Multiple Choice
You are defending a client accused of committing a hate crime. Apparently, he got into a bar fight and uttered a racial slur during the altercation. The man he punched was in fact an African-American. Sadly, the man your client punched ended up dying from head injuries caused by the punch. Assume that your client is found guilty of manslaughter, and answer the following questions about what happens next.
-Let's say the crime took place on a Native American reservation and we find ourselves in federal court instead of state court. According to the decision in Booker v. United States, which of the following are criteria that the judge can properly consider in determining a sentence?
A) the defendant's criminal history
B) whether the judge feels that a hate crime occurred
C) whether the judge feels that this crime meets certain aggravating factors
D) none of these can be considered
Correct Answer:
Verified
Correct Answer:
Verified
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