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Strayer LEG320 Week 5 Quiz - Document preview page 1

Strayer LEG320 Week 5 Quiz - Page 1

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Strayer LEG320 Week 5 Quiz

A solved quiz for LEG 320 covering week 5 legal topics.

Benjamin Fisher
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Strayer LEG320 Week 5 Quiz - Page 1 preview imageStrayer LEG320 Week 5 QuizReport this Question as InappropriateCHAPTER 8CRIMINAL PUNISHMENTSMULTIPLE CHOICE1. The Sixth Amendment requires that factual findings made for the purpose of enhancing asentence must be made by aa. juryb.judgec.prosecuting attorneyd.defense attorney2. InRing v. Arizona,536 U.S. 584 (2002), the Court held that a state capital sentencingprocedure that permitted the sentencing judge to make the factual determination of theaggravating and mitigating circumstances presenta. violated the Sixth Amendment’s right of trial by juryb.violated the Sixth Amendment’s right of trial by judgec.violated the Sixth Amendment’s right to a speedy triald.violated the Eight Amendment’s right to freedom from cruel and unusual punishment3. InBlakely v. Washington, the Supreme Court held the sentence was invalid under the SixthAmendment, because the defendant was entitled to a jury trial on the facts supporting the findingthat he acted witha. deliberate crueltyb.deliberate indifferencec.deliberate apathyd.deliberate malice4. InBooker,the Court held that under the holdings ofApprendiandBlakeley,the FederalSentencing Guidelines violated the Sixth Amendment’s right toa. jury trials in criminal casesb.speedy trials in criminal casesc.fair trials in criminal casesd.an attorney in criminal cases5. The Federal Sentencing Guidelines area. no longer mandatoryb.no longer discretionary
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Strayer LEG320 Week 5 Quiz - Page 3 preview imagec.no longer applicabled.no longer fair6. The name given to the test used to determinewhether a sentence constitutes cruel and unusualpunishment isa.balancingb.scales of justicec. proportionalityd.moderation7. In the 1972 case ofFurman v. Georgia,deathpenalty laws in all states were struck down asa. “arbitrary and capricious” by the U.S. Supreme Courtb.“arbitrary and changeable” by the U.S. Supreme Courtc.“random and capricious” by the U.S. Supreme Courtd.“arbitrary and illogical” by the U.S. Supreme Court8. InIngraham v. Wright,the Supreme Court considered the relationship between the cruel andunusual punishment clause and the use of corporal punishment ina. public schoolsb.prisonsc.the work placed.private schools9. The U.S. Supreme Court has held that reasonable corporal punishment in public schoolsa.violates the Eighth Amendmentb.violates substantive due processc. is not covered by the cruel and unusual punishments claused.violates equal protection10. In a public school, any excessive, unreasonable corporal punishment which would shock theconscience would be a violation ofa. substantive due processb.procedural due processc.the cruel and unusual punishment claused.equal protection11. The absence of fairprocedures before corporal punishment is utilized on a public schoolstudent would be a violation ofa.substantive due processb. procedural due processc.the cruel and unusual punishment claused.equal protection
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