Unlock document.
This document is partially blurred.
Unlock all pages and 1 million more documents.
Get Access
True / False
1. The Eighth Amendment of the U.S. Constitution, ratified in 1791 as part of the Bill of Rights, provides that
“excessivebailshallnotberequired,norexcessivefinesimposed,norcruelandunusualpunishmentsinflicted.”
a. True
b. False
2. Corporal punishment in public schools violates the Eighth Amendment.
a. True
b. False
3. In 1972, the Supreme Court, in Furman v. Georgia, invalidated all existing state death penalty laws.
a. True
b. False
4. The death penalty may not be imposed upon a person determined to be insane.
a. True
b. False
5. The Apprendi opinion caused many changes in sentencing procedures and also resulted in many reversals of
sentences handed down by trial judges.
a. True
b. False
6. Blakely v. Washington, 124 S.Ct. 2531 (2004), applied the reasoning of Apprendi to state sentencing systems.
a. True
b. False
7. A defendant ordered to serve two years concurrently for conviction of two counts of a crime must serve the
sentences one after the other, for a total of four years.
a. True
b. False
8. A long criminal record would be an aggravating factor while no previous criminal record would be a mitigating
factor.
a. True
b. False
9. In 1984 the federal government passed the Truth in Sentencing law (TIS), which encouraged states to pass
sentencing laws that guaranteed a defendant served the entire time sentenced rather than just a few years.
a. True
b. False
10. The use of a firearm or dangerous weapon while committing a crime frequently serves as a basis for sentence
enhancement.
a. True
b. False
11. The Sixth Amendment requires that factual findings made for the purpose of enhancing a sentence must be made
by a
a. jury
b. judge
c. prosecuting attorney
d. defense attorney
12. 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
a. violatedtheSixthAmendment’srightoftrialbyjury
b. violatedtheSixthAmendment’srightoftrialbyjudge
c. violatedtheSixthAmendment’srighttoaspeedytrial
d. violatedtheEightAmendment’srighttofreedomfromcruelandunusualpunishment
13. 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
a. deliberate cruelty
b. deliberate indifference
c. deliberate apathy
d. deliberate malice
14. In Booker, the Court held that under the holdings of Apprendi and Blakeley, the Federal Sentencing Guidelines
violatedtheSixthAmendment’srightto
a. jury trials in criminal cases
b. speedy trials in criminal cases
c. fair trials in criminal cases
d. an attorney in criminal cases
15. The Federal Sentencing Guidelines are
a. no longer mandatory
b. no longer discretionary
c. no longer applicable
d. no longer fair
16. The name given to the test used to determine whether a sentence constitutes cruel and unusual punishment is
a. balancing
b. scales of justice
c. proportionality
d. moderation
17. In the 1972 case of Furman v. Georgia, death penalty laws in all states were struck down as
a. “arbitraryandcapricious”bytheU.S.SupremeCourt
b. “arbitraryandchangeable”bytheU.S.SupremeCourt
c. “randomandcapricious”bytheU.S.SupremeCourt
d. “arbitraryandillogical”bytheU.S.SupremeCourt
18. In Ingraham v. Wright, the Supreme Court considered the relationship between the cruel and unusual
punishment clause and the use of corporal punishment in
a. public schools
b. prisons
c. the work place
d. private schools
19. The U.S. Supreme Court has held that reasonable corporal punishment in public schools
a. violates the Eighth Amendment
b. violates substantive due process
c. is not covered by the cruel and unusual punishments clause
d. violates equal protection
20. In a public school, any excessive, unreasonable corporal punishment which would shock the conscience would be
a violation of
a. substantive due process
b. procedural due process
c. the cruel and unusual punishment clause
d. equal protection
21. The absence of fair procedures before corporal punishment is utilized on a public school student would be a
violation of
a. substantive due process
b. procedural due process
c. the cruel and unusual punishment clause
d. equal protection
22. Which of the following types of defendants can be given the death penalty?
a. mentally retarded defendants
b. juvenile defendants
c. female defendants
d. insane defendants
23. In the 1972 case of _____ v. Georgia, the U.S. Supreme Court struck down all state death penalty laws as
“arbitraryandcapricious.”
a. Thomas
b. Cosgrove
c. Furman
d. Ellison
24. Generally, before the death penalty may be imposed, a judge or jury must find at least one of what kind of
circumstance?
a. mitigating
b. balancing
c. concurrent
d. aggravating
25. 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 circumstances
b. mitigating circumstances
c. infuriating circumstances
d. frustrating circumstances
26. The Eighth Amendment prohibits the imposition of which kind of fines?
a. excessive
b. proportional
c. mitigating
d. monetary
27. The text of the Eighth Amendment prohibits excessive bail, excessive fines, and
a. cruel and unusual punishment
b. the death penalty
c. life without parole
d. three strikes laws
28. The Sixth Amendment requires that a jury must make factual findings for the purpose of
a. enhancing a sentence
b. putting a guilty defendant to death
c. a downward departure
d. a reduced sentence
29. Fines, like other types of punishment, must be
a. balanced
b. contingent
c. pro-rated
d. proportional
30. 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. mitigation
b. enhancement
c. aggravation
d. proportionality
31. Habitual offender or recidivist statutes that provide for a life sentence after multiple felony convictions are
a. unconstitutional
b. routinely found to be cruel and unusual punishment
c. allowed on the federal level but not on the state level
d. subject to a proportionality test, i.e., the sentence fits the crime
32. Which of the following is NOT characteristic of career-criminal programs?
a. longer sentences
b. encourages plea bargaining
c. speeds up prosecution of the defendant
d. development of special units within law enforcement agencies
33. In the Solem v. Helmcase,theSupremeCourtheldthedefendant’ssentencetolifewithoutparoleforpassinga
“noaccount”checkwas
a. a harsh, but acceptable sentence
b. a violation of procedural due process
c. a violation of the Eighth Amendment
d. an advisable sentence which would serve to deter others
34. What case established the steps for a proportionality review of a non-capital sentence?
a. the Solem case
b. the Apprendi case
c. the Blakely case
d. the Miranda case
35. In Apprendi, the Court held that any fact that increases the penalty for the crime charged must be submitted to the
jury and proved
a. beyond a reasonable doubt
b. beyond a reasonable suspicion
c. beyond a doubt
d. by a preponderance of the evidence
36. The Apprendi opinion caused many changes in
a. sentencing procedures
b. jury procedures
c. misdemeanor trial procedures
d. wording of three strikes laws
37. Blakely v. Washington, 124 S.Ct. 2531 (2004), applied the reasoning of Apprendi to
a. state sentencing systems
b. federal sentencing systems
c. city sentencing systems
d. county systems
38. Thelawspopularlycalled“threestrikesandyou’reout”
a. consistently violate the Eighth Amendment
b. have been repealed in all states
c. violate double jeopardy
d. apply only to felony convictions
39. BasedupontheCourt’sdecisioninLockyer v. Andrade,“threestrikes”lawsmay
a. be unconstitutional in certain situations
b. not be used for nonviolent offenses
c. not be used in federal courts
d. not be used in federal or state courts
40. 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
a. mental retardation
b. schizophrenia
c. terminal illness
d. none of these answers are correct
41. One medieval limit on capital punishment was called the
a. benefit of clergy
b. king's pardon
c. bribery
d. levying of fines
42. In the Middle Ages in England, this was a religious place where criminals could take refuge.
a. sanctuary
b. chamber pot
c. belfry
d. hallowed burial ground
43. Inflicting deadly injury as a punishment for criminal offenses is called
a. capital punishment
b. corporal punishment
c. forfeiture
d. a fine
44. _____ in Colonial America were situated it the town center so that public humiliation may be heaped upon the
offender.
a. stocks
b. jails
c. reform schools
d. delinquency notices
45. The type of sentence where a defendant is ordered to serve a two sentences in a row is called a _____ sentence.
a. consecutive
b. concurrent
c. conditional
d. suspended
46. The shortest time a defendant would serve would result from which type of sentence?
a. consecutive
b. concurrent
c. conditional
d. suspended
47. Inflicting nondeadly physical injury as punishment for criminal conduct is the definition of
a. corporal
b. capital
c. conditional
d. forfeiture
48. Mutilation is an example of which type of punishment?
a. corporal
b. capital
c. conditional
d. forfeiture
49. Seizure of the property that was used to commit a crime is the definition of
a. corporal
b. capital offense
c. a fine
d. forfeiture
50. The payment of money as part of a defendant's sentence is the definition of a
a. seizure
b. capital offense
c. fine
d. forfeiture
Fred was arrested for grand theft auto. The jury found him guilty and he was sentenced to twenty years in prison
and his car was seized. This was his first conviction of a felony, though he had several misdemeanor offenses on his
record.
51. Fred's sentence would likely be overturned on appeal because factual findings made for the purpose of enhancing
a sentence must be made by a
a. jury
b. judge
c. prosecuting attorney
d. defense attorney
52. The loss by Fred of his car is an example of
a. forfeiture
b. fine
c. free speech
d. unlawful search and seizure
53. Fred may also appeal his sentence on Sixth Amendment grounds. The name given to the test used to determine
whether a sentence constitutes cruel and unusual punishment is
a. balancing
b. scales of justice
c. proportionality
d. moderation
Bill is a student at the local high school. He was caught chewing tobacco in the boy's laboratory and sent to the
principal's office. As punishment, the principal made him swallow the wad of tobacco, which immediately made Bill
throw up. Bill went home and told his parents of the incident, and the next day they contacted a lawyer.
54. Bill's parent's intend to sue the high school for which most likely reason?
a. Swallowing the tobacco violates Bill's Eighth Amendment rights.
b. Swallowing the tobacco amounted to illegal forfeiture.
c. Bill was denied an attorney.
d. Swallowing the tobacco violates Bill's right to equal protection.
55. Bill's lawyer asks Bill about how the principal decided Bill's guilt and punishment, and asks to see a copy of the
school's student conduct code. Bill's attorney is trying to build a case based on
a. Bill's Eighth Amendment rights
b. a procedural due process claim
c. a substantive due process claim
d. a violation of enhanced sentencing guidelines
56. Bill's lawyer then asks about Bill's physical reaction after swallowing the chewing tobacco. Bill's attorney is trying
to build a case based on
a. Bill's Eighth Amendment rights
b. a procedural due process claim
c. a substantive due process claim
d. a violation of enhanced sentencing guidelines
57. Bill's lawyer then reads up on the case of Ingraham v Wright and realizes that a claim based on ____ would not
succeed.
a. Bill's Eighth Amendment rights
b. a procedural due process claim
c. a substantive due process claim
d. None of these choices
Bill, who was forced to swallow chewing tobacco as punishment for chewing it in the boys bathroom at high school,
gets very angry thinking about the incident. He decides to confront the school's principal after a few days, and the
discussion gets very heated. During the course of confrontation, Bill strikes the principal with his fist, resulting in the
death of the principal. Bill is arrested and now stands trial for murder.
58. The prosecution in its presentation, argues the death penalty should be imposed due to Bill's history of violence
and wanton disregard for human life. The circumstances described are ______ circumstances.
a. aggravating
b. mitigating
c. random and capricious
d. arbitrary and illogical
59. Bill's defense attorney, in her presentation, argues the death penalty should not be imposed due to Bill's history of
abuse at home. The circumstances described are ______ circumstances.
a. aggravating
b. mitigating
c. random and capricious
d. arbitrary and illogical
60. Bill's defense attorney calls the school psychiatrist, who testifies that Bill is clinically insane. What is the effect of
this information on the case?
a. Bill will be sentenced to a maximum of twenty years in prison.
b. Bill will not face the death penalty
c. Bill will immediately be released.
d. The judge will immediatley declare a mistrial.
Completion
61. The ban on cruel and unusual punishments requires that punishments be ____________ to the seriousness of the
offense.
62. In Booker, the Court held that under the holdings of Apprendi and _____, the Federal Sentencing Guidelines
violatedtheSixthAmendment’srighttojurytrialsincriminalcases.
63. To impose the death penalty, the jury must find the existence of a(n) __________ circumstance.
64. Death penalty statutes allow the jury to impose a sentence other than the death penalty if they find a
____________ circumstance.
65. In 1972, in the case of ___________ v. Georgia, the U.S. Supreme Court invalidated all existing state death
penalty statutes.
66. The ___________ Amendment prohibits execution of a prisoner who is insane.
67. Sentences that are to be served ____ are served at the same time.
68. The Eighth Amendment Cruel and Unusual Punishment Clause is not applicable to the use of corporal punishment
for ____ purposes in the public schools.
69. In the 1972 case of Furman v. Georgia, deathpenaltylawsinallstateswerestruckdownas“arbitraryand
_____”bytheU.S.SupremeCourt.
70. Sentence enhancement statutes are used to ____________ the period of incarceration the defendant may be
ordered to serve.
71. In the Middle Ages in England, a ____ was a religious place where criminals could take refuge.
72. Inflicting deadly injury as a punishment for criminal offenses is called _____.
73. One who is a habitual criminal is called a _____.
74. Laws that impose increased penalties for multiple felony convictions are called ____ laws.
75. The seizure of property of people charged with or convicted of crime is called ____.
Essay
76. Identify three groups of persons who cannot be given the death penalty. Discuss one of the cases regarding the
exclusion of one of these groups.
77. Explainwhatismeantby“proportionality”withreferencetocriminalsentencing.
78. Whatprotections,ifany,doesapublicschoolstudenthavewithregardtotheschool’suseofcorporal
punishment?
79. Discuss the holding in the case of United States v. Booker (2005). How did this case impact the Federal
Sentencing Guidelines?
80. ExplaintheSupremeCourt’sdecisioninFurman v. Georgia (1972) and highlight three recent Supreme Court
decisions about the death penalty since 1972.
81. What are aggravating and mitigating factors as they relate to the death penalty statutes? Give three examples of
each type of factor.
82. What two requirements must a school official meet in order to impose corporal punishment on a student?
83. Whatare“threestrikes”laws?Whatarethecommoncharacteristicsofsuchlaws?
84. How does the Sixth amendment affect sentencing provisions implementing sentence enhancements against criminal
defendants?
85. List three situations or conditions which will typically result in an enhanced or increased sentence for convicted
offenders.
