Chapter 15: Quiz

Section 1: True/False

Please indicate which answers below are true and which are false:

1. Execution is not considered to be “cruel and unusual punishment.”
   
   

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2. Whipping is considered to be “cruel and unusual punishment.”
   
   

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3. The jury imposes the sentence on the defendant.
   
   

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4. The sentence must be proportional to the crime.
   
   

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5. Sentencing guidelines take away much of the discretion that judges formerly enjoyed in sentencing defendants.
   
   

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6. The death penalty can be imposed in any conviction for a first-degree murder case.
   
   

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7. In some states, private companies have gotten into the business of running prisons.
   
   

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8. 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. 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. An appeal or a case is essentially another trial of the case.
    
    

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Section 2: Multiple Choice

Please indicate the correct answer for the following questions:

1. 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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2. 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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3. 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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4. The appellate court publishes its decision in a(n):

a. letter

b. opinion

c. brief

d. conclusion

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5. 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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6. 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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7. When a judge sentences a person convicted of misdemeanor theft to a twenty-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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8. 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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9. 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

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10. 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 or not 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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