1. After conviction, defendants become “offenders” and lose the constitutional protections they received as defendants.
a.
True
b.
False
ANSWER:
False
POINTS:
1
REFERENCES:
Sentencing
QUESTION TYPE:
True / False
HAS VARIABLES:
False
LEARNING OBJECTIVES:
CRPR.SAMA.18.14.01 – Understand and appreciate how the rights of a defendant differ from
those of a convicted offender.
KEYWORDS:
BLOOM’S: Remember
DATE CREATED:
1/5/2017 11:48 PM
DATE MODIFIED:
1/6/2017 2:07 AM
2. Throughout history, fixed sentences have totally dominated criminal sentencing.
a.
True
b.
False
ANSWER:
False
POINTS:
1
REFERENCES:
Sentencing
QUESTION TYPE:
True / False
HAS VARIABLES:
False
LEARNING OBJECTIVES:
CRPR.SAMA.18.14.02 – Understand how the need for both certainty and flexibility can
affect how much discretion judges are given when it comes to sentencing. Know the role of
sentencing guidelines and how departures from them depend on a crime’s seriousness and an
offender’s criminal history. Understand mandatory minimum sentencing laws and how they
impact a judge’s sentence.
KEYWORDS:
BLOOM’S: Remember
DATE CREATED:
1/5/2017 11:52 PM
DATE MODIFIED:
1/6/2017 2:07 AM
3. Supporters of fixed sentencing believe the punishment should fit the crime.
a.
True
b.
False
ANSWER:
True
POINTS:
1
REFERENCES:
Sentencing
QUESTION TYPE:
True / False
HAS VARIABLES:
False
LEARNING OBJECTIVES:
CRPR.SAMA.18.14.02 – Understand how the need for both certainty and flexibility can
affect how much discretion judges are given when it comes to sentencing. Know the role of
sentencing guidelines and how departures from them depend on a crime’s seriousness and an
offender’s criminal history. Understand mandatory minimum sentencing laws and how they
impact a judge’s sentence.
KEYWORDS:
BLOOM’S: Remember
DATE CREATED:
1/5/2017 11:53 PM
DATE MODIFIED:
1/6/2017 2:07 AM
4. Fixed sentencing has two primary forms: sentencing guidelines and discretion.
a.
True
b.
False
ANSWER:
False
POINTS:
1
REFERENCES:
Sentencing
QUESTION TYPE:
True / False
HAS VARIABLES:
False
LEARNING OBJECTIVES:
CRPR.SAMA.18.14.02 – Understand how the need for both certainty and flexibility can
affect how much discretion judges are given when it comes to sentencing. Know the role of
sentencing guidelines and how departures from them depend on a crime’s seriousness and an
offender’s criminal history. Understand mandatory minimum sentencing laws and how they
impact a judge’s sentence.
KEYWORDS:
BLOOM’S: Remember
DATE CREATED:
1/5/2017 11:55 PM
DATE MODIFIED:
1/6/2017 2:07 AM
5. Indeterminate sentencing requires a judge to impose a nondiscretionary minimum period of incarceration that everyone
convicted of that crime must serve.
a.
True
b.
False
ANSWER:
False
POINTS:
1
REFERENCES:
Sentencing
QUESTION TYPE:
True / False
HAS VARIABLES:
False
LEARNING OBJECTIVES:
CRPR.SAMA.18.14.02 – Understand how the need for both certainty and flexibility can
affect how much discretion judges are given when it comes to sentencing. Know the role of
sentencing guidelines and how departures from them depend on a crime’s seriousness and an
offender’s criminal history. Understand mandatory minimum sentencing laws and how they
impact a judge’s sentence.
DATE CREATED:
1/5/2017 11:56 PM
DATE MODIFIED:
1/6/2017 2:07 AM
6. Research indicates that mandatory minimum sentences actually introduce disparity in sentencing.
a.
True
b.
False
ANSWER:
True
POINTS:
1
REFERENCES:
Sentencing
QUESTION TYPE:
True / False
HAS VARIABLES:
False
LEARNING OBJECTIVES:
CRPR.SAMA.18.14.02 – Understand how the need for both certainty and flexibility can
affect how much discretion judges are given when it comes to sentencing. Know the role of
sentencing guidelines and how departures from them depend on a crime’s seriousness and an
offender’s criminal history. Understand mandatory minimum sentencing laws and how they
impact a judge’s sentence.
KEYWORDS:
BLOOM’S: Remember
DATE CREATED:
1/5/2017 11:58 PM
DATE MODIFIED:
1/6/2017 2:07 AM
7. Mandatory minimum sentences shift discretion from judges to prosecutors.
a.
True
b.
False
ANSWER:
True
POINTS:
1
REFERENCES:
Sentencing
QUESTION TYPE:
True / False
HAS VARIABLES:
False
LEARNING OBJECTIVES:
CRPR.SAMA.18.14.02 – Understand how the need for both certainty and flexibility can
affect how much discretion judges are given when it comes to sentencing. Know the role of
sentencing guidelines and how departures from them depend on a crime’s seriousness and an
offender’s criminal history. Understand mandatory minimum sentencing laws and how they
impact a judge’s sentence.
KEYWORDS:
BLOOM’S: Remember
DATE CREATED:
1/5/2017 11:59 PM
DATE MODIFIED:
1/6/2017 2:07 AM
8. Every state jurisdiction has created a statutory right to appeal.
a.
True
b.
False
ANSWER:
True
POINTS:
1
REFERENCES:
Appeals and Habeas Corpus
QUESTION TYPE:
True / False
HAS VARIABLES:
False
LEARNING OBJECTIVES:
CRPR.SAMA.18.14.05 – Know that there’s no constitutional right to appeal, but every
jurisdiction has created a statutory right to appeal. Understand why habeas corpus is a
“collateral attack” and how civil trials are used to determine whether convicts have been
unlawfully detained.
KEYWORDS:
BLOOM’S: Remember
DATE CREATED:
1/6/2017 12:01 AM
DATE MODIFIED:
1/6/2017 2:07 AM
9. SCOTUS justices are divided on whether the proportionality principle applies to sentences of imprisonment.
a.
True
b.
False
ANSWER:
False
POINTS:
1
REFERENCES:
Sentencing
QUESTION TYPE:
True / False
HAS VARIABLES:
False
LEARNING OBJECTIVES:
CRPR.SAMA.18.14.03 – Understand the proportionality principle, and know how it defines
cruel and unusual punishment under the Eighth Amendment.
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Page 4
KEYWORDS:
BLOOM’S: Remember
DATE CREATED:
1/6/2017 12:02 AM
DATE MODIFIED:
1/6/2017 2:07 AM
10. In Lockyer v. Andrade (2003), SCOTUS ruled that it was a violation of the Eighth Amendment’s cruel and unusual
punishment clause to sentence Andrade to 25 years to life imprisonment for petty theft under the state’s three-strikes law.
a.
True
b.
False
ANSWER:
False
POINTS:
1
REFERENCES:
Sentencing
QUESTION TYPE:
True / False
HAS VARIABLES:
False
LEARNING OBJECTIVES:
CRPR.SAMA.18.14.03 – Understand the proportionality principle, and know how it defines
cruel and unusual punishment under the Eighth Amendment.
KEYWORDS:
BLOOM’S: Remember
DATE CREATED:
1/6/2017 12:04 AM
DATE MODIFIED:
1/6/2017 2:07 AM
11. The proportionality principle deems sentences cruel and unusual if they’re “grossly disproportionate” to the “gravity
of the offense.”
a.
True
b.
False
ANSWER:
True
POINTS:
1
REFERENCES:
Sentencing
QUESTION TYPE:
True / False
HAS VARIABLES:
False
LEARNING OBJECTIVES:
CRPR.SAMA.18.14.03 – Understand the proportionality principle, and know how it defines
cruel and unusual punishment under the Eighth Amendment.
KEYWORDS:
BLOOM’S: Remember
DATE CREATED:
1/6/2017 12:07 AM
DATE MODIFIED:
1/6/2017 2:07 AM
12. The Constitution places few limits on judicial sentencing.
a.
True
b.
False
ANSWER:
True
POINTS:
1
REFERENCES:
Sentencing
QUESTION TYPE:
True / False
HAS VARIABLES:
False
LEARNING OBJECTIVES:
CRPR.SAMA.18.14.04 – Understand the Apprendi bright-line rule and its impact on
sentences that are harsher than the relevant guideline.
KEYWORDS:
BLOOM’S: Remember
DATE CREATED:
1/6/2017 12:09 AM
Copyright Cengage Learning. Powered by Cognero.
Page 5
DATE MODIFIED:
1/6/2017 2:07 AM
13. According to the Apprendi bright-line rule, any departure from sentencing guidelines that increases the penalty for a
crime must be submitted to a jury.
a.
True
b.
False
ANSWER:
False
POINTS:
1
REFERENCES:
Sentencing
QUESTION TYPE:
True / False
HAS VARIABLES:
False
LEARNING OBJECTIVES:
CRPR.SAMA.18.14.04 – Understand the Apprendi bright-line rule and its impact on
sentences that are harsher than the relevant guideline.
KEYWORDS:
BLOOM’S: Remember
DATE CREATED:
1/6/2017 12:11 AM
DATE MODIFIED:
1/6/2017 2:07 AM
14. A conviction becomes final when it’s affirmed on appeal to the highest court of the land or when the highest court
declines to review it.
a.
True
b.
False
ANSWER:
True
POINTS:
1
REFERENCES:
Appeals and Habeas Corpus
QUESTION TYPE:
True / False
HAS VARIABLES:
False
LEARNING OBJECTIVES:
CRPR.SAMA.18.14.05 – Know that there’s no constitutional right to appeal, but every
jurisdiction has created a statutory right to appeal. Understand why habeas corpus is a
“collateral attack” and how civil trials are used to determine whether convicts have been
unlawfully detained.
KEYWORDS:
BLOOM’S: Remember
DATE CREATED:
1/6/2017 12:12 AM
DATE MODIFIED:
1/6/2017 2:07 AM
15. A SCOTUS discretionary order to review a lower court decision is called a writ of review or a writ of certiorari.
a.
True
b.
False
ANSWER:
True
POINTS:
1
REFERENCES:
Appeals and Habeas Corpus
QUESTION TYPE:
True / False
HAS VARIABLES:
False
LEARNING OBJECTIVES:
CRPR.SAMA.18.14.05 – Know that there’s no constitutional right to appeal, but every
jurisdiction has created a statutory right to appeal. Understand why habeas corpus is a
“collateral attack” and how civil trials are used to determine whether convicts have been
unlawfully detained.
KEYWORDS:
BLOOM’S: Remember
Copyright Cengage Learning. Powered by Cognero.
Page 6
DATE CREATED:
1/6/2017 12:14 AM
DATE MODIFIED:
1/6/2017 2:07 AM
16. The Antiterrorism and Effective Death Penalty Act (AEDPA) substantially amends what law?
a.
federal habeas corpus law
b.
state appellate law
c.
federal sentencing law
d.
state sentencing law
ANSWER:
d
POINTS:
1
REFERENCES:
Appeals and Habeas Corpus
QUESTION TYPE:
Multiple Choice
HAS VARIABLES:
False
LEARNING OBJECTIVES:
CRPR.SAMA.18.14.05 – Know that there’s no constitutional right to appeal, but every
jurisdiction has created a statutory right to appeal. Understand why habeas corpus is a
“collateral attack” and how civil trials are used to determine whether convicts have been
unlawfully detained.
KEYWORDS:
BLOOM’S: Remember
DATE CREATED:
1/6/2017 12:15 AM
DATE MODIFIED:
1/6/2017 2:07 AM
17. What exception says that if defendants might suffer legal consequences from a criminal conviction, then the case isn’t
moot, even if they have fully served their sentence?
a.
b.
c.
d.
ANSWER:
a
POINTS:
1
REFERENCES:
Appeals and Habeas Corpus
QUESTION TYPE:
Multiple Choice
HAS VARIABLES:
False
LEARNING OBJECTIVES:
CRPR.SAMA.18.14.05 – Know that there’s no constitutional right to appeal, but every
jurisdiction has created a statutory right to appeal. Understand why habeas corpus is a
“collateral attack” and how civil trials are used to determine whether convicts have been
unlawfully detained.
KEYWORDS:
BLOOM’S: Remember
DATE CREATED:
1/6/2017 12:17 AM
DATE MODIFIED:
1/6/2017 2:07 AM
18. What is it called when judges go above or below the range in sentencing guidelines?
a.
departure
b.
exception
c.
condition
d.
tolling
ANSWER:
a
POINTS:
1
Copyright Cengage Learning. Powered by Cognero.
Page 7
REFERENCES:
Sentencing
QUESTION TYPE:
Multiple Choice
HAS VARIABLES:
False
LEARNING OBJECTIVES:
CRPR.SAMA.18.14.02 – Understand how the need for both certainty and flexibility can
affect how much discretion judges are given when it comes to sentencing. Know the role of
sentencing guidelines and how departures from them depend on a crime’s seriousness and an
offender’s criminal history. Understand mandatory minimum sentencing laws and how they
impact a judge’s sentence.
KEYWORDS:
BLOOM’S: Remember
DATE CREATED:
1/6/2017 12:19 AM
DATE MODIFIED:
1/6/2017 2:07 AM
19. What approach by SCOTUS leaves sentencing decisions to trial judges’ discretionary judgement?
a.
the hands-off approach to sentencing procedures
b.
the guidelines approach to sentencing procedures
c.
the determinate approach to sentencing procedures
d.
the fixed approach to sentencing procedures
ANSWER:
a
POINTS:
1
REFERENCES:
Sentencing
QUESTION TYPE:
Multiple Choice
HAS VARIABLES:
False
LEARNING OBJECTIVES:
CRPR.SAMA.18.14.04 – Understand the Apprendi bright-line rule and its impact on
sentences that are harsher than the relevant guideline.
KEYWORDS:
BLOOM’S: Remember
DATE CREATED:
1/6/2017 12:21 AM
DATE MODIFIED:
1/6/2017 2:07 AM
20. What type of sentencing prevailed in the United States from the 1600s to the late 1800s?
a.
indeterminate sentencing
b.
mandatory minimum sentencing
c.
fixed sentencing
d.
sentencing guidelines
ANSWER:
c
POINTS:
1
REFERENCES:
Sentencing
QUESTION TYPE:
Multiple Choice
HAS VARIABLES:
False
LEARNING OBJECTIVES:
CRPR.SAMA.18.14.02 – Understand how the need for both certainty and flexibility can
affect how much discretion judges are given when it comes to sentencing. Know the role of
sentencing guidelines and how departures from them depend on a crime’s seriousness and an
offender’s criminal history. Understand mandatory minimum sentencing laws and how they
impact a judge’s sentence.
KEYWORDS:
BLOOM’S: Remember
DATE CREATED:
1/6/2017 12:23 AM
DATE MODIFIED:
1/6/2017 2:07 AM
Copyright Cengage Learning. Powered by Cognero.
Page 8
21. What rule says that once a matter is decided it can’t be reopened?
a.
habeas corpus
b.
equitable tolling
c.
Apprendi bright line
d.
res judicata
ANSWER:
d
POINTS:
1
REFERENCES:
Appeals and Habeas Corpus
QUESTION TYPE:
Multiple Choice
HAS VARIABLES:
False
LEARNING OBJECTIVES:
CRPR.SAMA.18.14.05 – Know that there’s no constitutional right to appeal, but every
jurisdiction has created a statutory right to appeal. Understand why habeas corpus is a
“collateral attack” and how civil trials are used to determine whether convicts have been
unlawfully detained.
KEYWORDS:
BLOOM’S: Remember
DATE CREATED:
1/6/2017 12:29 AM
DATE MODIFIED:
1/6/2017 2:07 AM
22. What sentencing scheme gives primary sentencing authority to legislators?
a.
indeterminate sentencing
b.
flexible sentencing
c.
determinate sentencing
d.
judicial sentencing
ANSWER:
c
POINTS:
1
REFERENCES:
Sentencing
QUESTION TYPE:
Multiple Choice
HAS VARIABLES:
False
LEARNING OBJECTIVES:
CRPR.SAMA.18.14.02 – Understand how the need for both certainty and flexibility can
affect how much discretion judges are given when it comes to sentencing. Know the role of
sentencing guidelines and how departures from them depend on a crime’s seriousness and an
offender’s criminal history. Understand mandatory minimum sentencing laws and how they
impact a judge’s sentence.
KEYWORDS:
BLOOM’S: Remember
DATE CREATED:
1/6/2017 12:32 AM
DATE MODIFIED:
1/6/2017 2:07 AM
23. Sentences determined under sentencing guidelines are based primarily on a combination of:
a.
the seriousness of the crime and the offender’s age.
b.
the seriousness of the crime and the harm caused to the victim.
c.
the offender’s criminal history and whether the crime was violent.
d.
the seriousness of the crime and the offender’s criminal history.
ANSWER:
d
POINTS:
1
REFERENCES:
Sentencing
QUESTION TYPE:
Multiple Choice
HAS VARIABLES:
False
LEARNING OBJECTIVES:
CRPR.SAMA.18.14.02 – Understand how the need for both certainty and flexibility can
affect how much discretion judges are given when it comes to sentencing. Know the role of
sentencing guidelines and how departures from them depend on a crime’s seriousness and an
offender’s criminal history. Understand mandatory minimum sentencing laws and how they
impact a judge’s sentence.
KEYWORDS:
BLOOM’S: Remember
DATE CREATED:
1/6/2017 12:35 AM
DATE MODIFIED:
1/6/2017 2:07 AM
24. What type of sentencing involves tailoring punishment to suit the criminal and puts the power to sentence in the hands
of judges and parole boards?
a.
fixed sentencing
b.
determinate sentencing
c.
indeterminate sentencing
d.
presumptive sentencing
ANSWER:
c
POINTS:
1
REFERENCES:
Sentencing
QUESTION TYPE:
Multiple Choice
HAS VARIABLES:
False
LEARNING OBJECTIVES:
CRPR.SAMA.18.14.02 – Understand how the need for both certainty and flexibility can
affect how much discretion judges are given when it comes to sentencing. Know the role of
sentencing guidelines and how departures from them depend on a crime’s seriousness and an
offender’s criminal history. Understand mandatory minimum sentencing laws and how they
impact a judge’s sentence.
KEYWORDS:
BLOOM’S: Remember
DATE CREATED:
1/6/2017 12:45 AM
DATE MODIFIED:
1/6/2017 2:07 AM
25. In the administrative sentencing model, who prescribes the range of allowable prison times for particular crimes?
a.
judges and the legislature
b.
the legislature
c.
judges
d.
only the judge hearing the case
ANSWER:
a
POINTS:
1
REFERENCES:
Sentencing
QUESTION TYPE:
Multiple Choice
HAS VARIABLES:
False
LEARNING OBJECTIVES:
CRPR.SAMA.18.14.02 – Understand how the need for both certainty and flexibility can
affect how much discretion judges are given when it comes to sentencing. Know the role of
sentencing guidelines and how departures from them depend on a crime’s seriousness and an
offender’s criminal history. Understand mandatory minimum sentencing laws and how they
impact a judge’s sentence.
KEYWORDS:
BLOOM’S: Remember
DATE CREATED:
1/6/2017 12:47 AM
DATE MODIFIED:
1/6/2017 2:16 PM
Copyright Cengage Learning. Powered by Cognero.
Page 10
26. What principle states that a punishment is cruel and unusual if its harshness is grossly disproportionate to the gravity
of the offense?
a.
the departure principle
b.
the proportionality principle
c.
the res judicata principle
d.
the sentencing guidelines principle
ANSWER:
b
POINTS:
1
REFERENCES:
Sentencing
QUESTION TYPE:
Multiple Choice
HAS VARIABLES:
False
LEARNING OBJECTIVES:
CRPR.SAMA.18.14.03 – Understand the proportionality principle, and know how it defines
cruel and unusual punishment under the Eighth Amendment.
KEYWORDS:
BLOOM’S: Remember
DATE CREATED:
1/6/2017 12:49 AM
DATE MODIFIED:
1/6/2017 2:07 AM
27. In what case did SCOTUS affirm judges’ power to increase maximum sentences based on prior convictions without
juries finding out that there were prior convictions, or without defendants having confessed to the prior crimes?
a.
Harris v. U.S.
b.
Apprendi v. New Jersey
c.
Blakely v. Washington
d.
U.S. v. Booker
ANSWER:
b
POINTS:
1
REFERENCES:
Sentencing
QUESTION TYPE:
Multiple Choice
HAS VARIABLES:
False
LEARNING OBJECTIVES:
CRPR.SAMA.18.14.04 – Understand the Apprendi bright-line rule and its impact on
sentences that are harsher than the relevant guideline.
KEYWORDS:
BLOOM’S: Remember
DATE CREATED:
1/6/2017 12:50 AM
DATE MODIFIED:
1/6/2017 2:07 AM
28. Which view of habeas corpus holds that the more review a conviction receives the more accurate it will be?
a.
the narrow view
b.
the broad view
c.
the short view
d.
the long view
ANSWER:
b
POINTS:
1
REFERENCES:
Appeals and Habeas Corpus
QUESTION TYPE:
Multiple Choice
HAS VARIABLES:
False
LEARNING OBJECTIVES:
CRPR.SAMA.18.14.05 – Know that there’s no constitutional right to appeal, but every
jurisdiction has created a statutory right to appeal. Understand why habeas corpus is a
Copyright Cengage Learning. Powered by Cognero.
Page 11
“collateral attack” and how civil trials are used to determine whether convicts have been
unlawfully detained.
KEYWORDS:
BLOOM’S: Remember
DATE CREATED:
1/6/2017 12:51 AM
DATE MODIFIED:
1/6/2017 2:07 AM
29. What is necessary for individual defendants to overturn a death sentence based on race?
a.
Defendants have to prove that their case was infected by racial views.
b.
Defendants have to prove that there was not equal representation of race on the jury.
c.
Defendants have to show that racial discrimination has occurred in past cases.
d.
Defendants have to show evidence that the prosecutor was racially biased.
ANSWER:
a
POINTS:
1
REFERENCES:
Sentencing
QUESTION TYPE:
Multiple Choice
HAS VARIABLES:
False
LEARNING OBJECTIVES:
CRPR.SAMA.18.14.04 – Understand the Apprendi bright-line rule and its impact on
sentences that are harsher than the relevant guideline.
KEYWORDS:
BLOOM’S: Remember
DATE CREATED:
1/6/2017 12:52 AM
DATE MODIFIED:
1/6/2017 2:07 AM
30. In what case did SCOTUS strike down a state statute that empowered judges to increase the length of prison time
beyond the “standard range” prescribed by the state’s sentencing guidelines, based on facts that were not found by juries
beyond a reasonable doubt?
a.
U.S. v. Booker
b.
Blakely v. Washington
c.
Rita v. U.S.
d.
Gall v. U.S.
ANSWER:
b
POINTS:
1
REFERENCES:
Sentencing
QUESTION TYPE:
Multiple Choice
HAS VARIABLES:
False
LEARNING OBJECTIVES:
CRPR.SAMA.18.14.04 – Understand the Apprendi bright-line rule and its impact on
sentences that are harsher than the relevant guideline.
KEYWORDS:
BLOOM’S: Remember
DATE CREATED:
1/6/2017 12:54 AM
DATE MODIFIED:
1/6/2017 2:07 AM
31. The Boggs Act (1951) signaled a shift to what type of sentences?
a.
sentences based on sentencing guidelines
b.
indeterminate sentences
c.
mandatory minimum sentences
d.
determinate sentences
ANSWER:
c
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Page 12
POINTS:
1
REFERENCES:
Sentencing
QUESTION TYPE:
Multiple Choice
HAS VARIABLES:
False
LEARNING OBJECTIVES:
CRPR.SAMA.18.14.02 – Understand how the need for both certainty and flexibility can
affect how much discretion judges are given when it comes to sentencing. Know the role of
sentencing guidelines and how departures from them depend on a crime’s seriousness and an
offender’s criminal history. Understand mandatory minimum sentencing laws and how they
impact a judge’s sentence.
KEYWORDS:
BLOOM’S: Remember
DATE CREATED:
1/6/2017 12:55 AM
DATE MODIFIED:
1/6/2017 2:07 AM
32. Which court case ruled that the U.S. Sentencing Guidelines are advisory, but that they enjoy the presumption of
reasonableness?
a.
U.S. v. Booker
b.
Rita v. U.S.
c.
Apprendi v. New Jersey
d.
Gall v. U.S.
ANSWER:
a
POINTS:
1
REFERENCES:
Sentencing
QUESTION TYPE:
Multiple Choice
HAS VARIABLES:
False
LEARNING OBJECTIVES:
CRPR.SAMA.18.14.04 – Understand the Apprendi bright-line rule and its impact on
sentences that are harsher than the relevant guideline.
KEYWORDS:
BLOOM’S: Remember
DATE CREATED:
1/6/2017 12:57 AM
DATE MODIFIED:
1/6/2017 2:07 AM
33. According to SCOTUS, the death penalty is not cruel and unusual punishment, if:
a.
it is automatically applied to all murderers.
b.
aggravating circumstances can support it.
c.
there is a review procedure to ensure against discriminatory application.
d.
judges and juries both agree in a particular case that death is appropriate.
ANSWER:
c
POINTS:
1
REFERENCES:
Sentencing
QUESTION TYPE:
Multiple Choice
HAS VARIABLES:
False
LEARNING OBJECTIVES:
CRPR.SAMA.18.14.04 – Understand the Apprendi bright-line rule and its impact on
sentences that are harsher than the relevant guideline.
KEYWORDS:
BLOOM’S: Remember
DATE CREATED:
1/6/2017 12:58 AM
DATE MODIFIED:
1/6/2017 2:07 AM
34. Which of the following would not be considered an aggravating factor in a death penalty case?