Deck 9: Punishment and Sentencing

Question 1

Which of the following is NOT one of the four basic philosophical reasons for sentencing?

A) Deterrence
B) Incapacitation
C) Retribution
D) Revenge

Answer 1

D

Question 2

Sentencing guidelines require judges to determine a defendant's sentencing using:

A) A list of statutorily created criminal sentences
B) A sentencing grid
C) A presentence investigation report
D) The prosecutor's recommendation

Answer 2

B

Question 3

Mitigating circumstances may include:

A) A prior record
B) A passive role in the offense
C) Use of a weapon
D) Disregard for the safety of others

Answer 3

B

Question 4

What type of sentencing law requires that murderers and others convicted of serious crimes complete a certain percentage their sentences with no time off for good behavior?

A) Determinate sentencing laws
B) Indeterminate sentencing laws
C) Mandatory sentencing laws
D) Truth in sentencing laws

Question 5

Truth-in-sentencing laws,in the majority of states,require murderers and other offenders convicted of serious crime to serve at least ____ of the sentence handed down by the judge.

A) 60%
B) 75%
C) 85%
D) 100%

Question 6

A situation in which the length of a sentence appears to be influenced by a defendant's race,gender,economic status,or other factor not directly related to the crime he or she committed is:

A) Sentencing disparity
B) Sentencing discrimination
C) Sentencing bias
D) Sentencing equity

Question 7

In an effort to eliminate the inequities of disparity by removing judicial bias from the sentencing process,many states and the federal government have turned to ____,which require judges to dispense legislatively determined sentences based on factors such as the seriousness of the crime and the offender's prior record.

A) Mandatory sentencing laws
B) Indeterminate sentencing laws
C) Sentencing guidelines
D) Truth-in-sentencing laws

Question 8

Any circumstance accompanying the commission of a crime that may justify a lighter sentence is known as a(n)____.

A) Aggravating circumstance
B) Conviction circumstance
C) Mitigating circumstance
D) Real circumstance

Question 9

A stipulation in many federal and state sentencing guidelines that allows a judge to adjust his or her sentencing decision based on the special circumstances of a particular case is called a(n)____.

A) Aggravating circumstance
B) Departure
C) Disposition
D) Mitigating circumstance

Question 10

A sum of money paid in compensation for damages done to the victim is:

A) A fine
B) Community service
C) Restitution
D) Bond

Question 11

A(n)____ circumstance is any circumstance accompanying the commission of a crime that may justify a harsher sentence.

A) Aggravating
B) Conviction
C) Mitigating
D) Real

Question 12

A period of incarceration that is fixed by a sentencing authority and cannot be reduced by judges or other corrections officials is called ____ sentencing.

A) Determinate
B) Indeterminate
C) Mandatory
D) Truth in

Question 13

What is the oldest and most common justification for punishment?

A) Deterrence
B) Incapacitation
C) Rehabilitation
D) Retribution

Question 14

The strategy of preventing crime through the threat of punishment is called:

A) Deterrence
B) Incapacitation
C) Rehabilitation
D) Retribution

Question 15

What is the primary factor in a judge's sentencing decision?

A) Aggravating circumstances
B) Judicial philosophy
C) Mitigating circumstances
D) Seriousness of the crime

Question 16

Who prepares the presentence investigation report?

A) The judge
B) A probation officer
C) The prosecutor
D) The court clerk

Question 17

House arrest,electronic monitoring,and boot camp are all examples of:

A) Probation
B) Incarceration
C) Community service
D) Alternative sanctions

Question 18

A situation in which those convicted of similar crimes do not receive similar sentences is:

A) Sentencing disparity
B) Sentencing discrimination
C) Sentencing bias
D) Sentencing equity

Question 19

Which of the following sentencing philosophies is viewed as the most humane?

A) Deterrence
B) Incapacitation
C) Just deserts
D) Rehabilitation

Question 20

What type of sentencing occurs when a judge determines the minimum and maximum terms of imprisonment?

A) Determinate
B) Indeterminate
C) Mandatory
D) Truth in

Question 21

The United States Supreme Court paved the way for three-strike laws when it ruled in _____________ that Texas' habitual offender statute did not constitute "cruel and unusual punishment" under the Eighth Amendment.

A) Rummel v.Estelle
B) United States v.Booker
C) Weems v.United States
D) Furman v.Georgia

Question 22

In Weems v.United States,the Supreme Court ruled that:

A) What is cruel and unusual is defined by the changing norms of society
B) The death penalty is arbitrary
C) Age is a mitigating circumstance when assigning the death penalty
D) That capital punishment is constitutional

Question 23

Which Amendment guards against "cruel and unusual punishment?"

A) Fourth
B) Fifth
C) Sixth
D) Eighth

Question 24

Determinate sentencing has severely restricted judicial discretion in many jurisdictions.

Question 25

Which of the following is not one of the mitigating circumstances that will prevent a defendant found guilty of first degree murder from receiving the death penalty?

A) Age
B) Insanity
C) Mentally handicapped
D) Physically handicapped

Question 26

The Supreme Court made it very difficult to prove discriminatory intent in capital punishment based on statistics alone in:

A)McCleskey v.Kemp
B)Atkins v.Virginia
C)Roper v.Simmons
D)Furman v.Georgia

Question 27

At the sentencing phase of Ted's trial,Susan's mother and husband give personal statements about Susan and how her murder has affected their lives.This statement is known as a:

A)Aggravating factor statement
B)Restorative justice statement
C)Sentencing guideline statement
D)Victim impact statement

Question 28

Truth-in-sentencing laws require defendants to serve 100% of their sentences.

Question 29

Statutorily determined punishments that must be applied to those who are convicted of specific crimes are:

A) Mandatory sentencing guidelines
B) Habitual offender laws
C) Indeterminate sentencing laws
D) Determinate sentencing laws

Question 30

In ____ the U.S.Supreme Court did not rule that the death penalty inherently violated the Eighth Amendment's protection against cruel and unusual punishment or the Fourteenth Amendment's guarantee of due process,only that it did so as practiced by the states.

A) Atkins v.Virginia
B) Furman v.Georgia
C) Gregg v.Georgia
D) Roper v.Simmons

Question 31

According to the bifurcated process in capital cases,the decision to sentence a defendant to death must be made by:

A) The judge
B) The legislature
C) The jury
D) The prosecutor

Question 32

Which landmark case effectively ended the execution of those who committed crimes as juveniles?

A) Atkins v.Virginia
B) Furman v.Georgia
C) Gregg v.Georgia
D) Roper v.Simmons

Question 33

Which is the dominant method of execution in the United States today?

A) The gas chamber
B) Electrocution in an electric chair
C) Hanging
D) Lethal injection

Question 34

Specific deterrence assumes that an individual,after being punished once for a certain act,will be less likely to repeat that act because she or he does not want to be punished again.

Question 35

Statutes that require lengthy prison sentences for those who are convicted of multiple felonies are:

A) Mandatory sentences
B) Habitual offender laws
C) Truth-in-sentencing laws
D) Determinate sentencing

Question 36

In which case was the U.S.Supreme Court concerned with the execution of mentally handicapped criminals?

A) Atkins v.Virginia
B) Furman v.Georgia
C) Gregg v.Georgia
D) Roper v.Simmons

Question 37

Opponents of victim impact statements argue that they

A) Violate the fifth amendment rights of offenders
B) Result in reduced sentences for the offender
C) Are prejudicial and inflammatory
D) Constitute double jeopardy

Question 38

The oldest and most common justification for punishing someone is incapacitation.

Question 39

When an offender is sentenced under the determinate sentencing philosophy,his or her release date is determined by the parole board.

Question 40

Roper v.Simmons prohibited the death penalty for persons under the age of:

A) 15
B) 16
C) 17
D) 18

Question 41

_____________________ has been seen as the most humane goal of punishment.

Question 42

Advocates of the death penalty argue that it is a strong general deterrent.

Question 43

The presentence investigative report is compiled by the prosecutor.

Question 44

In federal court,capital punishment can be an option for those who traffic large amounts of illegal drugs.

Question 45

"Good time" is a reduction in time served by prisoners based on good behavior,conformity to rules,and other positive actions.

Question 46

Judges are not allowed to depart from the sentences stated in sentencing guidelines.

Question 47

An example of an aggravating circumstance is that the defendant was coerced into committing the crime.

Question 48

Prison administrators determine _____________________________ which is a reduction in time served by prisoners based on behaving well and conforming to prison rules.

Question 49

A prisoner is aware that he or she is eligible for ____________________ as soon as the minimum time has been served.

Question 50

Many methods of execution have been found to be unconstitutional by the Supreme Court.

Question 51

Alternative sanctions combine probation with other dispositions such as electronic monitoring,house arrest,boot camps,and shock incarceration.

Question 52

The number of offenders being executed by the states is steadily increasing.

Question 53

When two criminals receive different sentences for the same offense,this is known as sentencing discrimination.

Question 54

A fine is a direct payment to the victim or victims of a crime.

Question 55

Many prosecutors and defense attorneys are opposed to "real offense" procedures because they can render a plea bargain meaningless.

Question 56

An approach to punishment which is designed to repair the harm done to the victim is ___________.

Question 57

____________________ assumes that an individual,after being punished for a certain act,will be less likely to repeat that act.

Question 58

During a sentencing hearing,the judge's role is passive and reactive.

Question 59

Women who are convicted of crimes are more likely than their male counterparts to be sentenced to prison.

Question 60

Juries have traditionally been assigned a relatively small role in felony sentencing.

Question 61

Statutorily determined punishments that must be applied to those who are convicted of specific crimes are ______________________.

Question 62

________________________________ is a situation in which those convicted of similar crimes do not receive similar sentences.

Question 63

In the case of ____________________________ the Supreme Court made it very difficult to prove discriminatory intent in capital punishment based on statistics alone.

Question 64

The case of _____________________ended the execution of those who committed crimes as juveniles.

Question 65

Identify,define,and discuss the four basic philosophical reasons for sentencing.

Question 66

The Furman v.Georgia (1972)case resulted in a two-stage,or _________________,procedure for capital cases.

Question 67

Research suggests there is a _________________________,or the idea that women should be treated more leniently than men.

Question 68

Define and illustrate indeterminate sentencing,determinate sentencing and truth-in-sentencing laws as structures of sentencing.

Question 69

Discuss who has input in the sentencing decision.

Question 70

A ____________________________is the actual offense committed and not the charge that it levied by a prosecutor as the result of a plea bargain.

Question 71

When sentencing by _______________is allowed,the practice is popular with prosecutors because they are more likely than judges to give harsh sentences.

Question 72

Statutes that require lengthy prison sentences for those who have been convicted of multiple felonies are _____________________.

Question 73

__________ are payable to the government where _______________ is a direct payment to the victim of a crime.

Question 74

A _______________ is a stipulation in sentencing guidelines that allows a judge to adjust his or her sentencing decision based on the special circumstances of a particular case.

Question 75

Discuss restorative justice.

Question 76

Legislative attempts to ensure that convicts will serve approximately the terms to which they are initially sentenced is/are known as ____________________________________.

Question 77

_______________________________ is reserved normally for those who commit first degree murder.

Question 78

In 1984,Congress passed the _________________________________ which paved the way for federal sentencing guidelines.

Question 79

______________________________ combines probation with other dispositions such as electronic monitoring,house arrest,boot camps,and shock incarceration.

Question 80

Identify and describe the four forms of punishment.