LEG 320 Week 5 Quiz – Strayer
Click on the Link Below to
Purchase A+ Graded Course Material
Quiz 5 Chapter 8 and 9
CHAPTER 8
CRIMINAL PUNISHMENTS
MULTIPLE CHOICE
1. 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
|
2. 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.
|
violated the Sixth
Amendment’s right of trial by jury
|
|
b.
|
violated the Sixth
Amendment’s right of trial by judge
|
|
c.
|
violated the Sixth
Amendment’s right to a speedy trial
|
|
d.
|
violated the Eight
Amendment’s right to freedom from cruel and unusual punishment
|
3. 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
|
4. In Booker, the
Court held that under the holdings of Apprendi and Blakeley, the
Federal Sentencing Guidelines violated the Sixth Amendment’s right to
|
a.
|
jury trials in
criminal cases
|
|
b.
|
speedy trials in
criminal cases
|
|
c.
|
fair trials in
criminal cases
|
|
d.
|
an attorney in
criminal cases
|
5. The Federal
Sentencing Guidelines are
|
a.
|
no longer mandatory
|
|
b.
|
no longer
discretionary
|
|
c.
|
no longer
applicable
|
|
d.
|
no longer fair
|
6. 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
|
7. In the 1972 case
of Furman v. Georgia, death penalty laws in all states were struck down
as
|
a.
|
“arbitrary and
capricious” by the U.S. Supreme Court
|
|
b.
|
“arbitrary and
changeable” by the U.S. Supreme Court
|
|
c.
|
“random and
capricious” by the U.S. Supreme Court
|
|
d.
|
“arbitrary and
illogical” by the U.S. Supreme Court
|
8. 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
|
9. 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
|
10. 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
|
11. 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
|
12. 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
|
13. In the 1972 case of
_____ v. Georgia, the U.S. Supreme Court struck down all state death
penalty laws as “arbitrary and capricious.”
|
a.
|
Thomas
|
|
b.
|
Cosgrove
|
|
c.
|
Furman
|
|
d.
|
Ellison
|
14. 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
|
15. 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
|
16. The Eighth
Amendment prohibits the imposition of which kind of fines?
|
a.
|
excessive
|
|
b.
|
proportional
|
|
c.
|
mitigating
|
|
d.
|
monetary
|
17. 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
|
18. 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
|
19. Fines, like other
types of punishment, must be
|
a.
|
balanced
|
|
b.
|
contingent
|
|
c.
|
pro-rated
|
|
d.
|
proportional
|
20. 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
|
21. 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
|
Comments
Post a Comment