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The Apprendi opinion caused many changes in sentencing procedures and also resulted in many reversals of sentences handed down by trial judges.

A) True
B) False

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Explain how the Sixth Amendment affects sentencing provisions that provide sentence enhancements against criminal defendants.

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The Sixth Amendment to the United States...

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______ is inflicting deadly injury as a punishment for criminal offenses. ​


A) Capital punishment
B) Corporal punishment
C) Forfeiture
D) A fine

E) A) and B)
F) None of the above

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Mutilation is an example of ______  punishment. ​


A) corporal
B) capital
C) conditional
D) forfeiture

E) B) and D)
F) A) and D)

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Explain aggravating and mitigating factors as they relate to the death penalty statutes, and give three examples of each type of factor.

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Aggravating and mitigating factors are u...

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List three situations or conditions which will typically result in an enhanced or increased sentence for convicted offenders.

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1) Repeat Offenses: If a convicted offen...

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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.


A) Bill's defense attorney argues the death penalty should not be imposed due to Bill's history of abuse at home. The circumstances described are ______ circumstances. ​
B) aggravating
C) mitigating
D) random and capricious
E) arbitrary and illogical

F) D) and E)
G) A) and C)

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The ___________ Amendment prohibits execution of a prisoner who is insane.

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Corporal punishment in public schools violates the Eighth Amendment.

A) True
B) False

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The text of the Eighth Amendment prohibits excessive bail, excessive fines, and: ​


A) cruel and unusual punishment.
B) the death penalty.
C) life without parole.
D) three strikes laws.

E) C) and D)
F) B) and C)

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The Federal Sentencing Guidelines are no longer: ​


A) mandatory.
B) discretionary.
C) applicable.
D) fair.

E) B) and D)
F) A) and B)

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Death penalty statutes allow the jury to impose a sentence other than the death penalty if they find a ____________ circumstance.

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Laws that impose increased penalties for multiple felony convictions are called ____ laws.

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Define "three strikes" laws, and list the common characteristics of such laws.

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"Three strikes" laws are statutes enacte...

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A defendant ordered to serve two years concurrently for conviction of two counts of a crime must serve the sentences one after the other, for a total of four years.

A) True
B) False

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Based upon the Court's decision in Lockyer v. Andrade , "three-strikes" 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.

E) A) and C)
F) C) and D)

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The ______ case established the steps for a proportionality review of a non-capital sentence. ​


A) Solem
B) Apprendi
C) Blakely
D) Miranda

E) B) and C)
F) A) and C)

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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.


A) Fred may also appeal his sentence on Sixth Amendment grounds. To determine whether a sentence constitutes cruel and unusual punishment, the appellate court will use a ______ test. ​
B) balancing
C) scales of justice
D) proportionality
E) moderation

F) None of the above
G) A) and B)

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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

E) C) and D)
F) B) and D)

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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.


A) The prosecution 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. ​
B) aggravating
C) mitigating
D) random and capricious
E) arbitrary and illogical

F) A) and B)
G) C) and D)

Correct Answer

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