Question : Match each term related to separation of powers with its definition : 2151712
MATCHING. Choose the item in column 2 that best matches each item in column 1.
Match each term related to separation of powers with its definition.
52) Principle of Legality
53) Principle of Lenity
A) A system of government where power is constitutionally divided between a central governing body and various constituent units.
B) A legal principle requiring that any ambiguity in a statue should benefit the defendant, not the government.
C) A legal principle stating that a defendant cannot be convicted of a crime unless there is specific legislation making it illegal and defining the potential punishment.
D) A system of government that lacks a strong central authority.
Match each legal term with its explanation.
54) Equal Protection Clause
55) Ex Post Facto law prohibition
56) Void for Vagueness Doctrine
57) Void for Overbreadth Doctrine
58) Cruel and Unusual Punishment Provision
59) The Double Jeopardy Prohibition
A) A law enacted to in order to retroactively punish behavior.
B) A constitutional doctrine based on the Fifth and Fourteenth Amendments requiring that the laws be written with sufficient clarity and specificity.
C) A principle found in the Fifth Amendment that prevents an individual from being charged twice for the same crime.
D) A constitutional principle requiring that laws do not infringe on constitutionally protected behavior.
E) A clause in the Fourteenth Amendment requiring that the government justify any differential treatment on the basis of race, gender, age, sexual orientation, or other characteristic with a state interest.
F) The Eighth Amendment prohibits barbaric punishment and disproportionate sentencing.
ESSAY. Write your answer in the space provided or on a separate sheet of paper.
60) Compare and contrast the law of legality and the law of lenity.
61) Describe the Fourteenth Amendment's equal protection clause including how the determination is made whether a statue violates the Equal Protection Clause.
62) Compare and contrast libel, group libel, slander, defamation, and seditious speech.
63) Identify the factors the courts must consider when deciding what length of term is appropriate, in determining whether a long prison term violates the Eighth Amendment. Identify which factors is the most important.
64) Define the Blockburger rule. Identify and explain the four situations in which double jeopardy protection does not apply.
65) The drug trade from Central and South America is causing a dramatic increase in criminal activity in New Mexico. The New Mexico legislature wants to take action. They pass a statute with this language: "Any person found transporting illegal substances, including but not limited to, heroin, cocaine and marijuana, into New Mexico will be punished to the full extent of the law." Is this criminal statute enforceable? Why or why not?
66) 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.