Deck 8: Criminal Punishments

Question 1

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 1

A

Question 2

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."

Answer 2

True

Question 3

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 3

C

Question 4

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.
C)fair trials in criminal cases.
D)an attorney in criminal cases.

Question 5

The use of a firearm or dangerous weapon while committing a crime frequently serves as a basis for sentence enhancement.

Question 6

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.

Question 7

A long criminal record would be an aggravating factor while no previous criminal record would be a mitigating factor.

Question 8

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.

Question 9

Blakely v. Washington , 124 S. Ct. 2531 (2004), applied the reasoning of Apprendi to state sentencing systems.

Question 10

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."

Question 11

The death penalty may not be imposed upon a person determined to be insane.

Question 12

The United States Supreme Court has stated that life imprisonment without parole for juvenile offenders does not violate the Cruel and Unusual Punishment clause.

Question 13

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.

Question 14

Corporal punishment in public schools violates the Eighth Amendment.

Question 15

The Federal Sentencing Guidelines are no longer: ​

A)mandatory.
B)discretionary.
C)applicable.
D)fair.

Question 16

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. ​

Question 17

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.

Question 18

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.

Question 19

The Apprendi opinion caused many changes in sentencing procedures and also resulted in many reversals of sentences handed down by trial judges.

Question 20

In 1972, the Supreme Court, in Furman v. Georgia , invalidated all existing state death penalty laws.

Question 21

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.

Question 22

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.

Question 23

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.

Question 24

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

Question 25

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.

Question 26

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.

Question 27

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.

Question 28

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.

Question 29

______ 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

Question 30

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.

Question 31

Fines, like other types of punishment, must be: ​

A)balanced.
B)contingent.
C)pro-rated.
D)proportional.

Question 32

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

Question 33

______ defendants can be given the death penalty. ​

A)Mentally retarded
B)Juvenile
C)Female
D)Insane

Question 34

The Eighth Amendment prohibits the imposition of ______ fines. ​

A)excessive
B)proportional
C)mitigating
D)monetary

Question 35

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.

Question 36

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.

Question 37

The Apprendi opinion caused many changes in: ​

A)sentencing procedures.
B)jury procedures.
C)misdemeanor trial procedures.
D)wording of three strikes laws.

Question 38

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.

Question 39

The ______ case established the steps for a proportionality review of a non-capital sentence. ​

A)Solem
B)Apprendi
C)Blakely
D)Miranda

Question 40

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

Question 41

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

Question 42

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.

A)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: ​
B)Bill's Eighth Amendment rights.
C)a procedural due process claim.
D)a substantive due process claim.
E)a violation of enhanced sentencing guidelines.

Question 43

A(n) ______ sentence would result in the shortest time a defendant would serve. ​

A)consecutive
B)concurrent
C)conditional
D)enhanced

Question 44

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.

A)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: ​
B)jury.
C)judge.
D)prosecuting attorney.
E)defense attorney.

Question 45

______ is inflicting deadly injury as a punishment for criminal offenses. ​

A)Capital punishment
B)Corporal punishment
C)Forfeiture
D)A fine

Question 46

One medieval limit on capital punishment was called the: ​

A)benefit of clergy.
B)king's pardon.
C)bribery.
D)levying of fines.

Question 47

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.

A)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: ​
B)Bill's Eighth Amendment rights.
C)a procedural due process claim.
D)a substantive due process claim.
E)a violation of enhanced sentencing guidelines.

Question 48

______ is inflicting nondeadly physical injury as punishment for criminal conduct. ​

A)Corporal
B)Capital
C)Conditional
D)Forfeiture

Question 49

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 principal. Bill is arrested and now stands trial for murder.

A)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. ​
B)aggravating
C)mitigating
D)random and capricious
E)arbitrary and illogical

Question 50

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.

A)Bill's lawyer then reads up on the case of Ingraham v. Wright and realizes that a claim based on ____ would not succeed. ​
B)Bill's Eighth Amendment rights
C)a procedural due process claim
D)a substantive due process claim
E)None of these choices.

Question 51

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.

A)The loss by Fred of his car is an example of: ​
B)forfeiture.
C)fine.
D)free speech.
E)unlawful search and seizure.

Question 52

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

Question 53

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 principal. Bill is arrested and now stands trial for murder.

A)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. ​
B)aggravating
C)mitigating
D)random and capricious
E)arbitrary and illogical

Question 54

______ is seizure of the property that was used to commit a crime. ​

A)Corporal
B)Capital offense
C)A fine
D)Forfeiture

Question 55

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.

A)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. ​
B)balancing
C)scales of justice
D)proportionality
E)moderation

Question 56

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 principal. Bill is arrested and now stands trial for murder.

A)Bill's defense attorney calls the school psychiatrist, who testifies that Bill is clinically insane. The effect of this information is that: ​
B)Bill will be sentenced to a maximum of twenty years in prison.
C)Bill will not face the death penalty
D)Bill will immediately be released.
E)The judge will immediately declare a mistrial.

Question 57

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.

A)Bill's parent's intend to sue the high school because: ​
B)swallowing the tobacco violates Bill's Eighth Amendment rights.
C)swallowing the tobacco amounted to illegal forfeiture.
D)Bill was denied an attorney.
E)swallowing the tobacco violates Bill's right to equal protection.

Question 58

_____ 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

Question 59

Mutilation is an example of ______  punishment. ​

A)corporal
B)capital
C)conditional
D)forfeiture

Question 60

______ is the payment of money as part of a defendant's sentence. ​

A)Seizure
B)Capital offense
C)Fine
D)Forfeiture

Question 61

To impose the death penalty, the jury must find the existence of a(n) __________ circumstance.

Question 62

Inflicting deadly injury as a punishment for criminal offenses is called _____.

Question 63

The Eighth Amendment Cruel and Unusual Punishment Clause is not applicable to the use of corporal punishment for ____ purposes in public schools.

Question 64

In the Middle Ages in England, a ____ was a religious place where criminals could take refuge.

Question 65

The ban on cruel and unusual punishments requires that punishments be ____________ to the seriousness of the offense.

Question 66

Sentences that are to be served ____ are served at the same time.

Question 67

Explain the protections, if any, that a public school student has with regard to the school's use of corporal punishment.

Question 68

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.

Question 69

The ___________ Amendment prohibits execution of a prisoner who is insane.

Question 70

In 1972, in the case of ___________ v. Georgia , the US Supreme Court invalidated all existing state death penalty statutes.

Question 71

One who is a habitual criminal is called a _____.

Question 72

Sentence enhancement statutes are used to ____________ the period of incarceration the defendant may be ordered to serve.

Question 73

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.

Question 74

The seizure of property of people charged with or convicted of crime is called ____.

Question 75

Discuss the holding in the case of United States v. Booker (2005). Explain how this case impacted the Federal Sentencing Guidelines.

Question 76

Death penalty statutes allow the jury to impose a sentence other than the death penalty if they find a ____________ circumstance.

Question 77

Explain what is meant by "proportionality" with reference to criminal sentencing.

Question 78

Explain the Supreme Court's decision in Furman v. Georgia (1972) and highlight three recent Supreme Court decisions about the death penalty since 1972.

Question 79

Identify three groups of persons who cannot be given the death penalty. Discuss one of the cases regarding the exclusion of one of these groups.

Question 80

Laws that impose increased penalties for multiple felony convictions are called ____ laws.