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.
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
Scott “too tough” Rudy finds out that his girlfriend is cheating on him with his best
friend. Scott “too tough” goes over to his best friend’s “house and hinds his girlfriend is
there and is engaged in sexual acts with his bestfriend. Scott “too tough” takes out his
gun and shoots and kills both of them. Scott is arrested and charged with two counts of
murder. At his trial Scott claims he was insane at the time of the murder and is trying to
use insanity as his defense.
Another test, which could be used in Scott’s trial, to determine criminal responsibility
based on whether the defendant could (1) distinguish between right and wrong or (2)
conform his or her conduct to the requirements of law, is called
a. Capacity test
b. Substantial capacity test
c. Substantial test
d. Test of capacity