_____ is defined as states in which a sentence of death is based on balancing aggravating and mitigating circumstances.
Answer
Correct Answer:
Weighing states
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_____ is law requiring that three felonies result in lengthy imprisonment or life in prison.
Answer
Correct Answer:
Three Strikes and You’re Out law
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Is successive petition doctrine rule prohibiting the filing of a second habeas petition that raises a claim that has been presented in a prior petition?
Answer
Correct Answer:
True
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_____ is known as punishment that is intended to deter a specific individual from committing additional crimes.
Answer
Correct Answer:
Specific deterrence
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_____ is defined as a judicial hearing to determine a defendant’s criminal sentence.
Answer
Correct Answer:
Sentencing hearing
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_____ is a formula established by a state legislature for determining criminal sentences.
Answer
Correct Answer:
Sentencing guidelines
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Is selective incapacitation punishment that singles out offenders who have committed designated offenses for lengthy incarceration?
Answer
Correct Answer:
True
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_____ is known as right of a defendant to address the judge at a sentencing hearing.
Answer
Correct Answer:
Right of allocution
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_____ is defined as punishment that is intended to exact vengeance or revenge.
Answer
Correct Answer:
Retribution
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_____ is punishment that compensates the victim for the losses resulting from crime.
Answer
Correct Answer:
Restoration
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Is rehabilitation punishment that is designed to assist an individual who is criminally convicted to become a law-abiding and productive member of society?
Answer
Correct Answer:
True
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_____ is known as report submitted to a judge by a probation officer containing factors that are relevant for establishing a defendant’s criminal sentence.
Answer
Correct Answer:
Presentence report
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_____ is defined as exception that permits an appellate court to review an error that was not raised in the trial court.
Answer
Correct Answer:
Plain error exception
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_____ is a release from additional criminal punishment.
Answer
Correct Answer:
Pardon
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Is nonweighing states states in which the death penalty may be imposed once the jury finds an aggravating circumstance and that the death penalty is justified based on the totality of the circumstances?
Answer
Correct Answer:
True
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_____ is known as an issue that is unnecessary for an appellate court to address.
Answer
Correct Answer:
Moot
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_____ is defined as an appeal taken prior to the final verdict.
Answer
Correct Answer:
Interlocutory appeal
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_____ is punishment intended to isolate an offender from society.
Answer
Correct Answer:
Incapacitation
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Is habeas corpus latin for “you have the body”; a writ of habeas corpus is an order issued by a judge to a government official (usually the warden of a correctional institution) to bring an imprisoned individual to court and explain why the individual is in detention?
Answer
Correct Answer:
True
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_____ is known as criminal penalty intended to discourage individuals from committing a crime.
Answer
Correct Answer:
General deterrence
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_____ is defined as rule that an appeal may be taken only following a verdict.
Answer
Correct Answer:
Final judgment rule
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_____ is amendment to the U.S. Constitution that includes a prohibition on cruel and unusual punishment.
Answer
Correct Answer:
Eighth Amendment
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Is determinate or fixed-time sentencing a fixed and certain criminal punishment?
Answer
Correct Answer:
True
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_____ is known as criminal sentences served one after another.
Answer
Correct Answer:
Consecutive sentences
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_____ is defined as criminal sentences served at the same time.
Answer
Correct Answer:
Concurrent sentences
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_____ is remedies that are available following the exhaustion of direct appeals.
Answer
Correct Answer:
Collateral remedies
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Is clemency a reduction in a criminal punishment?
Answer
Correct Answer:
True
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_____ is known as exception that allows a defendant who defaulted on his or her appeal to file a writ of habeas corpus if he or she is able to demonstrate that the state caused the default by withholding information or by some other misconduct or that the default resulted from ineffective assistance of counsel.
Answer
Correct Answer:
Cause and prejudice
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_____ is defined as a death sentence.
Answer
Correct Answer:
Capital punishment
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_____ is requirement that violation of a fundamental constitutional right during trial results in the reversal of a conviction on appeal.
Answer
Correct Answer:
Automatic reversal rule
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Is actual innocence a claim on a petition for a writ of habeas corpus that the defendant did not commit a crime?
Answer
Correct Answer:
True
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_____ is known as prohibition on filing successive writs of habeas corpus raising the same issue.
Answer
Correct Answer:
Abuse of writ doctrine
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_____ is defined as failure to file timely state appeal for postconviction relief when an attorney has dropped the case without notice to the defendant.
Answer
Correct Answer:
Abandonment
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Christopher is a defendant in a manslaughter case, he was provided the opportunity to make a statement. This is referred to as the ______.
Answer
Correct Answer:
Right of allocution
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The protection against cruel and unusual punishment is found in which amendment?
Answer
Correct Answer:
The Eighth Amendment
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In most jurisdictions, who completes and files the presentence report?
Answer
Correct Answer:
A probation officer
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A punishment in which a defendant is allowed to return home under a series of restrictions and must regularly report to an officer without ever having been sentenced to incarceration is known as ______.
Answer
Correct Answer:
Probation
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All of the following were identified in the text as purposes of punishment EXCEPT ______.
Answer
Correct Answer:
Institutionalization
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The final judgment rule provides that a defendant ordinarily may appeal only following a guilty verdict and sentencing.
Answer
Correct Answer:
True
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Federal habeas corpus review is the most important collateral remedy for both federal and state inmates.
Answer
Correct Answer:
True
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If an appellate court finds a trial to have “structural defects” in those areas fundamental to a fair trial, a new trial is automatically ordered.
Answer
Correct Answer:
True
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Generally speaking, an appeal must be filed after a guilty verdict has been handed down.
Answer
Correct Answer:
True
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In a weighing state, in order to recommend the death penalty, a jury must evaluate the aggravating circumstances against the mitigating circumstances and find the aggravating circumstances more significant.
Answer
Correct Answer:
True
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One criticism of mandatory drug laws is that they fail to take into consideration the unique qualities of each situation.
Answer
Correct Answer:
True
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Federal sentencing guidelines serve to severely restrict the discretion of judges in regard to sentencing.
Answer
Correct Answer:
True
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One example of an intermediate sanction is parole.
Answer
Correct Answer:
False
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The current trend in corrections/sentencing is toward determinate sentencing.
Answer
Correct Answer:
False
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According to old English common law, the penalty for misdemeanor was a public flogging.
Answer
Correct Answer:
True
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