Deck 11: Court Methods and Challenges: Sentencing and Punishment

Question 1

Which model included the idea that criminals are mentally ill and emphasized treatment?

A)progressive model
B)medical model
C)colonial model
D)crime control model

Answer 1

B

Question 2

A punishment that is meant to persuade others and the offender that crime is not worthwhile is most closely aligned with which goal of punishment?

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

Answer 2

C

Question 3

Placing an offender in an environment in which he or she is unable to commit future crimes is known as ______.

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

Answer 3

C

Question 4

The United States currently utilizes which model of corrections?

A)progressive model
B)reformatory model
C)community model
D)crime control model

Question 5

Which of the following is a true statement regarding the death penalty?

A)The number of executions in the United States has been declining since 2000.
B)The number of executions in the United States has been rising since 2000.
C)The United States Congress recently passed legislation banning executions for certain offenders.
D)The crimes for which executions have been issued have become more violent.

Question 6

Which goal of punishment traces its roots to the Old Testament adage of "an eye for an eye; a tooth for a tooth?"

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

Question 7

Public support for the death penalty for offenders who murder young children would be most closely aligned with which goal of punishment?

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

Question 8

An offender's desire to avoid unpleasant consequences is most closely aligned with which goal of punishment?

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

Question 9

What is the most important factor in determining an offender's sentence?

A)seriousness of the offense
B)the offender's level of cooperation
C)the offender's prior record
D)recommendations made by the victim

Question 10

A woman is robbed by an armed 15-year-old male after she attends a sporting event in a downtown area.During the sentencing hearing, the woman notes that the offender is young and should be given a sentence that allows him to change his ways to become a productive member of society.Which of the following punishments is the woman advocating for?

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

Question 11

During a victim impact statement, the mother of someone who was murdered advocates the death penalty as vindication for her slain child.She continues to note that she believes the offender will never experience remorse for his actions or change.Which type of punishment is the mother advocating for?

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

Question 12

In which model of corrections were offenders separated from each other in order to reflect upon their criminal behavior and expected to work 10 hours a day, 6 days a week?

A)colonial model
B)penitentiary model
C)progressive model
D)reformatory model

Question 13

In a discussion about different models of punishment and crime, your friend, Wanda, notes that she believes prisons interfere with an offender's ability to reintegrate into society.With which model of correction does this most align?

A)progressive model
B)medical model
C)community model
D)reformatory model

Question 14

Attempting to reform an offender through treatment or educational programs with the goal of turning the offender from crime is best described by which goal of punishment?

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

Question 15

Revoking Internet access from a habitual cybercriminal to keep him from committing crimes online is an example of which type of punishment?

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

Question 16

Which model of punishment viewed fixed sentences, lockstep, and isolation as destructive to inmate initiative?

A)progressive model
B)medical model
C)colonial model
D)reformatory model

Question 17

Who can influence the sentencing decision by agreeing to engage in plea negotiations and by arguing certain points to the judge to enhance the sentencing penalty?

A)prosecutor
B)police officer
C)expert witness
D)bailiff

Question 18

The ______ Jail introduced the use of solitary confinement as a means to reform inmates.

A)Walnut Street
B)Auburn
C)State Street
D)Jackson Street

Question 19

Which of the following would be an example of incapacitation?

A)sentencing an offender to community service
B)charging an offender a fine
C)passing laws against criminal acts
D)incarcerating an offender

Question 20

Which of the following reflects the progressive model of corrections?

A)Inmates worked in prison farms and factories that produced food and items for internal consumption.
B)Offenders marched in lockstep in close, single-file lines and were not allowed visitors.
C)Inmates received treatment focused on individuals and their specific problems.
D)Offenders were released on parole based on good behavior.

Question 21

An instrument developed by the federal government that uses a grid system that allows the court to arrive at a more consistent sentence is the ______.

A)sentencing guidelines
B)truth in sentencing laws
C)habitual offender statutes
D)determinate sentencing laws

Question 22

Which of the following is meant to ensure that sentences for federal crimes are reasonable?

A)required standards of proof
B)mandated sentencing guidelines
C)broad sentencing discretion
D)appellate review of sentences

Question 23

Which of the following sentences takes an offender's remorsefulness and amenability when inside the prison system into account?

A)consecutive sentence
B)determinant sentence
C)indeterminate sentence
D)concurrent sentence

Question 24

Probation was launched as a part of which correctional model?

A)progressive model
B)medical model
C)community model
D)reformatory model

Question 25

Federal sentencing guidelines have been found by the U.S.Supreme court to be which of the following?

A)mandatory
B)advisory
C)illegal
D)unjustifiable

Question 26

Neda's 12-year-old daughter was kidnapped two years ago.The man who kidnapped her was convicted of the crime.During sentencing, Neda speaks on behalf of her daughter.Neda notes that the crime has affected her daughter's ability to socialize, sleep, and learn in school.Which of the following does this describe?

A)capital punishment
B)determinant sentencing
C)state-level sentencing guideline
D)victim impact statement

Question 27

Which of the following describes sentences in which the separate counts are served together?

A)indeterminate sentences
B)determinate sentences
C)concurrent sentences
D)consecutive sentences

Question 28

Which of the following occurred when enacting the Sentencing Reform Act?

A)Rehabilitation was dropped as one of the goals of punishment.
B)All federal sentences were made indeterminate.
C)Appellate review of sentences was discontinued.
D)The U.S.Sentencing Commission was disbanded.

Question 29

______ sentence means the offender will serve one sentence after the other.

A)Consecutive
B)Concurrent
C)Indeterminate
D)Determinate

Question 30

Joe received a prison term of 5 years for burglary, which is indicative of what kind of sentence?

A)indeterminate
B)determinate
C)presumptive
D)aggravated

Question 31

Positivist criminology was the basis for which correctional model?

A)progressive model
B)medical model
C)community model
D)reformatory model

Question 32

Which case upheld the use of victim impact statements?

A)Payne v.Tennessee
B)Tennessee v.Garner
C)Smith v.Indiana
D)Payne v.South Dakota

Question 33

What was the critical essence of the U.S.Supreme Court ruling in Furman v.Georgia (1972)?

A)It found the death penalty was a cruel and unusual punishment.
B)It reinstated the death penalty.
C)It prohibited executing those who were insane.
D)It prohibited execution of juveniles.

Question 34

Which of the following is a statement provided prior to sentencing that helps the court focus on the human cost of the crime by noting the cost of the crime to the surviving family members or victims of a crime?

A)statement of interested parties
B)human impact statement
C)victim compensation statement
D)victim impact statement

Question 35

Which of the following spurred the creation of federal sentencing guidelines?

A)steady increase of death sentences
B)increase in crime within prison systems
C)growing discontent with indeterminate sentences
D)rise in white-collar crimes

Question 36

Mandatory sentencing laws are a major part of which correctional model?

A)progressive model
B)medical model
C)crime control model
D)reformatory model

Question 37

If someone is given the punished of servicing 10-16 years in prison, which sentence has he or she received?

A)rehabilitation
B)determinant sentence
C)indeterminate sentence
D)probation

Question 38

Jane was sentenced to a 5- to 10-year prison term for armed robbery, which is indicative of what kind of sentence?

A)indeterminate
B)determinate
C)presumptive
D)aggravated

Question 39

Which is a scheme in which a fixed-period punishment is ordered by a court?

A)rehabilitation
B)determinant sentence
C)indeterminate sentence
D)probation

Question 40

The need to target specific offenders with more serious penalties was ______.

A)the basis for requiring indeterminate federal sentences
B)the primary focus of the Adult Sentencing Guidelines Manual
C)a hindrance to creating federal sentencing guidelines
D)a reason Congress enacted the Sentencing Reform Act

Question 41

The authority to grant discretionary early release to a prisoner varies from one state to another.

Question 42

In which case did the U.S.Supreme Court prohibit application of the death penalty on those under age 18 at the time the crime occurred?

A)Furman v.Georgia (1972)
B)Ford v.Wainwright (1986)
C)Roper v.Simmons (2005)
D)Kennedy v.Louisiana (2008)

Question 43

Placing an offender on probation in the community with specific rules to follow would be a form of incapacitation.

Question 44

Supporters of the death penalty who argue the punishment fits the crime would be most closely aligned with the goal of rehabilitation.

Question 45

The Sentencing Reform Act was passed to ensure that offenders who commit similar crimes and have similar background characteristics are sentenced in a more uniform manner.

Question 46

An inmate files a civil lawsuit against the prison warden where she is being held.Which of the following would this be considered?

A)initial appeal
B)collateral attack
C)discretionary appeal
D)conviction attack

Question 47

Incapacitation places offenders in a situation in which they are unlikely to commit another crime.

Question 48

In a writ of habeas corpus, what is the inmate contesting?

A)violations of due process at trial
B)the legality of his or her confinement
C)conditions in the prison
D)ineffective representation by appointed counsel

Question 49

Sending an offender to substance abuse treatment and educational programs would be considered retribution.

Question 50

The United States Supreme Court held that the use of lethal injection violates the constitution if ______.

A)it was deliberately intended to inflict pain
B)anything other than a specific three-drug combination
C)anyone other than a board-certified physician administers it
D)the inmate experiences any pain or suffering

Question 51

If an individual is convicted of two counts of burglary and received two different sentences of 3 years in prison, to be served consecutively, how many years does he/she have to serve?

A)2
B)3
C)6
D)8

Question 52

In states using a determinate sentencing structure, convicted offenders are sentenced for a fixed term.

Question 53

Jim was convicted of two counts of armed robbery and sentenced to a separate 10-year term for each.This would be considered a concurrent sentence.

Question 54

Why do some hold that lethal injection is inhumane?

A)It prolongs the offender's death.
B)It employs the use of too many drugs concurrently.
C)It both causes extreme pain and masks symptoms of pain.
D)It deliberately inflicts suffering.

Question 55

Which of the following would be considered an aggravating circumstance?

A)offender has no prior criminal record
B)offender uses a weapon
C)offender was acting under duress
D)offender has a mental illness

Question 56

The United States is currently adhering to the community model, which emphasizes the use of probation and parole and other forms of community supervision as a means of relief for overburdened prison populations.

Question 57

What is the overall role of the appellate court?

A)to review the transcript of cases for errors
B)to grant defendants new legal counsel
C)to commute sentences from lower courts
D)to uphold the rulings and sentences of lower courts

Question 58

Andrew is a 25-year-old male with a prior criminal record.He is accused of shooting and killing another a person who was attempting to kidnap his 5-year-old daughter from a playground.Which element would be considered a mitigating circumstance?

A)Andrew's use of a gun
B)Andrew's killing of another person
C)Andrew's criminal record
D)Andrew's age

Question 59

Sara is a 30-year-old woman who has just been fired from her job.She lives alone in an apartment that she rents and is having trouble making ends meet.Although she has no previous criminal record, she becomes desperate and decides to rob a bank in the next county.During the robbery, she shows a gun to intimidate the tellers and make them comply with her demands.Which element would be considered an aggravating circumstance?

A)Sara's use of a gun
B)Sara losing her job
C)Sara's criminal record
D)Sara living alone

Question 60

The medical model of corrections reflected a belief that offenders were mentally ill and needed rehabilitation and treatment.

Question 61

Studies have found that race and gender are the major factors in death penalty decisions.

Question 62

Indigent defendants have the right to appointed counsel for their first appeal only.

Question 63

List the four goals of punishment.

Question 64

Distinguish between determinate and indeterminate sentencing.

Question 65

The federal sentencing system was reformed by making all federal sentences determinate.

Question 66

Discuss how the crime control model of corrections influences current sentencing practices.

Question 67

Families of homicide victims are afforded the right to make a statement to the court at sentencing to explain how the crime impacted the family.

Question 68

Describe the purpose of victim impact statements.

Question 69

Mitigation circumstances can include use of a weapon, commission of other felonies, commission of murder for hire, or the offender's being a peace officer engaged in official duties.

Question 70

Distinguish between specific and general deterrence.

Question 71

Discuss the main arguments in favor of the death penalty.

Question 72

To absolve someone of criminal blame, or to find someone not guilty is to exonerate.

Question 73

Defense attorneys probably have more influence than prosecutors do over sentencing decisions.

Question 74

Describe the factors that are most important in determining what sentence should be imposed on an offender.

Question 75

Being convicted of a crime is no guarantee that one is actually guilty as charged.

Question 76

What was the purpose of the Sentencing Reform Act?

Question 77

Incapacitation has its roots in the Old Testament law.

Question 78

Describe a defendant's right to appeal after conviction.

Question 79

Those who oppose the death penalty argue it has claimed the lives of innocent people and that it has no deterrent value.

Question 80

Distinguish between consecutive and concurrent sentences.