Soc of Law Test 4 (Test Bank)

Identify which of the following is true about jury size

The minimum size of individuals on a jury in criminal cases is 6.

Legislature requires judges to sentence an offender to a minimum sentence no matter the mitigating factors. This refers to ______. \n

mandatory minimum sentence

Incapacitation refers to ______.

punishing to remove individual from society as an interest for safety; \n punishing to discourage from offenses happening again

Which of the following cases started the moratorium on the death penalty.

*Furman v. Georgia*

Identify which of the important functions of trials assures that the government will intervene to protect citizens by prosecuting wrongdoers. \n

security

House arrest is an example of ______.

intermediate sanctions \n

Tommy is a juror in a case where there is ample evidence of the defendant’s guilt. However, Tommy believes that the system is imposing harsh sentences for that specific crime and does not want to participate in it. He tells other jurors they should vote the defendant not guilty. Tommy is engaging in ______.

nullification

Tom was convicted of rape and received the sentence of life in prison with the possibility of parole. He is up for parole board review. His sentence is an example of ______. \n

indeterminate

Identify which of the following cases ended the moratorium on the death penalty.

*Gregg v. Georgia* \n

Rehabilitation refers to ______. \n

punishment intended to transform individual into productive member of society

Retribution refers to ______. \n

punishing in order to harm the individual that caused harm \n

Boot camps are an example of ______.

intermediate sanctions \n

The exclusion of a juror for no reason whatsoever is known as ______.

peremptory challenge

Community service is an example of _____

intermediate sanction \n

Judges establishing the actual time served refers to ______.

determinate sentence \n

Which of the following is NOT true about *Gregg v. Georgia*? \n

It started the moratorium on the death penalty. \n

Identify which case decided that a 12-person jury is not constitutionally required.

*Williams v. Florida*

Lisa was convicted of her third felony and the judge had to give her a set sentence without looking at her past history. Her sentence is an example of ______. \n

mandatory minimum \n

*Gregg v. Georgia* ended the moratorium on the death penalty. Identify which of the following WAS NOT factored into the decision process? \n

mandatory sentencing \n

Tony believes that individuals who commit crime can learn to become productive members of society. He most likely agrees with what purpose of punishment? \n

rehabilitation \n

The conscious and deliberate decision of a jury to acquit a defendant despite the awareness of guilt is known as ______. \n

nullification

Tom believes that individuals should be punished in order to send the message that crime should not occur. Tom most likely agrees with what purpose of punishment? \n

deterrence

Ana believes that individuals who commit crime need to reimburse the victims from whatever they took. Ana most likely agrees with what purpose of punishment? \n

restoration \n

The exclusion of a juror for the inability to be fair is known as ______.

challenge for cause \n

Which of the following is NOT true about *Furman v. Georgia*?

The death penalty was ruled unconstitutional.

Identify the year in which scientific jury selection was used for the first time.

1972 \n

Deterrence refers to ______.

punishing to discourage from offenses happening again \n

Which of the following is NOT true about juries and social science?

It is proven that scientific jury selection can predict the behavior of specific jurors.

A crime being particularly brutal would be considered ______.

an aggravating circumstance \n

Which of the following is NOT true about the death penalty? \n

It was deemed unconstitutional. \n

A criminal having a very abusive past would be considered ______.

a mitigating circumstance \n

A legislatively established commission provides a sentencing formula based on various factors in ______. \n

presumptive sentencing \n

Minimum and maximum sentences are given by judges, but parole boards reviewing cases decide actual sentence time being served. This refers to ______. \n

indeterminate sentences

Identify which case decided the division of responsibility between the judge and the jury. \n

*Sparf and Hansen v. United States*

Jessica believes that individuals who commit crime should be locked up so that they can pay for their crimes. Jessica most likely agrees with what purpose of punishment?

retribution \n

Most states and federal systems provide for appeals.

F

In 1976, the Supreme Court ruled that the death penalty was no longer administered in a “cruel and unusual fashion.” \n

T

Exoneration is the formal acknowledgment that the defendant is innocent.

T

Life without parole is the alternative sentence given in those states that do not allow for capital punishment. \n

T

There are 23 states that still use the death penalty.

F

In 1972, the Supreme Court ruled that the death penalty was unconstitutional.

F

The United Nations was formed in 1946. \n

F

Juries must be comprised of 12 individuals.

F

Death penalty cases are automatically appealed to a higher court.

T

The federal government allows for the death penalty

T

Reconciliation focuses on transforming the individual into a productive member of society. \n

F

Retribution focuses on compensation to the victim.

F \n

Short-term shock incarceration is an example of intermediate sanctions.

F

Deterrence focuses on punishment as a discouragement for future offending.

T

Rehabilitation focuses on punishing the individual for the harm caused.

F

Summarize the basics of the indeterminate sentence. \n

The legislature specifies a minimum and maximum sentence for an offense. The judge imposes a minimum and maximum sentence, and the parole board reviews the offender’s sentence and determines the actual time that the offender serves in prison. In some jurisdictions, the legislature fixes the minimum sentence and the judge sets the maximum to be served. \n

Define and explain presumptive sentencing guidelines. Why is this important? \n

A legislatively established commission provides a sentencing formula based on various factors, stressing the nature of the crime and the offender’s criminal history. Judges may be strictly limited in terms of discretion or may be provided with flexibility within established limits. The judge must justify departures from the presumptive sentence on the basis of various aggravating and mitigating factors that are listed in the guidelines. A prosecutor may file a motion for a downward departure for a defendant who provides substantial assistance to the prosecutor. Appeals are provided in order to maintain “reasonable sentencing practices” in those instances in which a judge departs from the presumptive sentence in the guidelines. \n

Discuss and explain the significance of the seriousness of offense and the defendant’s prior record. \n

Studies indicate the principal basis for sentences are the seriousness of the offense and the defendant’s criminal history. Offenders who commit more serious crimes receive longer sentences and are more likely to be incarcerated than individuals who commit less serious offenses. There are a number of approaches to determining the seriousness of an offense. This may entail whether the offense is categorized as a serious felony or minor misdemeanor, the type of injury to the victim, the value of the property that is stolen or damaged, whether the defendant used a weapon, and society’s view of the threat posed by the offense. The other primary determinant of the severity of a sentence is the defendant’s prior criminal record.

Explain and discuss the history and significance of Sentencing Reform and Three Strikes Laws. \n

In 1980, Minnesota adopted sentencing guidelines in an effort to provide for uniform, proportionate, and predictable sentences. Currently more than a dozen states employ guidelines. In 1984, the U.S. Congress passed the Sentencing Reform Act. The law went into effect in 1987 and established the U.S. Sentencing Commission, which drafted binding guidelines to be followed by federal judges in sentencing offenders. Sentences under the federal guidelines are based on a complicated formula that reflects the seriousness and characteristics of the offense and the criminal history of the offender. The judge employs a sentencing grid and is required to fix a sentence within the narrow range where the offender’s criminal offense and criminal history intersect on the grid. A series of Supreme Court cases beginning with *United States v. Booker* have established that the guidelines are advisory and do not bind federal judges in sentencing.

Explain and discuss the historicity of unanimous verdicts in jury decision-making.

Historically unanimous verdicts were required in the criminal justice system. The requirement of unanimity among a group of 12 individuals necessitates that juries consider the views of all jurors to reach a consensus. In 1972, the U.S. Supreme Court held that the Constitution permits state criminal juries to decide cases by a 10–2 or 9–3 margin in noncapital cases (*Apodaca v. Oregon,* 406 U.S. 404 \[1972\]; *Johnson v. Louisiana,* 406 U.S. 356 \[1972\]). The Court concluded that reducing the size of the jury would not impact the accuracy of jury verdicts because a majority of jurors are required to agree that a defendant’s guilt had been established beyond a reasonable doubt. The fact that a verdict was nonunanimous would not mean that verdicts were decided without a vigorous debate and a close consideration of the evidence.

Identify which of the following is NOT true about racial profiling. \n

it is allowed by the Fourth Amendment \n

Identify which of the mass incarceration characteristics focuses on prison issues such as the conditions of super max facilities. \n

warehousing \n

Identify which of the following cases established the ‘separate but equal’ rule.

*Plessy v. Ferguson 1865*

This theme of CRITICAL RACE THEORY speaks of law as a mechanism for maintaining White dominance. \n

law and subordination

An individual working to pay off a debt is enslaved under ______.

debt bondage \n

The National Rifle Association proposed ______.

stand your ground laws \n

Identify which of the following is NOT true about stand your ground laws. \n

lowers crime \n

Identify which modern form of slavery is the closest version of slavery to traditional slavery. \n

chattel slavery \n

Identify which of the mass incarceration characteristics below focuses on the discretion of judges to sentence defendants based on their individual characteristics?

zero tolerance \n

Identify which of the following cases established that aliens entering the United States are bound by American law. \n

*United States v. Carlisle 1872* \n

This law regulated opium, morphine, and cocaine and their derivatives.

Harrison Act \n

The Anti-Drug Abuse Act accomplished which of the following? \n

established the disproportionate sentences between crack and powder cocaine

This theme of CRITICAL RACE THEORY posits that race is not something biological.

construction of race \n

Child soldiers are examples of ______.

war slavery

Families giving other members to individuals in order to atone for their sins constitutes which form of modern slavery? \n

religious slavery

Identify which of the following is NOT part of the true cultural defense. \n

The interest in respecting and recognizing the individual’s cultural tradition is outweighed by the social interest in preventing the criminal behavior. \n

Identify which of the mass incarceration characteristics focuses on the trend that is going to result in one in 15 Americans born in 2001 serving time in prison. \n

scale \n

Identify which of the following is true about the relationship between crack and powder cocaine. \n

Sentences for crack and powder cocaine are not identical yet but are more so than in the past. \n

Identify which of the mass incarceration characteristics focuses on the increase in prison population by the narcotics arrests. \n

drugs

This theme of CRITICAL RACE THEORY speaks of disadvantages of minorities all combined together (race, class, and gender). \n

intersectionality \n

Identify which of the following is NOT part of the true cultural defense.

They were unaware that a reasonable person would be aware that the act violated U.S. domestic criminal law. \n

Identify which of the mass incarceration characteristics focuses on the fact that minorities are incarcerated in higher numbers than Whites. \n

selective incarceration \n

Critical Race Theory uses stories to educate readers on the challenges confronting African Americans and other minorities. Identify which of the following themes of CRITICAL RACE THEORY claims this. \n

perspective \n

Identify which of the following established the disproportionate sentences between crack and powder cocaine. \n

Anti-Drug Abuse Act of 1986

What was the main accomplishment of the *Plessy v. Ferguson* case? \n

established the ‘separate but equal’ rule \n

The case of *Arizona v. United States* contended that Bill 1070 was unconstitutional because it ______. \n

interfered with federal jurisdiction over immigration \n

An individual would be guilty of a hate crime in ALL BUT ONE of the following.

restricting reproductive rights to a group member based on religion

This theme of CRITICAL RACE THEORY views inequality as an essential feature of American society.

racism \n

This theme of CRITICAL RACE THEORY speaks about White racial identity as a property right and White privilege. \n

property

This theme of CRITICAL RACE THEORY speaks of the factors that keep African Americans and other minorities in a subordinate status. \n

law in context \n

What was the main accomplishment of the *United States v. Carlisle* case?

established that aliens entering the US are bound by American law \n

This theme of CRITICAL RACE THEORY speaks of how existing legal approaches often fail to offer full legal protection to minorities. \n

alternative legal analysis \n

This theme of CRITICAL RACE THEORY speaks of minorities suffering discrimination beyond what is directed at women and the poor. \n

essentiality \n

This theme of CRITICAL RACE THEORY considers the law a tool to maintain White dominance. \n

legal equality

This theme of CRITICAL RACE THEORY speaks of law as a mechanism for maintaining White dominance. \n

law as subordination \n

*Plessy v. Ferguson* held that separate but equal education institutions are constitutional. \n

F

Mandatory minimum sentences are identified as one of the causes of mass incarceration. \n

T

There is substantial evidence that Stand Your Ground laws decrease crime.

F

Sentences for crack and powder cocaine are identical.

F

The United States has 5% of the world population and 25% of the prison population.

T

Cultural Defense is allowed in the United States. \n

F

The 6th Amendment to the U.S. Constitution prohibits unreasonable searches and seizures. \n

F

Stand your ground law has significantly lowered crime rates.

F

Pretext arrests are an example of discriminatory justice.

T

Racial profiling is defined as the reliance on race as the basis for detaining an individual for investigation or for arrest. \n

T