Exam 11: Sentencing

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Rehabilitation seeks to reform a criminal offender and change their behavior.

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Which of the following is NOT one of the goals of contemporary sentencing?

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List and describe at least three typical aggravating and mitigating circumstances judges may consider in arriving at sentencing decisions in presumptive sentencing jurisdictions.Compare the pros and cons for each circumstance.

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Aggravating: The defendant induced others to participate in the commission of the offense.The offense was especially heinous,atrocious,or cruel.The defendant was armed with or used a deadly weapon during the crime.The defendant committed the offense to avoid or prevent a lawful arrest or to escape from custody.The offense was committed for hire.The offense was committed against a current or former law enforcement or corrections officer while engaged in the performance of official duties or because of the past exercise of official duties.The defendant took advantage of a position of trust or confidence to commit the offense.
Mitigating: The defendant has no record of criminal convictions punishable by more than 60 days of imprisonment.The defendant has made substantial or full restitution.The defendant has been a person of good character or has had a good reputation in the community.The defendant aided in the apprehension of another felon or testified truthfully on behalf of the prosecution.The defendant acted under strong provocation,or the victim was a voluntary participant in the criminal activity or otherwise consented to it.The offense was committed under duress,coercion,threat,or compulsion that was insufficient to constitute a defense but that significantly reduced the defendant's culpability.At the time of the offense,the defendant was suffering from a mental or physical condition that was insufficient to constitute a defense but that significantly reduced the defendant's culpability.

Which 2013 U.S.Supreme Court case ruled that any fact that increases the mandatory minimum sentence is an "element" that must be submitted to the jury?

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Which of the following is a model of criminal justice punishment that encourages rehabilitation through the use of general relatively unspecific sentences?

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A sentence of 8 to 25 years is an example of a(n):

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Which is a type of sentencing plan that allows no leeway in the imposing of the sentence for a person convicted of a crime?

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The official suspension of criminal or juvenile proceedings against an alleged offender and the referral of that person to a treatment or care program is known as _______________.

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Which country routinely executes more people than the rest of the world combined?

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Victim impact statements generally have a profound impact on the sentence that a defendant receives.

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A victim impact statement is:

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What is the primary sentencing tool of the just deserts model?

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Which term refers to the use of imprisonment or other means to reduce the likelihood that an offender will commit future offenses?

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Match the corresponding name with fundamental sentencing principal or model definition.
Gain time
A model of criminal punishment in which an offender is given a fixed term of imprisonment that may be reduced by good time
Structured sentencing
Circumstances relating to the commission of a crime that make it more grave than the average instance of that crime
Determinate sentencing
A sentencing principle that holds that an offender’s criminal history should objectively be taken into account in sentencing decisions
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Gain time
A model of criminal punishment in which an offender is given a fixed term of imprisonment that may be reduced by good time
Structured sentencing
Circumstances relating to the commission of a crime that make it more grave than the average instance of that crime
Determinate sentencing
A sentencing principle that holds that an offender’s criminal history should objectively be taken into account in sentencing decisions
Equity
A model of criminal punishment that includes determinate and commission-created presumptive sentencing schemes
Social debt
The amount of time deducted from time to be served in prison on a given sentence as a consequence of good behavior
Indeterminate sentencing
A sentencing principle that holds that the severity of the sanctions should bear a direct relationship to the seriousness of the crime
Good time
The amount of time deducted from time to be served in prison on a given sentence as a consequence of participation in special projects or programs
Aggravating circumstances
Circumstances relating to the commission of a crime that may be considered to reduce the blameworthiness of the defendant
Mitigating circumstances
A model of criminal punishment that encourages rehabilitation through the use of general and relatively unspecific sentences, such as a term of imprisonment of from one to ten years
Proportionality
Social equality—similar crimes should be punished with the same degree of severity, regardless of the social or personal characteristics of the offenders
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The NVCAP organization seeks to gain tougher sentences for convicted child molesters.

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List and define three of the five goals of criminal sentencing.Which of these goals do you believe is the most effective in dealing with defendants?

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________ circumstances relate to the commission of a crime that may be considered to reduce the blameworthiness of the defendant.

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Fines are one of the oldest criminal sanctions and are widely used.

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Which refers to the use of court-ordered community service,home detention,day reporting,drug treatment,psychological counseling,victim-offender programming,or intensive supervision in lieu of other more traditional sanctions,such as imprisonment and fines?

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Which one of the following is NOT a rationale in opposing the death penalty?

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