You Are Defending a Client Accused of Committing a Hate

question 18

Multiple Choice

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.
-Let's say the crime took place on a Native American reservation and we find ourselves in federal court instead of state court. According to the decision in Booker v. United States, which of the following are criteria that the judge can properly consider in determining a sentence?

• A) the defendant's criminal history
• B) whether the judge feels that a hate crime occurred
• C) whether the judge feels that this crime meets certain aggravating factors
• D) none of these can be considered

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Definitions:

Pea-Sized Glands

Refers to small glands in the body, like the pituitary gland, that are approximately the size of a pea and produce various hormones.

Prostate

A gland in the male reproductive system that produces fluid that nourishes and transports sperm.

PSA

A protein produced by the prostate gland; its levels are measured through blood tests to screen for and monitor prostate cancer and other conditions.

Prostate

A gland in the male reproductive system that produces fluids that nourish and transport sperm.