Strayer LEG 320 Week 5 Quiz

Strayer LEG 320 Week 5 Quiz

MULTIPLE CHOICE

1. The Sixth Amendment requires that factual findings made for the purpose of enhancing a sentence must be made by a
2. jury
3. judge
4. prosecuting attorney
5. defense attorney
6. 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 present
7. violated the Sixth Amendment’s right of trial by jury
8. violated the Sixth Amendment’s right of trial by judge
9. violated the Sixth Amendment’s right to a speedy trial
10. violated the Eight Amendment’s right to freedom from cruel and unusual punishment
11. 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 with
12. deliberate cruelty
13. deliberate indifference
14. deliberate apathy
15. deliberate malice
16. In Booker,the Court held that under the holdings of Apprendiand Blakeley,the Federal Sentencing Guidelines violated the Sixth Amendment’s right to
17. jury trials in criminal cases
18. speedy trials in criminal cases
19. fair trials in criminal cases
20. an attorney in criminal cases
21. The Federal Sentencing Guidelines are
22. no longer mandatory
23. no longer discretionary
24. no longer applicable
25. no longer fair
26. The name given to the test used to determine whether a sentence constitutes cruel and unusual punishment is
27. balancing
28. scales of justice
29. proportionality
30. moderation
31. In the 1972 case of Furman v. Georgia,death penalty laws in all states were struck down as
32. “arbitrary and capricious” by the U.S. Supreme Court
33. “arbitrary and changeable” by the U.S. Supreme Court
34. “random and capricious” by the U.S. Supreme Court
35. “arbitrary and illogical” by the U.S. Supreme Court
36. In Ingraham v. Wright, the Supreme Court considered the relationship between the cruel and unusual punishment clause and the use of corporal punishment in
37. public schools
38. prisons
39. the work place
40. private schools
41. The U.S. Supreme Court has held that reasonable corporal punishment in public schools
42. violates the Eighth Amendment
43. violates substantive due process
44. is not covered by the cruel and unusual punishments clause
45. violates equal protection
46. In a public school, any excessive, unreasonable corporal punishment which would shock the conscience would be a violation of
47. substantive due process
48. procedural due process
49. the cruel and unusual punishment clause
50. equal protection
51. The absence of fair procedures before corporal punishment is utilized on a public school student would be a violation of
52. substantive due process
53. procedural due process
54. the cruel and unusual punishment clause
55. equal protection
56. Which of the following types of defendants can be given the death penalty?
57. mentally retarded defendants
58. juvenile defendants
59. female defendants
60. insane defendants
61. In the 1972 case of _____ v. Georgia, the U.S. Supreme Court struck down all state death penalty laws as “arbitrary and capricious.”
62. Thomas
63. Cosgrove
64. Furman
65. Ellison
66. Generally, before the death penalty may be imposed, a judge or jury must find at least one of what kind of circumstance?
67. mitigating
68. balancing
69. concurrent
70. aggravating
71. 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?
72. aggravating circumstances
73. mitigating circumstances
74. infuriating circumstances
75. frustrating circumstances
76. The Eighth Amendment prohibits the imposition of which kind of fines?
77. excessive
78. proportional
79. mitigating
80. monetary
81. The text of the Eighth Amendment prohibits excessive bail, excessive fines, and
82. cruel and unusual punishment
83. the death penalty
84. life without parole
85. three strikes laws
86. The Sixth Amendment requires that a jury must make factual findings for the purpose of
87. enhancing a sentence
88. putting a guilty defendant to death
89. a downward departure
90. a reduced sentence
91. Fines, like other types of punishment, must be
92. balanced
93. contingent
94. pro-rated
95. proportional
96. 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.
97. mitigation
98. enhancement
99. aggravation
100. proportionality
101. Habitual offender or recidivist statutes that provide for a life sentence after multiple felony convictions are
102. unconstitutional
103. routinely found to be cruel and unusual punishment
104. allowed on the federal level but not on the state level
105. subject to a proportionality test, i.e., the sentence fits the crime
106. Which of the following is NOT characteristic of career-criminal programs?
107. longer sentences
108. encourages plea bargaining
109. speeds up prosecution of the defendant
110. development of special units within law enforcement agencies
111. In the Solem v. Helm case, the Supreme Court held the defendant’s sentence to life without parole for passing a “no account” check was
112. a harsh, but acceptable sentence
113. a violation of procedural due process
114. a violation of the Eighth Amendment
115. an advisable sentence which would serve to deter others
116. What case established the steps for a proportionality review of a non-capital sentence?
117. the Solemcase
118. the Apprendi case
119. the Blakely case
120. the Miranda case
121. In Apprendi,the Court held that any fact that increases the penalty for the crime charged must be submitted to the jury and proved
122. beyond a reasonable doubt
123. beyond a reasonable suspicion
124. beyond a doubt
125. by a preponderance of the evidence
126. The Apprendiopinion caused many changes in
127. sentencing procedures
128. jury procedures
129. misdemeanor trial procedures
130. wording of three strikes laws
131. Blakely v. Washington, 124 S.Ct. 2531 (2004), applied the reasoning of Apprendito
132. state sentencing systems
133. federal sentencing systems
134. city sentencing systems
135. county systems
136. The laws popularly called “three strikes and you’re out”
137. consistently violate the Eighth Amendment
138. have been repealed in all states
139. violate double jeopardy
140. apply only to felony convictions
141. Based upon the Court’s decision in Lockyer v. Andrade, “three-strikes” laws may
142. be unconstitutional in certain situations
143. not be used for nonviolent offenses
144. not be used in federal courts
145. not be used in federal or state courts
146. 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 with
147. mental retardation
148. schizophrenia
149. terminal illness
150. none of these answers are correct

TRUE/FALSE

1. 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.”

True

False

2. Corporal punishment in public schools violates the Eighth Amendment.

True

False

3. In 1972, the Supreme Court, in Furman v. Georgia,invalidated all existing state death penalty laws.

True

False

4. The death penalty may not be imposed upon a person determined to be insane.

True

False

5. The Apprendiopinion caused many changes in sentencing procedures and also resulted in many reversals of sentences handed down by trial judges.

True

False

CHAPTER 9

FREE SPEECH, “STREET CRIMES,” AND THE BILL OF RIGHTS

MULTIPLE CHOICE

1. One test for when government can ban speech because of its potential for harm is the
2. clear and present danger test
3. obvious and current harm test
4. contingent and imminent injury test
5. overt and contemporary peril test
6. Which of the following are forms of speech that are NOT protected by the First Amendment?
7. political speech
8. commercial communications
9. fighting words
10. advertising
11. The fighting words exception to First Amendment protection generally requires
12. the use of obscenity
13. face-to-face confrontation
14. a defamatory message
15. vulgar language
16. Symbolic speech such as uniforms, religious garb, black armbands, and hand gestures express messages and ideas and are protected by the
17. First Amendment
18. Second Amendment
19. Third Amendment
20. Fourth Amendment
21. A statute forbidding persons not in custody from making false statements to law enforcement officers, even if not under oath, would
22. not violate the First Amendment
23. violate the First Amendment
24. violate the privilege against self-incrimination
25. violate due process

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