Deck 9: Punishment and Sentencing

Question 1

The harshest sentence a court can assign is:

A)Capital punishment
B)Alternative sanctions
C)Restorative justice
D)Incarceration

Answer 1

A

Question 2

Restitution fits best with the ____ philosophy of punishment.

A)Deterrence
B)Retribution
C)Restorative justice
D)Rehabilitation

Answer 2

C

Question 3

What is the primary factor in a judge's sentencing decision?

A)Aggravating circumstances
B)Judicial philosophy
C)Mitigating circumstances
D)Seriousness of the crime

Answer 3

D

Question 4

All but four states allow prisoners the opportunity to reduce their sentences by doing "good time," or behaving well, as determined by

A)The parole board
B)Prison administrators
C)The sentencing judge
D)The jury

Question 5

The basic idea of ____ is that by punishing one person, others will be dissuaded from committing a similar crime.

A)Absolute deterrence
B)Specific deterrence
C)Just deterrence
D)General deterrence

Question 6

When indeterminate sentencing is used, the ________ determines the date of release.

A)Judge
B)Jury
C)Parole board
D)Legislature

Question 7

Which of the following sentencing philosophies is viewed as the most humane?

A)Deterrence
B)Incapacitation
C)Just deserts
D)Rehabilitation

Question 8

What is the oldest and most common justification for punishment?

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

Question 9

What type of sentencing law requires that murderers and others convicted of serious crimes complete a certain percentage their sentences with no time off for good behavior?

A)Determinate sentencing laws
B)Indeterminate sentencing laws
C)Mandatory sentencing laws
D)Truth in sentencing laws

Question 10

What type of sentencing occurs when a judge determines the minimum and maximum terms of imprisonment?

A)Determinate
B)Indeterminate
C)Mandatory
D)Truth in

Question 11

Truth-in-sentencing laws, in the majority of states, require offenders to serve at least ____ of the sentence handed down by the judge.

A)60%
B)75%
C)85%
D)100%

Question 12

A period of incarceration that is fixed by a sentencing authority and cannot be reduced by judges or other corrections officials is called ____ sentencing.

A)Determinate
B)Indeterminate
C)Mandatory
D)Truth in

Question 13

The strategy of preventing crime through the threat of punishment is called:

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

Question 14

Who prepares the presentence investigation report?

A)The judge
B)A probation officer
C)The prosecutor
D)The court clerk

Question 15

Which of the following is NOT one of the four basic philosophical reasons for sentencing?

A)Deterrence
B)Incapacitation
C)Retribution
D)Revenge

Question 16

A form of deterrence that is designed to prevent the offender from offending again is:

A)General deterrence
B)Individualized deterrence
C)Offender-based deterrence
D)Specific deterrence

Question 17

A sum of money paid in compensation for damages done to the victim is:

A)A fine
B)Community service
C)Restitution
D)Bond

Question 18

A strategy for preventing crime by detaining wrongdoers in prison is:

A)Retribution
B)Deterrence
C)Incapacitation
D)Just deserts

Question 19

A condition of early release in which a prisoner is released from a correctional facility but is not freed from the legal custody and supervision of the state is:

A)Good-time
B)Probation
C)Parole
D)Truth-in-sentencing

Question 20

House arrest, electronic monitoring, and boot camp are all examples of:

A)Probation
B)Incarceration
C)Community service
D)Alternative sanctions

Question 21

Which is the dominant method of execution in the United States today?

A)The gas chamber
B)Electrocution in an electric chair
C)Hanging
D)Lethal injection

Question 22

A stipulation in many federal and state sentencing guidelines that allows a judge to adjust his or her sentencing decision based on the special circumstances of a particular case is called a(n) ____.

A)Aggravating circumstance
B)Departure
C)Disposition
D)Mitigating circumstance

Question 23

A situation in which those convicted of similar crimes do not receive similar sentences is:

A)Sentencing disparity
B)Sentencing discrimination
C)Sentencing bias
D)Sentencing equity

Question 24

According to the bifurcated process in capital cases, the decision to sentence a defendant to death must be made by:

A)The judge
B)The legislature
C)The jury
D)The prosecutor

Question 25

In Weems v.United States, the Supreme Court ruled that:

A)What is cruel and unusual is defined by the changing norms of society
B)The death penalty is arbitrary
C)Age is a mitigating circumstance when assigning the death penalty
D)That capital punishment is constitutional

Question 26

Which landmark case effectively ended the execution of those who committed crimes as juveniles?

A)Atkins v.Virginia
B)Furman v.Georgia
C)Gregg v.Georgia
D)Roper v.Simmons

Question 27

Opponents of victim impact statements argue that they

A)Violate the fifth amendment rights of offenders
B)Result in reduced sentences for the offender
C)Are prejudicial and inflammatory
D)Constitute double jeopardy

Question 28

In an effort to eliminate the inequities of disparity by removing judicial bias from the sentencing process, many states and the federal government have turned to ____, which require judges to dispense legislatively determined sentences based on factors such as the seriousness of the crime and the offender's prior record.

A)Mandatory sentencing laws
B)Indeterminate sentencing laws
C)Sentencing guidelines
D)Truth-in-sentencing laws

Question 29

Mitigating circumstances may include:

A)A prior record
B)A passive role in the offense
C)Use of a weapon
D)Disregard for the safety of others

Question 30

Roper v.Simmons prohibited the death penalty for persons under the age of:

A)15
B)16
C)17
D)18

Question 31

Statutorily determined punishments that must be applied to those who are convicted of specific crimes are:

A)Mandatory sentencing guidelines
B)Habitual offender laws
C)Indeterminate sentencing laws
D)Determinate sentencing laws

Question 32

Sentencing guidelines require judges to determine a defendant's sentencing using:

A)A list of statutorily created criminal sentences
B)A sentencing grid
C)A presentence investigation report
D)The prosecutor's recommendation

Question 33

In which case was the U.S.Supreme Court concerned with the execution of mentally handicapped criminals?

A)Atkins v.Virginia
B)Furman v.Georgia
C)Gregg v.Georgia
D)Roper v.Simmons

Question 34

The United States Supreme Court paved the way for three-strikes laws when it ruled in ____ that Texas' habitual offender statute did not constitute "cruel and unusual punishment" under the Eighth Amendment.

A)Rummel v.Estelle
B)United States v.Booker
C)Weems v.United States
D)Furman v.Georgia

Question 35

Statutes that require lengthy prison sentences for those who are convicted of multiple felonies are:

A)Mandatory sentences
B)Habitual offender laws
C)Truth-in-sentencing laws
D)Determinate sentencing

Question 36

In ____ the U.S.Supreme Court did not rule that the death penalty inherently violated the Eighth Amendment's protection against cruel and unusual punishment or the Fourteenth Amendment's guarantee of due process, only that it did so as practiced by the states.

A)Atkins v.Virginia
B)Furman v.Georgia
C)Gregg v.Georgia
D)Roper v.Simmons

Question 37

Judges who make decisions based on ____ are often seen as undermining the plea-bargaining process.

A)Aggravating circumstances
B)Conviction offense
C)Mitigating circumstances
D)Real offense

Question 38

A(n) ____ circumstance is any circumstance accompanying the commission of a crime that may justify a harsher sentence.

A)Aggravating
B)Conviction
C)Mitigating
D)Real

Question 39

A situation in which the length of a sentence appears to be influenced by a defendant's race, gender, economic status, or other factor not directly related to the crime he or she committed is:

A)Sentencing disparity
B)Sentencing discrimination
C)Sentencing bias
D)Sentencing equity

Question 40

Any circumstance accompanying the commission of a crime that may justify a lighter sentence is known as a(n) ____.

A)Aggravating circumstance
B)Conviction circumstance
C)Mitigating circumstance
D)Real circumstance

Question 41

Advocates of the death penalty argue that it is a strong general deterrent.

Question 42

When an offender is sentenced under the determinate sentencing philosophy, his or her release date is determined by the parole board.

Question 43

Alternative sanctions combine probation with other dispositions such as electronic monitoring, house arrest, boot camps, and shock incarceration.

Question 44

Specific deterrence assumes that an individual, after being punished once for a certain act, will be less likely to repeat that act because she or he does not want to be punished again.

Question 45

"Good time" is a reduction in time served by prisoners based on good behavior, conformity to rules, and other positive actions.

Question 46

Determinate sentencing has severely restricted judicial discretion in many jurisdictions.

Question 47

What single factor is widely believed to contribute the most to the criminal justice system's fallibility?

A)DNA technology
B)Inadequate allocation of funds
C)Lying by jailhouse snitches
D)Unsatisfactory legal representation

Question 48

When two criminals receive different sentences for the same offense, this is known as sentencing discrimination.

Question 49

Judges who make sentencing decisions based on the real offense are often seen as undermining the plea-bargain process.

Question 50

According to death penalty advocates, which of the four justifications for punishment is the only one NOT met through capital punishment?

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

Question 51

A fine is a direct payment to the victim or victims of a crime.

Question 52

The oldest and most common justification for punishing someone is incapacitation.

Question 53

It is the jury, not the judge, who decides whether a convict eligible for the death penalty will in fact be executed.

Question 54

No method of execution has ever been found to be unconstitutional by the Supreme Court.

Question 55

The number of offenders being executed by the states is steadily increasing.

Question 56

Women who are convicted of crimes are more likely than their male counterparts to be sentenced to prison.

Question 57

Which Amendment guards against "cruel and unusual punishment?"

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

Question 58

In the past 10 years, the annual number of executions in the United States:

A)Has remained stable
B)Has increased dramatically
C)Has decreased
D)Has dropped to almost zero

Question 59

Truth-in-sentencing laws require defendants to serve 100% of their sentences.

Question 60

Which of the following is not one of the mitigating circumstances that will prevent a defendant found guilty of first degree murder from receiving the death penalty?

A)Age
B)Insanity
C)Mentally handicapped
D)Physically handicapped

Question 61

The Furman v.Georgia (1972) case resulted in a two-stage, or _________________, procedure for capital cases.

Question 62

Identify and describe the six forms of punishment.

Question 63

Define and illustrate indeterminate sentencing, determinate sentencing and truth-in-sentencing laws as structures of sentencing.

Question 64

An approach to punishment which is designed to repair the harm done to the victim is ___________.

Question 65

A prior record is an example of a(n) ___________________ circumstance.

Question 66

____________________ assumes that an individual, after being punished for a certain act, will be less likely to repeat that act.

Question 67

Explain some of the reasons why sentencing reform has occurred.

Question 68

Describe the main issues of the death penalty debate.

Question 69

Identify, define, and discuss the four basic philosophical reasons for sentencing.

Question 70

Statutes that require lengthy prison sentences for those who have been convicted of multiple felonies are _____________________.