True/False
Indicate whether the
statement is true or false.
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1.
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Execution is not considered to be “cruel and
unusual punishment.”
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2.
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Whipping is considered to be “cruel and
unusual punishment.”
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3.
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The jury imposes the sentence on the
defendant.
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4.
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The sentence must be proportional to the
crime.
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5.
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Sentencing guidelines take away much of the
discretion that judges formerly enjoyed in
sentencing defendants.
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6.
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The death penalty can be imposed in any conviction
for a first-degree murder case.
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7.
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In some states, private companies have gotten into
the business of running prisons.
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8.
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If probationers commit another crime while serving
probation, they can be sent back to
prison to serve out their first sentence.
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9.
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In some cases, when defendants are charged with a
crime, their personal assets can be seized and forfeited to the state.
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10.
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An appeal of a case is essentially another trial of
the case.
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Multiple Choice
Identify the
choice that best completes the statement or answers the question.
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11.
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All of the following actions are permissible by a
court of appeals, except
a. | affirm. | b. | retry. | c. | remand. | d. | reverse. |
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12.
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The United States Supreme Court, like many top
state appellate courts, has the power to
refuse to hear certain appeals. This power is
called
a. | license. | b. | affirmal. | c. | necessity. | d. | cert. |
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13.
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A challenge to the defendant’s incarceration
based on the principle that there must be a legal
ground to hold the prisoner and often used as an
additional appellate procedure is
a. | respondeat superior. | b. | voir dire. | c. | mandamus. | d. | habeas
corpus. |
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14.
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The appellate court publishes its decision in
a(n)
a. | letter. | b. | opinion. | c. | brief. | d. | conclusion. |
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15.
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There is at least one category of cases that all
appellate courts must hear (or that they lack
the power to decline to hear). What is this
category?
a. | Felony cases | b. | Child molestation cases | c. | Sexual assault
cases | d. | Death penalty
cases |
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16.
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When a judge enters a sentence against a convicted
defendant, he or she can take into
account
a. | the defendant’s prior criminal
history. | b. | the defendant’s remorse, or lack of
remorse. | c. | the injuries to the victim. | d. | all of the above. |
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17.
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When a judge sentences a person convicted of
misdemeanor theft to a 20-year sentence, this sentence could be challenged on the grounds
of
a. | due process. | b. | equal protection. | c. | proportionality. | d. | vagueness. |
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18.
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In many states, the victim of the crime is
permitted to address the court to explain the impact
that the crime has had on him or her. This is
called a
a. | court statement. | b. | victim-impact statement. | c. | victim assistance
grant. | d. | none of the
above. |
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19.
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In order to receive the death penalty, a defendant
must have
a. | murdered more than one
person. | b. | a prior, violent history. | c. | tortured the victim. | d. | a prior conviction
for murder. |
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20.
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In a death penalty case, there are really two
trials. In the first trial, the jury decides guilt or
innocence. In the second phase, they decide
whether the defendant’s actions warrant death.
This procedure is referred to
as
a. | a multi-layer trial. | b. | a bifurcated trial. | c. | an enhanced
trial. | d. | none of the
above. |
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