Deck 12: Punishment and Sentencing.
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Deck 12: Punishment and Sentencing.
1
The U.S.Supreme Court ruled that the death penalty,as administered,constituted cruel and unusual punishment in the case of
A) Furman v. Georgia (1972).
B) Gregg v. Georgia (1976).
C) McCleskey v. Kemp (1987).
D) Payne v. Tennessee (1991).
A) Furman v. Georgia (1972).
B) Gregg v. Georgia (1976).
C) McCleskey v. Kemp (1987).
D) Payne v. Tennessee (1991).
A
2
When the goal of punishment is to restore a convicted offender to society through therapy,this is called
A) incapacitation.
B) special deterrence.
C) rehabilitation.
D) retribution.
A) incapacitation.
B) special deterrence.
C) rehabilitation.
D) retribution.
C
3
How many states in the United States use the death penalty?
A) All 50 states
B) About three-fourths of the states
C) About one-fourth of the states
D) About one-tenth of the states
A) All 50 states
B) About three-fourths of the states
C) About one-fourth of the states
D) About one-tenth of the states
B
4
Which term is used to define a model of justice that focuses on repairing damage done to the victim and the community?
A) Reparations
B) Rehabilitation
C) Retribution
D) Incapacitation
A) Reparations
B) Rehabilitation
C) Retribution
D) Incapacitation
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5
Felony cases are processed and offenders are sentenced in courts of ________ jurisdiction.
A) limited
B) general
C) specific
D) felony
A) limited
B) general
C) specific
D) felony
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6
Punishment that uses imprisonment or execution to prevent a person from committing additional crimes is called
A) incapacitation.
B) special deterrence.
C) rehabilitation.
D) retribution.
A) incapacitation.
B) special deterrence.
C) rehabilitation.
D) retribution.
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7
Which of the following is a valid observation about the orientation and assumptions of lower courts in their attempt to process a large mass of cases?
A) All defendants will go to trial.
B) The vast majority of defendants will plead guilty.
C) The courts must take extra care to filter out innocent defendants because prosecutors never drop charges.
D) Each defendant is entitled to use two weeks or more of courtroom time in a trial.
A) All defendants will go to trial.
B) The vast majority of defendants will plead guilty.
C) The courts must take extra care to filter out innocent defendants because prosecutors never drop charges.
D) Each defendant is entitled to use two weeks or more of courtroom time in a trial.
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8
Which English scholar developed utilitarianism and viewed retribution as pointless?
A) Orville Majors
B) Thomas Hobbes
C) John Locke
D) Jeremy Bentham
A) Orville Majors
B) Thomas Hobbes
C) John Locke
D) Jeremy Bentham
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9
Probation officers play a role in sentencing by
A) preparing the presentence report for the judge.
B) always asking for leniency.
C) instructing victims about what to say at sentencing hearings.
D) working with the defense attorney to prepare each defendant's rehabilitation plan.
A) preparing the presentence report for the judge.
B) always asking for leniency.
C) instructing victims about what to say at sentencing hearings.
D) working with the defense attorney to prepare each defendant's rehabilitation plan.
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10
Which of the following determines whether a prisoner receives a reduction in sentence due to "good time" for good behavior?
A) Judge
B) Prosecutor
C) State supreme court
D) Prison administrator
A) Judge
B) Prosecutor
C) State supreme court
D) Prison administrator
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11
Which of the following is true about the death penalty?
A) All Western democracies use the death penalty.
B) Most Western democracies use the death penalty.
C) The United States is virtually the only Western democracy to use the death penalty.
D) None of the Western democracies, including the United States, uses the death penalty.
A) All Western democracies use the death penalty.
B) Most Western democracies use the death penalty.
C) The United States is virtually the only Western democracy to use the death penalty.
D) None of the Western democracies, including the United States, uses the death penalty.
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12
Which of the following statements about the death penalty is true?
A) The offender's race and sex can be considered as factors when deciding whether to invoke the death sentence.
B) Offenders sentenced to death are not entitled to effective counsel.
C) It is constitutional to exclude jurors who do not believe in the death penalty from capital cases.
D) It cannot be imposed on an offender who was a juvenile at the time the offense was committed.
A) The offender's race and sex can be considered as factors when deciding whether to invoke the death sentence.
B) Offenders sentenced to death are not entitled to effective counsel.
C) It is constitutional to exclude jurors who do not believe in the death penalty from capital cases.
D) It cannot be imposed on an offender who was a juvenile at the time the offense was committed.
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13
Which of the following offenders is most likely to be sentenced under the philosophy of selective incapacitation?
A) A first-time drug offender
B) A juvenile offender
C) A repeat burglary offender
D) A female offender
A) A first-time drug offender
B) A juvenile offender
C) A repeat burglary offender
D) A female offender
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14
Punishment designed to affect the future choices and behaviors of individuals and targeted toward individuals who have already been convicted is called
A) incapacitation.
B) special deterrence.
C) rehabilitation.
D) retribution.
A) incapacitation.
B) special deterrence.
C) rehabilitation.
D) retribution.
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15
From 1975 to 2000,the number of people facing the death penalty in the United States
A) increased.
B) decreased.
C) stayed the same.
D) remained unknown.
A) increased.
B) decreased.
C) stayed the same.
D) remained unknown.
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16
Which of the following is not true about incarceration?
A) Incarceration is thought to have a significant effect in deterring potential offenders.
B) Incarceration is inexpensive.
C) Incarceration is the most visible and well-known penalty imposed by U.S. courts.
D) The majority of persons under correctional supervision are not incarcerated.
A) Incarceration is thought to have a significant effect in deterring potential offenders.
B) Incarceration is inexpensive.
C) Incarceration is the most visible and well-known penalty imposed by U.S. courts.
D) The majority of persons under correctional supervision are not incarcerated.
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17
When the commission of a specific crime leads offenders to be required to serve a minimum period of incarceration before release,this is called
A) an indeterminate sentence.
B) a presumptive sentence.
C) a mandatory sentence.
D) good time.
A) an indeterminate sentence.
B) a presumptive sentence.
C) a mandatory sentence.
D) good time.
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18
Defendants whose cases are processed through the lower court assembly line appear to receive
A) severe punishment.
B) moderate punishment.
C) little or no punishment.
D) none of the above.
A) severe punishment.
B) moderate punishment.
C) little or no punishment.
D) none of the above.
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19
The pursuit of justice through punishment imposed on a person as "payback" for harming society by violating criminal laws is called
A) incapacitation.
B) special deterrence.
C) rehabilitation.
D) retribution.
A) incapacitation.
B) special deterrence.
C) rehabilitation.
D) retribution.
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20
Punishment that assumes that members of the general public will not commit a crime because they observe the punishment of others who have committed a crime is called
A) incapacitation.
B) specific deterrence.
C) rehabilitation.
D) general deterrence.
A) incapacitation.
B) specific deterrence.
C) rehabilitation.
D) general deterrence.
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21
In recent years,dozens of people have been released from prison when their innocence was discovered through the use of
A) polygraph tests.
B) lie detector tests.
C) eye witness testimony.
D) DNA testing.
A) polygraph tests.
B) lie detector tests.
C) eye witness testimony.
D) DNA testing.
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22
Legislatures construct sentencing guidelines according to two dimensions.These dimensions are
A) seriousness of the offense and gender.
B) recidivism and gender.
C) seriousness of the offense and prior record.
D) gender and family responsibilities.
A) seriousness of the offense and gender.
B) recidivism and gender.
C) seriousness of the offense and prior record.
D) gender and family responsibilities.
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23
The goal of restoring a convicted offender to society through educational training is called ____________________.
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24
Theorist ____________________ argued that human behavior is governed by a cost-benefit analysis.
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25
____________________ is punishment designed to be an example for the public.
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26
A(n)____________________ sentence is determined by statute and cannot be altered by a judge.
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27
Which demographic group are you most likely to find overrepresented in the prison population of most states?
A) White males
B) African American males
C) White females
D) Hispanic men
A) White males
B) African American males
C) White females
D) Hispanic men
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28
Which of the following is true regarding presentence reports?
A) They are scientific.
B) They avoid stereotypes.
C) They ease the strain of decision making for a judge.
D) They are prepared by the prosecutor.
A) They are scientific.
B) They avoid stereotypes.
C) They ease the strain of decision making for a judge.
D) They are prepared by the prosecutor.
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29
The U.S.Supreme Court decided in the case of _____________ that the death penalty is unconstitutional for offenders under the age of 18.
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30
The U.S.Supreme Court declared that the death penalty was not implemented in a racially discriminatory manner in the case of ____________________.
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31
A(n)____________________ fixes the term of imprisonment at a specific period of time.
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32
_______________ indicate to judges the expected sanction for certain offenses.
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33
Sentencing guidelines provide
A) judges with guidance on incarcerating felons.
B) corrections officers with discretion when incarcerating felons.
C) police officers with discretionary power for arrests.
D) prosecutors with guidance on plea-bargaining cases.
A) judges with guidance on incarcerating felons.
B) corrections officers with discretion when incarcerating felons.
C) police officers with discretionary power for arrests.
D) prosecutors with guidance on plea-bargaining cases.
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34
____________________ is a sentence that can be served while the offender remains living at home,with few restrictions.
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35
____________________ occurs when an offender does not commit a crime for fear of receiving the punishment.
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36
Over half of adults under correctional supervision are on
A) probation.
B) parole.
C) house arrest.
D) intensive supervision probation.
A) probation.
B) parole.
C) house arrest.
D) intensive supervision probation.
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37
The ____________________ process is a major factor in delaying executions.
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38
The U.S.Supreme Court found that the death penalty was unconstitutional in ____________________.
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39
If days are subtracted from a sentence for good behavior,this is called ____________________.
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40
Which of the following is not a factor in sentencing decisions?
A) Attitudes and values of the judge
B) Conflicting goals of criminal justice
C) Administrative pressures
D) Community values
A) Attitudes and values of the judge
B) Conflicting goals of criminal justice
C) Administrative pressures
D) Community values
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41
Small counties frequently cannot afford to seek the death penalty as punishment due to the expenses involved in trials.
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42
Restorative justice programs in Vermont have increased the percentage of nonviolent offenders in the state's prisons.
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43
Approximately 30% of persons under correctional supervision are in prison.
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44
Punishments rarely reflect the dominant values of a particular timeframe in history.
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45
It is constitutional for states to execute persons under the age of 18.
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46
The goal of deterrence assumes that criminals are rational beings.
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47
An example of retribution is the saying,"an eye for an eye,a tooth for a tooth."
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48
When imposing a sentence,judges consider one goal only,such as retribution,incapacitation,rehabilitation,or deterrence.
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49
The prison population contains the same proportion of African Americans as the general population.
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50
The death penalty was found to be racially discriminatory by the U.S.Supreme Court.
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51
All 50 states impose death as a sentence.
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52
A determinate sentence means that the defendant determines his or her own punishment with the assistance of a counselor.
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53
Indeterminate sentences are consistent with rehabilitation.
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54
Most states use lethal injection as the preferred method of execution.
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55
Many legislators,prosecutors,and judges have abandoned rehabilitation as a goal.
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56
Misdemeanor courts usually can only impose sentences of one year or less in jail.
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57
Two-thirds of those on death row are from the South.
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58
Social scientists have been able to measure how many people stopped themselves from committing a crime as a result of the threat of certain punishments being imposed.
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59
Many exonerations are not based on DNA evidence but rather on the discovery that police and prosecutors had ignored or hidden __________.
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60
Sentencing decisions are often based on specific formulas,instead of various factors.
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61
_________ is the state with the most defendants on death row.
A) New York
B) Washington
C) California
D) Florida
A) New York
B) Washington
C) California
D) Florida
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62
Some countries use corporal punishment as a sanction in criminal cases.Do you think the United States should use a system of corporal punishment to control crime? What results might we see in such a system?
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63
Attitudes of judges factor into sentencing decisions.
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64
The prison population contains a higher proportion of Hispanics than does the general population.
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65
Presentence reports are careful to avoid stereotypes of defendants.
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66
How did the abolition of the death penalty in 2011 in Illinois reflect changes in the use of technology? What other issues relating to cost were involved?
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67
___________ are rigorous,military-style regimes for younger offenders designed to accelerate punishment while instilling discipline.
A) Day reporting centers
B) Prisons
C) Boot camps
D) Halfway houses
A) Day reporting centers
B) Prisons
C) Boot camps
D) Halfway houses
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68
__________ is a residential setting for selected inmates as a supplement to probation for those completing prison programs.
A) House arrest
B) Boot camp
C) Prison
D) A day reporting center
A) House arrest
B) Boot camp
C) Prison
D) A day reporting center
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69
In __________ the U.S.Supreme Court ruled that execution of developmentally disabled defendants was unconstitutional.
A) Roper v. Simmons (2005)
B) McCleskey v. Kemp (1987)
C) Gregg v. Georgia (1976)
D) Atkins v. Virginia (2002)
A) Roper v. Simmons (2005)
B) McCleskey v. Kemp (1987)
C) Gregg v. Georgia (1976)
D) Atkins v. Virginia (2002)
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70
Many exonerations are not based on DNA evidence,but on the discovery that prosecutors had ignored or _______ evidence.
A) hidden
B) destroyed
C) contained
D) shared
A) hidden
B) destroyed
C) contained
D) shared
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71
Gender does not affect sentencing decisions.
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72
________ relationships among courtroom actors can facilitate plea bargains and shape the content of prosecutors' sentencing recommendations.
A) Working
B) Exchange
C) Court
D) Involved
A) Working
B) Exchange
C) Court
D) Involved
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73
Under the ________approach,the amount and kind of punishment are calculated to discourage a criminal from repeating the offense.
A) incapacitation
B) rehabilitation
C) general deterrence
D) specific deterrence
A) incapacitation
B) rehabilitation
C) general deterrence
D) specific deterrence
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74
The late Chief Justice __________ actively sought to reduce the opportunities for capital punishment defendants to have their appeals heard by multiple courts.
A) John Roberts
B) William Rehnquist
C) Earl Warren
D) John Marshall
A) John Roberts
B) William Rehnquist
C) Earl Warren
D) John Marshall
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75
Give two examples of how budget cutbacks influence the use of mandatory sentencing and of good time.
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76
In your opinion,why does the United States rely on incarceration so heavily as a form of punishment? Why don't we use intermediate sanctions as frequently as other countries do?
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77
According to the U.S.Supreme Court landmark cases involving the use of the death penalty,its use does not violate the Eighth Amendment of the U.S.Constitution (that is,it is not cruel and unusual punishment).Do you agree with this view? Explain why or why not.
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78
A(n)_________ sentence is a sentence for which the legislature or a commission sets a minimum and maximum range of months or years.Judges are to fix the length of the sentence within that range,allowing for special circumstances.
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79
Sentencing guidelines provide additional discretion for judges in the sentencing process.
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80
Which purposes of punishment is the death penalty designed to serve?
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