Deck 14: Constitutional Rights Postconviction

Question 1

The case Gregg v. Georgia established that capital trials must be divided into two phases. What is that type of trial called?

A) separated trial
B) multi-phased trial
C) biannual trial
D) bifurcated trial
E) bilateral trial

Answer 1

bifurcated trial

Question 2

When a jury is considering whether to sentence a defendant to execution, they must consider circumstances that may make the crime less severe. What are such circumstances called?

A) reducing circumstances
B) mitigating circumstances
C) aggravating circumstances
D) lessening circumstances
E) explanatory circumstances

Answer 2

mitigating circumstances

Question 3

The Supreme Court has ruled which of the following types of executions to be 'cruel and unusual'?

A) executing those who are not competent at the time of the execution
B) executing those who are mentally retarded
C) executing those who were minors when they committed the crime
D) executions by lethal injection
E) A, B, and C

Answer 3

A, B, and C

Question 4

Which of the following is NOT an example of cruel and unusual punishment by today's standards?

A) forcing multiple inmates to share a small prison cell by giving them bunked beds to sleep in
B) execution of a criminal who has been assessed as being mentally retarded
C) forcing a defendant to take medication that was never prescribed by a doctor for any documented illness so that the defendant will be more lucid during trial
D) executing a prisoner by lethal injection after a jury of her peers determined she was guilty of capital murder in one trial that included the trial and sentencing phases at the same time
E) feeding only bread and water in prison inmates

Question 5

Which of the following is an unacceptable method of execution?

A) electrocution
B) drawing and quartering
C) lethal gas
D) firing squad
E) lethal injection

Question 6

Which of the following sets of crimes may be punishable by death?

A) treason, murder and espionage
B) rape, murder and kidnapping
C) murder, treason and rape
D) any three felony convictions under 'three strikes and you're out' legislation
E) felony murder, robbery and conspiracy

Question 7

What is a popular term for legislation intended to punish a repeat offender more harshly?

A) three strikes and you're out
B) down for the count
C) two hits and a knockout
D) four bases make a homerun
E) three yards to the touchdown

Question 8

The theory that courts should 'make the punishment fit the crime' is called:

A) indeterminate sentencing.
B) indefinite sentencing.
C) mandatory minimum sentencing.
D) proportionality.
E) enhanced sentencing.

Question 9

What was determined by Kelly v. South Carolina?

A) The Supreme Court ruled that the methods used for applying the death penalty were arbitrary and capricious, thus qualifying for the label "cruel and unusual."
B) Attempting to execute a person twice, due to equipment failure, is not cruel and unusual punishment.
C) The Supreme Court ruled that capital punishment can not be handed down for rape, because such a punishment would be excessive.
D) In cases in which the jury must decide between the sentences of death or life in prison, the jury must be instructed that life in prison means that the defendant will have absolutely no chance of parole.
E) Prison officials can force an otherwise mentally incompetent individual to receive medication to restore his/her competence, even if the prison objects.

Question 10

The Eighth Amendment prohibition of cruel and unusual punishment is based on what document?

A) the Magna Carta
B) the Louisiana Purchase
C) the Mayflower Compact
D) the Treaty of Versailles
E) the Munich Agreement

Question 11

A person convicted of a crime in the U.S. system could possibly be sentenced to any of the following except:

A) probation.
B) a suspended sentence.
C) exile.
D) prison.
E) death.

Question 12

A sentence with a minimum of five years and a maximum of ten years is an example of:

A) indeterminate sentencing.
B) indefinite sentencing.
C) definite sentencing.
D) consecutive sentencing.
E) concurrent sentencing.

Question 13

Defendants who plead guilty:

A) lose appeal as a right.
B) lose the right to discretionary appeals.
C) lose all rights to appeals.
D) get the maximum sentence.
E) automatically get the minimum sentence.

Question 14

Chemical castration is:

A) an attempt to prevent sex offenders from reoffending.
B) an approach used to limit the spread of AIDS in prison.
C) a condition of parole in some states for sex offenders.
D) a form of sterilization.
E) A and C

Question 15

A sentence of five to ten years with the defendant not being eligible for parole during the first five years is an example of:

A) indeterminate sentencing.
B) indefinite sentencing.
C) definite sentencing.
D) consecutive sentencing.
E) concurrent sentencing.

Question 16

A jail sentence that is lengthened after the judge or jury considers aggravating and mitigating factors is called:

A) consecutive sentences.
B) concurrent sentences.
C) an enhanced sentence.
D) a mandatory minimum sentence.
E) a sentence fragment.

Question 17

Money the defendant pays to the victim to compensate them for the harm the crime caused is:

A) restitution.
B) fines.
C) taxes.
D) cost of doing business.
E) none of the above

Question 18

Sex offender registration:

A) has been held to be an ex post facto law.
B) in some states involves lifetime monitoring via a GPS device.
C) in some states involves lifetime video surveillance.
D) is part of a vast conspiracy to keep the American population in a permanent state of terror.
E) is being phased out.

Question 19

Punishments under the Bloody Code in 18^th Century England included:

A) bloody public executions.
B) prison.
C) transportation.
D) extended torture.
E) A, B, and C

Question 20

What happens to a prisoner if he is not executed due to an equipment malfunction?

A) His execution is rescheduled for a time when the equipment is working properly.
B) His sentence is commuted to life in prison.
C) He is released.
D) The technician responsible for the failure is executed in his place.
E) none of the above

Question 21

Cruel and unusual punishment is prohibited by the Sixth Amendment.

Question 22

A punishment meets the definition for "cruel and unusual" if it involves unnecessary infliction of pain.

Question 23

Because punishments are considered cruel and unusual based on the "evolving standards of decency that mark the progress of a maturing society" what is acceptable today may be unacceptable tomorrow.

Question 24

The founding fathers never intended for us to use the death penalty as a form of punishment for criminal behavior. We believe this because there is no mention of the death penalty in the actual text of the Constitution.

Question 25

A trial that is divided into two phases - one in which guilt or innocence is determined, and a second in which punishment is set - is called a bilateral trial.

Question 26

The government can forcibly medicate a person so that person will be competent to stand trial if such treatment is medically appropriate, is unlikely to have side effects that may undermine the trial's fairness, and is necessary to further important governmental trial-related interests, taking into account any possible less intrusive measures.

Question 27

In the case Atkins v. Virginia, the Supreme Court found that contemporary standards of what is appropriate have changed, and that mentally retarded people may still be executed if found guilty of a capital crime.

Question 28

Rape is not a capital offense.

Question 29

If conditions in prison can lead to serious illness or injury, if they are "wanton and unnecessary infliction of pain," then the conditions violate the Eighth Amendment.

Question 30

The Constitution's ban on cruel and unusual punishments is based on the Magna Carta.

Question 31

Very often an offender will receive a suspended sentence for a first offense.

Question 32

Offenders can receive enhanced sentences if enough mitigating factors are involved.

Question 33

Espionage can be a capital offense.

Question 34

The 'three strikes and you're out' policy has been held to be unconstitutional.

Question 35

Any error brought to light in an appeal will lead to a new trial or overturning of the underlying conviction.

Question 36

All defendants are entitled to a discretionary appeal.

Question 37

The Sex Offender Registry is an ex post facto law.

Question 38

Chemical castration uses the drug Depo-Provera.

Question 39

All sexual predators are male.

Question 40

The popular name for England's criminal laws earned due to their harshness was the _______________.

Question 41

Under the Bloody Code, some offenses were punished by exile or ___________________.

Question 42

The prohibition on cruel and unusual punishments descends from the ______________.

Question 43

Letting the punishment fit the crime is the essence of the concept of ___________ in sentencing.

Question 44

The most common punishment in the U.S. penal system is _________________ or being put in prison.

Question 45

Very often, a first-time offender will receive a___________________.

Question 46

In lieu of a prison sentence, sometimes defendants get ________________, a period of time where the person is free, but under court supervision.

Question 47

When a person is sentenced for more than one crime and the sentences are served one after the other, they are referred to as ________________ sentences.

Question 48

When a person is sentenced for more than one crime and the sentences at the same time, they are referred to as ________________ sentences.

Question 49

MATCHING

-Indeterminate sentencing

A) The sentencing scheme using a sentencing range where the prisoner can earn release after serving the minimum sentence by meeting certain rehabilitation goals.
B) Act or conduct that increases the seriousness of an act.
C) Monetary penalties paid to the state as punishment for crime.
D) Fixed term sentences selected from a range determined by statute or guidelines where there is no chance of parole.
E) Act or conduct that lessens or reduces the punishment for a crime.
F) Money paid to crime victims to help make them whole.
G) The shortest possible sentence for a given crime under an indeterminate sentencing scheme.
H) The sentencing scheme where judges have the most flexibility in sentencing.
I) Latin; by itself, in and of itself.
J) Sentences lengthened by aggravating factors such as for hate crimes.

Question 50

MATCHING

-Indefinite sentencing

A) The sentencing scheme using a sentencing range where the prisoner can earn release after serving the minimum sentence by meeting certain rehabilitation goals.
B) Act or conduct that increases the seriousness of an act.
C) Monetary penalties paid to the state as punishment for crime.
D) Fixed term sentences selected from a range determined by statute or guidelines where there is no chance of parole.
E) Act or conduct that lessens or reduces the punishment for a crime.
F) Money paid to crime victims to help make them whole.
G) The shortest possible sentence for a given crime under an indeterminate sentencing scheme.
H) The sentencing scheme where judges have the most flexibility in sentencing.
I) Latin; by itself, in and of itself.
J) Sentences lengthened by aggravating factors such as for hate crimes.

Question 51

MATCHING

-Definite sentences

A) The sentencing scheme using a sentencing range where the prisoner can earn release after serving the minimum sentence by meeting certain rehabilitation goals.
B) Act or conduct that increases the seriousness of an act.
C) Monetary penalties paid to the state as punishment for crime.
D) Fixed term sentences selected from a range determined by statute or guidelines where there is no chance of parole.
E) Act or conduct that lessens or reduces the punishment for a crime.
F) Money paid to crime victims to help make them whole.
G) The shortest possible sentence for a given crime under an indeterminate sentencing scheme.
H) The sentencing scheme where judges have the most flexibility in sentencing.
I) Latin; by itself, in and of itself.
J) Sentences lengthened by aggravating factors such as for hate crimes.

Question 52

MATCHING

-Mandatory minimum sentences

A) The sentencing scheme using a sentencing range where the prisoner can earn release after serving the minimum sentence by meeting certain rehabilitation goals.
B) Act or conduct that increases the seriousness of an act.
C) Monetary penalties paid to the state as punishment for crime.
D) Fixed term sentences selected from a range determined by statute or guidelines where there is no chance of parole.
E) Act or conduct that lessens or reduces the punishment for a crime.
F) Money paid to crime victims to help make them whole.
G) The shortest possible sentence for a given crime under an indeterminate sentencing scheme.
H) The sentencing scheme where judges have the most flexibility in sentencing.
I) Latin; by itself, in and of itself.
J) Sentences lengthened by aggravating factors such as for hate crimes.

Question 53

MATCHING

-Enhanced sentences

A) The sentencing scheme using a sentencing range where the prisoner can earn release after serving the minimum sentence by meeting certain rehabilitation goals.
B) Act or conduct that increases the seriousness of an act.
C) Monetary penalties paid to the state as punishment for crime.
D) Fixed term sentences selected from a range determined by statute or guidelines where there is no chance of parole.
E) Act or conduct that lessens or reduces the punishment for a crime.
F) Money paid to crime victims to help make them whole.
G) The shortest possible sentence for a given crime under an indeterminate sentencing scheme.
H) The sentencing scheme where judges have the most flexibility in sentencing.
I) Latin; by itself, in and of itself.
J) Sentences lengthened by aggravating factors such as for hate crimes.

Question 54

MATCHING

-Fines

A) The sentencing scheme using a sentencing range where the prisoner can earn release after serving the minimum sentence by meeting certain rehabilitation goals.
B) Act or conduct that increases the seriousness of an act.
C) Monetary penalties paid to the state as punishment for crime.
D) Fixed term sentences selected from a range determined by statute or guidelines where there is no chance of parole.
E) Act or conduct that lessens or reduces the punishment for a crime.
F) Money paid to crime victims to help make them whole.
G) The shortest possible sentence for a given crime under an indeterminate sentencing scheme.
H) The sentencing scheme where judges have the most flexibility in sentencing.
I) Latin; by itself, in and of itself.
J) Sentences lengthened by aggravating factors such as for hate crimes.

Question 55

MATCHING

-Restitution

A) The sentencing scheme using a sentencing range where the prisoner can earn release after serving the minimum sentence by meeting certain rehabilitation goals.
B) Act or conduct that increases the seriousness of an act.
C) Monetary penalties paid to the state as punishment for crime.
D) Fixed term sentences selected from a range determined by statute or guidelines where there is no chance of parole.
E) Act or conduct that lessens or reduces the punishment for a crime.
F) Money paid to crime victims to help make them whole.
G) The shortest possible sentence for a given crime under an indeterminate sentencing scheme.
H) The sentencing scheme where judges have the most flexibility in sentencing.
I) Latin; by itself, in and of itself.
J) Sentences lengthened by aggravating factors such as for hate crimes.

Question 56

MATCHING

-Per se

A) The sentencing scheme using a sentencing range where the prisoner can earn release after serving the minimum sentence by meeting certain rehabilitation goals.
B) Act or conduct that increases the seriousness of an act.
C) Monetary penalties paid to the state as punishment for crime.
D) Fixed term sentences selected from a range determined by statute or guidelines where there is no chance of parole.
E) Act or conduct that lessens or reduces the punishment for a crime.
F) Money paid to crime victims to help make them whole.
G) The shortest possible sentence for a given crime under an indeterminate sentencing scheme.
H) The sentencing scheme where judges have the most flexibility in sentencing.
I) Latin; by itself, in and of itself.
J) Sentences lengthened by aggravating factors such as for hate crimes.

Question 57

MATCHING

-Aggravating circumstance

A) The sentencing scheme using a sentencing range where the prisoner can earn release after serving the minimum sentence by meeting certain rehabilitation goals.
B) Act or conduct that increases the seriousness of an act.
C) Monetary penalties paid to the state as punishment for crime.
D) Fixed term sentences selected from a range determined by statute or guidelines where there is no chance of parole.
E) Act or conduct that lessens or reduces the punishment for a crime.
F) Money paid to crime victims to help make them whole.
G) The shortest possible sentence for a given crime under an indeterminate sentencing scheme.
H) The sentencing scheme where judges have the most flexibility in sentencing.
I) Latin; by itself, in and of itself.
J) Sentences lengthened by aggravating factors such as for hate crimes.

Question 58

MATCHING

-Mitigating circumstance

A) The sentencing scheme using a sentencing range where the prisoner can earn release after serving the minimum sentence by meeting certain rehabilitation goals.
B) Act or conduct that increases the seriousness of an act.
C) Monetary penalties paid to the state as punishment for crime.
D) Fixed term sentences selected from a range determined by statute or guidelines where there is no chance of parole.
E) Act or conduct that lessens or reduces the punishment for a crime.
F) Money paid to crime victims to help make them whole.
G) The shortest possible sentence for a given crime under an indeterminate sentencing scheme.
H) The sentencing scheme where judges have the most flexibility in sentencing.
I) Latin; by itself, in and of itself.
J) Sentences lengthened by aggravating factors such as for hate crimes.