Deck 6: Sentencing

Question 1

Between what years did sentences on drug charges increase by more than 1,000%?

A) 1980 and 1992
B) 1965 and 1976
C) 1950 and 1960
D) 1970 and 1980

Answer 1

A

Question 2

According to three-strikes-you're-out legislation, after the third strike or felony charge the offender is charged with ______.

A) 5-10 years
B) probation
C) intermediate sentencing
D) 25 to life

Answer 2

D

Question 3

______ suggests that when you punish someone, the larger society is deterred from committing crimes.

A) Specific deterrence
B) Incapacitation
C) General deterrence
D) None of these

Answer 3

C

Question 4

According to Kastellec, what percent of Black judges support affirmative action?

A) below 60%
B) 60-70%
C) 71-80%
D) above 80%

Question 5

The racial/ethnic background of most offenders at the federal level were ______.

A) Whites
B) Blacks
C) Hispanics
D) Asians

Question 6

Most recorded crimes in colonial New York were ______.

A) contempt of authority
B) crimes of violence
C) crimes by public officials
D) violations of public order

Question 7

An increasing finding in studies of both state and federal courts is that ______ are receiving the harshest sentences.

A) Asian Americans
B) Hispanic Americans
C) African Americans
D) Native Americans

Question 8

Because of mandatory sentencing, much of the power in the judicial process has shifted to ______.

A) defense attorneys
B) juries
C) judges
D) prosecutors

Question 9

In the mid-1990s, many more people were supportive of punishing violent offenders than ______ them.

A) rehabilitating
B) executing
C) studying
D) analyzing

Question 10

In colonial New York, what was the group with the largest number of accused people?

A) Jewish
B) Indians
C) Blacks
D) English

Question 11

Which ethnic group was involved in most of crime in colonial New York?

A) Dutch
B) English
C) Jews
D) Blacks

Question 12

Those who adhere to a ______ approach to handling crime control are supportive of sentencing philosophies that are punitive and deterrent.

A) conservative
B) liberal
C) modern
D) primitive

Question 13

The Fair Sentencing Clarification Act of 2015 allowed how many offenders to petition for a sentence reduction?

A) below 5,000
B) 5,000-7,000
C) 7,001-9,000
D) over 9,000

Question 14

In the 1880 census, what percent of people in penitentiaries had sentences of over 1 year?

A) below 70%
B) 70-80%
C) 80-90%
D) above 90%

Question 15

The number of African American inmates sentenced for drug offenses increased by ______ between 1985 and 1995.

A) 100%
B) 300%
C) 500%
D) 700%

Question 16

As a result of the War on Drugs, an individual possessing any amount of crack cocaine would receive ______ 100 times that amount in powder cocaine.

A) a lesser sentence than
B) a greater sentence than
C) the same sentence as
D) none of these

Question 17

Which group's average sentence in 1890 was the highest?

A) White males
B) Asian males
C) Black males
D) Black females

Question 18

In response to concerns about drug dealing and violent crimes, ______ were implemented.

A) harsher prisons
B) more lenient laws
C) mandatory minimum sentences
D) new police protocols

Question 19

In what case did the Supreme Court rule that mandatory crack penalties were advisory in nature?

A) United States v. Brown
B) Blakely v. Washington
C) United States v. Russell
D) Kimbrough v. United States

Question 20

According to Spohn, racial minorities are sentenced more harshly than Whites if they are convicted of ______.

A) less serious crimes
B) less serious drug offenses
C) violent crimes
D) serious offenses

Question 21

Three-strikes-and-you're-out laws are a recent sentencing innovation.

Question 22

______ refers to the events that occur prior to the sentencing phase that might have an effect on the eventual sentence received.

A) Cumulative advantage
B) Disproportionate advantage
C) Discriminatory outcome
D) Cumulative disadvantage

Question 23

Which racial/ethnic group is the most underrepresented in federal judicial appointments?

A) Native American
B) Asian
C) Black
D) Hispanic

Question 24

Briefly explain two philosophies of punishment.

Question 25

In 2016, the United States Sentencing Commission reported that the majority of cases involved the following four offenses ______.

A) drugs, assault, theft, or fraud
B) drugs, immigration, firearms, or fraud
C) drugs, assault, extortion, or firearms
D) drugs, immigration, extortion, or theft

Question 26

The White House Office of National Drug Control Policy was officially established under the Anti-Drug Abuse Act of 1988.

Question 27

Bill Clinton was the president who pushed to equalize the crack-cocaine and powder cocaine sentences.

Question 28

The War on Drugs has been shown to effectively reduce drug use in the United States.

Question 29

In the case of ______, the Court ruled that judges could not enhance penalties based on facts outside of those noted by the jury and the offender.

A) United States v. Brown
B) Blakely v. Washington
C) United States v. Russell
D) Kimbrough v. United States

Question 30

The average sentence for a felony conviction of murder and nonnegligent manslaughter is ______.

A) 10 years
B) 15 years
C) 20 years
D) 30 years

Question 31

Since the passage of the Fair Sentencing Act, ______ still represent the largest share of the drug offenders at the federal level.

A) Whites and Hispanics
B) Whites and Black
C) Hispanics and Blacks
D) Blacks and Asians

Question 32

Sentencing guidelines have been created to "equalize" or reduce the disparities in the sentencing process

Question 33

Which of the following crimes were the most slaves convicted of in Colonial America?

A) thefts
B) crimes against masters
C) crimes against morality
D) crimes of violence not resulting in death

Question 34

Asian Americans have greater representation in the judiciary than African Americans.

Question 35

Which president began the "War on Drugs?"

A) Jimmy Carter
B) Ronald Reagan
C) George H. W. Bush
D) Bill Clinton

Question 36

The sentencing process has considerable potential for discrimination and errors.

Question 37

Recent research has shown that Asians are sentenced more harshly than Blacks and Hispanics.

Question 38

Briefly explain the trends in colonial cases involving slaves.

Question 39

Once the Federal Sentencing Guidelines were enacted in 1984, federal parole was eliminated.

Question 40

Most people convicted of felonies in the United States are on probation.

Question 41

Consider the following statement in regard to sentencing for drug-related crime: Rather than having a blanket mandatory minimum sentence, the U.S. Sentencing Commission recommended providing sentencing enhancements based on the nature of the offense. Such enhancements would take into consideration whether a weapon was used, bodily injury occurred, the person was a repeat offender, and so on. Do you agree with this recommendation? Provide a detailed justification for your answer.

Question 42

Briefly explain the race and sentencing findings in the Post-Zatz era.

Question 43

Consider the following statement: The cumulative disadvantages that operate disproportionately for young Black men could also further limit their chances for successful integration back into their communities after release from prison, not to mention the potentially negative impact of their incarceration on their partners and dependent children. In what ways might cumulative disadvantage impact successful reintegration? Explain your answer.

Question 44

Briefly explain how fewer drug prosecutions can result in positive outcomes.

Question 45

Examine the case of Hudson v. McMillan (1992). Discuss the implications that this case had on the consideration of minority judges.

Question 46

Briefly explain the origin of the crack-cocaine and powder cocaine sentencing disparity.

Question 47

Briefly explain the findings regarding the decision-making of racial and ethnic minority judges in comparison to White judges.

Question 48

Spohn (2000) found that, in several studies, when looking at the interaction between the offenders' race and process-related factors, racial minorities are sentenced more harshly than Whites if they (1) are detained in jail prior to trial, (2) are represented by a public defender rather than a private attorney, (3) are convicted at trial rather than by plea, and (4) have more serious prior criminal records. Consider strategies that might prevent this type of disparity during the criminal justice process. Explain your answer.

Question 49

Briefly explain how the conservatism of the 1980s changes the nature of criminal justice.

Question 50

Spohn (2009) wrote that there are five necessary elements of punishment: It must (a) involve pain or other consequences normally considered unpleasant, (b) be enacted for an offense against legal rules, (c) be imposed on an actual or supposed offender for his offense, (d) be intentionally administered by human beings other than the offender, and (e) be imposed and administered by an authority constituted by a legal system against which the offense was committed. Provide an example from the criminal justice system that provides a representation of each of these philosophies.

Question 51

Briefly explain Zatz's four waves of sentencing research.

Question 52

Briefly explain the role of the "Drug Czar."

Question 53

Briefly explain the trends in the presidential appointments of racial and ethnic minorities to the federal judiciary.