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Question 1
Chris is convicted of illegal hacking. He is sentenced to 25 hours of community service and 15 lashes of the whip. Is this cruel and unusual punishment?
Correct
Incorrect!
Correct Although it is true that the punishment here is grossly disproportionate to the crime as stated in (A), the more accurate reason the punishment violates the Eighth Amendment is because corporal punishment such as being whipped is always cruel and unusual by today's standards in the United States, no matter what the crime (recall the surprise some years ago when an American citizen was 'caned' as punishment for his offenses abroad).
Incorrect! Although it is true that the punishment here is grossly disproportionate to the crime as stated in (A), the more accurate reason the punishment violates the Eighth Amendment is because corporal punishment such as being whipped is always cruel and unusual by today's standards in the United States, no matter what the crime (recall the surprise some years ago when an American citizen was 'caned' as punishment for his offenses abroad).
Correct
Incorrect!
Correct
Incorrect!
Question 2
Chris' brother, Jim, is convicted of computer hacking the following year. Hacking has become a common crime among minors, and the threat of spending some time in juvenile detention centers does not seem to work as a deterrent. The legislature passes a law granting judges broad discretion in sentencing minors convicted of hacking, hoping that this will reduce the costs of hacking which are traditionally passed on to computer consumers.. At sentencing, Judge O. D. Nater orders Jimmy to stand outside the computer store in his local mall for 2 weekends holding a sign which says "I love my computer more than I love you." The sign also had a graphic illustration implying that Jimmy was engaged in a sexual act with a computer. Will the sentence withstand Eighth Amendment scrutiny?
Correct
Incorrect!
Correct
Incorrect!
Correct Because the carrying the sign would 'be so severe as to be degrading to the dignity of human beings,' (see Furman v. Georgia) the punishment is likely unconstitutional. Even if the Judge was within his authority as granted by the state legislature, Constitutional provisions cannot be superceded by the law of any state, and the authority granted is itself unconstitutional.
Incorrect! Because the carrying the sign would 'be so severe as to be degrading to the dignity of human beings,' (see Furman v. Georgia) the punishment is likely unconstitutional. Even if the Judge was within his authority as granted by the state legislature, Constitutional provisions cannot be superceded by the law of any state, and the authority granted is itself unconstitutional.
Correct
Incorrect!
Question 3
The state of Arklahoma passes a law stating that "any person found guilty of contracting HIV/AIDS shall be punished by a fine of not more than $500 and by service to the community of not more than 100 hours." Judges, of course, have the discretion to impose a far smaller fine and far fewer hours of community service. Evaluate the following statement: This statute violates the Eighth Amendment guarantee against cruel and unusual punishment.
Correct The statute violates the guarantee against cruel and unusual punishment as elaborated in Robinson v. California.
Incorrect! The statute violates the guarantee against cruel and unusual punishment as elaborated in Robinson v. California.
Correct
Incorrect!
Question 4
Eddie is convicted of bilking unsuspecting elderly folks out of thousands of dollars by running several different cons. He is sentenced to serve 50 hours of community service in a local retirement home. Eddie objects, offering to pay a fine or do time, arguing that he can't stand the smell of mothballs. Nonetheless, the judge imposes his original sentence. Does Eddie have a Constitutional claim available?
Correct
Incorrect!
Correct
Incorrect!
Correct
Incorrect!
Correct Sentencing is at the discretion of the judge, not the convicted. Even if the standard punishment for a crime might be a fine or jail sentence, imposing a set number of hours of community service is commonly something within the judge's discretion. While it may be unwise of the judge to sentence Eddie to be around members of the community which he has targeted in his cons, the sentence will pass Constitutional muster.
Incorrect! Sentencing is at the discretion of the judge, not the convicted. Even if the standard punishment for a crime might be a fine or jail sentence, imposing a set number of hours of community service is commonly something within the judge's discretion. While it may be unwise of the judge to sentence Eddie to be around members of the community which he has targeted in his cons, the sentence will pass Constitutional muster.