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Question
Discuss whether or not sentencing guidelines or determinate sentencing can control judicial discretion.Answer
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Related questions
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The ____________________ Amendment is the vehicle used by the courts to apply the protection of the Bill of Rights to the states.
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The ____________________ Amendment prohibits double jeopardy.
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The right to be informed of the nature of the charges against you and the right to confront any prosecution witnesses is guaranteed by the ____________________ Amendment.
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The ____________________ Amendment prohibits excessive bail.
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The defense of ____________________ would be appropriate in a case where a person was rushing to the hospital with an emergency and broke numerous traffic laws along the way.
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In response to the concerns of environmentalists, the federal government has passed _______________________ acts to protect the nation's well being.
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Homicide, robbery, and rape are examples of which type of crime.
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_____________ laws require the registration of individuals convicted of sex-related crimes.
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Bob is leaving the medical marijuana dispensary with his 6 ounces, which is legal under the law. He drops his purchase and drives away, unaware that he no longer has his marijuana. Sue is walking down the street when she becomes the lucky recipient of 6 ounces of marijuana. When Bob realizes his mistake he goes back to find Sue getting high on the corner, he calls the police claiming Sue stole his marijuana.After Sue's release from jail, Bob gets high on the street and follows her back to her house where a physical fight ensues. Sue dies from her injuries. Bob claims he had no such intent and is surprised and disgusted by his actions. Bob believes the marijuana he bought on the street was laced with phencyclidine (PCP). What would be his best defense in court?a. Duressb. Intoxicationc. Insanityd. Self-defense
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Bob is leaving the medical marijuana dispensary with his 6 ounces, which is legal under the law. He drops his purchase and drives away, unaware that he no longer has his marijuana. Sue is walking down the street when she becomes the lucky recipient of 6 ounces of marijuana. When Bob realizes his mistake he goes back to find Sue getting high on the corner, he calls the police claiming Sue stole his marijuana.Sue has been released without charges. What is the most likely reason for this?a. Sue had a prescription and did not have mens rea.b. Sue had actus reus but did not have a prescription.c. Sue had a contractual relationship to the police.d. Sue had a medical marijuana prescription.
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Many states and the District of Columbia have legalized medical marijuana and other states have legalized its recreational use. In some states, police are directed to patrol the areas near medical marijuana dispensaries more frequently because it is still illegal to use it recreationally and usually still illegal to sell marijuana. The new governor of California is facing a budget crisis and must reduce spending in law enforcement.Randi has been arrested for selling marijuana in Washington state. He was high on drugs at the time of arrest and doesn"t quite understand why he is in trouble. The police are demanding to know Randi's supplier and won"t let Randi eat or drink until he confesses. What rights protect Randi from this interrogation?a. Fourth Amendmentb. Fifth Amendmentc. Sixth Amendmentd. Eighth Amendment
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Stanley is seeking help from a psychiatrist. After multiple sessions, he tells his psychiatrist that he has fantasies about killing a girl. Months later he does actually kill the girl that he spoke of during his sessions with the psychiatrist.The lawsuit filed by the deceased girl's parents is called:a. stare decisis.b. a tort.c. lex talionis.d. malum prohibitum.
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Stanley is seeking help from a psychiatrist. After multiple sessions, he tells his psychiatrist that he has fantasies about killing a girl. Months later he does actually kill the girl that he spoke of during his sessions with the psychiatrist.In addition to being tried for the girls' murder, the parents of the deceased sue the psychiatrist for not warning the police of the potential threat. What categories of law is this case found in?a. Substantive criminal law and procedural lawb. Procedural law and civil lawc. Substantive criminal law and civil lawd. Procedural law and public law
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An employee is forced to divert funds into a special account and failure to cooperate will result in the execution of his or her family. Which defense would be most applicable to this situation?
a. Duress
b. Entrapment
c. Necessity
d. Consent
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The exclusionary rule is used as part of which protection afforded to the accused by the US Constitution?
a. First Amendment
b. Second Amendment
c. Fourth Amendment
d. Eighth Amendment
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Crime is generally grouped into three basic categories, they are:
a. felonies, misdemeanors, and violations.
b. malum prohibitum crimes, felonies, and violations.
c. violations, ordinances, and felonies.
d. misdemeanors, violations, and ordinances.
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Intoxication and age are examples of:
a. legal defenses used to negate the required proof of mens rea.
b. legal defenses that negate the required proof of actus reus.
c. defenses based on double jeopardy.
d. legal defenses based on a presumption of conclusive incapacitation.
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Certain statutory offenses exist in which mens rea is not essential. These offenses fall within a category known as:
a. torts.
b. strict liability crimes.
c. mala in se crimes.
d. stare decisis.
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The term actus reus refers to the:
a. measurement of mental ability.
b. exclusion of omission.
c. guilty person.
d. guilty act.
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The individual's state of mind or intent to commit a crime is formally referred to as:
a. stare decisis.
b. mala in se.
c. mens rea.
d. actus reus.
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The term stare decisis refers to:
a. an eye for an eye.
b. someone who is inherently evil.
c. a statute created by a legislative body.
d. the decision to stand by decided cases.
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Which of the following is not a source of criminal law?
a. Common law
b. Biblical decree
c. Statutes
d. Case decisions
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Intoxication is only a viable defense if it is involuntary.
a. True
b. False
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An immediate relationship must always exist between the act and the actor's intent for a crime to occur.
a. True
b. False
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Discuss the Delinquency in a Birth Cohort study and how its findings have shaped justice policy.
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Compare and contrast social structure theory and social process theory.
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Describe the social, economic, personal, and demographic factors suggested by experts to account for the recent crime drop in the United States.
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List and discuss each of the factors that influence sentencing.
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Approximately half of the states have three-strikes sentencing laws, but all of them require the third felony to be ___________.
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In 1972 in Furman v. Georgia, the court decided that the discretionary imposition of the death penalty was ____________ under the Eighth and Fourteenth Amendments of the US Constitution.