Strayer LEG320 Week 5 Quiz

CHAPTER 8CRIMINAL PUNISHMENTSMULTIPLE CHOICE1. The Sixth Amendment requires that factual findings made for the purpose of enhancing a sentence must be made by aa. juryb. judgec. prosecuting attorneyd. defense attorney2. In Ring v. Arizona,536 U.S. 584 (2002), the Court held that a state capital sentencing procedure that permitted the sentencing judge to make the factual determination of the aggravating and mitigating circumstances presenta. violated the Sixth Amendment’s right of trial by juryb. violated the Sixth Amendment’s right of trial by judgec. violated the Sixth Amendment’s right to a speedy triald. violated the Eight Amendment’s right to freedom from cruel and unusual punishment3. In Blakely v. Washington, the Supreme Court held the sentence was invalid under the Sixth Amendment, because the defendant was entitled to a jury trial on the facts supporting the finding that he acted witha. deliberate crueltyb. deliberate indifferencec. deliberate apathyd. deliberate malice4. In Booker,the Court held that under the holdings of Apprendiand Blakeley,the Federal Sentencing Guidelines violated the Sixth Amendment’s right toa. jury trials in criminal casesb. speedy trials in criminal casesc. fair trials in criminal casesd. an attorney in criminal cases5. The Federal Sentencing Guidelines area. no longer mandatoryb. no longer discretionaryc. no longer applicabled. no longer fair6. The name given to the test used to determine whether a sentence constitutes cruel and unusual punishment isa. balancingb. scales of justicec. proportionalityd. moderation7. In the 1972 case of Furman v. Georgia,death penalty laws in all states were struck down asa. “arbitrary and capricious” by the U.S. Supreme Courtb. “arbitrary and changeable” by the U.S. Supreme Courtc. “random and capricious” by the U.S. Supreme Courtd. “arbitrary and illogical” by the U.S. Supreme Court8. In Ingraham v. Wright, the Supreme Court considered the relationship between the cruel and unusual punishment clause and the use of corporal punishment ina. public schoolsb. prisonsc. the work placed. private schools9. The U.S. Supreme Court has held that reasonable corporal punishment in public schoolsa. violates the Eighth Amendmentb. violates substantive due processc. is not covered by the cruel and unusual punishments claused. violates equal protection10. In a public school, any excessive, unreasonable corporal punishment which would shock the conscience would be a violation ofa. substantive due processb. procedural due processc. the cruel and unusual punishment claused. equal protection11. The absence of fair procedures before corporal punishment is utilized on a public school student would be a violation ofa. substantive due processb. procedural due processc. the cruel and unusual punishment clause    d. equal protection12. Which of the following types of defendants can be given the death penalty?a. mentally retarded defendantsb. juvenile defendantsc. female defendantsd. insane defendants13. In the 1972 case of _____ v. Georgia, the U.S. Supreme Court struck down all state death penalty laws as “arbitrary and capricious.”a. Thomasb. Cosgrovec. Furmand. Ellison14. Generally, before the death penalty may be imposed, a judge or jury must find at least one of what kind of circumstance?a. mitigatingb. balancingc. concurrentd. aggravating15. What kinds of evidence must be produced if the prosecution seeks imposition of the death penalty after a jury has found the defendant guilty of the crime charged?a. aggravating circumstancesb. mitigating circumstancesc. infuriating circumstancesd. frustrating circumstances16. The Eighth Amendment prohibits the imposition of which kind of fines?a. excessiveb. proportionalc. mitigatingd. monetary17. The text of the Eighth Amendment prohibits excessive bail, excessive fines, anda. cruel and unusual punishmentb. the death penaltyc. life without paroled. three strikes laws18. The Sixth Amendment requires that a jury must make factual findings for the purpose ofa. enhancing a sentenceb. putting a guilty defendant to deathc. a downward departured. a reduced sentence19. Fines, like other types of punishment, must bea. balancedb. contingentc. pro-ratedd. proportional20. All states and the federal government have some type of sentence _____ statutes which typically increase the penalty if the crime was deemed a hate crime or the victim was elderly or handicapped.a. mitigationb. enhancementc. aggravationd. proportionality21. Habitual offender or recidivist statutes that provide for a life sentence after multiple felony convictions area. unconstitutionalb. routinely found to be cruel and unusual punishmentc. allowed on the federal level but not on the state leveld. subject to a proportionality test, i.e., the sentence fits the crime22. Which of the following is NOT characteristic of career-criminal programs?a. longer sentencesb. encourages plea bargainingc. speeds up prosecution of the defendantd. development of special units within law enforcement agencies23. In the Solem v. Helm case, the Supreme Court held the defendant’s sentence to life without parole for passing a “no account” check wasa. a harsh, but acceptable sentence    b. a violation of procedural due processc. a violation of the Eighth Amendmentd. an advisable sentence which would serve to deter others24. What case established the steps for a proportionality review of a non-capital sentence?a. the Solem caseb. the Apprendi casec. the Blakely cased. the Miranda case25. In Apprendi,the Court held that any fact that increases the penalty for the crime charged must be submitted to the jury and proveda. beyond a reasonable doubtb. beyond a reasonable suspicionc. beyond a doubtd. by a preponderance of the evidence26. The Apprendi opinion caused many changes ina. sentencing proceduresb. jury proceduresc. misdemeanor trial proceduresd. wording of three strikes laws27. Blakely v. Washington, 124 S.Ct. 2531 (2004), applied the reasoning of Apprenditoa. state sentencing systemsb. federal sentencing systemsc. city sentencing systemsd. county systems
28. The laws popularly called “three strikes and you’re out”a. consistently violate the Eighth Amendmentb. have been repealed in all statesc. violate double jeopardyd. apply only to felony convictions29. Based upon the Court’s decision in Lockyer v. Andrade, “three-strikes” laws maya. be unconstitutional in certain situationsb. not be used for nonviolent offensesc. not be used in federal courtsd. not be used in federal or state courts30. In Atkins v. Virginia,536 U.S. 304 (2002), the Court held that the Cruel and Unusual Punishment Clause of the Eighth Amendment prohibited imposition of the death penalty on defendants witha. mental retardationb. schizophreniac. terminal illnessd. none of these answers are correctTRUE/FALSE1. The Eighth Amendment of the U.S. Constitution, ratified in 1791 as part of the Bill of Rights, provides that “excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.”TrueFalse 2. Corporal punishment in public schools violates the Eighth Amendment.TrueFalse 3. In 1972, the Supreme Court, in Furman v. Georgia,invalidated all existing state death penalty laws.TrueFalse4. The death penalty may not be imposed upon a person determined to be insane.TrueFalse 5. The Apprendi opinion caused many changes in sentencing procedures and also resulted in many reversals of sentences handed down by trial judges.TrueFalse CHAPTER 9FREE SPEECH, “STREET CRIMES,” AND THE BILL OF RIGHTSMULTIPLE CHOICE1. One test for when government can ban speech because of its potential for harm is thea. clear and present danger testb. obvious and current harm testc. contingent and imminent injury testd. overt and contemporary peril test2. Which of the following are forms of speech that are NOT protected by the First Amendment?a. political speechb. commercial communicationsc. fighting wordsd. advertising3. The fighting words exception to First Amendment protection generally requiresa. the use of obscenityb. face-to-face confrontationc. a defamatory messaged. vulgar language4. Symbolic speech such as uniforms, religious garb, black armbands, and hand gestures express messages and ideas and are protected by thea. First Amendmentb. Second Amendmentc. Third Amendmentd. Fourth Amendment5. A statute forbidding persons not in custody from making false statements to law enforcement officers, even if not under oath, woulda. not violate the First Amendmentb. violate the First Amendment    c. violate the privilege against self-incriminationd. violate due process