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Page 13
a.
prior conviction for a misdemeanor
b.
killing to avoid arrest
c.
felony murder
d.
killing during escape from lawful custody
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 12:59 AM
DATE MODIFIED:
1/6/2017 2:07 AM
35. Which of the following is not considered a mitigating circumstance in a death penalty case?
a.
killing to avoid arrest
b.
having no significant prior criminal record
c.
being a minor participant in the murder
d.
being a youth at the time of the murder
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 1:02 AM
DATE MODIFIED:
1/6/2017 2:07 AM
36. Which of the following offenders is most likely to receive the death penalty?
a.
b.
c.
d.
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
Copyright Cengage Learning. Powered by Cognero.
Page 14
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 1:03 AM
DATE MODIFIED:
1/6/2017 2:07 AM
37. According to SCOTUS, with regard to appeals, states:
a.
must allow one appeal as a matter of right in all criminal cases.
b.
must allow one appeal as a matter of right in all felony cases.
c.
must allow one appeal as a matter of right in all criminal cases to which the right to a jury trial attaches.
d.
need not provide any appeal at all.
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 1:05 AM
DATE MODIFIED:
1/6/2017 2:07 AM
38. The writ of certiorari:
a.
requires SCOTUS to hear and decide a case.
b.
is a request to a court to decide on the legality of a prisoner’s incarceration.
c.
is a discretionary writ, which allows SCOTUS to either agree or not agree to hear and decide a case.
d.
mandates a party to turn over evidence to the other party in the case.
ANSWER:
c
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 1:06 AM
DATE MODIFIED:
1/6/2017 2:07 AM
39. All of the following are sentencing models, except:
a.
the administrative sentencing model.
b.
the police sentencing model.
c.
the legislative sentencing model.
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Page 15
d.
the judicial sentencing model.
ANSWER:
b
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 1:08 AM
DATE MODIFIED:
1/6/2017 2:07 AM
40. SCOTUS has increasingly denied petitions for writs of certiorari, thus reducing the number of cases it will review.
Which two doctrines limit the scope of state appellate review?
a.
the raise-or-waive doctrine and the collateral consequences doctrine
b.
the mootness doctrine and the collateral doctrine
c.
the mootness doctrine and the raise-or-waive doctrine
d.
the mootness doctrine and the plain-error rule
ANSWER:
c
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 1:10 AM
DATE MODIFIED:
1/6/2017 2:07 AM
41. According to the raise-or-waive doctrine, a defendant must make objections at trial in order to preserve those issues
for appeal. What doctrine is this?
a.
judicial economy
b.
collateral consequences
c.
habeas corpus
d.
mootness
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
Copyright Cengage Learning. Powered by Cognero.
Page 16
“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 1:16 AM
DATE MODIFIED:
1/6/2017 2:07 AM
42. An appeal from a trial court’s judgment of conviction:
a.
is considered a direct attack.
b.
can be taken multiple times.
c.
can only be taken if the trial court certifies that there are important issues for the higher court to hear.
d.
is the equivalent of habeas corpus.
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 1:18 AM
DATE MODIFIED:
1/6/2017 2:07 AM
43. Lockyer v. Andrade (2003) dealt with which of the following constitutional questions?
a.
proportionality of a death sentence in a child rape and assault case
b.
acceptability of sentencing a convicted felon in absentia
c.
permissibility of a 50-year sentence for shoplifting under a three-strikes law
d.
denial of a duly-filed habeas corpus petition seeking judicial relief
ANSWER:
c
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 1:19 AM
DATE MODIFIED:
1/6/2017 2:07 AM
44. During the Warren Court era, SCOTUS:
a.
took a narrow view of the Habeas Corpus Act of 1867.
b.
took a broad view of the Habeas Corpus Act of 1867.
c.
declared the Habeas Corpus Act of 1867 unconstitutional.
d.
did not decide any cases dealing with the Habeas Corpus Act of 1867.
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
“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 1:21 AM
DATE MODIFIED:
1/6/2017 2:07 AM
45. What doctrine says defendants have to raise their objections at trial, and they give up their right to appeal if they do
not?
a.
the collateral consequences doctrine
b.
the mootness doctrine
c.
the raise-or-waive doctrine
d.
the proportionality doctrine
ANSWER:
c
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 1:22 AM
DATE MODIFIED:
1/6/2017 2:07 AM
46. Which of the following are vested with the sole authority in determinate sentencing schemes?
a.
legislators
b.
judges
c.
police officers
d.
prosecutors
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
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Page 18
DATE CREATED:
1/6/2017 1:24 AM
DATE MODIFIED:
1/6/2017 2:07 AM
47. The writ of habeas corpus:
a.
dates back to the 1867 Habeas Corpus Act.
b.
is not mentioned in the U.S. Constitution.
c.
has a long and distinguished history and protected English citizens from tyrannical English kings.
d.
has not been addressed by SCOTUS in many opinions.
ANSWER:
c
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 1:26 AM
DATE MODIFIED:
1/6/2017 2:07 AM
48. In Booker v. U.S., SCOTUS ruled that the Federal Sentencing Guidelines:
a.
are advisory, but enjoy a presumption of reasonableness.
b.
are advisory, and judges can depart without explanation.
c.
are mandatory for all federal crimes.
d.
are mandatory for certain serious felonies.
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 1:27 AM
DATE MODIFIED:
1/6/2017 2:07 AM
49. A state prisoner who seeks review of his or her case under a writ of habeas corpus in federal court can obtain review
only if the claim:
a.
states that the prisoner is innocent of the crime of which he or she was convicted.
b.
is based on an alleged violation of a federal constitutional or statutory right.
c.
is a search and seizure claim.
d.
is a claim of ineffective assistance of counsel.
ANSWER:
b
POINTS:
1
REFERENCES:
Appeals and Habeas Corpus
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Page 19
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 1:29 AM
DATE MODIFIED:
1/6/2017 2:07 AM
50. A habeas corpus proceeding, which is a separate civil action that does not challenge the guilt of the defendant but
challenges the lawfulness of the defendant’s imprisonment, is referred to as:
a.
a collateral attack.
b.
a writ of error.
c.
an injunction.
d.
a collateral estoppel.
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 1:30 AM
DATE MODIFIED:
1/6/2017 2:07 AM
51. Parole boards and prison administrators determine the exact release date within sentences prescribed by judges and
legislatures in the _______________ _______________ model.
ANSWER:
administrative sentencing
POINTS:
1
REFERENCES:
Sentencing
QUESTION TYPE:
Completion
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 1:32 AM
DATE MODIFIED:
1/6/2017 2:07 AM
52. A habeas corpus proceeding is called a collateral attack, because it _______________ attacks the judgment in a new
and separate noncriminal (civil) lawsuit.
ANSWER:
indirectly
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Page 20
POINTS:
1
REFERENCES:
Appeals and Habeas Corpus
QUESTION TYPE:
Completion
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 1:33 AM
DATE MODIFIED:
1/6/2017 2:07 AM
53. _______________ _______________ relies heavily on the discretion of judges and parole boards in exercising
sentencing authority.
ANSWER:
Indeterminate sentencing
POINTS:
1
REFERENCES:
Sentencing
QUESTION TYPE:
Completion
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 1:35 AM
DATE MODIFIED:
1/6/2017 2:07 AM
54. Judges prescribe sentences within broad formal contours set by legislative acts in the _______________
_______________ model.
ANSWER:
judicial sentencing
POINTS:
1
REFERENCES:
Sentencing
QUESTION TYPE:
Completion
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 1:37 AM
DATE MODIFIED:
1/6/2017 2:07 AM
55. Legislatures prescribe specific penalties that judges and administrative agencies cannot alter in the _______________
_______________ model.
ANSWER:
legislative sentencing
POINTS:
1
Copyright Cengage Learning. Powered by Cognero.
Page 21
REFERENCES:
Sentencing
QUESTION TYPE:
Completion
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 1:39 AM
DATE MODIFIED:
1/6/2017 2:07 AM
56. A type of fixed sentence prescribing a non-discretionary amount of prison time that all offenders convicted of the
offense must serve is a _______________ _______________ sentence.
ANSWER:
mandatory minimum
POINTS:
1
REFERENCES:
Sentencing
QUESTION TYPE:
Completion
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 1:41 AM
DATE MODIFIED:
1/6/2017 2:07 AM
57. The traditional legal doctrine holding that criminal cases could not be appealed if the sentence had been satisfied is
called the _______________ doctrine.
ANSWER:
mootness
POINTS:
1
REFERENCES:
Appeals and Habeas Corpus
QUESTION TYPE:
Completion
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 1:48 AM
DATE MODIFIED:
1/6/2017 2:07 AM
58. Advocates of _______________ sentencing think the punishment should be tailored to the individual circumstances.
ANSWER:
indeterminate
POINTS:
1
REFERENCES:
Sentencing
QUESTION TYPE:
Completion
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 1:50 AM
DATE MODIFIED:
1/6/2017 2:07 AM
59. The _______________ _______________ _______________ _______________ _______________
_______________ of 1996 substantially amends and narrows the federal habeas corpus rights of both state and federal
prisoners.
ANSWER:
Antiterrorism and Effective Death Penalty Act (AEDPA)
POINTS:
1
REFERENCES:
Appeals and Habeas Corpus
QUESTION TYPE:
Completion
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 1:51 AM
DATE MODIFIED:
1/6/2017 2:07 AM
60. Proceedings that attack the trial court’s judgment of conviction as part of the same case are _______________
_______________.
ANSWER:
direct attacks
POINTS:
1
REFERENCES:
Appeals and Habeas Corpus
QUESTION TYPE:
Completion
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 1:52 AM
DATE MODIFIED:
1/6/2017 2:07 AM
61. Compare and contrast sentencing guidelines and mandatory minimum sentences, and identify three aims of each type
of sentence.
ANSWER:
Both sentencing guidelines and mandatory minimum sentences have three aims.
(1) Uniformity is served, which is the notion that similar crimes should receive similar
punishment.
(2) Certainty and truth in sentencing, or the notion that convicted offenders, victims, and the
POINTS:
1
REFERENCES:
Sentencing
QUESTION TYPE:
Essay
HAS VARIABLES:
False
affect how much discretion judges are given when it comes to sentencing. Know the role of
(3) Guidelines and mandatory sentences promote retribution, deterrence, and incapacitation,
where the rehabilitation of individual offenders is no longer the primary aim of punishment.
Mandatory minimum sentences require judges to impose a nondiscretionary minimum
amount of prison time that all offenders convicted of the offense have to serve. Judges can
sentence offenders to more than the minimum, but not less.
With sentencing guidelines, a commission establishes a relatively narrow range of penalties,
and judges are supposed to choose a specific sentence within that range. The guidelines
depend on a combination of the seriousness of the crime and the offender’s criminal history.
Sentences are either presumptively incarceration or presumptively probation. Judges can
depart from the ranges set in the guidelines but have to give written reasons for doing so.
Additionally, certain reasons for departure are no longer allowed.
POINTS:
1
REFERENCES:
Sentencing
QUESTION TYPE:
Essay
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: Understand
DATE CREATED:
1/6/2017 1:55 AM
DATE MODIFIED:
1/6/2017 2:07 AM
62. Summarize the five main empirical findings on the effectiveness of mandatory minimum sentences.
ANSWER:
The U.S. Sentencing Commission has evaluated the effectiveness of mandatory minimum
sentences. Commission studies provide little empirical support for the success of mandatory
sentencing laws. Instead, the Commission’s findings demonstrate five major conclusions.
(1) Only a few of the mandatory minimum sentencing provisions are ever used, and nearly all
of those are related to drug or weapon offenses.
(2) Less than half of defendants whose characteristics and behaviors qualify them for
mandatory minimum sentences actually receive them.
(3) Mandatory minimum sentences actually introduce disparities in sentences.
(4) Other disparities in sentences result from reductions for providing “substantial assistance
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: Understand
DATE CREATED:
1/6/2017 1:58 AM
DATE MODIFIED:
1/6/2017 2:07 AM
63. Summarize the limits on the rights of offenders at sentencing, and explain the reasons for the limits.
ANSWER:
When defendants become convicted offenders, they lose many of the safeguards they had
during the trial. Most of the procedural safeguards written into the Constitution were
originally intended to protect abuses of defendant’s rights during the trial itself. Also, giving
too much attention to defendant’s rights at sentencing would restrict the flexibility judges
need to impose the right sentence—one that would satisfy the objectives of retribution and/or
punishment.
Flexibility in sentencing allows trial judges to use information outside the official record of a
trial. Offenders have no right either to confront or to cross-examine people who have
supplied unfavorable sentencing information about them. Trial judges can also consider the
conduct of defendants during the trial.
Two rights defendants don’t give up at sentencing are the right to counsel and the right to
equal protection of the law. The right to counsel assures that they will have assistance in
arguing for the appropriate sentence. Equal protection assures that offenders are treated
relatively equally. Thus, the court could not sentence offenders who are too poor to pay fines
to prison, while freeing those people able to pay the fine.
POINTS:
1
REFERENCES:
Sentencing
QUESTION TYPE:
Essay
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: Understand
DATE CREATED:
1/6/2017 2:01 AM
DATE MODIFIED:
1/6/2017 2:07 AM
64. Based on the information provided in the text, explain what you believe is important in the case of Apprendi v. New
Jersey.
ANSWER:
In Apprendi v. New Jersey (2000), SCOTUS dropped the hands-off approach and brought the
Constitution into the sentencing proceeding. Charles Apprendi, Jr., was convicted of
possessing a firearm for an unlawful purpose, a felony in New Jersey normally punishable by
5 to 10 years in prison. New Jersey also had a hate crime statute providing for an extended
and proved beyond a reasonable doubt (490).
Apprendi was supposed to be a “ringing endorsement of the right to trial by jury” (Allen and
others 2005, 1718). Sentencing guidelines and mandatory minimum sentencing laws allowed
trial judges to decide facts related to defendants’ punishment. According to the majority,
guidelines and mandatory minimums threatened the democratic right to have our peers decide
those critical facts. Apprendi was supposed to eliminate that threat.
POINTS:
1
REFERENCES:
Sentencing
QUESTION TYPE:
Essay
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: Understand
DATE CREATED:
1/6/2017 2:03 AM
DATE MODIFIED:
1/6/2017 2:18 PM
65. Describe the progress through direct appeal and collateral attack.
ANSWER:
After a guilty verdict in a trial court, whether from a judge or a jury, all jurisdictions afford
the defendant at least one statutory right to appeal. This statutory right to appeal is usually
only to an intermediate appellate court. After the appeal, having the case considered further
by the state supreme court or SCOTUS is largely discretionary. After a state or SCOTUS
hearing or denial of discretionary appeal, a defendant can collaterally attack his or her
conviction through a habeas corpus proceeding.
Habeas corpus proceedings are noncriminal (civil) lawsuits and are considered separate cases
from the original criminal trial. The defendants in the criminal case are now the plaintiffs or
petitioners in the habeas corpus proceeding. They petition the court for a writ on the grounds
that they are being unlawfully detained. These habeas corpus proceedings may initially be
brought in a state court, but after the state court procedures are exhausted, they can be
brought in a United States District Court. From an unsuccessful petition in U.S. District
Court, the defendant can appeal to a circuit court of appeals and, ultimately, ask SCOTUS to
hear his or her case on a writ of certiorari.
POINTS:
1
REFERENCES:
Appeals and Habeas Corpus
QUESTION TYPE:
Essay
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: Understand
DATE CREATED:
1/6/2017 2:05 AM
DATE MODIFIED:
1/6/2017 2:07 AM