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Q:
Explain how fighting words differ from ordinary rude language. How are the standards different for words directed at police officers?
Q:
What is the "clear and present danger" test used to allow the government to restrict speech? Give examples of when it would come into play.
Q:
A serous expression of an intent to inflict bodily harm is called .
Q:
Loud, obnoxious, or other offensive conduct in a public place is called .
Q:
One of the tests discussed in the textbook used to judge government restrictions on speech is the test.
Q:
For an unlawful assembly to be present, there must be or more people present.
Q:
A tumultuous disturbance of the peace involving three or more people assembled with a common purpose to do an unlawful act is referred to as a
Q:
A person can stalk another by sending messages.
Q:
Obscenity is speech or other communication that appeals to a reasonable person's prurient interest, describes in an offensive manner specific defined sexual conduct, and has no social value.
Q:
The Apprendi opinion caused many changes in sentencing procedures and also resulted in many reversals of sentences handed down by trial judges.a. Trueb. False
Q:
Corporal punishment in public schools violates the Eighth Amendment.a. Trueb. False
Q:
List three situations or conditions which will typically result in an enhanced or increased sentence for convicted offenders.
Q:
How does the Sixth amendment affect sentencing provisions implementing sentence enhancements against criminal defendants?
Q:
What are "three strikes" laws? What are the common characteristics of such laws?
Q:
What two requirements must a school official meet in order to impose corporal punishment on a student?
Q:
What are aggravating and mitigating factors as they relate to the death penalty statutes? Give three examples of each type of factor.
Q:
Explain the Supreme Court's decision in Furmanv.Georgia(1972) and highlight three recent Supreme Court decisions about the death penalty since 1972.
Q:
Discuss the holding in the case of UnitedStatesv.Booker(2005).How did this case impact the Federal
Sentencing Guidelines?
Q:
What protections, if any, does a public school student have with regard to the school's use of corporal punishment?
Q:
Explain what is meant by "proportionality" with reference to criminal sentencing.
Q:
Identify three groups of persons who cannot be given the death penalty. Discuss one of the cases regarding the exclusion of one of these groups.
Q:
The seizure of property of people charged with or convicted of crime is called .
Q:
Laws that impose increased penalties for multiple felony convictions are called laws.
Q:
One who is a habitual criminal is called a .
Q:
Inflicting deadly injury as a punishment for criminal offenses is called .
Q:
In the Middle Ages in England, a was a religious place where criminals could take refuge.
Q:
Sentence enhancement statutes are used to the period of incarceration the defendant may be ordered to serve.
Q:
In the 1972 case of Furmanv.Georgia,death penalty laws in all states were struck down as "arbitrary and " by the U.S. Supreme Court.
Q:
The Eighth Amendment Cruel and Unusual Punishment Clause is not applicable to the use of corporal punishment for purposes in the public schools.
Q:
Sentences that are to be served are served at the same time.
Q:
The Amendment prohibits execution of a prisoner who is insane.
Q:
In 1972, in the case of v.Georgia,the U.S. Supreme Court invalidated all existing state death penalty statutes.
Q:
Death penalty statutes allow the jury to impose a sentence other than the death penalty if they find a circumstance.
Q:
To impose the death penalty, the jury must find the existence of a(n) circumstance.
Q:
In Booker, the Court held that under the holdings of Apprendiand , the Federal Sentencing Guidelines violated the Sixth Amendment's right to jury trials in criminal cases.
Q:
The ban on cruel and unusual punishments requires that punishments be to the seriousness of the offense.
Q:
Bill, who was forced to swallow chewing tobacco as punishment for chewing it in the boys bathroom at high school, gets very angry thinking about the incident. He decides to confront the school's principal after a few days, and the discussion gets very heated. During the course of confrontation, Bill strikes the principal with his fist, resulting in the death of the principal. Bill is arrested and now stands trial for murder.Bill's defense attorney calls the school psychiatrist, who testifies that Bill is clinically insane. What is the effect of this information on the case?a. Bill will be sentenced to a maximum of twenty years in prison. b. Bill will not face the death penaltyc. Bill will immediately be released.d. The judge will immediatley declare a mistrial.
Q:
Bill, who was forced to swallow chewing tobacco as punishment for chewing it in the boys bathroom at high school, gets very angry thinking about the incident. He decides to confront the school's principal after a few days, and the discussion gets very heated. During the course of confrontation, Bill strikes the principal with his fist, resulting in the death of the principal. Bill is arrested and now stands trial for murder.Bill's defense attorney, in her presentation, argues the death penalty should not be imposed due to Bill's history of abuse at home. The circumstances described are circumstances.a. aggravating b. mitigatingc. random and capriciousd. arbitrary and illogical
Q:
Bill, who was forced to swallow chewing tobacco as punishment for chewing it in the boys bathroom at high school, gets very angry thinking about the incident. He decides to confront the school's principal after a few days, and the discussion gets very heated. During the course of confrontation, Bill strikes the principal with his fist, resulting in the death of the principal. Bill is arrested and now stands trial for murder.The prosecution in its presentation, argues the death penalty should be imposed due to Bill's history of violence and wanton disregard for human life. The circumstances described are circumstances.a. aggravating b. mitigatingc. random and capriciousd. arbitrary and illogical
Q:
Bill is a student at the local high school. He was caught chewing tobacco in the boy's laboratory and sent to the principal's office. As punishment, the principal made him swallow the wad of tobacco, which immediately made Bill throw up. Bill went home and told his parents of the incident, and the next day they contacted a lawyer.Bill's lawyer then reads up on the case of IngrahamvWrightand realizes that a claim based on would not succeed.a. Bill's Eighth Amendment rights b. a procedural due process claim c. a substantive due process claim d. None of these choices
Q:
Bill is a student at the local high school. He was caught chewing tobacco in the boy's laboratory and sent to the principal's office. As punishment, the principal made him swallow the wad of tobacco, which immediately made Bill throw up. Bill went home and told his parents of the incident, and the next day they contacted a lawyer.Bill's lawyer then asks about Bill's physical reaction after swallowing the chewing tobacco. Bill's attorney is trying to build a case based ona. Bill's Eighth Amendment rights b. a procedural due process claim c. a substantive due process claimd. a violation of enhanced sentencing guidelines
Q:
Bill is a student at the local high school. He was caught chewing tobacco in the boy's laboratory and sent to the principal's office. As punishment, the principal made him swallow the wad of tobacco, which immediately made Bill throw up. Bill went home and told his parents of the incident, and the next day they contacted a lawyer.Bill's lawyer asks Bill about how the principal decided Bill's guilt and punishment, and asks to see a copy of the school's student conduct code. Bill's attorney is trying to build a case based ona. Bill's Eighth Amendment rights b. a procedural due process claim c. a substantive due process claimd. a violation of enhanced sentencing guidelines
Q:
Bill is a student at the local high school. He was caught chewing tobacco in the boy's laboratory and sent to the principal's office. As punishment, the principal made him swallow the wad of tobacco, which immediately made Bill throw up. Bill went home and told his parents of the incident, and the next day they contacted a lawyer.
Bill's parent's intend to sue the high school for which most likely reason?
a. Swallowing the tobacco violates Bill's Eighth Amendment rights.
b. Swallowing the tobacco amounted to illegal forfeiture.
c. Bill was denied an attorney.
d. Swallowing the tobacco violates Bill's right to equal protection.
Q:
Fred was arrested for grand theft auto. The jury found him guilty and he was sentenced to twenty years in prison and his car was seized. This was his first conviction of a felony, though he had several misdemeanor offenses on his record.Fred may also appeal his sentence on Sixth Amendment grounds. The name given to the test used to determine whether a sentence constitutes cruel and unusual punishment isa. balancingb. scales of justice c. proportionality d. moderation
Q:
Fred was arrested for grand theft auto. The jury found him guilty and he was sentenced to twenty years in prison and his car was seized. This was his first conviction of a felony, though he had several misdemeanor offenses on his record.
The loss by Fred of his car is an example of
a. forfeiture
b. fine
c. free speech
d. unlawful search and seizure
Q:
Fred was arrested for grand theft auto. The jury found him guilty and he was sentenced to twenty years in prison and his car was seized. This was his first conviction of a felony, though he had several misdemeanor offenses on his record.
Fred's sentence would likely be overturned on appeal because factual findings made for the purpose of enhancing a sentence must be made by a
a. jury
b. judge
c. prosecuting attorney
d. defense attorney
Q:
The payment of money as part of a defendant's sentence is the definition of aa. seizureb. capital offense c. fined. forfeiture
Q:
Seizure of the property that was used to commit a crime is the definition ofa. corporalb. capital offense c. a fined. forfeiture
Q:
Mutilation is an example of which type of punishment?
a. corporal
b. capital
c. conditional
d. forfeiture
Q:
Inflicting nondeadly physical injury as punishment for criminal conduct is the definition of
a. corporal
b. capital
c. conditional
d. forfeiture
Q:
The shortest time a defendant would serve would result from which type of sentence?a. consecutive b. concurrent c. conditional d. suspended
Q:
The type of sentence where a defendant is ordered to serve a two sentences in a row is called a sentence.a. consecutive b. concurrent c. conditional d. suspended
Q:
_in Colonial America were situated it the town center so that public humiliation may be heaped upon the offender.a. stocks b. jailsc. reform schoolsd. delinquency notices
Q:
Inflicting deadly injury as a punishment for criminal offenses is called a. capital punishmentb. corporal punishment c. forfeitured. a fine
Q:
In the Middle Ages in England, this was a religious place where criminals could take refuge. a. sanctuaryb. chamber pot c. belfryd. hallowed burial ground
Q:
One medieval limit on capital punishment was called the a. benefit of clergyb. king's pardon c. briberyd. levying of fines
Q:
In Atkinsv.Virginia, 536 U.S. 304 (2002), the Court held that the Cruel and Unusual Punishment Clause of the Eighth Amendment prohibited imposition of the death penalty on defendants witha. mental retardationb. schizophreniac. terminal illnessd. none of these answers are correct
Q:
Based upon the Court's decision in Lockyerv.Andrade, "threestrikes" laws may
a. be unconstitutional in certain situations
b. not be used for nonviolent offenses
c. not be used in federal courts
d. not be used in federal or state courts
Q:
The laws popularly called "three strikes and you"re out"
a. consistently violate the Eighth Amendment
b. have been repealed in all states
c. violate double jeopardy
d. apply only to felony convictions
Q:
Blakelyv.Washington, 124 S.Ct. 2531 (2004), applied the reasoning of Apprendito
a. state sentencing systems
b. federal sentencing systems
c. city sentencing systems
d. county systems
Q:
The Apprendiopinion caused many changes in
a. sentencing procedures
b. jury procedures
c. misdemeanor trial procedures
d. wording of three strikes laws
Q:
In Apprendi,the Court held that any fact that increases the penalty for the crime charged must be submitted to the jury and proved
a. beyond a reasonable doubt
b. beyond a reasonable suspicion
c. beyond a doubt
d. by a preponderance of the evidence
Q:
What case established the steps for a proportionality review of a non-capital sentence?
a. the Solem case
b. the Apprendicase
c. the Blakelycase
d. the Mirandacase
Q:
In the Solem v. Helmcase, the Supreme Court held the defendant's sentence to life without parole for passing a "no account" check wasa. a harsh, but acceptable sentenceb. a violation of procedural due processc. a violation of the Eighth Amendmentd. an advisable sentence which would serve to deter others
Q:
Which of the following is NOT characteristic of career-criminal programs?
a. longer sentences
b. encourages plea bargaining
c. speeds up prosecution of the defendant
d. development of special units within law enforcement agencies
Q:
Habitual offender or recidivist statutes that provide for a life sentence after multiple felony convictions are
a. unconstitutional
b. routinely found to be cruel and unusual punishment
c. allowed on the federal level but not on the state level
d. subject to a proportionality test, i.e., the sentence fits the crime
Q:
All states and the federal government have some type of sentence statutes which typically increase the penalty if the crime was deemed a hate crime or the victim was elderly or handicapped.
a. mitigation
b. enhancement
c. aggravation
d. proportionality
Q:
Fines, like other types of punishment, must bea. balanced b. contingent c. pro-ratedd. proportional
Q:
The Sixth Amendment requires that a jury must make factual findings for the purpose of
a. enhancing a sentence
b. putting a guilty defendant to death
c. a downward departure
d. a reduced sentence
Q:
The text of the Eighth Amendment prohibits excessive bail, excessive fines, anda. cruel and unusual punishmentb. the death penalty c. life without parole d. three strikes laws
Q:
The Eighth Amendment prohibits the imposition of which kind of fines?
a. excessive
b. proportional
c. mitigating
d. monetary
Q:
What kinds of evidence must be produced if the prosecution seeks imposition of the death penalty after a jury has found the defendant guilty of the crime charged?a. aggravating circumstancesb. mitigating circumstances c. infuriating circumstances d. frustrating circumstances
Q:
Generally, before the death penalty may be imposed, a judge or jury must find at least one of what kind of circumstance?a. mitigating b. balancing c. concurrentd. aggravating
Q:
In the 1972 case of v.Georgia, the U.S. Supreme Court struck down all state death penalty laws as "arbitrary and capricious."a. Thomasb. Cosgrovec. Furmand. Ellison
Q:
Which of the following types of defendants can be given the death penalty?a. mentally retarded defendantsb. juvenile defendants c. female defendants d. insane defendants
Q:
The absence of fair procedures before corporal punishment is utilized on a public school student would be a violation of
a. substantive due process
b. procedural due process
c. the cruel and unusual punishment clause
d. equal protection
Q:
In a public school, any excessive, unreasonable corporal punishment which would shock the conscience would be a violation of
a. substantive due process
b. procedural due process
c. the cruel and unusual punishment clause
d. equal protection
Q:
The U.S. Supreme Court has held that reasonable corporal punishment in public schools
a. violates the Eighth Amendment
b. violates substantive due process
c. is not covered by the cruel and unusual punishments clause
d. violates equal protection
Q:
In Ingraham v. Wright,the Supreme Court considered the relationship between the cruel and unusual punishment clause and the use of corporal punishment in
a. public schools
b. prisons
c. the work place
d. private schools
Q:
In the 1972 case of Furmanv.Georgia,death penalty laws in all states were struck down asa. "arbitrary and capricious" by the U.S. Supreme Court b. "arbitrary and changeable" by the U.S. Supreme Court c. "random and capricious" by the U.S. Supreme Courtd. "arbitrary and illogical" by the U.S. Supreme Court