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$1.00 Lesson 4
- From Law: General-Law
- Closed, but you can still post tutorials
- Due on Dec. 24, 2008
- Asked on Dec. 23, 2008 at 11:50:38AM
Q:Defenses and Punishments EXAMINATION NUMBER:40685900
Alice is an appellate attorney whos filed an appeal on behalf of
Boris the Burglar. Boris was convicted of burglarizing an
uninhabited dwelling. He is 21, and had only misdemeanor
convictions on his record until now, yet the judge sentenced him
to life in prison without parole. Alice wants Boris sentenced
reduced. Her best argument for the appellate court is that the
sentence violates the _____ test.
A. same conduct
B. proportionality
C. excessive fines
D. guilty conduct
2. Centuries ago in England and Europe, punishment
A. was predominantly corporal and capital.
B. typically involved long prison sentences.
C. was less harsh than in the American colonies.
D. rarely involved the death penalty.
3. To justify imposition of the death penalty, a judge or jury must find the existence of one or
more _______ circumstances.
A. proportional C. aggravating
B. balancing D. mitigating
4. The U.S. Supreme Court, in _______ voided all existing state capital punishment laws.
A. Ingraham v. Wright C. Coker v. Ga.
B. Furman v. Georgia D. Solem v. Helm
5. All jurisdictions have some form of sentence _______ statutes that provide for additional
punishment if certain conditions (e.g., carried a firearm) are present.
A. proportionality C. cumulation
B. enhancement D. diminution
6. In Woodson v. N.C. (1976) the U.S. Supreme Court found _______ unconstitutional.
A. the death penalty for rape of an adult female
B. the death penalties in all states to be
C. aggravating and mitigating circumstances death penalty statutes
D. mandatory death penalty statutes
7. Most states that have adopted the guilty but mentally ill verdict have
A. adopted the defense of diminished capacity.
B. also retained the traditional insanity defense.
C. abolished all forms of the insanity offense.
D. substituted this verdict for the verdict of not guilty by reason of insanity.
8. Competency to stand trial relates to the defendants capacity to _______ and cooperate
with the defense attorney.
A. remember prior proceedings in the case
B. prove diminished capacity
C. understand the proceedings and charges
D. assert an insanity defense
9. The right-wrong test of insanity is also known as the _______ test.
A. product C. MNaghten
B. substantial capacity D. irresistible impulse
10. At least 12 states have created a new verdict in insanity cases called
A. not guilty by reason of mental illness.
B. guilty but mentally ill.
C. not guilty by reason of insanity.
D. innocent but mentally ill.
11. In most states today, when a person reaches age _______ theyre no longer eligible for
juvenile court.
A. 15 C. 17
B. 16 D. 18
12. When theres no specific part of the U.S. Constitution that covers a particular use of force,
courts then look to the _______ clause.
A. bill of attainder C. due process
B. ex post facto D. equal protection
13. According to common law, deadly force could
A. not be used to resist an unlawful arrest.
B. be used to discipline children.
C. not be used against fleeing felons.
D. be used to defend or protect property.
14. Once a defendant has been convicted and sentenced, which constitutional amendment
protects prisoners against use of force by prison guards?
A. The Sixth Amendments guarantee of a public trial
B. The Eighth Amendments guarantee against cruel and unusual punishment
C. The First Amendment right to free speech
D. The Tenth Amendment right to state sovereignty
15. Ponytail Peter was driving down a quiet street obeying all street signs, except for onea
stop sign that was partially hidden by a bush. A cop, who had been hiding behind the
shrub, immediately pulled Peter over. After noticing Peters ponytail, the officer asked him
to step away from the vehicle while he searched the glove compartment. In it, the officer
found a single marijuana cigarette. Peter was arrested for possession. Is the arrest legal?
A. Yes, because Peter must have been driving under the influence
B. Yes, because the officer had the right to search the passenger compartment of
Peters car
C. No, because Peter had a prescription for medical marijuana
D. No, because the search and seizure violated the Fourth Amendment
16. According to the text, two of the three key points in the lawful use of force for
self-defense are
A. immediacy and contingency.
B. necessity and reasonableness.
C. sufficiency and contingency.
D. lawfulness and sufficiency
17. Kyle was convicted of shoplifting at Kmart in San Diego. Two months later, he was arrested
for shoplifting at the same Kmart yet again. May Kyle be tried for the crime?
A. No, because to do so would violate double jeopardy
B. No, because to do so would violate due process
C. Yes, because he has a right to a speedy and public trial
D. Yes, because its a civil offense
18. An affirmative defense is one that
A. negates an element of the offense.
B. admits the crime but alleges additional considerations.
C. must be proven by the prosecution beyond a reasonable doubt.
D. impeaches the credibility of the witnesses.
19. The general rule is that ignorance of the law is
A. a defense only if it negates the mens rea.
B. a defense to felonies.
C. not a defense to misdemeanors.
D. not a defense.
20. Duress is not a defense to ________ in most states.
A. misdemeanors C. any crime
B. felonies D. murder
