KIM WOODS Criminal Justice Multiple Choice
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mcassignment8b.pdf
Assignment 8B
Use the answer sheet to respond to the following questions. When completed, post your answer
sheet through the Assignments section. There is one correct answer per question, and each
answer is worth two points.
Example:
Which amendment protects against unreasonable searches and seizures?
a) First Amendment
b) Fourth Amendment
c) Fifth Amendment
d) Sixth Amendment
e) None of the above.
The correct answer is "B," so you would enter "B" on the answer sheet for this assignment. One
point would be awarded for this question as the question was answered correctly.
1. Sentencing agents who act beyond the limits of their authorized discretion or otherwise
impose an unconstitutional sentence
a) can be held liable in civil court and ordered to pay damages to the defendant.
b) can be held criminally liable and may be charged with violating the defendant's constitutional
rights.
c) can have their decision reviewed and overturned by an appellate court.
d) All of the above.
e) None of the above.
2. Judges and juries are limited in the sentencing process by
a) society's needs and expectations.
b) plea bargain agreements.
c) the recommendations of the prosecutor.
d) All of the above.
e) None of the above.
3. The Eight Amendment
a) specifies penalties for certain criminal offenses.
b) requires that punishment be proportionate to the offense.
c) prohibits compulsory sentences.
d) all of the above.
e) None of the above.
4. At sentencing, the judge tells the defendant, "This is your third time appearing before me for a
charge of driving under the influence. You have been given two chances, and I owe it to the
people of this district to impose a sentence that will finally get your attention and, hopefully,
make this your last offense. Therefore, I sentence you to three years in prison." This best
exemplifies which sentence philosophy?
a) retribution
b) incapacitation
c) deterrence
d) All of the above.
e) None of the above.
5. At sentencing, the judge tells the defendant, "You have been given several opportunities to
change your behavior, and, the last time you were before me, I agreed to a plea bargain that
allowed you to complete treatment rather than going to prison. I cannot allow you to continue
posing a threat to the community. Therefore, I sentence you to five years in prison, where we
know you will not cause harm."
a) retribution
b) incapacitation
c) deterrence
d) All of the above.
e) None of the above.
6. At sentencing, the judge tells the defendant, "You not only harmed the victim, you created
fear within the community. The court has no mercy for you, and I sentence you to ten years in
prison, a sentence you truly deserve." This best exemplifies which sentence philosophy?
a) retribution
b) incapacitation
c) deterrence
d) All of the above.
e) None of the above.
7. At sentencing, the judge tells the defendant, "Your crime cannot be overlooked, but your
honesty about your drug use indicates that you want to be a productive member of society.
Therefore, I order you to complete the Alcohol and Drug Addiction Program, which will give
you the opportunity to overcome your addiction and get your life back on track. This best
exemplifies which sentence philosophy?
a) retribution
b) incapacitation
c) deterrence
d) All of the above.
e) None of the above.
8. The defendant pleads guilty to intentionally damaging a number of mailboxes while walking
home intoxicated. Which of the following sentences is most consistent with the philosophy of
restorative justice?
a) The defendant is sentenced to seven days in jail.
b) The defendant is ordered to complete an alcohol treatment program.
c) The defendant is ordered to replace the damaged mailboxes.
d) All of the above.
e) None of the above.
9. The most commonly applied sanction in the lower courts is
a) community service
b) monetary fine.
c) probation.
d) imprisonment.
e) None of the above.
10. The defendant is unemployed and has no source of income that allows him to pay the
standard $500 fine for the offense of which he has been convicted. Which of the following is
true?
a) The defendant can be jailed due to his inability to pay the fine.
b) The defendant must be given an alternate sentence, such as community service.
c) The court can seize and sell any property owned by the defendant to pay the fine.
d) All of the above are true.
e) None of the above are true.
11. Probation
a) seeks to punish offenders.
b) requires regular face-to-face meetings between defendants and probation officers.
c) can be used for any offense, including murder.
d) All of the above.
e) None of the above.
12. Which of the following is not true of the history of prisons?
a) Prior to the 17th century, prisons were used as the primary method of punishment for those
convicted of crimes.
b) Until the 17th century, most convicted criminals were either executed or subjected to corporal
punishment rather than being imprisoned.
c) The first American prison held prisoners in solitary confinement in an attempt to reform
them.
d) All of the above are true.
e) None of the above are true.
13. Jails
a) are designed for long-term confinement of convicted felons.
b) offer less flexibility than prisons, which are generally funded and operated by states.
c) are often limited as a sentencing option, primarily due to overcrowding.
d) All of the above.
e) None of the above.
14. Which of the following is not currently a method of execution in the United States?
a) electrocution
b) hanging
c) lethal injection
d) All of the above are currently methods of execution in the United States.
e) None of the above are currently methods of execution in the United States.
15. All of the following are capital offenses (meaning those convicted of these offenses can be
sentenced to death) in at least one state, except
a) aircraft hijacking.
b) aggravated robbery.
c) perjury.
d) All of the above are capital offenses.
e) None of the above are capital offenses.
16. During voir dire, a juror tells the court she is 100% opposed to the death penalty and could
never vote to send someone to their death, no matter how heinous the crime. Which of the
following is true?
a) The juror's comment cannot be considered as the Supreme Court ruled such personal beliefs
and opinions cannot be taken into consideration when selecting a jury.
b) The juror's comment can be considered, and the juror can be excluded from the jury solely
because of her opposition to the death penalty.
c) The juror's comment can be considered, and the juror cannot be excluded from the jury solely
because of her opposition to the death penalty.
d) The juror's comment is irrelevant as only judges can impose the death penalty.
e) None of the above.
17. In Furman v. Georgia (1972), the Supreme Court ruled the death penalty
a) was unconstitutional.
b) could not be administered in an arbitrary manner.
c) could be imposed only for pre-meditated murder.
d) All of the above.
e) None of the above.
18. Which of the following is not an argument against capital punishment, as presented in the
text?
a) There is definitive evidence that innocent people have been wrongly convicted and executed.
b) The death penalty is used in a racially discriminatory manner.
c) Executions are more costly than life-long imprisonment.
d) All of the above are presented in the text as arguments against capital punishment.
e) None of the above are presented in the text as arguments against capital punishment.
19. The defendant is convicted as a sex offender and ordered by the court to place the following
sign in his yard: "Warning! A sex offender lives here. Do not allow children to visit this home."
This is an example of
a) home confinement.
b) creative sanctions.
c) restorative justice.
d) All of the above.
e) None of the above.
20. Which of the following is an example of day fines?
a) The offender must report to a detention or treatment center during the day but is allowed to
return home at night.
b) The offender must pay a fine equivalent to three days of pay.
c) The offender must perform community service for five days.
d) All of the above are examples of day fines.
e) None of the above are examples of day fines.
21. The process for establishing an appropriate penalty for a violation of law is known as
a) sentencing.
b) deliberation.
c) equitable consideration.
d) judicial contemplation.
e) None of the above.
22. In preparation for the responsibility of determining sentences,
a) judges receive extension training in sentencing philosophies and objectives.
b) judges are prohibited from relying on attorneys to help determine sentences.
c) judges often rely on other judges to help them develop a sense of appropriate sentences.
d) All of the above.
e) None of the above.
23. Pre-sentence investigation reports
a) are required in every criminal case that comes before the court.
b) are prepared only after a defendant is convicted or agrees to plead guilty.
c) are generally prepared by investigators within the prosecutor's office or police detectives.
d) All of the above.
e) None of the above.
24. Following a pre-sentence investigation, a probation officer recommends a defendant be
placed in an alcohol treatment program. Which of the following is true?
a) The judge may consider the recommendation but is not bound by it.
b) The judge must incorporate the treatment program into the defendant's sentence but is free to
add other sanctions.
c) The judge must accept and implement the recommendation without change.
d) The recommendation must be approved by the prosecution and the defense before being
presented to the court.
e) None of the above.
25. During sentencing hearings,
a) witnesses testify about what they saw or heard in regards to the crime for which the defendant
is charged.
b) victims of the families of victims are generally not allowed to testify as they may unfairly
prejudice the sentencing agent.
c) the defense, not the prosecution, has the burden to prove mitigating factors.
d) All of the above.
e) None of the above.
26. In terms of sentencing hearings,
a) defendants have a constitutional right to request sentencing by a jury.
b) judges are prohibited from overturning sentences imposed by juries.
c) evidence excluded at trial because it was illegally obtained can be presented at the sentencing
hearing.
d) defendants have the right to cross witnesses against them.
e) None of the above.
27. Under which of the following circumstances can judges enhance sentences?
a) The judge believes the defendant committed perjury, whether true or not.
b) The defendant refused to cooperate with police and prosecutors.
c) The defendant was charged but not convicted of crimes in the past.
d) All of the above.
e) None of the above.
28. At the sentencing hearing, the prosecution argues the defendant should be given a more
severe sentence because he used a weapon. This is considered a _____ factor.
a) legal
b) extra-legal
c) organizational
d) mitigating
e) None of the above.
29. Extra-legal variables in sentencing
a) are those which have legally permissible influences on legal decisions.
b) undermine the general concept of fairness and justice.
c) include evidence of a prior criminal record and the seriousness of the crime.
d) All of the above.
e) None of the above.
30. Organizational factors in the sentencing decision include
a) characteristics of sentencing judges.
b) the age of the offender.
c) the type of plea.
d) All of the above.
e) None of the above.
31. Research on murder cases shows that which of the following has the more significant
influence on sentencing decisions?
a) the race of the victim
b) the race of the offender
c) the race of the investigating officer
d) the race of the judge
e) All of the above have equal influences on sentencing decisions.
32. Under indeterminate sentencing,
a) judges must impose a specific sentence set by law.
b) judges decide whether or not defendants go to prison.
c) judges must specify a period of imprisonment rather than a general range (for example, three
years in prison rather than one to five years in prison).
d) All of the above.
e) None of the above.
33. Under sentencing guidelines,
a) judges may revise sentences upwards only (more severe).
b) judges may revise sentences downwards only (less severe).
c) judges may revise sentences upwards or downwards but must justify their actions.
d) judges may revise sentences upwards or downwards without any justification.
e) judges cannot revise sentences under any circumstances.
34. Mandatory sentences
a) are generally favored by judges because they remove the burden of sentencing.
b) may be struck down as unconstitutional if they are not proportional to the crime.
c) usually define the maximum sentence for an offense to prevent discrimination.
d) All of the above.
e) None of the above.
35. Which of the following is not an attempt to limit sentencing discretion?
a) Presumptive sentencing
b) Indeterminate sentencing
c) Mandatory sentencing
d) All of the above attempt to limit sentencing discretion.
e) None of the above attempt to limit sentencing discretion.
36. Appellate court decisions
a) are binding on all lower courts within its jurisdiction.
b) are binding only on the parties of a particular case.
c) do not establish legal precedent, which is a legal process of the legislative branch.
d) provide guidance to lower courts but do not bind them to appellate decisions.
e) None of the above.
37. Arguments for the policymaking power of courts include
a) courts are more heavily influenced by and responsive to the political will of society.
b) courts must rule narrowly on the legal issues of a particular case.
c) courts are better able to protect minority rights.
d) All of the above.
e) None of the above.
38. Judicial review
a) allows the U.S. Supreme Court and the supreme courts of each state to review legislation,
court decisions, and executive acts that are challenged in court to determine their
constitutionality.
b) means that courts can independently decide to oversee the laws enacted by the legislature and
the executive branch.
c) gives the legislative and executive branches to oversee actions of the judicial branch.
d) All of the above.
e) None of the above.
39. Which of the following is true of the appellate courts structure?
a) With respect to Constitutional issues, the decisions of federal courts are usually not binding
on state courts.
b) The court decisions of one state are usually legally binding on courts in a neighboring state.
c) The ultimate appellate court on constitutional matters is the U.S. District Court of the District
of Columbia.
d) All of the above.
e) None of the above.
40. Criminal convictions in state trials can be appealed directly to the federal courts if
a) the defendant can show state appellate courts cannot be neutral and unbiased.
b) there is a federally guaranteed right at issue.
c) the case involves a capital crime (one punishable by death).
d) All of the above.
e) None of the above.
41. According to the Supremacy Clause,
a) only the Supreme Court can determine matters of constitutionality.
b) federal judges are supreme to state judges as they require presidential appointment.
c) federal laws take precedence over state laws when the two conflict.
d) All of the above.
e) None of the above.
42. Which of the following is true of federal courts of appeals?
a) Decisions are made by three-judge panels.
b) Judges are appointed by Congress.
c) There are fifty federal courts of appeals - one for each state.
d) All of the above are true.
e) None of the above are true.
43. Appeals can be made on the basis
a) of disputes about the facts of a case.
b) that the defense disagrees with the outcome of the case.
c) that the law was misapplied.
d) All of the above.
e) None of the above.
44. Appellate courts
a) usually relitigate factual issues brought up at trial to determine guilt or innocence.
b) assume facts noted in trial court records of proceedings are correct.
c) usually uses the trial court’s record but reviews the evidence and the law without deference to
the trial
court’s rulings.
d) All of the above.
e) None of the above.
45. The Fifth Amendment prohibition against double jeopardy
a) means that a person cannot be tried by two different types of courts on the same charges.
b) means that a person cannot be prosecuted at both federal and state levels.
c) means that a person cannot be charged with more than one crime at a time.
d) All of the above.
e) None of the above.
46. To file an appeal, a person must have standing, which means the person must have
a) a legally recognized interest in the case.
b) the financial resources to pay for the appeal.
c) the ability to attend all required court sessions.
d) All of the above.
e) None of the above.
47. Which of the following is true of appeals?
a) Appeals must be filed within a certain time period following trial, but there is no time limit
for claims of actual innocence.
b) The general legal principle underlying appeals of criminal law and procedure is that the issue
being appealed must have been raised earlier at trial.
c) Generally, the final judgment of a trial court cannot be appealed.
d) All of the above are true.
e) None of the above are true.
48. Which of the following errors generally cannot be appealed?
a) Error in the trial judge's interpretation of the law.
b) Error in the conduct of trial proceedings.
c) Error committed by the defense.
d) All of the above errors can be appealed.
e) None of the above errors can be appealed.
49. Upon hearing the appeal and reviewing all relevant documents, the appellate court
determined the trial court needed to review the issues brought in the appeal and sent the case
back to the trial court for further consideration. In this example, the appellate court ____ the
case.
a) affirmed
b) reversed
c) remanded
d) overturned
e) None of the above.
50. The Supreme Court
a) must hear all cases appealing Court of Appeals decisions if they involve constitutional issues.
b) does not authority to review legal issues that concern only state constitutions or statutes.
c) grants review of a case only if at least five of the nine justices (a majority) agree to accept the
case.
d) All of the above are true.
e) None of the above are true.
51. During the appeals process, the burden of proof is on
a) the prosecution to prove its actions during trial were legal and proper.
b) the trial judge to prove he or she strictly adhered to all legal procedures throughout the trial.
c) the appellant to prove proper legal procedures were not followed during the trial.
d) All of the above are true.
e) None of the above are true.
52. Due to stare decisis, appellate courts are predisposed to _____ lower court decisions.
a) affirm
b) reverse
c) remand
d) reject
e) None of the above.
53. The defense takes its case all the way to the Supreme Court, but the Court rules against the
defense, affirming the lower court's decision. What appellate options are available to the
defense?
a) The defense can appeal to the U.S. Senate, which can overturn the Supreme Court's decision
with a simple majority vote.
b) The defense can appeal to the President, who can overturn the Supreme Court's decision with
an Executive Order.
c) The defense can re-file an appeal with the federal Court of Appeals that originally heard the
case.
d) The defense can request that the Attorney General review the Court's decision.
e) The defense has no further options to appeal the case.
54. During the appeals process,
a) each side is usually given one hour to argue its case.
b) each side is expected to submit a brief, which is a one-page summary of key points of their
case.
c) courts usually issue a written opinion explaining their decision.
d) All of the above are true.
e) None of the above are true.
55. The U.S. Supreme Court hears about _____ cases a year.
a) 50 to 75
b) 100 to 200
c) 250 to 300
d) 500
e) None of the above.
56. Prior to the industrial era, the primary source of control for the actions of juveniles was
a) their parents.
b) the schools.
c) the church.
d) the police.
e) juvenile courts.
57. Early juvenile courts
a) operated under the principle of parens patriae, which means they were considered criminal
courts.
b) focused on punishment as a way to reduce juvenile delinquency rates.
c) generally opposed due process rights for youthful offenders.
d) All of the above.
e) None of the above.
58. Kent v. United States (1966) is an important case because it
a) granted juveniles all due process rights afforded to adults.
b) expressed the Supreme Court's dissatisfaction with the juvenile justice system and
acknowledged juveniles have at least some due process rights.
c) called into question the principle of parens patriae.
d) All of the above.
e) None of the above.
59. Jury trials in juvenile courts
a) are prohibited by the Supreme Court's 1971 decision in the case of McKeiver v. Pennsylvania.
b) are required in cases involving serious charges that could result in more than five years
detention.
c) are guaranteed by the Six Amendment.
d) are available only to juveniles transferred to the adult court system.
e) None of the above.
60. The prosecutor works in a state with concurrent jurisdiction. He receives a case of a juvenile
charged with armed robbery and attempted murder. Which of the following is true?
a) The case must be heard in the juvenile court.
b) The case must be heard in the adult court.
c) The prosecutor can request permission from the juvenile court judge to transfer the case to the
adult system.
d) The prosecutor can prosecute the case in either the juvenile or adult court, whichever he
chooses.
e) None of the above.
61. Defendants in adult courts must be proven guilty beyond a reasonable doubt. The standard
or burden of proof in the juvenile courts is
a) Beyond a reasonable doubt
b) Preponderance of the evidence
c) Probable cause
d) Reasonable suspicion
e) None of the above
62. According to a 1997 study of the Cook County, Illinois, Juvenile Court, the average
juvenile court hearing lasts
a) one hour
b) 45 minutes
c) 30 minutes
d) 15 minutes
e) None of the above
The following questions are optional. You will not be penalized if you choose to not answer
these. These questions serve as extra credit, but your grade cannot exceed 125 points.
63. Under the concept of statutory exclusion,
a) juvenile cases can be transferred to the adult system only after a waiver hearing.
b) prosecutors are barred from initiating a case against juveniles under a certain age.
c) a waiver hearing is not required for a juvenile to be tried as an adult.
d) prosecutors have discretion to try juveniles as either adults or juveniles.
e) None of the above.
64. Which of the following is true of the juvenile court intake process?
a) The primary source of referrals is parents.
b) All juveniles arrested by police must be referred to the juvenile court intake officer, who
determines whether the case is referred for prosecution.
c) Only prosecutors and judges have the authority to dismiss cases prior to the adjudication
hearing.
d) Since the early 1990s, a greater percentage of cases are being referred for formal prosecution
rather than handling the case informally through informal probation or a referral to a social
service agency.
e) None of the above.
65. In re Gault (1967) is a landmark case in the juvenile justice system. It provided juveniles all
of the following legal protections, except
a) the right to a hearing before the case is transferred to the adult system.
b) the right to a transcript of proceedings.
c) the right to be represented by an attorney.
d) In re Gault provided juveniles all these rights.
e) None of the above.
