Exam 5: Sentencing: The Application of Punishment

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Discuss habitual offender statutes. What are they? How do you feel they have affected sentencing today?

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Habitual offender statutes are statutes mandating that offenders with a third felony conviction be sentenced to life imprisonment regardless of the nature of the third felony. This is a way of selectively incapacitating felons only after they have demonstrated the inability to live by society's rules. Few of us would be against the lifetime incarceration of seriously violent offenders, but many states include relatively minor nonviolent crimes in their habitual status offenders. The last part of the essay question is subjective

Discuss some of the controversies associated with the PSI report.

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Because the future of a defendant depends to a great extent on the content of the report, the information contained therein should be reliable and objective. All pertinent information must be verified by cross-checking with more than one source, and that source should be reliable. It is feared that if victims and other informants from whom the investigating officer has sought information know that the offender will see their comments, they will refuse to offer their information; thus, the judge will not have complete information on which to make the sentencing decision.

Which of the following is an example of an extralegal factor that can be taken into consideration when determining a sentence?

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D

Liberals criticize plea bargaining because it coerces suspects to surrender their ______ right to a trial.

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Define the term concurrent sentencing.

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Forms containing scales that come with a set of rules for numerically computing sentences that offenders should receive based on the crime they committed and their criminal records are known as what?

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Shock probation is usually reserved for _____ offenders.

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What is a victim impact statement?

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Which of the following types of sentences increases the time a person spends in prison?

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Justice is a moral concept that is easy to define.

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Josh has been sentenced to 15 years in a federal prison. His sentence is considered to be

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When does a sentencing disparity occur?

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Which of the following is an example of a legal relevant factor?

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What is determinate sentencing?

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Name the six outcomes consistent with Aristotle's definition of justice regarding the sentencing guidelines, according to Lubitz and Ross (2001).

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Indeterminate sentences fit the positivist's _____ philosophy of punishment.

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In the federal system, prosecutors create the PSI.

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Victim impact statements (VIS) are read during which stage of the criminal justice process?

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The creation of the sentencing guidelines intended to do what?

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Work release is an example of a _____ sentence.

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