Deck 14: Punishment and Sentencing

Question 1

As of 2009, approximately _________________ of the persons in U.S.prisons and jails were women.

A)500,000
B)300,000
C)200,000
D)100,000

Answer 1

200,000

Question 2

One factor that has led to new approaches and reforms in punishment is

A)reduced crime rates
B)the development of sentencing alternatives
C)the economic recession
D)all of the above

Answer 2

all of the above

Question 3

One purpose of the death penalty could be to exert fear of death in potential law breakers.According to Greenberg and Ruback (1984), which purpose would this be serving?

A)individual deterrence
B)general deterrence
C)moral outrage
D)retribution

Answer 3

general deterrence

Question 4

Rehabilitation has been shown to be more effective when it is tailored to an offender's

A)age
B)race
C)religion
D)all of the above

Question 5

Frank breaks the law and is sent to prison as a punishment; his punishment is supposed to discourage others from doing the same thing.This refers to which of the following punishment goals?

A)general deterrence
B)individual deterrence
C)retribution
D)incapacitation

Question 6

As of 2007, _________ of federal offenders were sentenced to _________________.

A)65%; probation
B)85%; probation
C)65%; prison
D)85%; prison

Question 7

Carlsmith, Darley, and Robinson (2002) used the technique of policy capturing to determine the punishment motives of community members.They found that their subjects were most concerned with

A)general deterrence.
B)individual deterrence.
C)retribution.
D)rehabilitation.

Question 8

Wrongdoers should compensate victims for their damages and losses.This refers to which of the following punishment goals?

A)retribution
B)moral outrage
C)individual deterrence
D)restitution

Question 9

Kahan argues that an intermediate sanction will be more acceptable to the public if

A)a shaming penalty is attached.
B)defendants must also perform community service.
C)defendants must also pay a fine.
D)all of the above

Question 10

Which of the following goals of punishment would be considered part of a retributive approach?

A)moral outrage
B)rehabilitation
C)general deterrence
D)individual deterrence

Question 11

In the U.S., at the end of 2009, one out of every _______ adults were incarcerated or on probation or on parole.

A)14
B)20
C)32
D)55

Question 12

According to Wilson (1975), one function of incapacitating the criminal is to ________ the criminal.

A)reform
B)rehabilitate
C)embarrass
D)age

Question 13

At the end of 2009, there were approximately _______ people in prisons and jails in the U.S.

A)2.3 million
B)1.3 million
C)3 million
D)1 million

Question 14

About _____ of the U.S.population is either incarcerated or on some kind of community supervision like probation or parole.

A)5.2%
B)3.2%
C)2.0%
D)1.5%

Question 15

The idea that punishment should be delivered to those who deserve it (i.e., the criminal should get their 'just desserts'), refers to which of the following punishment goals?

A)retribution
B)moral outrage
C)individual deterrence
D)restitution

Question 16

Approximately one-third of the federal offenders sentenced to prison as of 2007 were __________________________________.

A)drug offenders
B)violent offenders
C)illegal aliens
D)none of the above

Question 17

Rehabilitation and deterrence are considered _____________________ goals of punishment.

A)retributive
B)utilitarian
C)"just desserts"
D)none of the above

Question 18

The original purpose of prisons was to _________________; now the goal of prisons is to ____________.

A)punish, rehabilitate
B)rehabilitate, punish
C)provide restitution, rehabilitate
D)rehabilitate, provide restitution

Question 19

A pair of parents whose child was murdered wants the killer to be executed because they are angry and expect to be satisfied if the killer dies.This reflects which goal of punishment?

A)retribution
B)moral outrage
C)restitution
D)incapacitation

Question 20

High ________________ rates suggest rehabilitation through incarceration has not been particularly effective.

A)violent crime
B)recidivism
C)parole
D)none of the above

Question 21

To reduce the use of judicial discretion, some states have imposed

A)mandatory minimum sentences.
B)indeterminate sentencing schemes.
C)sentencing guidelines.
D)A and C

Question 22

According to at least one study, male offenders

A)receive less harsh sentences than female offenders.
B)are less likely to receive prison sentences.
C)receive longer sentences for property and drug offenses.
D)are more likely to receive prison sentences for committing a violent offense.

Question 23

Research has shown that prosecutor demands

A)are highly influential in judicial sentencing decisions.
B)are highly influential in defense attorneys' sentencing recommendations.
C)are highly influential in probation officers' sentencing recommendations.
D)A and B only

Question 24

The goals of juvenile court dispositions include

A)ensuring public safety.
B)addressing children's social and psychological needs.
C)both A and B
D)neither A and B

Question 25

Curry, Lee and Rodriguez (2004) found that offenders who victimized females received ________________ those who victimized males.

A)longer sentences than
B)shorter sentences than
C)generally the same length sentences as
D)longer parole terms

Question 26

Which of the following has been shown to impact the sentencing of offenders?

A)defendant gender
B)victim gender
C)offender race
D)all of the above

Question 27

"Get tough" or retributive approaches to punishment have been reflected by

A)sentencing guidelines.
B)mandatory minimum sentences.
C)the abolition of parole.
D)all of the above

Question 28

Which of the following would be considered restorative justice?

A)community service
B)the death penalty
C)incarceration
D)moral outrage

Question 29

According to the focal concerns theory of judicial decision making, what do judges focus on when making decisions?

A)the defendant's blameworthiness
B)protection of the community
C)consequences of the sentence
D)all of the above

Question 30

Which of the following is considered in sentencing in every jurisdiction?

A)a criminal's childhood (e.g., was he abused?)
B)a criminal's gender
C)a criminal's past record
D)all of the above

Question 31

Judges are increasingly using innovative sentences.Why?

A)The federal courts now require judges to use creative ways of punishing criminals.
B)Prisons are overcrowded.
C)It costs a lot to incarcerate criminals.
D)only B and C

Question 32

According to information provided in Chapter 14, the public tends to favor ____________ sentencing options for less serious offenses and for younger offenders, but favors ____________ sentencing for adult offenders, particularly those who have committed serious crimes.

A)retributive, restorative
B)restorative, retributive
C)therapeutic, restorative
D)restorative, therapeutic

Question 33

Some research has shown that judges' beliefs about _______________ affect their decision whether to transfer a juvenile to criminal court for prosecution.

A)incapacitation
B)retribution
C)moral outrage
D)rehabilitative potential

Question 34

In most courts, the judge receives a sentencing recommendation from

A)the prosecutor.
B)the defense attorney.
C)the probation officer.
D)all of the above

Question 35

One of the primary goals of determinant sentencing is

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

Question 36

Indeterminate sentencing allows judges to utilize their discretion to

A)provide a variable sentencing range.
B)provide a fixed sentence.
C)set an absolute release date.
D)none of the above

Question 37

According to one study of federal sentencing data, offenders who pled guilty received ______________________ than offenders who were convicted at trial.

A)15% longer sentences
B)15% shorter sentences
C)25% longer sentences
D)25% shorter sentences

Question 38

A review of more than 70,000 cases from 2010 revealed that 75% of offenders who received mandatory minimum sentences were convicted of

A)violent crimes.
B)property offenses.
C)drug offenses.
D)sexual offenses.

Question 39

In United States v.Booker (2005), the Supreme Court decided that the mandatory federal sentencing guidelines

A)were constitutional.
B)were not constitutional.
C)should be advisory.
D)B and C

Question 40

Judges seek alternative sentencing options other than incarceration because of

A)high recidivism rates among released offenders.
B)prison overcrowding.
C)prison costs.
D)all of the above

Question 41

Judicial decision-making in juvenile cases often involves consideration of

A)the financial resources of the juvenile's family.
B)the availability of community based programs.
C)the juvenile's family's role in ensuring school attendance.
D)all of the above

Question 42

A jury must decide whether a defendant, already judged guilty, should receive the death penalty.They are told that the murder of the young victim was done in an especially heinous matter; the defendant raped, murdered, and then mutilated the victim.This fact could argue for the application of the death penalty.This is an example of a(n) _______________ factor

A)discretionary
B)disparity
C)aggravating
D)mitigating

Question 43

Who was the only person to be executed in the U.S.by firing squad since 1976?

A)Ted Bundy
B)Gary Graham
C)Roger Dale Coleman
D)Gary Gilmore

Question 44

As of 2011, ___________ states and the federal government had enacted some form of civil authorization for the involuntary commitment of sex offenders.

A)15
B)20
C)22
D)32

Question 45

In what case did the Supreme Court reinstate the possibility of the death penalty?

A)Kansas v.Hendricks (1997)
B)Lockhart v.McCree (1986)
C)Furman v.Georgia (1972)
D)Gregg v.Georgia (1976)

Question 46

According to a 2010 Gallup Poll, a slight majority of participants favored

A)life imprisonment without the possibility of parole.
B)life imprisonment with the possibility of parole.
C)the death penalty.
D)none of the above

Question 47

________________ states and the federal government allow for capital punishment.

A)Twenty-eight
B)Thirty-two
C)Thirty-five
D)Forty

Question 48

Recent findings suggest that the use of blended sentences may be ineffective as about ____________ of juveniles who were released early and did not complete their sentence in adult prisons were later rearrested.

A)25%
B)45%
C)50%
D)65%

Question 49

Adrien committed a sex offense and has just completed serving his sentence.What is likely to happen after he is released from prison?

A)He will need to register with local law enforcement.
B)He will need to notify the authorities of subsequent changes of address.
C)His picture and other identifying information will be placed on a website.
D)all of the above

Question 50

In 1972, the U.S.Supreme Court in __________________abolished the death penalty on the grounds that it constituted "cruel and unusual punishment."

A)Coleman v.Texas
B)Mu'Min v.Virginia
C)Furman v.Georgia
D)Gregg v.Georgia

Question 51

In an attempt to alter the perception that capital punishment was being applied in an arbitrary and discriminatory manner, states

A)made only certain crimes eligible for the death penalty.
B)made sure that guilt and sentencing were decided simultaneously.
C)ensured that aggravating and mitigating factors were considered in the guilt phase.
D)all of the above

Question 52

____________________________ was the first state to pass a law requiring repeat child molesters to be treated with hormones as a condition of parole.

A)New York
B)California
C)Connecticut
D)Massachusetts

Question 53

According to one study, factors that have been shown to exert the greatest influence in juvenile dispositional outcomes are

A)individual factors.
B)legal factors.
C)both A and B
D)neither A or B

Question 54

Despite requirements that convicted sex offenders register with local law enforcement upon release from prison, one investigation revealed that California authorities have lost track of more than ___________________ sex offenders who were registered at one point in time.

A)10,000
B)23,000
C)33,000
D)40,000

Question 55

In 2010, _____________ inmates were executed in the United States.

A)8
B)10
C)28
D)38

Question 56

The U.S.Supreme Court has said that individuals subjected to Sexually Violent Predator laws must

A)have a mental abnormality.
B)be determined as likely to commit future sexually violent crimes.
C)have served at least ¾ of their sentence
D)A and B

Question 57

A jury must decide whether a defendant, already judged guilty, should receive the death penalty.They are told that the defendant committed the crime after years of physical abuse, a fact that could argue for a sentence less than death.This is an example of a(n) _______________ factor

A)discretionary
B)disparity
C)aggravating
D)mitigating

Question 58

Which of the following is not one of the ways in which sex offenders are treated differently than other offenders?

A)Sex offenders in many places are required to register with state officials who notify the community about the offender's location when the offender is released from prison.
B)Sex offenders can be involuntarily committed to a mental health facility after they complete their sentence.
C)Sex offenders can be subjected to additional sanctions such as chemical castration.
D)Sex offenders are not allowed to reside within 10 miles of a school after their release from prison.

Question 59

The Sexually Violent Predator Act allows for the involuntary commitment of offenders suffering from a "mental abnormality" that would make them likely to commit predatory acts of sexual violence.Leroy Hendricks challenged this Act claiming that

A)it violated the double jeopardy clause of the Constitution.
B)it violated the ex post facto clause of the Constitution.
C)it violated the hearsay clause of the Constitution.
D)A and B

Question 60

Some research suggests that public opinion

A)is in favor of life sentences for juvenile offenders.
B)is not in favor of life sentences for juvenile offenders.
C)is just as in favor of life sentences for juvenile offenders as for adult offenders.
D)none of the above

Question 61

Daryl Atkins was convicted of abducting and killing a male in Virginia and was sentenced to death.He successfully appealed to the Supreme Court which ruled that it is unconstitutional to execute the mentally retarded.Which of the following is the best statement of the outcome of this case?

A)A jury determined that he was mentally retarded and he was sentenced to life in prison.
B)A jury determined that he was not mentally retarded and he was sentenced to life in prison.
C)A jury determined that he was not mentally retarded and he was scheduled to be executed.
D)A jury determined that he was mentally retarded and he was scheduled to be executed.

Question 62

Which of the following is generally true regarding death-qualified jurors?

A)They are prone to side with the prosecution.
B)They are more likely to mistrust criminal defendants.
C)They are more concerned with crime control than with due process.
D)all of the above

Question 63

Brutalization refers to the idea that

A)in some cases, murder is a capital crime.
B)capital punishment increases crime.
C)capital punishment is cruel and unusual punishment.
D)any aggravating circumstance can increase assigned punishment.

Question 64

Natalee is a prospective juror who is answering voir dire questions about her attitudes regarding capital punishment.This procedure is called

A)query into death penalty tolerance.
B)death criterion.
C)death prerequisite.
D)death qualification.

Question 65

How many states do not permit an offender to be sentenced to death?

A)all states permit death sentences for offenders
B)about one-third
C)about one-half
D)over three-fourths

Question 66

The goals behind determinate sentencing are retribution and moral outrage.

Question 67

Proponents of the death penalty argue that

A)the death penalty accomplishes general deterrence.
B)the death penalty accomplishes specific (i.e., individual) deterrence.
C)murderers are dangerous people and allowing them to live increases the risk of injury or death to others in the prison.
D)all of the above

Question 68

Sam, Frank and Tom, all Black males, committed crimes that are surprisingly similar.Sam murdered a White female, a 22-year-old student on a city college campus.Frank murdered a Black female, a 40-year-old administrator on a suburban college campus.Tom murdered a Black female, a 36 year old professor on a city college campus.Given these details, who is more likely to be sentenced to death?

A)Sam
B)Frank
C)Tom
D)Frank and Tom

Question 69

Although it is unclear how many innocent persons have been put to death, estimates range from

A)12-15%
B)6-9%
C)2-5%
D)1-3%

Question 70

Blacks are much more likely to be sentenced to prison than Whites.

Question 71

The understanding of legal concepts is referred to as

A)process knowledge.
B)declarative knowledge.
C)procedural knowledge.
D)method knowledge.

Question 72

What was Warren McCleskey's offense?

A)He tortured his victim.
B)He killed a child.
C)He raped and murdered a pregnant woman.
D)He killed a police officer.

Question 73

Restorative justice polices are used throughout the world.

Question 74

In the Columbia University Law School Study, A Broken System: Error Rates in Capital Cases, it was determined that serious mistakes had been made in ___________ of the cases in which there was a capital conviction (U.S.cases between 1973 and 1995 were analyzed).

A)one-fourth
B)one-half
C)two-thirds
D)three-fourths

Question 75

In a capital case, excludables refers to those who

A)are excused because they know someone on the legal team.
B)are dismissed because they indicate that they have extreme beliefs about the use of the death penalty.
C)would automatically impose the death penalty if the verdict is guilty.
D)remain on the jury because they do not hold strong views against the use of the death penalty.

Question 76

In the case of Lockhart v.McCree (1986), the Supreme Court heard an appeal regarding the use of "death-qualified" jurors.In its decision on the issue, the Court ruled that

A)not enough research has been done to decide if death qualification is discriminatory.
B)psychologists have not provided "a solid empirical basis" for the claim that juries produced by death qualification are more likely to convict.
C)the Constitution does not prohibit the states from "death-qualifying" juries in death penalty cases.
D)the resultant jury was unrepresentative.

Question 77

Prisons are not very effective at rehabilitating offenders.

Question 78

Research indicates that the death penalty

A)does not affect the incidence of crimes of violence.
B)has decreased the incidence of crimes of violence.
C)gives victims a sense of restitution.
D)accomplishes a general, but not an individual deterrence.

Question 79

Why is the McClesky v.Kemp (1987) case important?

A)The Supreme Court refused to consider the case for review.
B)The Supreme Court required that any jury in Georgia that considered sentencing a Black person to death must have at least one Black jury member.
C)The Supreme Court upheld the Eighth Amendment's prohibition against cruel and unusual punishment.
D)The Supreme Court upheld McCleskey's death sentence despite the evidence that in Georgia, killers of White people are far more frequently sentenced to die than are killers of Blacks.

Question 80

All U.S.states have a determinate sentencing system in which judges have little control over the sentences assigned to defendants.