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Los Angeles Lawyer
The Magazine of the Los Angeles County Bar Association


 
 

July/August 2007      MCLE Test and Answer Sheet

Test Number 161: Sentence Structure

 
 

Instructions for Obtaining MCLE Credit

The Los Angeles County Bar Association certifies that this activity has been approved for Minimum Continuing Legal Education credit by the State Bar of California in the amount of 1 hour. To apply for credit, please follow the instructions.

1. Study the CLE article.

2. Answer the test questions by marking the appropriate boxes. Each question has only one answer.

3. Photocopies of this answer sheet may be submitted; however, this form should not be enlarged or reduced. Mail the answer sheet and the $15 testing fee ($20 for non-LACBA members) to:

Los Angeles Lawyer
MCLE Test
P.O. Box 55020
Los Angeles, CA 90055 

Make checks payable to Los Angeles Lawyer.

4. You can also fill in the test form and submit it directly to LACBA by clicking "Submit." To submit your test answers online you will need to pay by credit card. After submitting your answers you will be presented with a screen requesting payment information. This information will be submitted in a secure mode which will allow you to safely transmit your credit card number over the Internet. If you prefer not to pay by credit card, please print this answer sheet and submit your responses by regular mail.

5. Within six weeks, Los Angeles Lawyer will return your test with the correct answers, a rationale for the correct answers, and a certificate verifying the CLE credit you earned through this self-assessment activity.

6. For future reference, please retain the CLE test materials returned to you.

 
  Test Sheet
 
 

Mark your answers to the test by clicking next to your choice.  All questions must be answered.  Each question has only one answer. This test is worth 1 hour of credit.*

1. In Cunningham v. California, the U.S. Supreme Court held that California's determinate sentencing scheme violated the Sixth Amendment.
 True.
 False.

2. In Cunningham, the defendant was sentenced to 16 years--the upper-term sentence for the crime of continual sexual abuse of a minor under the age of 14.
 True.
 False.

3. California's Determinate Sentencing Law under Penal Code Section 1170 prescribed a single mandatory sentence for a given offense and allowed for no judicial fact-finding.
 True.
 False.

4. The California Supreme Court upheld Cunningham's sentencing in a 4-3 decision.
 True.
 False.

5. Justice Anthony Kennedy was the lone dissenting opinion in Cunningham.
 True.
 False.

6. After the U.S. Supreme Court's decision in Cunningham, the California Legislature in March 2007 passed Senate Bill 40, which was urgent remedial legislation to temporarily stabilize California's sentencing law.
 True.
 False.

7. According to Frank Bowman, the decision in Blakely v. Washington first plunged sentencing law "down the rabbit hole."
 True.
 False.

8. In United States v. Booker, the Supreme Court remedied the constitutional error inherent in the Federal Sentencing Guidelines by making them mandatory rather than merely advisory.
 True.
 False.

9. All sentences issued under the now invalidated California determinate sentencing scheme have been overturned.
 True.
 False.

10. The remedial portion of the Booker opinion requires federal trial courts to consider factors under 18 USC Section 3553(a), such as the "nature and characteristics of the defendant" as well as other "discouraged" factors under the Federal Sentencing Guidelines.
 True.
 False.

11. The Los Angeles District Attorney's Office has instituted the practice of bifurcating all trials and impaneling sentencing juries to hear aggravating factors as a way of complying with Cunningham.
 True.
 False.

12. Statistical evidence provided by the Federal Sentencing Commission suggests that under the post-Booker advisory system, federal judges are more likely to deviate from the Federal Sentencing Guidelines by ordering below-guidelines sentences.
 True.
 False.

13. Mario Claiborne received a much longer sentence than Victor Rita for committing the same crime.
 True.
 False.

14. Currently, 7 of the 12 federal appellate courts have held that a sentence within the Federal Sentencing Guidelines must be accorded a presumption of reasonableness or at least be given greater weight among the other sentencing factors.
 True.
 False.

15. Under Supreme Court Rule 35, a personal representative has been appointed to represent Mario Claiborne after his death on May 30, 2007, to avoid his appeal becoming moot.
 True.
 False.

16. Since Booker, Congress has passed several bills addressing the application of the Federal Sentencing Guidelines.
 True.
 False.

17. U.S. Solicitor General Paul Clement advised the Court in a memorandum not to grant certiorari for Beal v. United States because the case "squarely raises the same legal issue that this Court granted certiorari to decide in Claiborne."
 True.
 False.

18. Los Angeles County handles 40 percent of California's criminal cases.
 True.
 False.

19. The issue before the Court in Rita is how much weight judges should give to the guidelines now that they are only advisory.
 True.
 False.

20. The majority in Booker found "no distinction of constitutional significance between the Federal Sentencing Guidelines and the Washington procedures at issue in [Blakely]."
 True.
 False.

Address and Billing

After submitting your answers you will be asked to enter your name, address, and payment information on the next screen. Once you have submitted the current form, you will be switched to a secure mode which will allow you to safely transmit your credit card number over the Internet.
If you do not wish to complete this transaction over the Internet you should print this page and send it to the address listed in Step 3 of the instructions at the top of this page.
 
Before clicking the Submit button, please verify that all questions have been answered. An error message will appear if not all questions are answered.

* The Los Angeles County Bar Association has been approved as a continuing legal education provider of Minimum Continuing Legal Education credit by the State Bar of California. This self-assessment activity will qualify for Minimum Continuing Legal Education credit by the State Bar of California in the amount of one hour.

 


 
   
 

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