Deck 15: Sentencing and Appeal

Question 1

The jury imposes the sentence on the defendant.

Answer 1

False

Question 2

An appeal of a case is essentially another trial of the case.

Answer 2

False

Question 3

A challenge to the defendant's incarceration based on the principle that there must be a legal ground to hold the prisoner and often used as an additional appellate procedure is

A)respondeat superior.
B)voir dire.
C)mandamus.
D)habeas corpus.

Answer 3

D

Question 4

The appellate court publishes its decision in a(n)

A)letter.
B)opinion.
C)brief.
D)conclusion.

Question 5

Whipping is considered to be "cruel and unusual punishment."

Question 6

In some states,private companies have gotten into the business of running prisons.

Question 7

In a death penalty case,there are really two trials.In the first trial,the jury decides guilt or innocence.In the second phase,they decide whether the defendant's actions warrant death. This procedure is referred to as

A)a multi-layer trial.
B)a bifurcated trial.
C)an enhanced trial.
D)none of the above.

Question 8

The sentence must be proportional to the crime.

Question 9

Execution is not considered to be "cruel and unusual punishment."

Question 10

The United States Supreme Court,like many top state appellate courts,has the power to refuse to hear certain appeals.This power is called

A)license.
B)affirmal.
C)necessity.
D)cert.

Question 11

In many states,the victim of the crime is permitted to address the court to explain the impact that the crime has had on him or her.This is called a

A)court statement.
B)victim-impact statement.
C)victim assistance grant.
D)none of the above.

Question 12

When a judge enters a sentence against a convicted defendant,he or she can take into account

A)the defendant's prior criminal history.
B)the defendant's remorse,or lack of remorse.
C)the injuries to the victim.
D)all of the above.

Question 13

There is at least one category of cases that all appellate courts must hear (or that they lack the power to decline to hear).What is this category?

A)Felony cases
B)Child molestation cases
C)Sexual assault cases
D)Death penalty cases

Question 14

In some cases,when defendants are charged with a crime,their personal assets can be seized and forfeited to the state.

Question 15

If probationers commit another crime while serving probation,they can be sent back to prison to serve out their first sentence.

Question 16

In order to receive the death penalty,a defendant must have

A)murdered more than one person.
B)a prior,violent history.
C)tortured the victim.
D)a prior conviction for murder.

Question 17

The death penalty can be imposed in any conviction for a first-degree murder case.

Question 18

Sentencing guidelines take away much of the discretion that judges formerly enjoyed in sentencing defendants.

Question 19

When a judge sentences a person convicted of misdemeanor theft to a 20-year sentence,this sentence could be challenged on the grounds of

A)due process.
B)equal protection.
C)proportionality.
D)vagueness.

Question 20

All of the following actions are permissible by a court of appeals,except

A)affirm.
B)retry.
C)remand.
D)reverse.