Criminal Courts and Procedures Test 3

Modules 7, 8, +9

During the sentencing pronouncement for a defendant charged with simple battery, Judge Thibideaux explains to the defendant that he will be sentenced to 60 days in jail and ordered to pay $500 to the victim for hospital bills. The judge then explains that it is what the defendant deserves and will right the wrong done by the defendant. The most accurate description of the judge's sentencing philosophy is _______________.

Retribution

During the sentencing pronouncement for a defendant charged with armed robbery after a history of violent misdemeanors, Judge Boudreaux sentences the defendant to eight years in prison. He told the defendant that, after continuing to exhibit violent behavior, the community needed to be protected from his escalating violence. The most accurate description of Judge Boudreaux's sentencing philosophy is ________________. 

Incapacitation

The practice of incarcerating primarily those who commit the most crimes when they are free is known as _________________.

Selective incapacitation

The Supreme Court's decision in Gregg v. Georgia (1976) established that which of the following practices is Constitutional under the 8th Amendment?

Guided Discretion

There are certain things required in death penalty cases. Which of the following is NOT considered mandatory?

Diverse jury

Which of the following sentence types is the most common in federal drug cases?

Prison

The increased likelihood of incarceration and longer sentences for defendants who do not plead guilty is referred to as ____________________ by researchers.

The Trial penalty

When juries assess the likelihood of a person offending again in determining a sentence, they are trying to determine ____________________.

Future dangerousness

True or False: When there is a downward departure from the mandatory minimum sentence, the Supreme Court has determined that only the jury can make that decision, and they can only do so if the mitigating factors have been proven beyond a reasonable doubt. 

False

True or False: The Supreme Court has determined in Ring v. Arizona (2002) that a judge is not allowed to exceed the statutory maximum sentence, only a jury can do so, and those aggravating factors must be proven beyond a reasonable doubt

True

The authority of the court to examine a law and determine its constitutionality is referred to as ________________________. This power was granted to the courts as a result of Marbury v. Madison, not the Constitution.

Judicial Review

In order for a case to be sent to the Supreme Court, the appellant must petition for a ____________________.

Writ of Certiorari

In deciding whether to hear an appeal, the Supreme Court will issue a writ of certiorari if at least ______________ justice(s) agree to hear the case

4

Suppose a case regarding activities conducted on the internet is before the Second District Court of Appeals in Florida. In presenting their case, the appellant argues that the lower court's ruling was erroneous based on the reasoning provided in a case before the Georgia Supreme Court, where the facts of the case were similar. The Second DCA (nor any other court in FL), having never heard a case regarding this particular type of issue, should do which of the following with the case law from Georgia?

take it under consideration as guidance in their own decision

Which of the following is grounds for an interlocutory appeal?

imposition of excessive bail

True or False: In arguing their case before an appellate court, the appellant and the appellee have as much time as they need to present oral arguments on the issues from their appellate briefs.

False

True or False: If the appellate court finds any legal error or defect in the pretrial or trial process, they must reverse the conviction and order a new trial.

False

True or False: Even though they are not licensed attorneys, fellow inmates are allowed to help one another prepare petitions for a writ of habeas corpus.

True

If there is newly discovered evidence in a defendant's case that may exonerate him or her after they are convicted and serving time in prison, but no constitutional rights violations occurred, what would the appropriate recourse be for that defendant to have their conviction and sentence removed?

petition for clemency or commutation of sentence

True or False: The defendant does not have a federal Constitutional right to an appeal of a conviction.

True