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| 1 | |
Which of the following is a sentencing philosophy? |
| | A) | retribution |
| | B) | incapacitation |
| | C) | rehabilitation |
| | D) | a and b only |
| | E) | all of the above |
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| 2 | |
What type of deterrence aims to discourage potential offenders, rather than a particular convicted offender, from committing crime? |
| | A) | general |
| | B) | specific |
| | C) | definite |
| | D) | mandatory |
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| 3 | |
Research has found that mandatory sentences can be ineffective for what reason? |
| | A) | officials can circumvent the sentences |
| | B) | the sentences are arbitrary in minor cases |
| | C) | they may result in a punishment that is too harsh for a minor crime |
| | D) | both a and c |
| | E) | all of the above |
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| 4 | |
Which of the following sentencing structures is used to attempt to curb abuses of discretion? |
| | A) | consecutive sentencing |
| | B) | presumptive sentencing |
| | C) | concurrent sentencing |
| | D) | allocutive sentencing |
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| 5 | |
Which case was the first by the U.S. Supreme Court to invalidate a criminal punishment for being cruel and unusual on Eight Amendment grounds? |
| | A) | Weems v. United States |
| | B) | In re Kemler |
| | C) | Witherspoon v. Illinois |
| | D) | McGautha v. California |
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| 6 | |
Which of the following is NOT true of Gregg v. Georgia? |
| | A) | the Supreme Court ruled that the death penalty is not cruel and unusual |
| | B) | a two-stage proceeding where guilt or innocence is decided in the first part and sentencing in the second part was found to be constitutional |
| | C) | it was determined that a death sentence could not be imposed for rape |
| | D) | it required the judge or jury to consider aggravating and mitigating circumstances |
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| 7 | |
Which argument for the death penalty asserts that murderers are horrible human beings and deserve to die for their crimes? |
| | A) | the public opinion argument |
| | B) | the retribution argument |
| | C) | the community protection argument |
| | D) | the deterrence argument |
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| 8 | |
In what case did the U.S. Supreme Court decide that a person who has not actually committed a murder -- but has participated in a felony that leads to murder and is found to have exhibited reckless indifference for human life -- can be executed? |
| | A) | Lockhart v. McCree |
| | B) | Delo v. Lashley |
| | C) | Coker v. Georgia |
| | D) | Tison v. Arizona |
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| 9 | |
With regard to a defendant's right to appeal, which rule held that the denial of a federal constitutional right can at times be of insignificant magnitude to require reversal of a conviction on appeal? |
| | A) | the plain error rule |
| | B) | the automatic reversal rule |
| | C) | the harmless error rule |
| | D) | the invited error rule |
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| 10 | |
Under which of the following circumstances have sanctions been appealed and reversed? |
| | A) | the sentence was not authorized by a statute |
| | B) | the sentence was based on gender, ethnicity, or socioeconomic status |
| | C) | the sentence was cruel and unusual |
| | D) | a and b only |
| | E) | all of the above |
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| 11 | |
The length of a determinate sentence of incarceration is established by the legislature, removing the sentencing discretion of the judge. |
| | A) | True |
| | B) | False |
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| 12 | |
One consequence of disparities in sentencing is that wide variations in sentencing are not consistent with the principal of evenhanded administration of the criminal law. |
| | A) | True |
| | B) | False |
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| 13 | |
The automatic reversal rule applies to cases where constitutional errors are of such magnitude that they require an automatic reversal. |
| | A) | True |
| | B) | False |
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| 14 | |
The federal government, but not the states, may appeal the acquittal of a defendant. |
| | A) | True |
| | B) | False |
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| 15 | |
The federal courts have ruled in favor of relying on statistical studies to demonstrate that, at least in a few jurisdictions, the death penalty is more often imposed along racial lines. |
| | A) | True |
| | B) | False |
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