Question 1

What was determined by Kelly v. South Carolina?

Accepted Answer

A)   The Supreme Court ruled that the methods used for applying the death penalty were arbitrary and capricious, thus qualifying for the label "cruel and unusual."
B)   Attempting to execute a person twice, due to equipment failure, is not cruel and unusual punishment.
C)   The Supreme Court ruled that capital punishment can not be handed down for rape, because such a punishment would be excessive.
D)   In cases in which the jury must decide between the sentences of death or life in prison, the jury must be instructed that life in prison means that the defendant will have absolutely no chance of parole.
E)   Prison officials can force an otherwise mentally incompetent individual to receive medication to restore his/her competence, even if the prison objects. D

Question 2

What happens to a prisoner if he is not executed due to an equipment malfunction?

Accepted Answer

A)   His execution is rescheduled for a time when the equipment is working properly.
B)   His sentence is commuted to life in prison.
C)   He is released.
D)   The technician responsible for the failure is executed in his place.
E)   none of the above A

Question 3

The founding fathers never intended for us to use the death penalty as a form of punishment for criminal behavior. We believe this because there is no mention of the death penalty in the actual text of the Constitution.

Accepted Answer

A) True 
 B)False  False

Question 4

A person convicted of a crime in the U.S. system could possibly be sentenced to any of the following except:

Accepted Answer

A)   probation.
B)   a suspended sentence.
C)   exile.
D)   prison.
E)   death.

Question 5

Espionage can be a capital offense.

Accepted Answer

A) True 
 B)False

Question 6

All defendants are entitled to a discretionary appeal.

Accepted Answer

A) True 
 B)False

Question 7

The Sex Offender Registry is an ex post facto law.

Accepted Answer

A) True 
 B)False

Question 8

Defendants who plead guilty:

Accepted Answer

A)   lose appeal as a right.
B)   lose the right to discretionary appeals.
C)   lose all rights to appeals.
D)   get the maximum sentence.
E)   automatically get the minimum sentence.

Question 9

The case Gregg v. Georgia established that capital trials must be divided into two phases. What is that type of trial called?

Accepted Answer

A)   separated trial
B)   multi-phased trial
C)   biannual trial
D)   bifurcated trial
E)   bilateral trial

Question 10

Which of the following is NOT an example of cruel and unusual punishment by today's standards?

Accepted Answer

A)   forcing multiple inmates to share a small prison cell by giving them bunked beds to sleep in
B)   execution of a criminal who has been assessed as being mentally retarded
C)   forcing a defendant to take medication that was never prescribed by a doctor for any documented illness so that the defendant will be more lucid during trial
D)   executing a prisoner by lethal injection after a jury of her peers determined she was guilty of capital murder in one trial that included the trial and sentencing phases at the same time
E)   feeding only bread and water in prison inmates

Question 11

MATCHING
-Per se

Accepted Answer

A)   The sentencing scheme using a sentencing range where the prisoner can earn release after serving the minimum sentence by meeting certain rehabilitation goals.
B)   Act or conduct that increases the seriousness of an act.
C)   Monetary penalties paid to the state as punishment for crime.
D)   Fixed term sentences selected from a range determined by statute or guidelines where there is no chance of parole.
E)   Act or conduct that lessens or reduces the punishment for a crime.F)  Money paid to crime victims to help make them whole.G)  The shortest possible sentence for a given crime under an indeterminate sentencing scheme.H)  The sentencing scheme where judges have the most flexibility in sentencing.I)  Latin; by itself, in and of itself.J)  Sentences lengthened by aggravating factors such as for hate crimes.

Question 12

MATCHING
-Enhanced sentences

Accepted Answer

A)   The sentencing scheme using a sentencing range where the prisoner can earn release after serving the minimum sentence by meeting certain rehabilitation goals.
B)   Act or conduct that increases the seriousness of an act.
C)   Monetary penalties paid to the state as punishment for crime.
D)   Fixed term sentences selected from a range determined by statute or guidelines where there is no chance of parole.
E)   Act or conduct that lessens or reduces the punishment for a crime.F)  Money paid to crime victims to help make them whole.G)  The shortest possible sentence for a given crime under an indeterminate sentencing scheme.H)  The sentencing scheme where judges have the most flexibility in sentencing.I)  Latin; by itself, in and of itself.J)  Sentences lengthened by aggravating factors such as for hate crimes.

Question 13

The Supreme Court has ruled which of the following types of executions to be 'cruel and unusual'?

Accepted Answer

A)   executing those who are not competent at the time of the execution
B)   executing those who are mentally retarded
C)   executing those who were minors when they committed the crime
D)   executions by lethal injection
E)   A, B, and C

Question 14

A sentence of five to ten years with the defendant not being eligible for parole during the first five years is an example of:

Accepted Answer

A)   indeterminate sentencing.
B)   indefinite sentencing.
C)   definite sentencing.
D)   consecutive sentencing.
E)   concurrent sentencing.

Question 15

MATCHING
-Definite sentences

Accepted Answer

A)   The sentencing scheme using a sentencing range where the prisoner can earn release after serving the minimum sentence by meeting certain rehabilitation goals.
B)   Act or conduct that increases the seriousness of an act.
C)   Monetary penalties paid to the state as punishment for crime.
D)   Fixed term sentences selected from a range determined by statute or guidelines where there is no chance of parole.
E)   Act or conduct that lessens or reduces the punishment for a crime.F)  Money paid to crime victims to help make them whole.G)  The shortest possible sentence for a given crime under an indeterminate sentencing scheme.H)  The sentencing scheme where judges have the most flexibility in sentencing.I)  Latin; by itself, in and of itself.J)  Sentences lengthened by aggravating factors such as for hate crimes.

Question 16

Very often an offender will receive a suspended sentence for a first offense.

Accepted Answer

A) True 
 B)False

Question 17

MATCHING
-Fines

Accepted Answer

A)   The sentencing scheme using a sentencing range where the prisoner can earn release after serving the minimum sentence by meeting certain rehabilitation goals.
B)   Act or conduct that increases the seriousness of an act.
C)   Monetary penalties paid to the state as punishment for crime.
D)   Fixed term sentences selected from a range determined by statute or guidelines where there is no chance of parole.
E)   Act or conduct that lessens or reduces the punishment for a crime.F)  Money paid to crime victims to help make them whole.G)  The shortest possible sentence for a given crime under an indeterminate sentencing scheme.H)  The sentencing scheme where judges have the most flexibility in sentencing.I)  Latin; by itself, in and of itself.J)  Sentences lengthened by aggravating factors such as for hate crimes.

Question 18

What is a popular term for legislation intended to punish a repeat offender more harshly?

Accepted Answer

A)   three strikes and you're out
B)   down for the count
C)   two hits and a knockout
D)   four bases make a homerun
E)   three yards to the touchdown

Question 19

MATCHING
-Aggravating circumstance

Accepted Answer

A)   The sentencing scheme using a sentencing range where the prisoner can earn release after serving the minimum sentence by meeting certain rehabilitation goals.
B)   Act or conduct that increases the seriousness of an act.
C)   Monetary penalties paid to the state as punishment for crime.
D)   Fixed term sentences selected from a range determined by statute or guidelines where there is no chance of parole.
E)   Act or conduct that lessens or reduces the punishment for a crime.F)  Money paid to crime victims to help make them whole.G)  The shortest possible sentence for a given crime under an indeterminate sentencing scheme.H)  The sentencing scheme where judges have the most flexibility in sentencing.I)  Latin; by itself, in and of itself.J)  Sentences lengthened by aggravating factors such as for hate crimes.

Question 20

Chemical castration is:

Accepted Answer

A)   an attempt to prevent sex offenders from reoffending.
B)   an approach used to limit the spread of AIDS in prison.
C)   a condition of parole in some states for sex offenders.
D)   a form of sterilization.
E)   A and C

Exam 14: Constitutional Rights Postconviction

What was determined by Kelly v. South Carolina?

What happens to a prisoner if he is not executed due to an equipment malfunction?

The founding fathers never intended for us to use the death penalty as a form of punishment for criminal behavior. We believe this because there is no mention of the death penalty in the actual text of the Constitution.

A person convicted of a crime in the U.S. system could possibly be sentenced to any of the following except:

Espionage can be a capital offense.

All defendants are entitled to a discretionary appeal.

The Sex Offender Registry is an ex post facto law.

Defendants who plead guilty:

The case Gregg v. Georgia established that capital trials must be divided into two phases. What is that type of trial called?

Which of the following is NOT an example of cruel and unusual punishment by today's standards?

MATCHING -Per se

MATCHING -Enhanced sentences

The Supreme Court has ruled which of the following types of executions to be 'cruel and unusual'?

A sentence of five to ten years with the defendant not being eligible for parole during the first five years is an example of:

MATCHING -Definite sentences

Very often an offender will receive a suspended sentence for a first offense.

MATCHING -Fines

What is a popular term for legislation intended to punish a repeat offender more harshly?

MATCHING -Aggravating circumstance

Chemical castration is: