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 Apprendiand 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c. no longer applicable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 Apprendito

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.”

True

False 

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

True

False 

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

True

False

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

True

False 

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

True

False 

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