Deck 14: Sentencing and Appeals

Question 1

An offender is sentenced to 2 years in prison for aggravated robbery so as to send a message to other potential robbers of what will happen should they commit this crime. This is an example of which purpose of punishment?

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

Answer 1

A

Question 2

Sentences of imprisonment longer than 1 year are typically served in any but which of the following?

A)Local jails
B)State prisons
C)Federal prisons
D)All of the above are regularly used for long-term incarceration.

Answer 2

A

Question 3

According to the federal Anti-Drug Abuse Act of 1986 and its 1988 amendments, possession of a small amount of which drug is punished most severely?

A)Crack cocaine
B)Powder cocaine
C)Heroin
D)Marijuana

Answer 3

A

Question 4

Which of the following is not one of the reasons provided by the U.S. Supreme Court for use of the final judgment rule?

A)Such appeals would delay the trial unnecessarily.
B)Appeals during a trial would unduly interfere with the trial.
C)One appeal after the trial is finished is much more efficient than many mid-trial appeals.
D)Prosecutors would find it difficult to respond to such appeals before the case is concluded.

Question 5

Which of the following was not one of the aggravating circumstances of murder upheld in Gregg v. Georgia?

A)Defendant committed the murder while engaged in another dangerous felony.
B)Defendant intentionally killed a law an on-duty law enforcement officer.
C)Defendant murdered a family member.
D)The murder was carried out for hire.

Question 6

Which of the following was not given by the U.S. Supreme Court in Kennedy v. Mendoza-Martinez as a consideration as to whether a law is or is not criminal?

A)Whether the penalty imposed has been viewed as criminal in the past
B)Whether the population considers the action as deserving of criminal punishment
C)Whether the penalty involves a significant restraint on individual freedom
D)Whether the penalty is imposed due to an individual's intentional wrongdoing

Question 7

In which case did the U.S. Supreme Court first reject the assertion that the death penalty is in and of itself cruel and unusual?

A)Cunningham v. California
B)Furman v. Georgia
C)Gregg v. Georgia
D)In re Kemmler

Question 8

Which of the following sentences has not been deemed cruel and unusual via the Eighth Amendment?

A)Branding
B)Flogging
C)Hanging
D)Whipping

Question 9

Upon a felony conviction, a defendant is granted _____ automatic appeal(s).

A)no
B)1
C)2
D)3

Question 10

An offender is convicted of misdemeanor vandalism, but instead of being sentenced to jail, she is given 200 hours of community service, much of which is spent cleaning up her own graffiti and similar acts of vandalism. This is an example of which purpose of punishment?

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

Question 11

In which approach to sentencing are judges given the least amount of discretion in regard to how to punish an offender?

A)Determinate sentencing
B)Indeterminate sentencing
C)Mandatory minimum sentencing
D)Presumptive sentencing guidelines

Question 12

An offender is convicted of burglary and sentenced to a facility where he is confined from society but also receives counseling and job training in an attempt to prevent him from committing the offense again. This is an example of which purpose of punishment?

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

Question 13

In order to successfully challenge a seemingly neutral law of possessing a discriminatory impact, it must be shown that the law _____.

A)was created with discriminatory intent
B)has a discriminatory impact
C)has both a discriminatory impact and intent
D)was used against a defendant in a discriminatory manner

Question 14

An offender murders three people and is sentenced to die in the electric chair as just punishment for his acts. This is an example of which purpose of punishment?

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

Question 15

According to Smith v. Doe, are sex offender registration laws constitutional when considering ex post facto requirements of law?

A)Yes, the state has a vested interest in keeping the public safe.
B)Yes, sex offense is an especially heinous crime.
C)No, lifetime tracking is the equivalent of punishment.
D)No, the imposition against the offender's liberty outweighs state interests.

Question 16

A defendant who makes a statement prior to sentencing is said to be exercising his _____.

A)right of allocution
B)right of oration
C)right of soliloquy
D)right to be heard

Question 17

An offender is convicted of rape and sentenced to 30 years in prison. The judge says he would have imposed a greater sentence had the court been able if for no other reason than to remove the rapist from society for as long as possible. This is an example of which purpose of punishment?

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

Question 18

Old English common law punished felonies _____.

A)with the death penalty
B)with life in prison
C)by placing the offender in stocks
D)variably, depending on the specific offense

Question 19

Trial errors reviewed in an appeal are reviewed under the _____.

A)constitutionality standard
B)consumptive violation standard
C)harmless error standard
D)probable cause of damage standard

Question 20

The rule established in federal and state courts that allows for certain appeals to be made before a verdict is reached is known as the _____.

A)exigent appeal exception
B)interlocutory appeal exception
C)intervening appeal exception
D)mid-trial appeal exception

Question 21

The right of habeas corpus is found in _____.

A)Article 1 of the U.S. Constitution
B)Article 2 of the U.S. Constitution
C)the First Amendment
D)the Fourteenth Amendment

Question 22

_____ is the purpose of punishment where punishment is used to discourage future criminal acts.

Question 23

_____ is the purpose of punishment based on the concept of just deserts.

Question 24

In order to file for a writ of habeas corpus, a defendant must have exhausted all other possible appeals.

Question 25

If an individual is sentenced to three sentences of 2 years each and thus serves 6 years, how was his sentence served?

A)Concurrently
B)Simultaneously
C)Conjunctively
D)Consecutively

Question 26

Which type of sentence takes a one-size-fits-all approach to sentencing?

A)Indeterminate
B)Alternative sentencing schemes
C)Determinate
D)Federal sentencing guidelines

Question 27

A ruling on an appeal in favor of the defendant automatically reverses the conviction and requires a new trial.

Question 28

The burden of proof of a habeas corpus hearing rests on the petitioner.

Question 29

Which of the following cases called for the mass release of 46,000 prisoners to ease the overcrowding in the state prison system?

A)Trop v. Dulles
B)Brown v. Plata
C)Furman v. Georgia
D)In re Kemmler

Question 30

In order to file a writ of habeas corpus, a defendant must allege a violation of any but which of the following?

A)A U.S. constitutional right
B)A state constitutional right
C)A violation of a federal law
D)A violation of any of the above are valid complaints

Question 31

In which case did the U.S. Supreme Court hold that the appellate court must find "beyond a reasonable doubt" that the harm inflicted on the defendant adversely affected the verdict to require the ordering of a new trial?

A)Chapman v. United States
B)Griffith v. Kentucky
C)Neder v. United States
D)United States v. Young

Question 32

The U.S. Supreme Court has ruled that laws mandating different sentences for an offense based on gender are constitutional.

Question 33

Federal sentencing guidelines are not mandatory.

Question 34

Defendants possess a due process right to a criminal appeal.

Question 35

Most states view the prohibition against cruel and unusual punishment as a concept that evolves with time.

Question 36

Which of the following is one consideration of criminal law?

A)Whether the law itself may constitute a "punishment."
B)Whether the prosecution believes the law to be fair
C)Whether the defendant in question had knowledge of the law
D)The length of time the law has been on the books

Question 37

Mandatory drug laws are criticized for increasing the prison population.

Question 38

Which of the following is not contained within a presentence report?

A)Aggravating and mitigating circumstances
B)Financial information
C)Criminal history
D)The thoughts and impressions of the jury in the criminal trial

Question 39

Which of the following guidelines are mandatory rather than advisory?

A)State and federal sentencing guidelines
B)State sentencing guidelines only
C)Federal sentencing guidelines only
D)Neither state nor federal sentencing guidelines

Question 40

In order to order a new trial, an appellate court must have probable cause to suspect that the harm inflicted on the defendant adversely affected the verdict.

Question 41

Explain the Three Strikes and You're Out Law and its unintended consequences.

Question 42

There are five accepted purposes of punishment. List, define, and explain the basic premises behind them.

Question 43

What are the four different approaches to sentencing listed in the text and how do they operate? Which do you think makes the most sense?

Question 44

The various states have granted different levels of discretion to judges in regard to how they may or may not sentence defendants. List, define, and explain these sentencing schemes.

Question 45

Explain what the right of allocution is and what a victim impact statement is. Do you think these in court processes are important? Why or why not?

Question 46

_____ is the purpose of punishment where punishment is used to remove offenders from society.

Question 47

Explain Graham v. Florida and Miller v. Alabama and their application to juvenile life imprisonment. Do you agree or disagree with the holding in these cases?

Question 48

_____ is the purpose of punishment that stresses the harm caused the victim and attempts to heal said harm.

Question 49

The text gives a rather long yet entirely inexhaustive list of possible grounds for appeal following a conviction. What limitations are placed on appeals? Do you feel these limitations are sufficient? If so, why? If not, briefly explain what may be done to remedy the situation.

Question 50

_____ is the purpose of punishment where punishment is intended to reform offenders.

Question 51

Explain the increasing controversy surrounding mandatory minimums and the studies that indicate problems with these laws.

Question 52

List and explain the significant limitations on the ability of federal courts to grant habeas corpus review. Do you think such limitations make obtaining review too difficult?

Question 53

Punishment is supposed to be proportional to the committed crime. Courts have repeatedly rejected the application of cruel and unusual punishment to capital punishment in the United States. Capital punishment is a hotly debated topic, but some say that life in prison is a more severe punishment than death. Which punishment do you feel is more severe and why?