Exam 15: Sentencing and Appeal

All of the following actions are permissible by a court of appeals,except

Execution is not considered to be "cruel and unusual punishment."

When a judge sentences a person convicted of misdemeanor theft to a 20-year sentence,this sentence could be challenged on the grounds of

The United States Supreme Court,like many top state appellate courts,has the power to refuse to hear certain appeals.This power is called

An appeal of a case is essentially another trial of the case.

The death penalty can be imposed in any conviction for a first-degree murder case.

In some cases,when defendants are charged with a crime,their personal assets can be seized and forfeited to the state.

Whipping is considered to be "cruel and unusual punishment."

In many states,the victim of the crime is permitted to address the court to explain the impact that the crime has had on him or her.This is called a

There is at least one category of cases that all appellate courts must hear (or that they lack the power to decline to hear).What is this category?

A challenge to the defendant's incarceration based on the principle that there must be a legal ground to hold the prisoner and often used as an additional appellate procedure is

The sentence must be proportional to the crime.

The jury imposes the sentence on the defendant.

In order to receive the death penalty,a defendant must have

In some states,private companies have gotten into the business of running prisons.

When a judge enters a sentence against a convicted defendant,he or she can take into account

In a death penalty case,there are really two trials.In the first trial,the jury decides guilt or innocence.In the second phase,they decide whether the defendant's actions warrant death. This procedure is referred to as

Sentencing guidelines take away much of the discretion that judges formerly enjoyed in sentencing defendants.

If probationers commit another crime while serving probation,they can be sent back to prison to serve out their first sentence.

The appellate court publishes its decision in a(n)