory minimum sentences are identified as one of the causes of mass incarceration.

3. There is substantial evidence that Stand Your Ground laws decrease crime.

4. Sentences for crack and powder cocaine are identical.

5. The United States has 5% of the world population and 25% of the prison population.

6. Cultural Defense is allowed in the United States.

7. The 6th Amendment to the U.S. Constitution prohibits unreasonable searches and seizures.

8. Stand your ground law has significantly lowered crime rates.

9. Pretext arrests are an example of discriminatory justice.

10. Racial profiling is defined as the reliance on race as the basis for detaining an individual for investigation or for arrest.

11. The Fair Sentencing Act reform divided the sentence divide between crack and powder cocaine to a ratio of 18-to-1.

12. Sentences for crack used to be 100 times longer than for powder cocaine.

13. The Plessy Act was the first federal criminal law punishing the nonmedical use of drugs.

14. The Civil Rights Act authorized federal prosecution of any person who willingly injures, intimidates, or interferes with another person or attempts to do so by force because of other person’s race, color, religion, or national origin.

15. In the case of United States v. Whren 1996, it was ruled that aliens who enter the United States are bound by American law.

1. The Support Our Law Enforcement and Safe Neighborhood Act was a complicated and lengthy law. Take one characteristic: Reasonable suspicion, and summarize the main aspects.

2. The “true cultural defense” would authorize a defendant to raise culture as a complete defense to a criminal charge. This potentially would result in Moua’s acquittal. The culture defense would include a four-step process. Summarize the four steps.

1. An individual is a member of an ethnic or religious or other distinct group.

2. The individual’s behavior was required by the group’s cultural tradition.

3. The individual was aware and a reasonable person would be aware that the individual’s act violated U.S. domestic criminal law.

4. The social interest in preventing the criminal behavior is outweighed by the interest in respecting and recognizing the individual’s cultural tradition. For example, the interest in punishing marijuana possession may be outweighed by a religious group’s use of marijuana in a religious ritual. On the other hand, preventing murder outweighs the interest in recognizing an individual’s cultural claim.

Cognitive Domain: Analysis

Answer Location: Law and Diversity: The Cultural Defense

Difficulty Level: Hard

3. A number of arguments are made in support of recognition of the cultural defense. Select two of these and summarize them.

4. There are several objections to the cultural defense. Outline four of them.

5. Several factors have combined to create a low-skill, impoverished, youthful population that is desperate for economic security. Four are detailed in the text. Briefly, a sentence or so each; summarize them.