Question 1

The traditional legal doctrine which held that criminal cases could not be appealed if the sentence had been satisfied is called the __________.

Accepted Answer

The answer of The traditional legal doctrine which held that...

Question 2

Justices on the U.S. Supreme Court are divided on whether the proportionality principle applies to sentences of imprisonment.

Accepted Answer

Some justices have argued that the proportionality principle, which holds that punishment should be proportionate to the severity of the crime committed, should apply to sentences of imprisonment, while others believe that it does not have a place in the context of criminal sentencing.

Question 3

The ______________ of 1996 substantially amends and narrows the federal habeas corpus rights of both state and federal prisoners.

Accepted Answer

The answer of The ______________ of 1996 substantially amends and...

Question 4

In the case Apprendi v. New Jersey (2000), the Supreme Court ruled that any fact that increases the penalty for a crime beyond what is provided as the statutory maximum punishment (with the exception of the fact that the defendant has a prior criminal conviction), must be submitted to the jury and proved beyond a reasonable doubt.

Accepted Answer

The Supreme Court in Apprendi v. New Jersey held that any fact that increases the penalty for a crime beyond the statutory maximum must be submitted to a jury and proved beyond a reasonable doubt, except for prior convictions.

Question 5

Not every state has created a statutory right to appeal a criminal conviction.

Accepted Answer

The answer of Not every state has created a statutory...

Question 6

In the case Lockyer v. Andrade (2003), the Supreme Court ruled that it was a violation of
the Eighth Amendment's cruel and unusual punishment clause to sentence Andrade to 25 years to life imprisonment for petty theft under the state's three strikes law.

Accepted Answer

The answer of In the case Lockyer v. Andrade (2003),...

Question 7

Every state jurisdiction has created a statutory right to appeal.

Accepted Answer

This statement is true. In the United States, every state jurisdiction has established a statutory right to appeal which allows parties to appeal a court's decision to a higher court.

Question 8

Parole boards and prison administrators determine the exact release date within sentences prescribed by judges and legislatures in the __________.

Accepted Answer

The answer of Parole boards and prison administrators determine the...

Question 9

Legislatures prescribe specific penalties that judges and administrative agencies cannot alter in the __________.

Accepted Answer

The answer of Legislatures prescribe specific penalties that judges and...

Question 10

Proceedings which attack the trial court's judgment of conviction as part of the same case are __________.

Accepted Answer

The answer of Proceedings which attack the trial court's judgment...

Question 11

____________________ relies heavily on the discretion of judges and parole boards in exercising sentencing authority.

Accepted Answer

The answer of ____________________ relies heavily on the discretion of...

Question 12

Statistics indicate that there is a pronounced racial disparity in death sentences.

Accepted Answer

Research and data analyses have consistently shown that racial disparities exist in the application of the death penalty, with minority groups, particularly African Americans, being disproportionately sentenced to death compared to their white counterparts.

Question 13

A defendant's youthful age at the time he committed a murder is considered an aggravating factor in most death penalty sentencing statutes.

Accepted Answer

Youthful age is generally considered a mitigating factor, not an aggravating one, in death penalty sentencing, as it may indicate a lack of maturity and potential for rehabilitation.

Question 14

Mandatory minimum sentences shift discretion from judges to prosecutors.

Accepted Answer

Mandatory minimum sentences limit the judge's ability to use discretion and often require a set sentence for a specific crime. This shifts more power to prosecutors, who have the ability to determine which charges to file and negotiate plea bargains with defendants that can avoid such sentences.

Question 15

According to the broad view of habeas corpus, the 1867 Habeas Corpus Act authorizes courts to review the entire state proceeding to determine if there was a violation of a defendant's constitutional rights.

Accepted Answer

The 1867 Habeas Corpus Act expanded the scope of federal habeas corpus review to include state court proceedings and allowed federal courts to determine whether a person is being held in violation of their constitutional rights, not just procedural errors. This is the broad view of habeas corpus.

Question 16

Judges prescribe sentences within broad formal contours set by legislative acts in the __________.

Accepted Answer

The answer of Judges prescribe sentences within broad formal contours...

Question 17

The rule that an alleged error at trial may be raised on appeal even if the error was not objected to at trial so long as it was a clear error affecting substantial rights and causing manifest injustice is called __________.

Accepted Answer

The answer of The rule that an alleged error at...

Question 18

Research indicates that mandatory minimum sentences actually introduce disparity in sentencing.

Accepted Answer

Research has shown that mandatory minimum sentences disproportionately affect minority populations and those with lower socio-economic status. Judges are often unable to consider individual circumstances and may be forced to impose a minimum sentence even if it is not appropriate for the specific case. This can lead to disparities in sentencing outcomes.

Question 19

A type of fixed sentence that prescribes a non-discretionary amount of prison time that all offenders convicted of the offense must serve is ___________________________.

Accepted Answer

The answer of A type of fixed sentence that prescribes...

Question 20

_________ demands that government justify the detention and incarceration of prisoners.

Accepted Answer

The answer of _________ demands that government justify the detention...

Quiz 14: Legal Liabilities of Law Enforcement Officers