Deck 14: Sentencing and Appeals

Question 1

Old English common law punished felonies ______.

A)with the death penalty
B)with life in prison
C)by placing the offender in stocks
D)variably, depending on the specific offense

Answer 1

A

Question 2

Early advocates of imprisonment believed that offenders could be reformed and rehabilitated through all of the following except ______.

A)personal contemplation
B)punishment
C)bible study
D)hard work

Answer 2

B

Question 3

An offender is convicted of rape and sentenced to 30 years in prison.The judge says he would have imposed a greater sentence had the court been able if for no other reason than to remove the
Rapist from society for as long as possible.This is an example of which purpose of punishment?

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

Answer 3

B

Question 4

All of the following were given by the U.S.Supreme Court in Kennedy v.Mendoza-Martinez as a consideration as to whether a law is or is not criminal except ______.

A)whether the penalty imposed has been viewed as criminal in the past
B)whether the population considers the action as deserving of criminal punishment
C)whether the penalty involves a significant restraint on individual freedom
D)whether the penalty is imposed due to an individual's intentional wrongdoing

Question 5

______ imposes punishment based on just desert.

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

Question 6

Which of the philosophies is based on the biblical injunction of "an eye for an eye?"

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

Question 7

An offender is convicted of burglary and sentenced to a facility where he is confined from society but also receives counseling and job training in an attempt to prevent him from committing
The offense again.This is an example of which purpose of punishment?

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

Question 8

According to Smith v.Doe, are sex offender registration laws constitutional when considering ex post facto requirements of law?

A)Yes, the state has a vested interest in keeping the public safe.
B)Yes, sex offense is an especially heinous crime.
C)No, lifetime tracking is the equivalent of punishment.
D)No, the imposition against the offender's liberty outweighs state interests.

Question 9

Sentences of imprisonment longer than 1 year are typically served in which of the following?

A)local jails
B)state prisons
C)tribal jails
D)rehabilitation homes

Question 10

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

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

Question 11

Which of the following states became the first to introduce the penitentiary?

A)Maryland
B)Virginia
C)Pennsylvania
D)New York

Question 12

Which of the following is one consideration of criminal law?

A)whether the law itself may constitute a "punishment"
B)whether the prosecution believes the law to be fair
C)whether the defendant in question had knowledge of the law
D)the length of time the law has been on the books

Question 13

Which of the following was criticized as placing too much control in unelected judges and correctional officials?

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

Question 14

An offender murders three people and is sentenced to die in the electric chair as just punishment for his acts.This is an example of which purpose of punishment?

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

Question 15

All of the following sentences have been deemed cruel and unusual via the Eighth Amendment except ______.

A)branding
B)flogging
C)hanging
D)whipping

Question 16

An offender is sentenced to 2 years in prison for aggravated robbery so as to send a message to other potential robbers of what will happen should they commit this crime.This is an example of which purpose of punishment?

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

Question 17

______ recognizes that the needs of victims often are overlooked in the criminal justice system.

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

Question 18

______ singles out offenders who have committed certain serious offenses for lengthy incarceration.

A)Incapacitation
B)Selective incapacitation
C)Specific deterrence
D)General deterrence

Question 19

An offender is convicted of misdemeanor vandalism, but instead of being sentenced to jail, she is given 200 hr of community service, much of which is spent cleaning up her own graffiti and
Similar acts of vandalism.This is an example of which purpose of punishment?

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

Question 20

English common law punished misdemeanants with ______.

A)branding
B)whipping
C)breaking on the wheel
D)floggings

Question 21

Which of the following types of punishment involves the suspension of a prison sentence so long as an individual continues to follow certain standards for person conduct?

A)imprisonment
B)intermediate sanctions
C)probation
D)fines

Question 22

All of the following are aggravating circumstances of murder upheld in Gregg v.Georgia except ______.

A)defendant committed the murder while engaged in another dangerous felony
B)defendant intentionally killed a law an on-duty law enforcement officer
C)defendant murdered a family member
D)the murder was carried out for hire

Question 23

If an individual is sentenced to three sentences of 2 years each and thus serves 6 years, how was his sentence served?

A)concurrently
B)simultaneously
C)conjunctively
D)consecutively

Question 24

Which of the following cases called for the mass release of 46,000 prisoners to ease the overcrowding in the state prison system?

A)Trop v.Dulles
B)Brown v.Plata
C)Furman v.Georgia
D)In re Kemmler

Question 25

Which type of sentence takes a one-size-fits-all approach to sentencing?

A)indeterminate
B)alternative sentencing schemes
C)determinate
D)federal sentencing guidelines

Question 26

A defendant who makes a statement prior to sentencing is said to be exercising his ______.

A)right of allocution
B)right of oration
C)right of soliloquy
D)right to be heard

Question 27

The Fair Sentencing Act of 2010 reduced the 100:1 ratio between crack and powder cocaine to ______ to trigger the 5- and 10-year mandatory minimums.

A)75:1
B)47:1
C)22:1
D)18:1

Question 28

In which approach to sentencing are judges given the least amount of discretion in regard to how to punish an offender?

A)determinate sentencing
B)indeterminate sentencing
C)mandatory minimum sentencing
D)presumptive sentencing guidelines

Question 29

In which case did the U.S.Supreme Court first reject the assertion that the death penalty is in and of itself cruel and unusual?

A)Cunningham v.California
B)Furman v.Georgia
C)Gregg v.Georgia
D)In re Kemmler

Question 30

Which of the following guidelines are mandatory rather than advisory?

A)state and federal sentencing guidelines
B)state sentencing guidelines only
C)federal sentencing guidelines only
D)neither state nor federal sentencing guidelines

Question 31

A ______ exempts an individual from additional punishment.

A)clemency
B)pardon
C)commutation
D)mistrial

Question 32

All of the following are contained within a presentence report except ______.

A)aggravating and mitigating circumstances
B)financial information
C)criminal history
D)the thoughts and impressions of the jury in the criminal trial

Question 33

Which of the following was abandoned with the Sentencing Reform Act of 1984?

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

Question 34

Which of the following Amendments to the Constitution regulates the imposition of capital punishment?

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

Question 35

All of the following were identified as problems with determinate sentencing laws except ______.

A)they fail to take into account the differences between defendants
B)prosecutors who object to the laws charge defendants with the possession of a lesser quantity of drugs to avoid the mandatory sentencing provisions
C)the laws are thought to be responsible for prison overcrowding
D)the laws prevent the trading of information for reduced sentences

Question 36

Which of the following approaches to sentencing provides judges with little discretion in sentencing and specifies that the offender is to receive a specific sentence?

A)mandatory minimum sentences
B)intermediate sentences
C)determinate sentences
D)presumptive sentencing guidelines

Question 37

According to the federal Anti-Drug Abuse Act of 1986 and its 1988 amendments, possession of a small amount of which drug is punished most severely?

A)crack cocaine
B)powder cocaine
C)heroin
D)marijuana

Question 38

Which of the following approaches to sentencing gives judge's discretion within defined limits to set a minimum and maximum sentence.

A)mandatory minimum sentences
B)intermediate sentences
C)determinate sentences
D)presumptive sentencing guidelines

Question 39

House arrest is an example of ______.

A)probation
B)imprisonment
C)fines
D)intermediate sanctions

Question 40

Which of the following is punishable by 10 years in prison under federal law?

A)100 g of heroin
B)5 kg of powder cocaine
C)28 g of crack cocaine
D)100 kg of marijuana

Question 41

Which of the following is an approach to the consideration of aggravating and mitigating circumstances in the sentencing stage of death penalty trials?

A)weighing states
B)final judgment rule
C)clemency
D)interlocutory appeal

Question 42

A pardon exempts an individual from additional punishment.

Question 43

The emphasis under this "just deserts" model was on incarcerating defendants for definite terms in order to incapacitate them and to deter them from engaging in crime.

Question 44

The right of habeas corpus is found in ______.

A)Article 1 of the U.S.Constitution
B)Article 2 of the U.S.Constitution
C)the First Amendment
D)the Fourteenth Amendment

Question 45

The death of a defendant that makes it unnecessary for an appellate court to decide an appeal is referred to as ______.

A)final judgment rule
B)interlocutory appeal
C)moot
D)commutation

Question 46

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

Question 47

Selective deterrence singles out offenders who have committed certain serious offenses for lengthy incarceration.

Question 48

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

Question 49

The Bill of Rights, ratified in 1791, prohibited cruel and unusual punishment.

Question 50

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

Question 51

Upon a felony conviction, a defendant is granted ______ automatic appeal(s).

A)no
B)one
C)two
D)three

Question 52

The rule established in federal and state courts that allows for certain appeals to be made before a verdict is reached is known as the ______.

A)exigent appeal exception
B)interlocutory appeal exception
C)intervening appeal exception
D)mid-trial appeal exception

Question 53

Trial errors reviewed in an appeal are reviewed under the ______.

A)constitutionality standard
B)consumptive violation standard
C)harmless error standard
D)probable cause of damage standard

Question 54

Federal sentencing guidelines are not mandatory.

Question 55

Deterrence imposes punishment based on just deserts.

Question 56

All of the following are reasons provided by the U.S.Supreme Court for use of the final judgment rule except ______.

A)such appeals would delay the trial unnecessarily
B)appeals during a trial would unduly interfere with the trial
C)one appeal after the trial is finished is much more efficient than many mid-trial appeals
D)prosecutors would find it difficult to respond to such appeals before the case is concluded

Question 57

All of the following were identified as reasons for the final judgment rule except ______.

A)respect
B)delay
C)efficiency
D)effectiveness

Question 58

Concurrent sentences are sentences for each criminal act served one after another.

Question 59

In order to successfully challenge a seemingly neutral law of possessing a discriminatory impact, it must be shown that the law ______.

A)was created with discriminatory intent
B)has a discriminatory impact
C)has both a discriminatory impact and intent
D)was used against a defendant in a discriminatory manner

Question 60

Individuals sentenced to a year or less generally are sentenced to local jails.Sentences for longer periods typically are served in state or federal prisons.

Question 61

What are the four different approaches to sentencing listed in the text and how do they operate?

Question 62

What does a presentence report contain?

Question 63

There are five accepted purposes of punishment.List, define, and explain the basic premises behind them.

Question 64

The burden of proof of a habeas corpus hearing rests on the petitioner.

Question 65

What is specific deterrence and general deterrence?

Question 66

What does the final judgment rule provide?

Question 67

In order to file for a writ of habeas corpus, a defendant must have exhausted all other possible
appeals.

Question 68

In weighing states, the jury is required to find that the aggravating circumstances outweigh the mitigating circumstances.

Question 69

List and explain the significant limitations on the ability of federal courts to grant habeas corpus
review.

Question 70

Provide an example of a concurrent and consecutive sentence.

Question 71

The death of a defendant that makes it unnecessary for an appellate court to decide an appeal is an example of a moot case.

Question 72

Determinate sentencing laws take into account the differences between defendants.

Question 73

Mandatory drug laws are criticized for increasing the prison population.

Question 74

Explain the increasing controversy surrounding mandatory minimums and the studies that indicate
problems with these laws.

Question 75

What does the right of allocution allow?

Question 76

Most states view the prohibition against cruel and unusual punishment as a concept that evolves with time.

Question 77

Defendants possess a due process right to a criminal appeal.

Question 78

Various states have granted different levels of discretion to judges in regard to how they may
or may not sentence defendants.List these sentencing schemes.

Question 79

The Sixth Amendment to the U.S.Constitution is the primary constitutional provision that regulates the imposition of capital punishment.

Question 80

What are some of the advantages of a determinate sentence?