Strayer LEG 320 Week 5 Quiz

Strayer LEG 320 Week 5 Quiz

 LEG 320 Week 5 Quiz. CHAPTER 8 CRIMINAL PUNISHMENTS

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 no longer applicable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

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

True

False

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

True

False

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

True

False

  1. 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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