Deck 17: Have Three Strikes Laws Struck Out: Robert P Stallings Shannon Womer Phaneuf Jon Cooper

Question 1

Which of the following has not been a legal issue surrounding three-strikes legislation?

A) Double jeopardy.
B) Right to bear arms.
C) Judicial discretion.
D) Cruel and unusual punishment.

Answer 1

B

Question 2

Since the 1960s, which philosophy of punishment best describes the U.S. criminal justice system?

A) Rehabilitative.
B) Lenient.
C) Punitive.
D) Reintegrative.

Answer 2

C

Question 3

Three-strikes laws seek to address which type of criminal?

A) First-time offenders.
B) Habitual offenders.
C) Sex offenders.
D) Property offenders.

Answer 3

B

Question 4

Which state was the first to enact three-strikes legislation?

A) California.
B) Washington.
C) Pennsylvania.
D) Oregon.

Question 5

Which of the following statements best summarizes the empirical evidence on three-strikes legislation?

A) Overall, three-strikes implementation has contributed significantly to decreasing crime rates.
B) There is a complete lack of evidence supporting the effectiveness of three-strikes laws.
C) When examined as a specific deterrent, three-strikes laws appear to have an impact on offenders with two strikes; however, the overall effect is small and research is generally mixed.
D) Three-strikes laws have a substantial general deterrent effect.

Question 6

What types of offenders have been most affected by the net widening associated with three-strikes laws?

A) Less serious offenders.
B) Habitual offenders.
C) Violent offenders.
D) Misdemeanants.

Question 7

Which sentencing approach best describes three-strikes laws?

A) Subjective.
B) Mandatory.
C) Indeterminate.
D) Collective incapacitation.

Question 8

Which statement best describes the Supreme Court's interpretation of three-strikes laws?

A) Sentencing enhancement based on three-strikes legislation does not violate the Eighth Amendment because there has been no clearly established precedent for punishment proportionality.
B) Judges have full discretion to disregard a three-strikes law recommended sentence.
C) Three-strikes laws violate the Constitution's double jeopardy clause because sentences can be enhanced based on prior offenses.
D) The Court has clearly established a proportionality test to determine whether a sentence is disproportionate to the crime committed.

Question 9

What statute in California changed aspects of three-strikes laws by authorizing resentencing for offenders currently serving life sentences for a nonserious or nonviolent third-strike conviction?

A) Proposition 66.
B) Proposition 36 (2012).
C) Brown v. Plata (2011).
D) Proposition 36 (2002).

Question 10

Which Supreme Court decision has clearly upheld the constitutionality of three-strikes legislation?

A) People v. Superior Court (Romero) (1996).
B) Harmelin v. Michigan (1991).
C) Solem v. Helm (1983).
D) Ewing v. California (2003).