Deck 2: The Punishment of Offenders

Question 1

The concept of restorative justice is that the punishment design should reform and rehabilitate the offender.

Answer 1

False

Question 2

Deterrence assumes that people think rationally before they act.

Answer 2

True

Question 3

The death penalty was used quite frequently during the Middle Ages.

Answer 3

True

Question 4

Sentencing guidelines are an instrument used by judges in some jurisdictions as means of determining what a typical sentence should be for a particular crime based on a previously determined sentencing range.

Question 5

Not all U.S. states use capital punishment as a sanction for those convicted of first-degree murder.

Question 6

Cesare Beccaria and Jeremy Bentham were proponents of which major goal of punishment?

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

Question 7

"Three-strikes" laws have had a major impact on reducing crime rates throughout the United States.

Question 8

Only juries in the United States are responsible for sentencing offenders whom they have found guilty of a crime.

Question 9

Critics say that the retributive focus of today's criminal justice system denies the victim's need to be acknowledged and isolates community members from the conflict between offender and victim.

Question 10

Fines and restitution are examples of determinate sanctions.

Question 11

The most frequently used form of criminal punishment in the United States is incarceration.

Question 12

If released, nonviolent inmates convicted under "three­strikes" laws will return to prison at high rates.

Question 13

Sentencing disparities occur when no justification is given for imposing very different penalties on offenders with similar criminal histories who committed the same offense.

Question 14

Felony courts hear about 90% of all criminal cases.

Question 15

Indeterminate sentences require a minimum and maximum amount of time for offenders to serve in prison.

Question 16

Another name for the historical period commonly referred to as the Age of Reason is "The Resurrection."

Question 17

The death penalty is the ultimate example of the punishment goal referred to as incapacitation.

Question 18

Before the 1200s in Europe, a crime was determined to be a private affair with vengeance to be carried out by the victim or the victim's family on the offender. This principle of punishment was centered on the idea of lex talionis, meaning the law of _________.

A) punishment
B) equality
C) justice
D) retaliation

Question 19

Indeterminate sentencing reduces "sentencing disparity."

Question 20

Corrections in colonial America followed English ideas and practices.

Question 21

Fines, forfeiture of illegally gained assets, and restitution to victims are all examples of what form of punishment?

A) intermediate sanctions
B) determinate sanctions
C) indeterminate sanctions
D) restrictive sanctions

Question 22

The biblical expression "_______" is often used to illustrate the underlying premise of the punishment goal of retribution.

A) sinners never sleep
B) eye for an eye
C) blood in blood out
D) pound of flesh

Question 23

According to Herbert Packer, which of the following is NOT an element of punishment?

A) an offense
B) the infliction of pain because of the commission of the offense
C) use of community justice tactics to deter the offender
D) a dominant purpose to prevent further offenses or to inflict pain on the offender

Question 24

Which of the following is NOT a principle that underlies the reforms that Beccaria advocated?

A) The basis of all social action must be the utilitarian concept of the greatest good for the greatest number of people.
B) Crime must be considered an injury to society, and the only rational measure of crime is the extent of injury.
C) The accused have a right to speedy trials and to humane treatment before trial, as well as every right to bring forward evidence on their behalf.
D) Imprisonment should be more widely employed, with worse quarters to deter offenders.

Question 25

remains the standard punishment for people who commit serious crimes.

A) Probation
B) Incarceration
C) Corporal punishment
D) Parole

Question 26

is a philosophy built upon the idea of the "greatest pleasure while bringing the least pain," an idea that inspired English reformer Jeremy Bentham to advocate for a new philosophy of punishment that focused upon crime prevention.

A) Wergild
B) Enlightenment
C) Classicalism
D) Utilitarianism

Question 27

The concept of selective incapacitation centers upon which of the following ideas?

A) The most serious offenders require shorter periods of incarceration.
B) Small numbers of offenders are responsible for a disproportionate number of violent and property crimes.
C) Costs of incarceration can be decreased by housing only serious and repetitive offenders.
D) Crime rates will remain relatively stable if serious felons are incarcerated for long periods.

Question 28

A new goal of punishment that has emerged over the last decade is called justice. This process advocates a type of punishment that is designed to repair losses to the victim and the community while attempting to keep the offender connected to society.

A) retributive
B) restorative
C) reconstructive
D) restrictive

Question 29

Punishment of criminals that is intended to be an example to the public and to discourage the commission of offenses by others is known as___________________.

A) specific deterrence
B) specific retribution
C) general deterrence
D) general retribution

Question 30

involves the participation of the offender, the victim, and the community.

A) Restorative justice
B) Rehabilitation
C) Victim justice
D) Community justice

Question 31

Which of the following is NOT one of the four commonly accepted goals of criminal sanctions in the United States?

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

Question 32

The goal of rehabilitation is oriented mainly toward the and does not imply any consistent relationship between the severity of the punishment and the gravity of the crime.

A) state
B) victim
C) offender
D) law

Question 33

is known as the founder of what is now referred to as the classical school of criminology.

A) Jeremy Bentham
B) Cesare Beccaria
C) John Howard
D) William Penn

Question 34

If the judge says "I am imposing this sentence because you deserve to be punished for the crimes committed against a woman who trusted you," then the goal of this punishment is ________.

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

Question 35

A(n) _______ sentence is a fixed period of incarceration and is often associated with the concept of retribution.

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

Question 36

slavery was a form of criminal punishment used in the Middle Ages in which men were forced to row large ships all over the world, with some men being chained in these ships until their death.

A) Transportation
B) Wergild
C) Corporal
D) Galley

Question 37

is a goal of punishment that focuses on the notion that both an individual and society as a whole can be discouraged from committing similar crimes through the effective use of certain types of punishments.

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

Question 38

The goal of punishment referred to as asserts that a person who has infringed the rights of others deserves to be penalized or punished.

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

Question 39

The goal of punishment that focuses on physically depriving that individual from committing future crimes is commonly referred to as .

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

Question 40

sentences are usually reserved for certain types of offenders, including violent and serious drug offenses and habitual offenders.

A) Determinate
B) Presumptive
C) Mandatory
D) Indeterminate

Question 41

Which of the following is NOT a purpose of home confinement?

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

Question 42

According to the text, which of the following is NOT an "invisible punishment"?

A) restricting access to public libraries
B) denying felons the right to vote
C) restricting access to certain occupations
D) allowing termination of parental rights

Question 43

_______ has the largest death row population of any state.

A) Texas
B) California
C) New York
D) Florida

Question 44

Excluding fines, the most frequently applied form of criminal sanction is _______.

A) probation
B) parole
C) community service
D) incarceration

Question 45

The Fair Sentencing Act eliminates the five-year mandatory minimum sentences for _______.

A) all drug offenses
B) possession of crack cocaine with the intent to distribute
C) possession of powder cocaine with the intent to distribute
D) possession of methamphetamine with the intent to distribute

Question 46

The _______ report is a summary prepared by a probation officer who investigates the background of a convicted offender in order to help the judge select an appropriate punishment.

A) prearraignment
B) prerelease
C) pretrial
D) presentence

Question 47

More than 80% of all executions that have taken place in the United States since the death penalty was reinstated by the Supreme Court in 1976 have taken place in what region of the country?

A) East
B) West
C) North
D) South

Question 48

When an innocent person is found guilty by plea or verdict it is known as a _________.

A) wrongful conviction
B) sentencing disparity
C) mandatory sentence
D) misrepresented sentence

Question 49

What time period was Sal sentenced in?

A) middle ages
B) twentieth century
C) reform era
D) crime control era

Question 50

The presentence report is prepared by a _________.

A) probation officer
B) judge
C) prosecuting attorney
D) court clerk

Question 51

What principle was practiced when Sal was sentenced?

A) "An eye for an eye."
B) "You plant corn, you get corn."
C) "You win some, you lose some."
D) "Three strikes and you're out."

Question 52

What happened to Stacy is an example of ________

A) a wrongful conviction
B) a fair sentence
C) the risk you take when you commit crimes
D) the reality of having a twin sister

Question 53

Which of the following is NOT a factor influencing the sentencing process?

A) the attitudes of the judge
B) the administrative context
C) the purpose of punishment
D) the presentence report

Question 54

What punishment practice was used in sentencing Cal?

A) transportation
B) lex talionis
C) gallery slavery
D) rehabilitation

Question 55

The sentences Tracy and Stacy received are an example of _______.

A) sentencing disparity
B) good sentencing practices
C) "you do the crime, you do the time"
D) justice

Question 56

Good-time credit _______.

A) is not allowed
B) provides an incentive for prisoners to follow institutional rules
C) creates more avenues for prison violence
D) cannot be given to drug offenders

Question 57

Who prepared the report for the court used to learn more about the offender?

A) probation officer
B) defendant
C) defense attorney
D) clerk

Question 58

Punishments less severe than prison but more restrictive than traditional probation are _______ sanctions.

A) definitive
B) indeterminate
C) determinate
D) intermediate

Question 59

Most likely, how was it determined Lacy committed the offense?

A) DNA testing
B) MAP testing
C) EBP testing
D) MCA testing

Question 60

What punishment was used in sentencing Hal?

A) lex talionis
B) banishment
C) rehabilitation
D) galley slavery

Question 61

The punishment goal of _______ centers upon the idea of treatment of the offender.

Question 62

Money paid to the victim by the offender is called _______.

Question 63

__________ assumes that society can remove an offender's physical ability to commit further crimes by detention
in prison or by execution.

Question 64

With Restorative Justice, the _______ must take responsibility for the offense.

Question 65

To be an effective deterrent, punishment must be perceived as fast, certain, and _______.

Question 66

During the Age of Reason, or the , traditional assumptions were challenged and replaced by new ideas based on rationalism, the importance of the individual, and limitations of government.

Question 67

A convicted offender who is imprisoned for a fixed period of time has been given a(n) __________ sentence.

Question 68

_______ is a type of punishment in which the offender is sentenced first to a short time in jail or prison and then is resentenced to a term of probation.

Question 69

Jeremy Bentham, eighteenth-century English law reformer and social activist, sought to change criminal law so that it emphasized the punishment goal of _______, meaning that prevention, not vengeance, should be emphasized to change a person's behavioral patterns.

Question 70

Punishments imposed by the courts that are _______ have been purposely designed to repair the damage done to
the victim and community by an offender's criminal act.

Question 71

What is the report the judge used called?

A) presentence investigation
B) postsentence investigation
C) sentencing guidelines report
D) biography of the defendant

Question 72

The judge considered the defendant's criminal history and severity level of the offense when determining a sentence. What sentencing structure did she use?

A) sentencing guidelines
B) gut feel
C) mandatory sentencing
D) sentencing disparity

Question 73

The "tough on crime" policies date back to _______'s theory of utilitarianism.

Question 74

The law of retaliation, or "an eye for an eye, a tooth for a tooth" is also known as _______.

Question 75

Rooted in the idea of treatment of the convicted, a(n) _________________ sentence gives correctional officials and parole boards significant control over the amount of time an offender serves.

Question 76

The punishment of criminals that is intended to be an example to the general public and to discourage crime by others is known as ____________ deterrence.

Question 77

A presumptive sentence is a sentence in which the _______ or a commission sets a minimum and maximum range of months or years.

Question 78

A reduction of an inmate's prison sentence at the discretion of the prison administrator is called _______.

Question 79

Under the approach of _______, the amount and kind of punishment are calibrated to discourage a criminal from deciding to commit a crime in the future.

Question 80

_______ remains the standard punishment for people who commit violent crimes.