Sentencing and Appeals MCQ

_____ is known as punitive laws imposing mandatory life sentence in prison on conviction of a third felony

Answer

Correct Answer: “Three-strikes” laws

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_____ is defined as imposition of a sentence in which the amount of time to be served is nullified

Answer

Correct Answer: Suspended sentence

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_____ is after conviction, a hearing to help the judge determine an appropriate sentence

Answer

Correct Answer: Sentencing hearing

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Is risk assessment a method of calculating the odds an offender will commit more crime?

Answer

Correct Answer: True

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_____ is known as acts surrounding the commission of a crime that the judge may consider in fashioning an appropriate sentence without increasing the sentence in violation of Apprendi v. New Jersey (1999)

Answer

Correct Answer: Relevant conduct

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_____ is defined as process by which a court compares sentences imposed on similarly situated defendants to ensure that they have been sentenced fairly

Answer

Correct Answer: Proportionality review

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_____ is a sentence releasing the defendant into the community under court supervision without the defendant having served any time in prison

Answer

Correct Answer: Probation

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Is presentence report the written result of the presentence investigation?

Answer

Correct Answer: True

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_____ is known as an investigation by the court of the defendant’s life and crime conducted to assist the judge in imposing an appropriate sentence

Answer

Correct Answer: Presentence investigation

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_____ is defined as a prisoner’s early release from confinement under court supervision

Answer

Correct Answer: Parole

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_____ is the executive branch (federal and all states) can commute an offender’s conviction.

Answer

Correct Answer: Pardon

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Is megan’s Laws laws that require sex offenders to register and possibly notify the communities in which they live of their criminal history?

Answer

Correct Answer: True

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_____ is known as if an offender cannot get proper redress on appeal, courts may examine the case to fix a grave mistake; for some cases, redress is to obtain executive clemency

Answer

Correct Answer: Manifest injustice

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_____ is defined as a sentence that ensures an offender will serve no less than a certain number of years of incarceration

Answer

Correct Answer: Mandatory minimum sentence

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_____ is an appeal filed before a final judgment is rendered in a particular case

Answer

Correct Answer: Interlocutory appeal

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Is indeterminate sentencing a sentence of a range of years of imprisonment, such as 7 to 15 years, with the expectation that good behavior while in prison will result in an earlier release?

Answer

Correct Answer: True

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_____ is known as a rule that allows appeals only from decisions that definitively resolve an issue in the case

Answer

Correct Answer: Final judgment rule

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_____ is defined as enacted in 1987 to reduce sentencing disparities in federal courts; made federal sentencing a mathematical equation; once mandatory, now advisory

Answer

Correct Answer: Federal Sentencing Guidelines

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_____ is reduced the 100:1 powder cocaine to crack disparity in federal guideline sentencing

Answer

Correct Answer: Fair Sentencing Act

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Is expungement the sealing or destroying of a defendant’s criminal record?

Answer

Correct Answer: True

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_____ is known as the process a convicted defendant must go through to finish all available levels of legal review before a higher court entertains an appeal

Answer

Correct Answer: Exhaustion of remedies

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_____ is defined as the legal standard by which the U.S. Supreme Court removes certain defendants (e.g., juveniles who kill, and intellectually disabled offenders) from eligibility for the death penalty

Answer

Correct Answer: Evolving standards of decency

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_____ is a sentence imposed for a fixed period of time

Answer

Correct Answer: Determinate sentencing

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Is cruel and unusual punishment prohibited by the Eighth Amendment?

Answer

Correct Answer: True

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_____ is known as sentences imposed on one offender on conviction of many crimes that run one after the other (e.g., sentence A runs for 5 years, then sentence B starts to run)

Answer

Correct Answer: Consecutive sentences

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_____ is defined as Sentences imposed on one offender on conviction of many crimes that run at the same time

Answer

Correct Answer: Concurrent sentences

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_____ is an exception that allows appeals before a final judgment

Answer

Correct Answer: Collateral order doctrine

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Is capital punishment government-sanctioned homicide as a punishment for the crime of first-degree murder?

Answer

Correct Answer: True

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_____ is known as in death penalty cases, first minitrial determines whether the defendant is innocent of first-degree murder; if not, case proceeds to second minitrial, where the jury decides whether to impose a life without parole or death sentence

Answer

Correct Answer: Bifurcated trial

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_____ is defined as shortened the time for, and the number of, habeas corpus petitions filed on behalf of prisoners

Answer

Correct Answer: Antiterrorism and Effective Death Penalty Act of 1996 (AEDPA)

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_____ is the defendant’s right to address the court before sentence is imposed

Answer

Correct Answer: Allocution

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Is actual innocence a defendant’s claim that to he is “innocent” of a crime for which he has been convicted?

Answer

Correct Answer: True

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The U.S. Supreme Court is in favor of executing offenders who claim they are “actually innocent” of the crime for which they have been convicted and sentenced to death.

Answer

Correct Answer: False

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The COMPAS risk assessment algorithm may be the sole basis a judge relies on to determine an offender’s sentence.

Answer

Correct Answer: False

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There is no one definition of “cruel and unusual” punishment.

Answer

Correct Answer: True

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Execution of offenders is guided by which of the following U.S. Supreme Court’s standard?

Answer

Correct Answer: Evolving standards of decency

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During death-penalty voir dire, a Witherspoon or Witt excludable means the potential juror cannot______.

Answer

Correct Answer: Impose the death penalty

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In the 1980s, the term “superpredator” entered the popular vernacular and, as a result, many states did which of the following with juveniles?

Answer

Correct Answer: Lowered the age at which juveniles could be tried as adults

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Megan’s Laws classify sex offenders in the following tiers EXCEPT______.

Answer

Correct Answer: Tier 4: Civil commitment of sex offenders

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Three-strike laws were enacted as a response to the public perception that offenders repeatedly______.

Answer

Correct Answer: Went in and out of prison

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Offenders serving a suspended sentence often must meet all of the following conditions while on probation and parole, EXCEPT______.

Answer

Correct Answer: Becoming government informants

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Mandatory minimum sentences operate to force the offender to serve a______.

Answer

Correct Answer: Minimum term of incarceration

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In the Apprendi v. New Jersey (2000) case, the U.S. Supreme Court held that to enhance a sentence, “Other than the fact of prior conviction, any fact that increases the penalty for a crime beyond the prescribed statutory maximum must be submitted to a jury” and proved by which legal standard?

Answer

Correct Answer: Beyond a reasonable doubt

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To calculate a sentence under the Federal Sentencing Guidelines’ grid before making additions and subtractions, a judge determines the sentencing range by intersecting which of the following about the crime with the offender’s criminal history?

Answer

Correct Answer: Base offense level

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What type of sentence involves the imposition of fixed or flat prison time?

Answer

Correct Answer: Determinate

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Relevant conduct may be used to enhance a sentence because it is conduct______.

Answer

Correct Answer: Associated with the offense, but not charged as a crime

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The Eighth Amendment guides all sentencing decisions because it prohibits______.

Answer

Correct Answer: Cruel and unusual punishment

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