Strayer LEG320 Week 5 Quiz
A solved quiz for LEG 320 covering week 5 legal topics.
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Strayer LEG320 Week 5 Quiz
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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
Report this Question as Inappropriate
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
9. The U.S. Supreme Court has held that reasonable corporal punishment in public schools
a. violates the Eighth Amendment
b. violates substantive due process
c. is not covered by the cruel and unusual punishments clause
d. violates equal protection
10. In a public school, any excessive, unreasonable corporal punishment which would shock the
conscience would be a violation of
a. substantive due process
b. procedural due process
c. the cruel and unusual punishment clause
d. equal protection
11. The absence of fair procedures before corporal punishment is utilized on a public school
student would be a violation of
a. substantive due process
b. procedural due process
c. the cruel and unusual punishment clause
d. equal protection
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
9. The U.S. Supreme Court has held that reasonable corporal punishment in public schools
a. violates the Eighth Amendment
b. violates substantive due process
c. is not covered by the cruel and unusual punishments clause
d. violates equal protection
10. In a public school, any excessive, unreasonable corporal punishment which would shock the
conscience would be a violation of
a. substantive due process
b. procedural due process
c. the cruel and unusual punishment clause
d. equal protection
11. The absence of fair procedures before corporal punishment is utilized on a public school
student would be a violation of
a. substantive due process
b. procedural due process
c. the cruel and unusual punishment clause
d. equal protection
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Document Details
University
Strayer University
Subject
Civil Law