Deck 7: Race and Sentencing: in Search of Fairness and Justice
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Deck 7: Race and Sentencing: in Search of Fairness and Justice
1
Most sentencing research examines the sentences imposed on offenders convicted of:
A)drug offenses.
B)violent crimes.
C)felonies.
D)white collar crimes
A)drug offenses.
B)violent crimes.
C)felonies.
D)white collar crimes
C
2
According to the research on disparity and sentencing,racial minorities are sentenced more harshly when the victim is ________________.
A)white
B)poor
C)female
D)young
A)white
B)poor
C)female
D)young
A
3
Recent studies examining racial disparity in sentencing have included _______________because of their popular image as "the model minority."57
A)Hispanics
B)Asian Americans
C)Native Americans
D)Illegal Aliens
A)Hispanics
B)Asian Americans
C)Native Americans
D)Illegal Aliens
B
4
The numerous studies of racial disparity in sentencing conducted during the 1970s and 1980s are notable for their __________ theoretical and methodological sophistication.
A)variation in
B)creativity in
C)uniformity in
D)low levels of
A)variation in
B)creativity in
C)uniformity in
D)low levels of
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5
When racial disparity in sentencing occurs in some contexts,but not others,it is called:
A)internal discrimination
B)subtle racial discrimination
C)institutional discrimination
D)deliberate discrimination
A)internal discrimination
B)subtle racial discrimination
C)institutional discrimination
D)deliberate discrimination
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6
Research comparing the sentences of illegal immigrants to U.S.citizens has found that illegal immigrants are more likely to be sentenced to prison,but are more likely to _____________________.
A)receive a shorter prison sentence
B)have their sentences suspended
C)be sentenced under guidelines
D)plead guilty as charged
A)receive a shorter prison sentence
B)have their sentences suspended
C)be sentenced under guidelines
D)plead guilty as charged
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7
Ojmarrh Mitchell's meta-analysis of published research on race and sentencing found a larger effect size in jurisdictions without _________________.
A)full time public defenders
B)pretrial release programs
C)structured sentencing guidelines
D)indeterminate sentencing
A)full time public defenders
B)pretrial release programs
C)structured sentencing guidelines
D)indeterminate sentencing
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8
Studies conducted from the 1930s through the 1960s generally concluded that racial disparities in sentencing reflected __________ racial discrimination.
A)indirect
B)overt
C)economic
D)contextual
A)indirect
B)overt
C)economic
D)contextual
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9
Reviews of sentencing studies from the 1930s through the 1960s found that most were:
A)methodologically flawed.
B)methodologically sophisticated.
C)theoretically baseless.
D)too limited in scope.
A)methodologically flawed.
B)methodologically sophisticated.
C)theoretically baseless.
D)too limited in scope.
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10
To be fair,a sentencing scheme must allow the judge or jury _______to shape sentences to fit individuals and their crimes.
A)discretion
B)power
C)time
D)discrimination
A)discretion
B)power
C)time
D)discrimination
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11
The term __________ characterizes that segment of the deviant population that is viewed as particularly threatening and dangerous.
A)predators
B)social dynamite
C)social predators
D)social feeders
A)predators
B)social dynamite
C)social predators
D)social feeders
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12
Steffensmeier and Demuth's study of race and sentencing in Pennsylvania revealed that ________________had the highest likelihood of being incarcerated.
A)African Americans
B)Whites
C)Hispanics
D)Asian Americans
A)African Americans
B)Whites
C)Hispanics
D)Asian Americans
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13
_________________is one example of a "process-related" factor that interacts with race to explain disparity in sentencing between minorities and whites.
A)Unemployment
B)Neighborhood composition
C)Gender
D)Pretrial detention
A)Unemployment
B)Neighborhood composition
C)Gender
D)Pretrial detention
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14
The __________ suggests that jurors deviate from their fact-finding mission in cases in which the evidence against the defendant is weak or contradictory.
A)complacency hypothesis
B)liberation hypothesis
C)contradiction theory
D)nullification hypothesis
A)complacency hypothesis
B)liberation hypothesis
C)contradiction theory
D)nullification hypothesis
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15
____________________is a legally relevant factor that may very well be "race-linked"..
A)Place of residence
B)Education
C)Prior criminal record
D)Socioeconomic status
A)Place of residence
B)Education
C)Prior criminal record
D)Socioeconomic status
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16
According to Zatz,the issue of __________ in sentencing "may well have been the major research inquiry for studies of sentencing in the 1970s and 1980s."
A)equity
B)economic discrimination
C)racial discrimination
D)racial disparity
A)equity
B)economic discrimination
C)racial discrimination
D)racial disparity
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17
There are _____ types of evidence of racial disparity in sentencing identified by the authors.
A)two
B)three
C)five
D)six
A)two
B)three
C)five
D)six
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18
Concerns about the changes in the racial/ethnic makeup of a community,coupled with stereotypes linking race and ethnicity to drug use and drug-related crime and violence,may lead to __________ among sentencing officials.
A)overt discrimination
B)contextual discrimination
C)unconscious racism
D)indirect discrimination
A)overt discrimination
B)contextual discrimination
C)unconscious racism
D)indirect discrimination
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19
The judge or jury must be free to consider all relevant aggravating and ________ circumstances.
A)prejudicial
B)racial
C)important
D)mitigating
A)prejudicial
B)racial
C)important
D)mitigating
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20
Sentencing studies from the 1930s through the 1960s usually used __________ statistical techniques.
A)bivariate
B)inadequate
C)unsophisticated
D)multivariate
A)bivariate
B)inadequate
C)unsophisticated
D)multivariate
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21
Research examining the interactions of legally irrelevant sentencing factors has found race,gender,and age to have significant direct effects on sentence severity.
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22
Auerhahn suggested that the offender's race and ethnicity would not have a direct effect on the length of the sentence.Rather,she hypothesized that harsher treatment would be reserved for African American and Hispanic defendants who more closely matched stereotypes of:
A)dangerousness and threat
B)past criminals
C)illegal aliens
D)flight risks
A)dangerousness and threat
B)past criminals
C)illegal aliens
D)flight risks
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23
It has been argued that "the recent blackening of America's prison population"130 is a result of America's war on drugs.
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24
Differential treatment of interracial and intraracial sexual assaults continued even after passage of the ________Amendment,which outlawed explicit statutory racial discrimination
A)Nineteenth
B)Sixth
C)Fifth
D)Fourteenth
A)Nineteenth
B)Sixth
C)Fifth
D)Fourteenth
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25
There is relatively little research testing for racial discrimination in the sentencing of individuals convicted of misdemeanor offenses.Because the lower courts where misdemeanor cases are handled usually have huge caseloads and informal,nonadversarial procedures for delivering what is often referred to as _______________,one might predict that the likelihood of racially disparate decisions would be even greater in these courts than in the more formal felony courts.
A)"American justice"
B)"procedural justice"
C)"real justice"
D)"assembly-line justice,"
A)"American justice"
B)"procedural justice"
C)"real justice"
D)"assembly-line justice,"
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26
Steffensmeier and his colleagues argue that judges develop a _______________based on stereotypes and attributions that are linked to offender characteristics.
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27
Some researchers,building on Kalven and Zeisel's "liberation hypothesis,"122 assert that African Americans will be sentenced more harshly than whites in:
A)all cases
B)no cases
C)more serious cases
D)less serious cases
A)all cases
B)no cases
C)more serious cases
D)less serious cases
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28
One possible explanation for racial disparity in sentencing is that minorities are more often subject to facially neutral _______________which proscribe more severe sentences or sentence enhancements.
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29
Sentencing studies conducted from the 1930s through the 1960s usually used __________ statistical techniques.
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30
The __________ hypothesis suggests that jurors deviate from fact-finding in cases in which the evidence against the defendant is weak or contradictory.
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31
The task of assessing the effect of race on sentencing is complicated by the _________,which critics contend has been fought primarily in minority communities.
A)war on poverty
B)war on terrorism
C)war on drugs
D)war on crime
A)war on poverty
B)war on terrorism
C)war on drugs
D)war on crime
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32
The fact that minorities have a greater likelihood of pretrial detention and unemployment,which often leads to harsher sentences,is an example of ______________discrimination.
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33
The term social predators characterizes that segment of the deviant population that is viewed as particularly threatening and dangerous.
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34
Judges have access to all relevant information when determining an offender's culpability or dangerousness to society at the time of imposing sentence.
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35
The numerous studies of racial disparity in sentencing conducted during the 1970s and 1980s are notable for their low levels of theoretical and methodological sophistication.
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36
Most of the research on sentencing examines the sentences imposed on offenders convicted of felonies.
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37
The differential treatment of interracial crimes is most pronounced with property crimes.
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38
The liberation hypothesis suggests that jurors deviate from fact-finding in cases in which the evidence against the defendant is weak or contradictory.
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39
Research has shown that whites are more likely to believe that serving time in prison is less of a hassle than alternative forms of sentencing.
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40
Reviews of sentencing studies conducted from the 1930s through the 1960s found that most were too limited in scope.
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41
Research comparing the sentencing decisions of African American and white state court judges has yielded ___________results.
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42
The term social __________ to characterize that segment of the deviant population that is viewed as particularly threatening and dangerous.
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43
Studies conducted from the 1930s through the 1960s generally concluded that racial disparities in sentencing reflected __________ racial discrimination.
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44
Reviews of sentencing studies conducted from the 1930s through the 1960s found that most were methodologically __________.
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45
David Greenberg has suggested that some judges may be concerned about changes in the racial/ethnic makeup of a community and display ____________________racism in their sentencing decisions
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