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True / False
1. The Eighth Amendment of the US 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.”
a.
True
b.
False
ANSWER:
True
REFERENCES:
The Constitutional Limitation on Punishment
LEARNING OBJECTIVES:
CRLA.GAAN.18.08.01 – 08.01 – Know the text of the Cruel and Unusual Punishment Clause
KEYWORDS:
Bloom’s: Remember
2. Corporal punishment in public schools violates the Eighth Amendment.
a.
True
b.
False
ANSWER:
REFERENCES:
LEARNING OBJECTIVES:
KEYWORDS:
3. In 1972, the Supreme Court, in Furman v. Georgia, invalidated all existing state death penalty laws.
a.
True
b.
False
ANSWER:
REFERENCES:
LEARNING OBJECTIVES:
KEYWORDS:
4. The death penalty may not be imposed upon a person determined to be insane.
a.
True
b.
False
ANSWER:
REFERENCES:
LEARNING OBJECTIVES:
KEYWORDS:
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
ANSWER:
REFERENCES:
LEARNING OBJECTIVES:
KEYWORDS:
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6. Blakely v. Washington, 124 S. Ct. 2531 (2004), applied the reasoning of Apprendi to state sentencing systems.
a.
True
b.
False
ANSWER:
REFERENCES:
LEARNING OBJECTIVES:
KEYWORDS:
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
ANSWER:
REFERENCES:
LEARNING OBJECTIVES:
KEYWORDS:
8. A long criminal record would be an aggravating factor while no previous criminal record would be a mitigating factor.
a.
True
b.
False
ANSWER:
REFERENCES:
LEARNING OBJECTIVES:
KEYWORDS:
9. The United States Supreme Court has stated that life imprisonment without parole for juvenile offenders does not
violate the Cruel and Unusual Punishment clause.
a.
True
b.
False
ANSWER:
REFERENCES:
LEARNING OBJECTIVES:
KEYWORDS:
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
ANSWER:
REFERENCES:
LEARNING OBJECTIVES:
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KEYWORDS:
Multiple Choice
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.
ANSWER:
REFERENCES:
LEARNING OBJECTIVES:
KEYWORDS:
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 aggravating and mitigating circumstances violated the:
a.
Sixth Amendment’s right of trial by jury.
b.
Sixth Amendment’s right of trial by judge.
c.
Sixth Amendment’s right to a speedy trial.
d.
Eighth Amendment’s right to freedom from cruel and unusual punishment.
ANSWER:
REFERENCES:
LEARNING OBJECTIVES:
KEYWORDS:
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 deliberate:
a.
cruelty.
b.
indifference.
c.
apathy.
d.
malice.
ANSWER:
REFERENCES:
LEARNING OBJECTIVES:
KEYWORDS:
14. In Booker, the Court held that under the holdings of Apprendi and Blakely, the Federal Sentencing Guidelines violated
the Sixth Amendment’s right to:
a.
jury trials in criminal cases.
b.
speedy trials in criminal cases.
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c.
fair trials in criminal cases.
d.
an attorney in criminal cases.
ANSWER:
REFERENCES:
LEARNING OBJECTIVES:
KEYWORDS:
15. The Federal Sentencing Guidelines are no longer:
a.
mandatory.
b.
discretionary.
c.
applicable.
d.
fair.
ANSWER:
REFERENCES:
LEARNING OBJECTIVES:
KEYWORDS:
16. The ______ test is used to determine whether a sentence constitutes cruel and unusual punishment.
a.
balancing
b.
scales of justice
c.
proportionality
d.
moderation
ANSWER:
REFERENCES:
LEARNING OBJECTIVES:
KEYWORDS:
17. In the 1972 case of Furman v. Georgia, death penalty laws in all states were struck down by the US Supreme Court
as:
a.
“arbitrary and capricious.”
b.
“arbitrary and changeable.”
c.
“random and capricious.”
d.
“arbitrary and illogical.”
ANSWER:
REFERENCES:
LEARNING OBJECTIVES:
KEYWORDS:
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.
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c.
the work place.
d.
private schools.
ANSWER:
REFERENCES:
LEARNING OBJECTIVES:
KEYWORDS:
19. The US 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.
ANSWER:
REFERENCES:
LEARNING OBJECTIVES:
KEYWORDS:
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.
ANSWER:
REFERENCES:
LEARNING OBJECTIVES:
KEYWORDS:
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.
ANSWER:
REFERENCES:
LEARNING OBJECTIVES:
KEYWORDS:
22. ______ defendants can be given the death penalty.
a.
Mentally retarded
b.
Juvenile
c.
Female
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d.
Insane
ANSWER:
REFERENCES:
LEARNING OBJECTIVES:
KEYWORDS:
23. In the 1972 case of _____ v. Georgia, the US Supreme Court struck down all state death penalty laws as “arbitrary and
capricious.”
a.
Thomas
b.
Cosgrove
c.
Furman
d.
Ellison
ANSWER:
REFERENCES:
LEARNING OBJECTIVES:
KEYWORDS:
24. The United States Supreme Court has stated that life imprisonment without parole for juvenile offenders:
a.
is constitutional only for heinous crimes.
b.
is constitutional if the juvenile is over 16 years of age.
c.
is unconstitutional unless sufficient aggravating circumstances are presented by the prosecution.
d.
is unconstitutional because it violates the Cruel and Unusual Punishment clause.
ANSWER:
REFERENCES:
LEARNING OBJECTIVES:
KEYWORDS:
25. If the prosecution seeks imposition of the death penalty after a jury has found the defendant guilty of the crime
charged, he or she must produce evidence of ______ circumstances.
a.
aggravating
b.
mitigating
c.
infuriating
d.
frustrating
ANSWER:
REFERENCES:
LEARNING OBJECTIVES:
KEYWORDS:
26. The Eighth Amendment prohibits the imposition of ______ fines.
a.
excessive
b.
proportional
c.
mitigating
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d.
monetary
ANSWER:
REFERENCES:
LEARNING OBJECTIVES:
KEYWORDS:
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.
ANSWER:
a
REFERENCES:
The Constitutional Limitation on Punishment
LEARNING OBJECTIVES:
CRLA.GAAN.18.08.01 – 08.01 – Know the text of the Cruel and Unusual Punishment Clause
KEYWORDS:
Bloom’s: Remember
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.
ANSWER:
REFERENCES:
LEARNING OBJECTIVES:
KEYWORDS:
29. Fines, like other types of punishment, must be:
a.
balanced.
b.
contingent.
c.
pro-rated.
d.
proportional.
ANSWER:
REFERENCES:
LEARNING OBJECTIVES:
KEYWORDS:
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
ANSWER:
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REFERENCES:
LEARNING OBJECTIVES:
KEYWORDS:
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.
ANSWER:
REFERENCES:
LEARNING OBJECTIVES:
KEYWORDS:
32. ______ is NOT characteristic of career-criminal programs.
a.
Longer sentences
b.
Encouraging plea bargaining
c.
Speeding up prosecution of the defendant
d.
Development of special units within law enforcement agencies
ANSWER:
REFERENCES:
LEARNING OBJECTIVES:
KEYWORDS:
33. 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:
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.
ANSWER:
REFERENCES:
LEARNING OBJECTIVES:
KEYWORDS:
34. The ______ case established the steps for a proportionality review of a non-capital sentence.
a.
Solem
b.
Apprendi
c.
Blakely
d.
Miranda
ANSWER:
REFERENCES:
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LEARNING OBJECTIVES:
KEYWORDS:
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.
ANSWER:
REFERENCES:
LEARNING OBJECTIVES:
KEYWORDS:
36. The Apprendi opinion caused many changes in:
a.
sentencing procedures.
b.
jury procedures.
c.
misdemeanor trial procedures.
d.
wording of three strikes laws.
ANSWER:
REFERENCES:
LEARNING OBJECTIVES:
KEYWORDS:
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.
ANSWER:
REFERENCES:
LEARNING OBJECTIVES:
KEYWORDS:
38. The laws popularly called “three strikes and you’re out”:
a.
consistently violate the Eighth Amendment.
b.
have been repealed in all states.
c.
violate double jeopardy.
d.
apply only to felony convictions.
ANSWER:
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REFERENCES:
LEARNING OBJECTIVES:
KEYWORDS:
39. Based upon the Court’s decision in Lockyer v. Andrade, “three–strikes” laws may:
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.
ANSWER:
REFERENCES:
LEARNING OBJECTIVES:
KEYWORDS:
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 choices.
ANSWER:
REFERENCES:
LEARNING OBJECTIVES:
KEYWORDS:
41. One medieval limit on capital punishment was called the:
a.
benefit of clergy.
b.
king’s pardon.
c.
bribery.
d.
levying of fines.
ANSWER:
a
REFERENCES:
Punishments Used in Early England
LEARNING OBJECTIVES:
CRLA.GAAN.18.08.01 – 08.01 – Know the text of the Cruel and Unusual Punishment Clause
KEYWORDS:
Bloom’s: Remember
42. In the Middle Ages in England, ______ was a religious place where criminals could take refuge.
a.
sanctuary
b.
chamber pot
c.
belfry
d.
hallowed burial ground
ANSWER:
a
REFERENCES:
Punishments Used in Early England
LEARNING OBJECTIVES:
CRLA.GAAN.18.08.01 – 08.01 – Know the text of the Cruel and Unusual Punishment Clause
KEYWORDS:
Bloom’s: Remember
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43. ______ is inflicting deadly injury as a punishment for criminal offenses.
a.
Capital punishment
b.
Corporal punishment
c.
Forfeiture
d.
A fine
ANSWER:
a
REFERENCES:
Punishments Used in Early England
LEARNING OBJECTIVES:
CRLA.GAAN.18.08.01 – 08.01 – Know the text of the Cruel and Unusual Punishment Clause
KEYWORDS:
Bloom’s: Remember
44. _____ in Colonial America were situated in the town center so that public humiliation may be heaped upon the
offender.
a.
Stocks
b.
Jails
c.
Reform schools
d.
Delinquency notices
ANSWER:
a
REFERENCES:
Punishments Used in Early England
LEARNING OBJECTIVES:
CRLA.GAAN.18.08.01 – 08.01 – Know the text of the Cruel and Unusual Punishment Clause
KEYWORDS:
Bloom’s: Remember
45. The type of sentence where a defendant is ordered to serve two sentences in a row is called a _____ sentence.
a.
consecutive
b.
concurrent
c.
conditional
d.
suspended
ANSWER:
REFERENCES:
LEARNING OBJECTIVES:
KEYWORDS:
46. A(n) ______ sentence would result in the shortest time a defendant would serve.
a.
consecutive
b.
concurrent
c.
conditional
d.
enhanced
ANSWER:
REFERENCES:
LEARNING OBJECTIVES:
KEYWORDS:
47. ______ is inflicting nondeadly physical injury as punishment for criminal conduct.
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a.
Corporal
b.
Capital
c.
Conditional
d.
Forfeiture
ANSWER:
REFERENCES:
LEARNING OBJECTIVES:
KEYWORDS:
48. Mutilation is an example of ______ punishment.
a.
corporal
b.
capital
c.
conditional
d.
forfeiture
ANSWER:
REFERENCES:
LEARNING OBJECTIVES:
KEYWORDS:
49. ______ is seizure of the property that was used to commit a crime.
a.
Corporal
b.
Capital offense
c.
A fine
d.
Forfeiture
ANSWER:
REFERENCES:
LEARNING OBJECTIVES:
KEYWORDS:
50. ______ is the payment of money as part of a defendant’s sentence.
a.
Seizure
b.
Capital offense
c.
Fine
d.
Forfeiture
ANSWER:
REFERENCES:
LEARNING OBJECTIVES:
KEYWORDS:
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 unless the factual findings made for the purpose of enhancing a
sentence were made by a:
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a.
jury.
b.
judge.
c.
prosecuting attorney.
d.
defense attorney.
ANSWER:
REFERENCES:
PREFACE NAME:
LEARNING OBJECTIVES:
KEYWORDS:
52. The loss by Fred of his car is an example of:
a.
forfeiture.
b.
fine.
c.
free speech.
d.
unlawful search and seizure.
ANSWER:
REFERENCES:
PREFACE NAME:
LEARNING OBJECTIVES:
KEYWORDS:
53. Fred may also appeal his sentence on Sixth Amendment grounds. To determine whether a sentence constitutes cruel
and unusual punishment, the appellate court will use a ______ test.
a.
balancing
b.
scales of justice
c.
proportionality
d.
moderation
ANSWER:
REFERENCES:
PREFACE NAME:
LEARNING OBJECTIVES:
KEYWORDS:
Bill is a student at the local high school. He was caught chewing tobacco in the boys’ 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 because:
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.
ANSWER:
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REFERENCES:
PREFACE NAME:
LEARNING OBJECTIVES:
KEYWORDS:
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.
ANSWER:
REFERENCES:
PREFACE NAME:
LEARNING OBJECTIVES:
KEYWORDS:
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.
ANSWER:
REFERENCES:
PREFACE NAME:
LEARNING OBJECTIVES:
KEYWORDS:
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.
ANSWER:
REFERENCES:
PREFACE NAME:
LEARNING OBJECTIVES:
KEYWORDS:
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
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principal. Bill is arrested and now stands trial for murder.
58. The prosecution 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
ANSWER:
REFERENCES:
PREFACE NAME:
LEARNING OBJECTIVES:
KEYWORDS:
59. Bill’s defense attorney 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
ANSWER:
REFERENCES:
PREFACE NAME:
LEARNING OBJECTIVES:
KEYWORDS:
60. Bill’s defense attorney calls the school psychiatrist, who testifies that Bill is clinically insane. The effect of this
information is that:
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 immediately declare a mistrial.
ANSWER:
REFERENCES:
PREFACE NAME:
LEARNING OBJECTIVES:
KEYWORDS:
Completion
61. The ban on cruel and unusual punishments requires that punishments be ____________ to the seriousness of the
offense.
ANSWER:
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REFERENCES:
LEARNING OBJECTIVES:
KEYWORDS:
62. In Booker, the Court held that under the holdings of Apprendi and _____, the Federal Sentencing Guidelines violated
the Sixth Amendment’s right to jury trials in criminal cases.
ANSWER:
REFERENCES:
LEARNING OBJECTIVES:
KEYWORDS:
63. To impose the death penalty, the jury must find the existence of a(n) __________ circumstance.
ANSWER:
REFERENCES:
LEARNING OBJECTIVES:
KEYWORDS:
64. Death penalty statutes allow the jury to impose a sentence other than the death penalty if they find a ____________
circumstance.
ANSWER:
REFERENCES:
LEARNING OBJECTIVES:
KEYWORDS:
65. In 1972, in the case of ___________ v. Georgia, the US Supreme Court invalidated all existing state death penalty
statutes.
ANSWER:
REFERENCES:
LEARNING OBJECTIVES:
KEYWORDS:
66. The ___________ Amendment prohibits execution of a prisoner who is insane.
ANSWER:
REFERENCES:
LEARNING OBJECTIVES:
KEYWORDS:
67. Sentences that are to be served ____ are served at the same time.
ANSWER:
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REFERENCES:
LEARNING OBJECTIVES:
KEYWORDS:
68. The Eighth Amendment Cruel and Unusual Punishment Clause is not applicable to the use of corporal punishment for
____ purposes in public schools.
ANSWER:
REFERENCES:
LEARNING OBJECTIVES:
KEYWORDS:
69. In the 1972 case of Furman v. Georgia, death penalty laws in all states were struck down as “arbitrary and _____” by
the US Supreme Court.
ANSWER:
REFERENCES:
LEARNING OBJECTIVES:
KEYWORDS:
70. Sentence enhancement statutes are used to ____________ the period of incarceration the defendant may be ordered to
serve.
ANSWER:
REFERENCES:
LEARNING OBJECTIVES:
KEYWORDS:
71. In the Middle Ages in England, a ____ was a religious place where criminals could take refuge.
ANSWER:
sanctuary
REFERENCES:
Punishments Used in Early England
LEARNING OBJECTIVES:
CRLA.GAAN.18.08.01 – 08.01 – Know the text of the Cruel and Unusual Punishment Clause
KEYWORDS:
Bloom’s: Remember
72. Inflicting deadly injury as a punishment for criminal offenses is called _____.
ANSWER:
REFERENCES:
LEARNING OBJECTIVES:
KEYWORDS:
73. One who is a habitual criminal is called a _____.
ANSWER:
REFERENCES:
LEARNING OBJECTIVES:
Essay
ANSWER:
N/A
REFERENCES:
Capital Punishment
LEARNING OBJECTIVES:
CRLA.GAAN.18.08.06 – 08.06 – Identify at least three groups of persons who cannot be
given the death penalty
KEYWORDS:
Bloom’s: Understand
ANSWER:
REFERENCES:
The Constitutional Limitation on Punishment
sentencing provisions that permit a judge to determine when an enhanced sentence should be
given a criminal defendant.
KEYWORDS:
Bloom’s: Understand
ANSWER:
N/A
REFERENCES:
Corporal Punishment
imposing corporal punishment on a student
KEYWORDS:
Bloom’s: Understand
ANSWER:
N/A
REFERENCES:
The Constitutional Limitation on Punishment
Guidelines
KEYWORDS:
Bloom’s: Understand
KEYWORDS:
74. Laws that impose increased penalties for multiple felony convictions are called ____ laws.
ANSWER:
REFERENCES:
LEARNING OBJECTIVES:
KEYWORDS:
75. The seizure of property of people charged with or convicted of crime is called ____.
ANSWER:
REFERENCES:
LEARNING OBJECTIVES:
KEYWORDS:
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80. Explain the Supreme Court’s decision in Furman v. Georgia (1972) and highlight three recent Supreme Court
decisions about the death penalty since 1972.
ANSWER:
REFERENCES:
LEARNING OBJECTIVES:
KEYWORDS:
81. Explain aggravating and mitigating factors as they relate to the death penalty statutes, and give three examples of each
type of factor.
ANSWER:
REFERENCES:
LEARNING OBJECTIVES:
KEYWORDS:
82. List two requirements a school official must meet in order to impose corporal punishment on a student.
ANSWER:
REFERENCES:
LEARNING OBJECTIVES:
KEYWORDS:
83. Define “three strikes” laws, and list the common characteristics of such laws.
ANSWER:
REFERENCES:
LEARNING OBJECTIVES:
KEYWORDS:
84. Explain how the Sixth Amendment affects sentencing provisions that provide sentence enhancements against criminal
defendants.
ANSWER:
REFERENCES:
LEARNING OBJECTIVES:
KEYWORDS:
85. List three situations or conditions which will typically result in an enhanced or increased sentence for convicted
offenders.
ANSWER:
REFERENCES:
LEARNING OBJECTIVES:
KEYWORDS:
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