The trial judge wishes to impose a “hate crime” penalty enhancement to your client’s sentence based on his utterance of a racial slur during the commission of the crime. This addition would move the sentence beyond the statutory-defined maximum

sentence. Which of the following is true?

You are defending a client accused of committing a hate crime. Apparently, he got into a bar fight and uttered a racial slur during the altercation. The man he punched was in fact an African-American. Sadly, the man your client punched ended up dying from head injuries caused by the punch. Assume that your client is found guilty of manslaughter, and answer the following questions about what happens next.

a. Your best avenue of appeal is to assert a First Amendment right to utter racial slurs.
b. A potentially successful avenue of appeal is to cite Apprendi v. New Jersey, where the Supreme Court suggested that a sentence enhancement for commission of a “hate crime” can only occur if a jury—not a judge—finds that essential element.
c. You have little recourse to protest, because Apprendi v. New Jersey says that a judge can impose a “hate crime” enhancement based on his or her own finding of probable cause—and the racial slur in this case provides that.
d. You would have successful grounds for appeal only if this occurred in a federal court.


Answer: B

Criminal Justice

You might also like to view...

Which of the following, if present, would help to establish premeditation?

a. the defendant's prior possession of the murder weapon b. the defendant's surreptitious approach toward the victim c. prior threats by the defendant to do violence to the victim d. any of the above

Criminal Justice

Most police managers and supervisors are fearful of really opening up and sharing their decision-making authority

Indicate whether the statement is true or false

Criminal Justice

One-quarter of states spend _______ or more per year per inmate.

A. $8,000 B. $28,000 C. $40,000 D. $120,000

Criminal Justice

The dark figure of crime is a term used to describe the actual amount of crime that takes place, including those crimes that go unreported

Indicate whether the statement is true or false

Criminal Justice