Deck 14: After Conviction

Question 1

Which of the following is FALSE about the history of sentencing?

A)The concern over judicial discretion in sentencing has an ancient heritage.
B)Fixed sentencing prevailed from the 1600s until the latter part of the 1800s.
C)A shift toward indeterminate sentences began in the latter part of the 1800s.
D)In the 20^th century,fixed sentences totally dominated criminal sentencing.

Answer 1

D

Question 2

Mandatory minimum sentences shift discretion from judges to prosecutors.

Answer 2

True

Question 3

A proceeding to review the constitutionality of detention or imprisonment is referred to as stare decisis.

Answer 3

False

Question 4

The criminal process is a blend of the formal law of criminal procedure and the informal influences that enter the process by way of discretion.

Question 5

Fixed (determinate)sentencing:

A)is currently the only form of sentencing in all jurisdictions in the U.S.
B)is currently not in favor in any U.S.jurisdiction.
C)shares the stage with indeterminate sentencing but is being adopted by more and more jurisdictions.
D)is only found in mandatory minimum statutes.

Question 6

Throughout history,fixed sentences have totally dominated criminal sentencing.

Question 7

By 1970,which of the following ideas did NOT dominate thinking about sentencing?

A)Sentencing should have rehabilitation of the offender at least as a partial goal.
B)Repeat career criminals require severe punishment to incapacitate them.
C)Many offenders deserve severe punishment because they have committed serious crimes.
D)All crimes deserve some punishment to retain the deterrent potency of the criminal law.

Question 8

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.

Question 9

In the U.S. ,indeterminate sentencing was the dominant form of sentencing until the 1970s,when several forces came together to oppose it.These forces included all of the following,EXCEPT:

A)reformers concerned about harsh,fixed sentences.
B)public discontent with rehabilitation.
C)individual rights advocates who opposed the informal discretionary power of judges.
D)increased demands for formal accountability throughout the criminal justice system.

Question 10

A discretionary order of the Supreme Court to review a lower court decision is called a writ of review or a writ of
certiorari.

Question 11

By the early 1970s,there was a consensus among law enforcement officials,prisoners' groups,reformers,and
bureaucrats that indeterminate sentencing should be replaced with a more determinate sentencing system.

Question 12

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

Question 13

Indeterminate sentencing requires a judge to impose a nondiscretionary minimum period of incarceration that everyone convicted of that crime must serve.

Question 14

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

Question 15

Fixed sentencing has two primary forms - sentencing guidelines and discretion.

Question 16

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.

Question 17

Throughout American history,which of the following institutions has NOT exercised sentencing power?

A)Police
B)The legislature
C)The judiciary
D)Administrative agencies

Question 18

After conviction,a criminal defendant is still presumed not guilty during the appeal process.

Question 19

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

Question 20

Every state jurisdiction has created a statutory right to appeal.

Question 21

Which types of crimes are the main targets of mandatory minimum sentencing?

A)Sex offenses.
B)Theft offenses.
C)Regulatory crimes.
D)Drug offenses and crimes committed with a weapon.

Question 22

Sentencing guidelines are a response to demands from both experts and the public for all of the following EXCEPT:

A)uniformity in sentencing.
B)certainty and truth in sentencing.
C)increased rehabilitation of offenders.
D)retribution,deterrence,and incapacitation.

Question 23

The writ of certiorari:

A)requires the Supreme Court to hear and decide a case.
B)is a request to a court to decide on the legality of a prisoner's incarceration.
C)is a discretionary writ,which allows the Supreme Court to either agree or not agree to hear and decide a case.
D)mandates a party to turn over evidence to the other party in the case.

Question 24

Concerning mandatory minimum sentencing laws,evaluations conducted by the U.S.Sentencing Commission found that:

A)mandatory minimum sentences eliminate discretion.
B)mandatory minimum sentences actually introduce disparity in sentencing.
C)mandatory minimum sentencing provisions are used in almost all cases for sentencing.
D)offenders sentenced to mandatory minimum sentences have higher recidivism rates.

Question 25

Which of the following is NOT a legitimate sentencing model?

A)Administrative Sentencing Model
B)Police Sentencing Model
C)Legislative Sentencing Model
D)Judicial Sentencing Model

Question 26

The U.S.Supreme Court has increasingly denied petitions for writ of certiorari thus reducing the number of cases it will review.The following two doctrines limit the scope of state appellate review:

A)the raise-or-waive doctrine and the collateral consequences doctrine.
B)the mootness doctrine and the collateral doctrine.
C)the mootness doctrine and the raise or waive doctrine.
D)the mootness doctrine and the plain-error rule.

Question 27

The Boggs Act (1951)signaled a shift to what type of sentences?

A)Sentences based on sentencing guidelines
B)Indeterminate sentences
C)Mandatory minimum sentences
D)Determinate sentences

Question 28

Which court case ruled that the U.S.Sentencing Guidelines are advisory but that they enjoy the presumption of reasonableness?

A)U.S.v.Booker
B)Rita v.U.S.
C)Apprendi v.New Jersey
D)Gall v.U.S.

Question 29

According to the U.S.Supreme Court,the death penalty is not cruel and unusual punishment if:

A)it is automatically applied to all murderers.
B)aggravating circumstances can support it.
C)there is a review procedure to ensure against discriminatory application.
D)judges and juries both agree in a particular case that death is appropriate.

Question 30

_________ sentencing is tailoring punishment to suit the criminal and puts the power to sentence in the hands of judges and parole boards.

A)Fixed
B)Determinate
C)Indeterminate
D)Presumptive

Question 31

Research shows that:

A)Whites who kill blacks are more likely to receive the death penalty.
B)Blacks and Whites who kill Whites are more likely to receive the death penalty than either Blacks who kill Blacks or Whites who kill Blacks.
C)Blacks who kill Blacks are just as likely to receive the death penalty as Whites who kill Blacks.
D)The race of the victim does not affect the likelihood of an offender receiving the death penalty.

Question 32

Sentences determined under sentencing guidelines are based primarily on a combination of the:

A)seriousness of the crime and the offender's age.
B)seriousness of the crime and the harm caused to the victim.
C)offender's criminal history and whether the crime was violent.
D)seriousness of the crime and the offender's criminal history.

Question 33

In the administrative sentencing model,who prescribes the range of allowable prison times for particular crimes?

A)Judges and the legislature
B)The legislature
C)Judges
D)Only the judge that hears the case

Question 34

In Lockyer v.Andrade (2003),the Supreme Court held that a 25-year to life sentence for petty theft under the state's three strikes law:

A)violated the Constitution because it was disproportionate to Andrade's crime.
B)did not violate the Constitution and was justified by the state's interest in incapacitating and deterring repeat offenders.
C)violated the Constitution because it was cruel and unusual punishment.
D)did not violate the Constitution because the Eighth Amendment doesn't apply to state sentences.

Question 35

According to the Supreme Court with regard to appeals,states:

A)must allow one appeal as a matter of right in all criminal cases.
B)must allow one appeal as a matter of right in all felony cases.
C)must allow one appeal as a matter of right in all criminal cases to which the right to a jury trial attaches.
D)need not provide any appeal at all.

Question 36

Which of the following is NOT considered a mitigating circumstance in a death penalty case?

A)Killing to avoid arrest
B)No significant prior criminal record
C)Minor participant in the murder
D)Youth at the time of the murder

Question 37

Which of the following is NOT one of the aims of criminal punishment that mandatory minimum sentences attempt to satisfy?

A)Retribution
B)Rehabilitation
C)Incapacitation
D)Deterrence

Question 38

A majority of the U.S.Supreme Court Justices agree that the principle of proportionality applies to:

A)death sentences.
B)sentences leading to imprisonment.
C)death sentences and sentences leading to imprisonment.
D)sentencing leading to imprisonment and probation.

Question 39

Which of the following would NOT be considered an aggravating factor in a death penalty case?

A)Prior conviction of a misdemeanor
B)Killing to avoid arrest
C)Felony murder
D)Killing during escape from lawful custody

Question 40

Which of the following was NOT among the reasons for repeal of mandatory minimum sentences for drug offenses in the early 1970s?

A)Alienation of youth from general society
B)Belief that the war on drugs was ending
C)Hampering the rehabilitation of drug offenders
D)Reduction of the deterrent of drug laws,because even prosecutors thought the penalties were too harsh

Question 41

A habeas corpus proceeding which is a separate civil action that does not challenge the guilt of the defendant,but instead the lawfulness of the defendant's imprisonment is referred to as a(n):

A)collateral attack.
B)writ of error
C)injunction
D)collateral estoppel

Question 42

According to the raise or waive doctrine,a defendant must make objections at trial in order to preserve those issues for appeal.This is called the_________doctrine.

A)judicial economy
B)collateral consequences
C)habeas corpus
D)mootness

Question 43

Lockyer v.Andrade (2003)dealt with which of the following constitutional questions?

A)Proportionality of a death sentence in a child rape and assault case
B)Acceptability of sentencing a convicted felon in absentia
C)Permissibility of a 50 year sentence for shoplifting under a "three strikes" law
D)Denial of a duly filed habeas corpus petition seeking judicial relief

Question 44

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

Question 45

In Booker v.U.S. ,the Supreme Court ruled that the Federal Sentencing Guidelines:

A)are advisory,but enjoy a presumption of reasonableness.
B)are advisory and judges can depart without explanation.
C)are mandatory for all federal crimes.
D)are mandatory for certain serious felonies.

Question 46

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

Question 47

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 the
rule.

Question 48

The writ of habeas corpus:

A)dates back to the 1867 Habeas Corpus Act.
B)is not mentioned in the U.S.Constitution.
C)has a long and distinguished history and protected Englishmen from tyrannical English kings.
D)has not been addressed by the U.S.Supreme Court in many opinions.

Question 49

_________ are vested with the sole authority in determinate sentencing schemes.

A)Legislators
B)Judges
C)Police officers
D)Prosecutors

Question 50

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

Question 51

During the Warren Court era of the Supreme Court,the Court:

A)took a narrow view of the Habeas Corpus Act of 1867.
B)took a broad view of the Habeas Corpus Act of 1867.
C)declared the Habeas Corpus Act of 1867 unconstitutional.
D)did not decide any cases dealing with the Habeas Corpus Act of 1867 .

Question 52

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

Question 53

An appeal from a trial court's judgment of conviction:

A)is considered a direct attack.
B)can be taken multiple times.
C)can only be taken if the trial court certifies there are important issues for the higher court to hear.
D)is the equivalent of habeas corpus.

Question 54

In Blakely v.Washington the U.S.Supreme Court:

A)in essence upheld Washington State's sentencing guideline scheme.
B)upheld the defendant's sentence,stating it complied with the ruling set forth in Apprendi v.New Jersey.
C)in essence,struck down Washington State's sentencing guideline scheme.
D)held that Washington State's sentencing guideline scheme was not implicated under the facts of this case in that it dealt only with a maximum not a minimum sentence.

Question 55

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

Question 56

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

Question 57

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

Question 58

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

Question 59

A state prisoner who seeks review of his case under a writ of habeas corpus in federal court can obtain review only if his claim:

A)is that he is innocent of the crime of which he was convicted.
B)is based on an alleged violation of a federal constitutional or statutory right.
C)is a search and seizure claim.
D)is a claim of ineffective assistance of counsel.

Question 60

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

Question 61

Identify the nature and circumstances of the right to appeal a conviction.

Question 62

Summarize the five main empirical findings on the effectiveness of mandatory minimum sentences.

Question 63

Compare and contrast sentencing guidelines and mandatory minimum sentences,and identify three aims of each type of sentence.

Question 64

Describe the progress through direct appeal and collateral attack.

Question 65

Summarize the limits on the rights of offenders at sentencing,and explain the reasons for the limits.