Strayer LEG320 Week 5 Quiz

Strayer LEG320 Week 5 Quiz

CHAPTER 8

CRIMINAL PUNISHMENTS

MULTIPLE CHOICE

1. The Sixth Amendment requires that 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

2. In Ring v. Arizona,536 U.S. 584 (2002), the Court held that a state capital sentencing procedure that permitted the sentencing judge to make the factual determination of the aggravating and mitigating circumstances present

a. violated the Sixth Amendment’s right of trial by jury

b. violated the Sixth Amendment’s right of trial by judge

c. violated the Sixth Amendment’s right to a speedy trial

d. violated the Eight Amendment’s right to freedom from cruel and unusual punishment

3. In Blakely v. Washington, the Supreme Court held the sentence was invalid under the Sixth Amendment, because the defendant was entitled to a jury trial on the facts supporting the finding that he acted with

a. deliberate cruelty

b. deliberate indifference

c. deliberate apathy

d. deliberate malice

4. In Booker,the Court held that under the holdings of Apprendiand Blakeley,the Federal Sentencing Guidelines violated the Sixth Amendment’s right to

a. jury trials in criminal cases

b. speedy trials in criminal cases

c. fair trials in criminal cases

d. an attorney in criminal cases

5. The Federal Sentencing Guidelines are

a. no longer mandatory

b. no longer discretionary

c. no longer applicable

d. no longer fair

6. The name given to the test used to determine whether a sentence constitutes cruel and unusual punishment is

a. balancing

b. scales of justice

c. proportionality

d. moderation

7. In the 1972 case of Furman v. Georgia,death penalty laws in all states were struck down as

a. “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 Court

d. “arbitrary and illogical” by the U.S. Supreme Court

8. 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

Strayer LEG320 Week 5 Quiz