Exam 3: Punishment and Sentencing

Irena was a first generation American born to immigrant parents. She faced tremendous struggle assimilating into the U.S. and accepting the local culture. She was caught stealing from the local department store because she couldn't afford to shop there and thought the clothes were too expensive anyway. She pled guilty to the offense. During her sentencing the judge noted that normally the offense would just carry a fine but because he wanted to teach her a lesson she would be serving 6 months in prison. She believes the sentence was as a result of her nationality but the judge insists it is not. The sentence imposed is likely constitutional even if motivated by her ethnicity because it is within the judge's power to adjust sentences to fit the crime.

The notion of "an eye for an eye, a tooth for a tooth" is the basis of ______.

A sentence should be based on a defendant's act rather than on a defendant's identity.

The theory of ______ imposes punishment to deter or discourage a defendant from committing a crime in the future.

What are the three things courts consider when determining whether a method of criminal punishment or prison discipline is cruel and unusual?

______ occur when the legislature requires judges to sentence an offender to a minimum sentence regardless of mitigating factors.

All of the following factors are considered by courts when making the determination whether a law is criminal, EXCEPT ______.

What are the goals of the Sentencing Reform Act?

What is juvenile death penalty? How is it applied to cases? Are there limitations on its application? Do you believe that juvenile death penalty should be included in American crime control policies? Why or why not?

Which of the following assumes that we all know right from wrong and are morally responsible for our conduct and should be held accountable?

______ is/are defined as the sentences for each criminal act that are served one after another.

The "victims' rights" movement has resulted in provisions of federal state laws providing for compensation for injuries and expenses.

What are the purposes or goals that are the bases of sentencing in the criminal justice system?

Ava was sentenced to a crime for which the statute provided an indeterminate sentence not to exceed 5 years. A man convicted of the same crime received a minimum and a maximum sentence which could be reduced by good behavior and work credits. This fact pattern most closely resembles which state case?

Prison sentences in some jurisdictions may be reduced by good-time credits earned by the individual while incarcerated.

The sentences for a particular offense should not always be uniform.

The state of Orion recently enacted a statute requiring sex offenders to enter their names, addresses, photographs, and convictions into a public database for the remainder of their lives. Although there is a great amount of embarrassment and shame associated with this, Orion believes it is minimal in relation to the danger posed by sex offenders. This statute is an example of what?

The restorative justice approach recognizes that the needs of victims are often overlooked in the criminal justice system.

______ is the belief that offenders should receive the punishment that they deserve based on the seriousness of their criminal act.

It is unconstitutional to enhance a sentence based on facts found to exist by the judge by a preponderance of the evidence.