Deck 3: Punishment and Sentencing

Question 1

______ occur when the state legislature provides judges with little discretion in sentencing and specifies that the offender is to receive a specific sentence.

A) Determinate sentences
B) Presumptive sentencing guidelines
C) Indeterminate sentences
D) Mandatory minimum sentences

Answer 1

A

Question 2

______ results in the reduction of an individual's sentence or in a commutation of a death sentence to life.

A) Concurrent sentences
B) Consecutive sentences
C) Clemency
D) Pardon

Answer 2

C

Question 3

______ punishes an offender as an example to discourage others from violating the law.

A) Negative reinforcement
B) Positive reinforcement
C) Specific deterrence
D) General deterrence

Answer 3

D

Question 4

The ______ states that "[e]xcessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishment inflicted."

A) First Amendment
B) Fourth Amendment
C) Eighth Amendment
D) Ninth Amendment

Question 5

______ are created by a legislatively established commission that created a sentencing formula based on various factors, stressing the nature of the crime and the offender's criminal history.

A) Determinate sentences
B) Indeterminate sentences
C) Mandatory minimum sentences
D) Presumptive sentencing guidelines

Question 6

The aim of ______ is to remove offenders from society to prevent them from continuing to menace others.

A) specific deterrence
B) general deterrence
C) rehabilitation
D) incapacitation

Question 7

______ occur when the legislature requires judges to sentence an offender to a minimum sentence regardless of mitigating factors.

A) Determinate sentences
B) Presumptive sentencing guidelines
C) Indeterminate sentences
D) Mandatory minimum sentences

Question 8

Which of the following laws prohibit convicted felons from profiting from books, films, or television programs that recount their crime(s); instead, such funds are made available to victims?

A) Manson laws
B) Bundy laws
C) Son of Sam laws
D) Zodiac laws

Question 9

______ appeals to the idealistic notion that people are essentially good and can transform their lives when encouraged and given support.

A) Utilitarian good
B) Rehabilitation
C) Incapacitation
D) Resolution

Question 10

______ occur when the state legislature provides judges with the ability within defined limits to set a minimum and maximum sentence.

A) Determinate sentences
B) Indeterminate sentences
C) Mandatory minimum sentences
D) Presumptive sentencing guidelines

Question 11

During colonial times, and the early American republic, what was the purpose of punishment?

A) to assert authority of law enforcement
B) to inflict pain
C) to set an example for society
D) to teach offenders a lesson

Question 12

______ are sentences served at the same time.

A) Concurrent sentences
B) Consecutive sentences
C) Clemency
D) Pardon

Question 13

All of the following are considered when judging whether a method of criminal punishment of prison discipline is cruel and unusual EXCEPT ______.

A) defendant's statement
B) prevailing social views
C) penological purpose
D) human dignity

Question 14

______ is/are defined as the sentences for each criminal act that are served one after another.

A) Concurrent sentences
B) Consecutive sentences
C) Clemency
D) Pardon

Question 15

______ stresses the harm caused to victims of crime and requires offenders to engage in financial restitution and community service to compensate the victim and the community to make them whole again.

A) Retribution
B) General deterrence
C) Resolution
D) Restoration

Question 16

The theory of ______ imposes punishment to deter or discourage a defendant from committing a crime in the future.

A) negative reinforcement
B) positive reinforcement
C) specific deterrence
D) general deterrence

Question 17

All of the following were identified as purposes or goals of punishment EXCEPT ______.

A) retribution
B) humiliation
C) deterrence
D) restoration

Question 18

Negotiated agreements between the defense and prosecuting attorneys are known as ______.

A) light sentences
B) pardon
C) preponderance of the evidence
D) plea bargains

Question 19

______ is the belief that offenders should receive the punishment that they deserve based on the seriousness of their criminal act.

A) Retribution
B) Humiliation
C) Deterrence
D) Restoration

Question 20

A defendant is sentenced to two 5-year prison terms and serves 5 years; he has served his time ______.

A) unconstitutionally
B) consecutively
C) concurrently
D) presumptively

Question 21

All of the following are considered rights afforded to criminals under criminal law EXCEPT ______.

A) double jeopardy
B) the right to a jury trial
C) the right not to testify at trial
D) the right to proceed as a pro se litigant

Question 22

Ava was sentenced to a crime for which the statute provided an indeterminate sentence not to exceed 5 years. A man convicted of the same crime received a minimum and a maximum sentence which could be reduced by good behavior and work credits. This fact pattern most closely resembles which state case?

A) State v. Kemp
B) State v. Chambers
C) State v. Camp
D) State v. Hines

Question 23

All of the following factors are considered by courts when making the determination whether a law is criminal, EXCEPT ______.

A) whether the legislature characterizes the penalty as civil or criminal
B) if the type of penalty imposed historically has been viewed as criminal
C) whether the penalty involves a significant restraint on personal freedom
D) the number of individuals brought to court charged under the law in question

Question 24

Demitri served time in a federal prison. He was sentenced to 124 months of incarceration followed by 24 months of probation. He served roughly 48 months in prison followed by the full 24 months of probation. During his term of imprisonment, what type of sentencing scheme was likely in place?

A) determinate
B) truth in sentencing
C) indeterminate
D) rehabilitation

Question 25

Judicial decisions have constantly held that it is unconstitutional for a judge to base a sentence on a defendant's race, gender, ethnicity, or nationality but juries have the power to do so in which situation?

A) when compelling circumstances exist
B) when aggravating factors are present
C) never
D) only when a unanimous vote is reached

Question 26

Short-term "shock" incarceration is an example of ______.

A) probation
B) indeterminate sentencing
C) incapacitation
D) intermediate sanctions

Question 27

Janice was convicted of aggravated robbery. Typically in this jurisdiction those convicted of this crime receive between 4 and 7 years in prison. During her sentencing, the judge noted that she would be reducing the sentence for Janice to 1 year and a day because she was a woman. Is this permissible?

A) Yes, women should be treated more leniently by the criminal justice system due to their docile nature.
B) Yes, women are impacted by punishment more harshly than men so their sentences need not be harsh.
C) No, sentences should be based on a defendant's act rather than identity.
D) No, unless she has children to take care of at home.

Question 28

The notion of "an eye for an eye, a tooth for a tooth" is the basis of ______.

A) incapacitation
B) retribution
C) restoration
D) humiliation

Question 29

The controversy in McClesky v. Kemp was focused on ______.

A) a statistical pattern of racial discrimination in the imposition of the death penalty
B) a statistical pattern of age discrimination in the imposition of the death penalty
C) age discrimination by a Georgia corporation
D) gender discrimination

Question 30

The practice of "fact finding" by judges during trials violates the ______.

A) Fourth Amendment
B) Sixth Amendment
C) Eighth Amendment
D) Tenth Amendment

Question 31

The Victims' Rights Act of 2004 provides for which of the following?

A) the right to be informed of all relevant information involving the prosecution, imprisonment, and release of an offender
B) the right to determine the appropriate sentence for an offender who perpetrated a violent crime
C) the right to oppose early release of an offender
D) the right to provide a victim impact statement during sentencing

Question 32

Donnie is drinking coffee on his morning commute to work. Traffic is badly backed up and is stop and go for miles. While taking a sip from his travel mug he briefly takes his eyes off the road. Simultaneously, traffic slows to a dead stop and unaware of the sudden back up, he rear ends the car in front of him. If there is damage done to the car he hit and the driver wishes to be compensated, how will the matter be handled?

A) criminally
B) civilly
C) independently
D) with strict scrutiny

Question 33

Logan was a victim of an aggravated robbery. Since the incident he has been unable to leave his house because he is afraid of the people he passes on the street. He has missed work and has gone to countless psychological therapy sessions. Additionally, he had numerous valuables taken from him by the perpetrator. He is not sure how he will pay his bills during this rough period where he is suffering such severe psychological trauma. As the victim of a crime, may he receive any assistance?

A) No, because no real harm was done.
B) Yes, as long as he can prove pain and suffering beyond a reasonable doubt.
C) No, unless there were at least 2 eye witnesses to the crime and his psychologist performs a rigorous evaluation.
D) Yes, states have funds designed to provide compensation for lost wages and physical and emotional harm.

Question 34

The general rule is that a defendant must prove both a discriminatory impact and discriminatory intent to prove an equal protection violation.

A) Yes, both prongs are typically required.
B) No, one or the other needs to be proven.
C) Malicious is the standard not discriminatory.
D) Disproportionate impact is the standard.

Question 35

In order to prove a violation of equal protection a defendant must demonstrate what?

A) malicious intent and burden of proof
B) discriminatory intent and discriminatory impact
C) Discriminatory impact and malicious intent
D) burden of proof and discriminatory impact

Question 36

The state of Orion recently enacted a statute requiring sex offenders to enter their names, addresses, photographs, and convictions into a public database for the remainder of their lives. Although there is a great amount of embarrassment and shame associated with this, Orion believes it is minimal in relation to the danger posed by sex offenders. This statute is an example of what?

A) Maria's Law
B) Megan's Law
C) a due process violation
D) a violation of the right to privacy

Question 37

Blake was recently released from prison. In order to assist in his transition from incarceration to the community, he participated in drug treatment, psychological counseling, and job training offered by local state agencies and non-profit organizations. Blake is likely obtaining services made possible by what?

A) the second chance act
B) victims' impact statements
C) truth in sentencing
D) rehabilitation

Question 38

Irena was a first generation American born to immigrant parents. She faced tremendous struggle assimilating into the U.S. and accepting the local culture. She was caught stealing from the local department store because she couldn't afford to shop there and thought the clothes were too expensive anyway. She pled guilty to the offense. During her sentencing the judge noted that normally the offense would just carry a fine but because he wanted to teach her a lesson she would be serving 6 months in prison. She believes the sentence was as a result of her nationality but the judge insists it is not. The sentence imposed is likely constitutional even if motivated by her ethnicity because it is within the judge's power to adjust sentences to fit the crime.

A) Yes, judges may use any facts to impose sentences.
B) No, ethnicity has nothing to do with the criminal act.
C) Only juries can take into account this type of information.
D) Only the Supreme Court justices may take into account this type of information.

Question 39

David, a 25 year old man, is a well-known serial killer whose fame has come from his unwillingness to show any remorse for his crimes. A television station wants to do a 2 hour long special on his life leading up to the crimes as well as the crimes themselves. The station has offered him $500,000 to tell his story which will give him plenty of money to buy all of the things he needs in prison for the remainder of his life sentence. Is this permissible?

A) Yes, David has the right to tell his story and receive the profits.
B) Yes, so long as any court fines are paid out of the $500,000.
C) No, Son of Sam laws prohibit felons from profiting from recounting their crimes in the media.
D) No, the victims of crime act prohibit such actions.

Question 40

The rationale used for victim impact statements in Payne v. Tennessee was ______.

A) "just as the murderer should be considered as an individual, so too the victim is an individual whose death represents a unique loss to society and in particular to his family"
B) "murderers are heinous individuals who need to be reminded of the horrible acts they have committed"
C) "due process requires all parties be heard"
D) "victims' aid in the determination of the sentence and they must justify the imposition of said sentence"

Question 41

The sentences for a particular offense should not always be uniform.

Question 42

The prohibition on cruel and unusual punishment requires that the punishment fit the crime.

Question 43

It is unconstitutional to enhance a sentence based on facts found to exist by the judge by a preponderance of the evidence.

Question 44

The only goal of punishment is deterrence.

Question 45

The Sentencing Reform Act accepted rehabilitation as the purpose of imprisonment.

Question 46

State statutes usually provide for fines as an alternative to incarceration or in addition to incarceration.

Question 47

In the last decade, the United States has experienced a shift from determinate sentencing to indeterminate sentencing.

Question 48

It is cruel and unusual punishment to impose criminal penalties based on status.

Question 49

California's Three Strikes and You're Out law provides a mandatory sentence for individuals who commit a third felony after being previously convicted for two serious misdemeanors.

Question 50

Individuals sentenced to a year or less generally are sentenced to state prisons.

Question 51

The rehabilitation approach recognizes that the needs of victims are often overlooked in the criminal justice system.

Question 52

Truth in sentencing ensures that offenders serve a significant portion of their sentence.

Question 53

What is the central characteristic of a criminal law?

A) A violation of the rule results in punishment before a court.
B) Imprisonment is imposed.
C) There is a tangible victim.
D) Society wishes to use criminal law to rid communities of undesirables.

Question 54

Which of the following assumes that we all know right from wrong and are morally responsible for our conduct and should be held accountable?

A) deterrence
B) retribution
C) rehabilitation
D) incapacitation

Question 55

The death penalty is considered cruel and unusual punishment.

Question 56

The death penalty is imposed on both homicide cases and rape cases.

Question 57

The "victims' rights" movement has resulted in provisions of federal state laws providing for compensation for injuries and expenses.

Question 58

Sentencing guidelines provide for a presumptive sentence that reflects the gravity of the offense and offender history.

Question 59

A sentence should be based on a defendant's act rather than on a defendant's identity.

Question 60

The sentence typically reflects the purpose of the punishment.

A) Yes, the two are intertwined.
B) No, the two are unrelated.
C) Yes, but only if the purpose is retribution.
C) Not unless the purpose is rehabilitation.

Question 61

List and discuss the purposes of punishment. What do you believe should be the purpose of punishment? Do you agree with the present purpose of punishment? Why or why not?

Question 62

What is the primary constitutional check of the Eighth Amendment?

Question 63

What is the difference between consecutive sentences and concurrent sentences?

Question 64

Prison sentences in some jurisdictions may be reduced by good-time credits earned by the individual while incarcerated.

Question 65

What is truth in sentencing? Are there any problems with this policy? Explain.

Question 66

What are Son of Sam laws?

Question 67

The death penalty has been a controversial punishment regarding proportionality and whether or not the punishment is cruel and unusual. What are the criticisms regarding the death penalty? What are the reactions to criticisms of the death penalty? Refer to Furham v. Georgia and Gregg v. Georgia.

Question 68

Identify the types of punishments available to judges?

Question 69

What are the three things courts consider when determining whether a method of criminal punishment or prison discipline is cruel and unusual?

Question 70

What is juvenile death penalty? How is it applied to cases? Are there limitations on its application? Do you believe that juvenile death penalty should be included in American crime control policies? Why or why not?

Question 71

List and discuss five of the evaluation of sentencing schemes. Which evaluation do you believe is the most important? Why?

Question 72

What are the goals of the Sentencing Reform Act?

Question 73

Discuss Megan's Law and the Smith v. Doe case. What are some of the implications of Megan's Law? How did it affect the defendant in Smith v. Doe?

Question 74

What is the difference between clemency and a pardon?

Question 75

What is the Three Strikes and You're Out statute?

Question 76

What are the purposes or goals that are the bases of sentencing in the criminal justice system?

Question 77

Victims are being provided a greater role and more protections in the criminal justice process

Question 78

How has the American crime control policy become harsher? Do you believe harsher sentencing laws are fair? Why or why not?

Question 79

What are the flaws of mandatory minimums?

Question 80

The restorative justice approach recognizes that the needs of victims are often overlooked in the criminal justice system.