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Question
List and explain the two requirements that must be satisfied before a punishment is "cruel and unusual."Answer
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Related questions
Q:
MATCHING.COLUMN 1COLUMN 21. Self-incriminationa. Evidence that will change or evaporate in a manner that will destroy its evidentiary value.2. Bailb. An exception to the warrant to search requirement which says that consent to enter given to an undercover police officer or informant transfers to others in the police force who may then enter without a warrant.3. Consent once removedc. The act of admitting guilt to a crime.4. Exigent circumstancesd. The "fruit of the poisonous tree" doctrine that prohibits the admission of evidence obtained illegally at a defendant's criminal trial.5. Stop and friske. Situations that require urgent action, sufficient to excuse delay to get a warrant.6. Evanescent evidencef. The act of giving testimony against one's penal interest.7. Exclusionary ruleg. The right not to testify against their own interests when accused of a crime.8. Right to Remain Silenth. Police officers may briefly stop, identify, and frisk persons reasonably believed to have committed a crime during the course of an investigation.9. Rebuttable presumptioni. Money or other guarantee posted to assure a defendant who is released form custody pending trial or appeal will appear when called or forfeit the security posted.10. Confessionj. A presumption that can be overcome by presenting evidence to the contrary
Q:
MATCHINGCOLUMN 1COLUMN 21. Terrorisma. A writ ordering a person to be brought to court.2. Power to declare warb. The unlawful use or threat of violence, especially against the state or the public, as a politically motivated means of attack or coercion.3. Letters of marque and reprisalc. The federal law regulating the government's actions when collecting intelligence from foreign governments and their agents.4. Habeas corpusd. A military court convened to try those accused of war-related crimes.5. Military tribunale. The power reserved to Congress in the Constitution to declare war on a belligerent.6. Material witnessf. The legal right of a person or group to challenge the conduct of another in a judicial forum.7. Treasong. A person whose testimony is material to a criminal proceeding.8. Foreign Intelligence Surveillance Acth. A government letter granting a private person the power to seize subjects of a foreign state.9. Standingi. A conspiracy to overthrow the government, or levy war against them, or oppose the government's authority.10. Seditionj. Levying war against the United States or adhering to their enemies.
Q:
MATCHINGCOLUMN 1COLUMN 21. Corpus dilectia. Use of a deadly weapon is proof of intent to kill.2. Circumstantial evidenceb. A defendant's plan to injure another.3. Direct evidencec. The plan, course or means a person conceives to take another's life.4. Intent to killd. The deliberate commission of a dangerous or deadly act.5. Malice aforethoughte. The fact that a crime has been committed.6. Deadly weapon doctrinef. Real, tangible, or clear evidence of a fact or occurrence.7. Intent to do serious bodily harmg. Evidence that proves a fact by inference.
Q:
MATCHINGCOLUMN 1COLUMN 21. Attorneysa. Legal professionals who monitor and counsel offenders during the offender's time on parole or probation.2. Judgesb. Lawyers who typically have been elected to try criminal cases on behalf of the people.3. Minor Judiciaryc. Legal professionals who assist attorneys and others involved in the legal system.4. District or Prosecuting Attorneyd. Magistrates, justices of the peace, municipal judges or similar positions.5. Public Defenderse. Law enforcement officers who work for the FBI , DEA, U.S. Marshalls' Service, the ATF, or DHS.6. State and local law enforcement officersf. The presiding officers at judicial proceedings.7. Federal law enforcementg. Sheriff's deputies, state and local police.8. Paralegals or legal assistantsh. Licensed professionals who can appear in court to represent individuals.9. Parole and probation officersi. Attorneys provided by the state to defend individuals who cannot afford to hire a private attorney.
Q:
MATCHINGCOLUMN 1COLUMN 21. Consensus Theorya. The school of jurisprudence thought that believes laws are based on logic.2. Elite or ruling class Theoryb. The theory that laws develop out of a society's consensus about what is right and wrong.3. Natural Law Schoolc. The school of jurisprudential thought that believes the law is an accumulation of societal traditions.4. Historical Schoold. The theory that laws only exist as a means of class oppression.5. Analytical Schoole. The school of jurisprudential thought that teaches that laws are based on morality and ethics, and that people have natural rights.
Q:
MATCHINGCOLUMN 1COLUMN 21. Lawa. The Study of Law2. Jurisprudenceb. To stand by that which was decided, rule by which courts decide new cases based on how they decided similar cases before.3. Common Lawc. The body of rules of conduct created by government and enforced by the authority of the government.4. Stare Decisisd. The system of jurisprudence originated in England and later applied in the United States, that is based on judicial precedent rather than legislative enactments.5. Precedente. Prior decision that a court must follow when deciding a new, similar case.
Q:
A ________________ is a group of men and women selected from the community to determine the truth.
Q:
Which is true?
A) The Department of Justice has never issued a subpoena for a reporter's testimony.
B) The Department of Justice does not routinely issue subpoenas for reporters' testimony.
C) The reporter's privilege to protect sources is absolute.
D) The reporter's privilege to protect sources does not exist.
E) None of the above is true.
Q:
Until recently, the crime of rape did not include a sexual assault on one's wife.
Q:
You represent a man accused of rape. He claims the victim agreed to have sex with him, but then accused him of rape afterwards. What evidence could you introduce to support his claim?
A) Evidence that the woman entered his bedroom voluntarily
B) Evidence that the woman disrobed voluntarily
C) Nude texts she had sent him prior to their meeting
D) all of the above
E) none of the above
Q:
Which statement is incorrect concerning the impeachment of a president?
A) Impeachment articles are voted on in the House of Representatives.
B) Impeachment articles are voted on in the Senate.
C) A trial is held by the Senate, which requires a two-thirds super majority for conviction.
D) The charge must be that the object of impeachment has committed high crimes or misdemeanors.
E) Congress has never established a standard burden of proof, but rather leaves this up to each individual's conscience.
Q:
Defense attorneys have the option of delivering their opening statement following the prosecution's opening statement, or after the prosecution has presented its case.
Q:
Consent is a defense to incest:
A) when both parties are over the state's age of consent.
B) when the female is older than the male.
C) always
D) never
E) none of the above
Q:
Under what circumstances, if any, should subjects be tried and convicted with an evidentiary standard short of reasonable doubt?
Q:
When DNA evidence is presented in court:
A) only the technician who processed the DNA may testify in compliance with the Constitution's confrontation clause.
B) the defense is not allowed to cross-examine the prosecution's expert, but may present its own.
C) it is presented because it is mandatory that every accused person have all relevant DNA evidence presented at trial.
D) a simple data summary is sufficient because a thorough explanation would confuse many jurors.
E) none of the above
Q:
In a rape case, prosecutors must prove:
A) that a sex act took place.
B) that the sex act took place by force or threat of force.
C) the victim did not or could not consent to the act.
D) the victim did not enjoy the act.
E) A, B, and C.
Q:
A grand jury must find that the accused committed the crime beyond a reasonable doubt in order to indict him/her.
Q:
A defendant facing charges that are punishable by more than six months has no alternatives to a trial by jury.
Q:
To get a sedition conviction, prosecutors must prove the defendant was part of a conspiracy.
Q:
Which of the following is probably a case of incest?
A) Non-consensual intercourse with a girl under age 18
B) Consensual intercourse between a man and his adult daughter
C) Consensual intercourse between a woman and her 10-year-old nephew
D) none of the above
E) both B and C
Q:
Grand juries:
A) investigate crimes.
B) can subpoena witnesses.
C) vote to issue indictments.
D) determine guilt or innocence.
E) A, B, and C.
Q:
Espionage is an example of criminalized treasonous behavior.
Q:
Discuss the controversy over euthanasia and living wills.
Q:
Which of the following statements is true concerning the difference between federal and state juries?
A) Federal juries always consist of twelve members, while some state juries may be as small as six.
B) Federal juries always require a unanimous verdict, while some state juries do not.
C) Federal juries hear cases concerning federal law violations, while state juries hear cases of alleged state law violations.
D) All of the above are true.
E) None of the above are true.
Q:
Which of the following items is a prosecutor NOT required to provide to the defense during discovery?
A) the defendant's oral statements
B) the defendant's written or oral statements
C) the defendant's prior record
D) a copy of the prosecution's opening statement
E) the names of any expert witnesses
Q:
The Patriot Act was passed during George Washington's tenure as President, and honored all those colonists who died in the War for Independence.
Q:
Habeas Corpus means "you have the body."
Q:
How many witnesses to a treasonous act does the Constitution require for proof?
A) None. This may be proven by circumstantial evidence.
B) One
C) Two
D) Three
E) The Constitution does not specify a number.
Q:
Explain the exclusionary rule and give examples of its application. Also discuss "good faith" and how it applies.
Q:
Explain the concept of "expectation of privacy" and its role in determining the need for a search warrant.