LEG 320 Week 5 Quiz – Strayer

LEG 320 Week 5 Quiz – Strayer

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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c.	no longer applicable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
d.	subject to a proportionality test, i.e., the sentence fits the crime

22.       Which of the following is NOT characteristic of career-criminal programs?

a.	longer sentences
b.	encourages plea bargaining
c.	speeds up prosecution of the defendant
d.	development of special units within law enforcement agencies

23.       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

24.       What case established the steps for a proportionality review of a non-capital sentence?

a.	the Solem case
b.	the Apprendi case
c.	the Blakely case
d.	the Miranda case

25.       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

26.       The Apprendi opinion caused many changes in

a.	sentencing procedures
b.	jury procedures
c.	misdemeanor trial procedures
d.	wording of three strikes laws

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

28.       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

29.       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

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 answers are correct

TRUE/FALSE

1.         The Eighth Amendment of the U.S. 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.”

2.         Corporal punishment in public schools violates the Eighth Amendment.

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

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

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

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

7.         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.

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

9.         In 1984 the federal government passed the Truth in Sentencing law (TIS), which encouraged states to pass sentencing laws that guaranteed a defendant served the entire time sentenced rather than just a few years.

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

COMPLETION

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

2.         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.

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

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

5.         In 1972, in the case of ___________v. Georgia, the U.S. Supreme Court invalidated all existing state death penalty statutes.

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

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

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

9.         In the 1972 case of Furman v. Georgia, death penalty laws in all states were struck down as “arbitrary and                          ” by the U.S. Supreme Court.

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

CHAPTER 9

FREE SPEECH, “STREET CRIMES,” AND THE BILL OF RIGHTS

MULTIPLE CHOICE

1.         One test for when government can ban speech because of its potential for harm is the

a.	clear and present danger test
b.	obvious and current harm test
c.	contingent and imminent injury test
d.	overt and contemporary peril test

2.         Which of the following are forms of speech that are NOT protected by the First Amendment?

a.	political speech
b.	commercial communications
c.	fighting words
d.	advertising

3.         The fighting words exception to First Amendment protection generally requires

a.	the use of obscenity
b.	face-to-face confrontation
c.	a defamatory message
d.	vulgar language

4.         Symbolic speech such as uniforms, religious garb, black armbands, and hand gestures express messages and ideas and are protected by the

a.	First Amendment
b.	Second Amendment
c.	Third Amendment
d.	Fourth Amendment

5.         A statute forbidding persons not in custody from making false statements to law enforcement officers, even if not under oath, would

a.	not violate the First Amendment
b.	violate the First Amendment
c.	violate the privilege against self-incrimination
d.	violate due process

6.         Patently offensive sexual material which is not protected by the First Amendment would be

a.	pornography
b.	obscenity
c.	profanity
d.	blasphemy

7.         In determining whether something is obscene, the court will view the material from the point of view of

a.	expert witnesses
b.	a reasonable police officer
c.	the average person applying community standards
d.	a person well acquainted with art and literature

8.         Public use of vulgar, profane, or indecent language or signs

a.	is generally protected speech
b.	is never protected by the First Amendment
c.	violates the First Amendment only if it is offensive to the general public
d.	is automatically considered a breach of the peace

9.         The offense of inciting occurs

a.	if the person incited actually commits the crime
b.	if the person inciting participates in the criminal act
c.	even if the unlawful act is never actually committed
d.	if the inciting words are expressed in a loud and forceful voice

10.       The crime of inciting occurs when speech or communication urges

a.	violent lawless action
b.	imminent lawless action
c.	obscene lawless action
d.	felonious lawless action

11.       The two forms of defamation are

a.	past and imminent
b.	libel and slander
c.	latent and patent
d.	dangerous and offensive

12.       What is the name given to speech which injures the character or reputation of another by written communication?

a.	slander
b.	libel
c.	extortion
d.	false publication

13.       Defamation is the communication of false statements that

a.	cause another to commit a breach of the peace
b.	pose a clear and present danger
c.	are patently offensive
d.	damage the reputation of another

14.       Which of the following has NOT been considered to be a “true threat”?

a.	threats against public officials
b.	threats by schoolchildren against teachers or other students
c.	terrorist threats
d.	all of these have been considered to be “true threats”

15.       Which of the following are ways one person might stalk another person?

a.	spying on the victim
b.	following the victim
c.	e-mailing the victim
d.	all of these are ways one person might stalk another person

16.       In District of Columbia v. Heller, 128 S.Ct. 2783 the U.S. Supreme Court held that the Second Amendment was a

a.	private right
b.	state right
c.	federal right
d.	government right

17.       Speech that, because it will likely incite immediate violence, is not protected by the First Amendment is known as

a.	fighting words
b.	obscenity
c.	rude language
d.	incitement

18.       The test used to judge government restrictions on speech is called the

a.	clear and present danger test
b.	libel and slander test
c.	stalking test
d.	violence test

                                          

19.       Using the U.S. mail or e-mail to convey a threat of violence is

a.	a form of pure speech
b.	a form of symbolic speech
c.	considered fighting words
d.	a violation of federal law

20.       When a city or state restricts conduct in public places

a.	it must have proof that the conduct is or will be harmful
b.	the public place must attract large numbers of people
c.	the restrictions must not be aimed at speech
d.	it must show it has a significant interest in placing restrictions and they must be no greater than necessary

21.       Which of the following is NOT one of the guidelines for American courts to define obscenity established in the 1973 case of Miller v. California?

a.	Whether “the average person applying contemporary community standards” would find that the work, taken as a whole, appeals to the prurient interest.
b.	Whether the work or communication depicts or describes, in a patently offensive way, sexual conduct specifically defined by the applicable state law.
c.	Whether the work or communication, taken as a whole, lacks serious literary, artistic, political, or scientific value.
d.	all of these are guidelines established to define obscenity in the 1973 case of Miller v. California

22.       A person who lies to federal investigators can be charged under the

a.	Federal Fraudulent Claim Act
b.	Federal Obstruction of Investigation Act
c.	Federal Perjury Act
d.	Federal False Statement Act

23.       The offense of urging another to commit an unlawful act is

a.	inciting
b.	libel
c.	slander
d.	stalking

24.       The crime of unlawful assembly

a.	prohibits the assembly of people for an unlawful purpose or under circumstances that endanger the public peace
b.	prohibits political demonstrations without a permit
c.	allows the government to limit First Amendment speech
d.	was a common crime that most jurisdictions no longer recognize

25.       Stalking is a crime

a.	if the stalker actually harms the victim
b.	if the stalker attempts to harm the victim
c.	even if the stalker does not attempt to harm the victim
d.	if the victim can identify the stalker

26.       The Second Amendment refers to whose right to keep and bear arms?

a.	the states
b.	the militias
c.	the people
d.	the National Guard

27.       A state or federal gun control law is likely to

a.	violate the Second Amendment
b.	be supported by the NRA
c.	struck down by the federal court
d.	be upheld

28.       According to the U.S. Supreme Court, the following is not protected by the First   Amendment freedom of religion clause EXCEPT:

a.	worship
b.	violation of child labor laws
c.	polygamy
d.	handling dangerous animals in a religious ceremony

29.       The offense of injuring the character or reputation of another by oral or written communication of false statements is

a.	defamation
b.	libel
c.	slander
d.	stalking

30.       The First Amendment protects the freedom of religion, speech, free assembly, the press, and

a.	petitioning Government for redress of grievances
b.	suing Government for redress of grievances
c.	libeling Government for redress of grievances
d.	slandering Government for redress of grievances

TRUE/FALSE

1.         Freedom of speech is an absolute right.

2.         “Fighting words” are protected speech under the First Amendment.

3.         Local, state, or federal governments in the United States cannot forbid or suppress speech and punish the speaker unless the speech is likely to bring harm to people or property.

4.         According to the U.S. Supreme Court, it is the duty of law enforcement to define obscenity.

5.         Violations of restraining orders are not “true threats”.

6.         The offense of inciting another to commit a crime is not completed until the other person performs the unlawful act.

7.         Cyber stalking, or using the Internet to stalk or harass a person, is a variation on the usual physical acts in stalking.

8.         The Supreme Court has stated that the right to bear arms is a “fundamental right” made binding on states by the Due Process clause.

9.         An e-mail threat against all females will constitute a “true threat.”

10.       A person can stalk another by physically intruding into the other person’s life.

COMPLETION

1.         Under the First Amendment, government cannot forbid ________ unless it is likely to bring harm to people or property.

2.         All states have laws forbidding a breach of the peace, also known as _________ _________.

3.         The two main forms of __________ are libel and slander.

4.         Fighting words differ from ordinary rude language because they carry the possibility of inciting another to                         .

5.         Violation of a restraining order can subject the violator to a ________ charge.

6.         The use of public property is subject to ___________ regulations.

7.         First Amendment freedoms and the rights of expression in public places are not ___________.

8.         A clear and present danger is the possibility that some speech or conduct will bring harm to people or property                       .

9.         Obscenity is speech or other communication that appeals to a reasonable person’s prurient interest, describes in an offensive manner specific defined sexual conduct, and has no                                      social value.

10.       A person can stalk another by sending                        messages.