Deck 9: Punishment and Sentencing

Question 1

Many states use fixed-term mandatory sentences for crimes like kidnapping and gun possession.

Answer 1

True

Question 2

Death penalty researchers do not all agree that the threat of capital punishment serves as an effective general deterrent to murder.

Answer 2

True

Question 3

"Just Desert" means that the offender should pay back the victim or their family for the pain that they have caused.

Answer 3

False

Question 4

The future of structured sentencing guidelines is unclear after the Supreme Court's ruling in Blakely v. Washington .

Question 5

Indeterminate sentences use sentencing guidelines.

Question 6

Incapacitation is the theory that crime rates are influenced and controlled by the threat of criminal punishment.

Question 7

Whether the crime was committed for monetary gain is one of the factors that can legally affect sentencing.

Question 8

The brutalization effect is a hypothesis that states that the longer an offender is incarcerated, the more likely they are to become violent.

Question 9

A sentencing target of 8-25 years that allows the judge to decide on the length of the sentence within that range is an example of determinate sentencing practices.

Question 10

In early Greece and Rome, interpersonal violence was viewed as a private matter, even attacks that resulted in death.

Question 11

Three-strikes laws are a widely known form of sentencing, providing lengthy prison terms for any person convicted of three serious offenses.

Question 12

A defendant's Sixth Amendment right is diminished if juries are not instrumental in determining the outcome of a capital case.

Question 13

Once good time is earned by inmates, it cannot be revoked, even if the inmates break rules or get into fights.

Question 14

The death penalty is legal for use in any kind of homicide charge.

Question 15

The chivalry hypothesis states that women benefit from sentence disparity because the system is dominated by men who have a protective attitude toward women.

Question 16

Reducing recidivism is a primary goal of a specific deterrence model.

Question 17

Guidelines used in determinate sentencing aim to reduce judicial discretion.

Question 18

According to the Innocence Project, approximately 350 DNA exonerees have been released after being convicted of crimes they did not commit.

Question 19

The beginning of the Enlightenment Era marked the end of transporting criminals to the United States.

Question 20

The development of common law in the eleventh century brought some standardization to penal practices.

Question 21

In a concurrent sentence, a prisoner is serving a sentence for two or more criminal acts one after another.

Question 22

Which goal of sentencing attempts to convince the criminal through punishment that the benefits they would gain from returning to the crime in the future would not be worth the punishment they would face for it?

A) General deterrence
B) Retribution
C) Specific deterrence
D) Incapacitation

Question 23

What is another term that retribution advocates use to describe the concept of blameworthiness?

A) Recidivism
B) Just deserts
C) Specific deterrence
D) Severity

Question 24

What happened to convicts who were transported to North America or Australia once their period of service was completed?

A) They were executed.
B) They were granted pardons to gain their freedom.
C) They were returned to Europe to complete a term of imprisonment.
D) They were never released from servitude.

Question 25

Approximately _____ of the states have three-strikes laws, but nearly ____ of them require the third felony be a serious one.

A) one-fourth; half
B) half; all
C) three-fourth; none
D) 90 percent; all

Question 26

Well-publicized cases of innocent people being sentenced to death have helped erode support for capital punishment.

Question 27

Who determines the actual length of incarceration in an indeterminate sentence?

A) Sentencing guidelines
B) Prosecutor and the defense attorney
C) State legislature
D) Correctional agency and the judge

Question 28

Research supports an association between social class and sentencing, with members of the lower class likely to get a longer sentence than those who are more affluent.

Question 29

If the perpetrator of a burglary is ordered to pay an amount to the victim equal to the value of the goods he stole plus emotional distress, what is the goal of this sentence?

A) Just desert
B) General deterrence
C) Incapacitation
D) Restitution

Question 30

A fixed term of incarceration decided due to the crime committed is called a(n):

A) indeterminate sentence.
B) determinate sentence.
C) mandatory minimum.
D) fixed term.

Question 31

Punishing an offender severely to serve as an example to others is a sentence intended to achieve which goal of sentencing?

A) General deterrence
B) Rehabilitation
C) Specific deterrence
D) Incapacitation

Question 32

Sentencing for the purpose of general deterrence has most to do with:

A) changing the offender's future behavior through fear.
B) modifying the social environment from which the offender came.
C) changing the perception of the general public.
D) determining the proportionality of the sentence.

Question 33

What was the most common state-administered punishment in fifth-century Roman civilization?

A) Mutilation
B) Burning at the stake
C) Banishment (exile)
D) Fines

Question 34

What was the principle factor that shaped the punishment of criminals in the sixteenth century?

A) The spread of the black plague and the social hysteria that came with it
B) A changing political climate across Europe
C) Philosophical debates about the best way to correct offenders
D) The changing labor markets that stemmed from urbanization and colonization

Question 35

Research reveals that it is the victim's race, rather than the offender's, that structures sentencing outcomes: white offenders receive harsher outcomes when their victims are minorities.

Question 36

Poor laws were developed in England at the end of the ____ century.

A) ninth
B) eleventh
C) fourteenth
D) sixteenth

Question 37

What event ended the transportation of felons to North America?

A) The American Revolution
B) The philosophical writings of the Enlightenment
C) Publication of The Fatal Shore
D) A new influx of slaves from the nascent Triangle Trade

Question 38

What is the core goal of a policy that issues mandatory life sentences for certain crimes so those offenders cannot hurt other citizens?

A) Restitution
B) Incapacitation
C) Retribution
D) General deterrence

Question 39

Most industrialized countries in the world have abolished the death penalty.

Question 40

What term was adopted in the twelfth century to refer to a breach of faith with one's feudal lord?

A) Lex talionis
B) Felonia
C) Wergild
D) Mala prohibitum

Question 41

Approximately how many known executions have been carried out in the United States under civil authority since 1608?

A) 8,000
B) 10,000
C) 15,000
D) 20,000

Question 42

In Roper v. Simmons (2005), the Court set what limitation on use of the death penalty?

A) No defendant under 18 years old became the age limit on who could be sentenced to death.
B) Execution of the mentally retarded is prohibited by the Eighth Amendment.
C) Only those who commit felony murder may be executed.
D) Rapists may not be punished with death.

Question 43

Caroline has been arrested for shoplifting at Bloomingdales. This is not her first offense and she is found guilty at trial. The judge decides the appropriate punishment is to cut off Caroline's hand so she will not be able to shoplift again. In what century would this punishment handed down to Caroline be the most popular punishment?

A) Second century
B) Ninth century
C) Eleventh century
D) Sixteenth century

Question 44

Of all felons convicted in state courts, what percent are sentenced to a period of confinement?

A) 40
B) 70
C) 80
D) 95

Question 45

Which statement is false?

A) Research shows a strong correlation between legal variables and the type and length of sentence received.
B) There is a consistent relationship between social class and sentencing.
C) Judges may perceive women as better risks than men, thus creating gender bias in sentencing.
D) Victim characteristics may influence sentencing.

Question 46

If an offender has received two sentences for two different crimes but starts serving both sentences on the same day, this is called a _____________ sentence.

A) consecutive
B) determinate
C) concurrent
D) mandatory maximum

Question 47

Gregory was born in 1573, toward the end of the sixteenth century, to a poor family. His family stole money and food to survive. As one of the criminal poor, if he were ever caught, he would not be subjected to the same punishments as the rich. Throughout the generations, Gregory's children and grandchildren continue the tradition of stealing. What was the most likely punishment Gregory would have faced during that time if he had been caught stealing?

A) Exile and banishment
B) Torture and corporal punishment
C) Capital punishment (death)
D) Hard labor

Question 48

Caroline has been arrested for shoplifting at Bloomingdales. This is not her first offense and she is found guilty at trial. The judge decides the appropriate punishment is to cut off Caroline's hand so she will not be able to shoplift again. Amputation of a hand or other body part as punishment for a crime of shoplifting aligns best with which goal of punishment?

A) The pain of punishment is greater than the reward.
B) The punishment keeps other people from committing the same crime.
C) An equitable solution to the crime
D) A punishment that is proportionate to their crime

Question 49

Which of the following factors is not a legitimate consideration in setting the length of a prison term?

A) The severity of the offense
B) Whether the offender used a weapon
C) Whether the crime was committed for money
D) The offender's age

Question 50

Which 1972 Supreme Court decision ruled that the death penalty at that time violated the Eighth Amendment's protection against cruel and unusual punishment?

A) McKlesky v. Kemp
B) Gregg v. Georgia
C) Stanford v. Kentucky
D) Furman v. Georgia

Question 51

Who has final say in the duration of the offender's prison stay in a determinate sentence?

A) Prosecutor
B) Parole board
C) Judge
D) State legislature

Question 52

Which of the following is not an argument for the death penalty?

A) Use of discretion
B) Reflects public opinion
C) Deterrence
D) Proportional to the crime

Question 53

What type of punishment represented reform of traditional systems of punishment in the 1800s?

A) Wergild
B) Indentured servants
C) Penitentiaries
D) Hard labor work camps

Question 54

Gregory was born in 1573, toward the end of the sixteenth century, to a poor family. His family stole money and food to survive. As one of the criminal poor, if he were ever caught, he would not be subjected to the same punishments as the rich. Throughout the generations, Gregory's children and grandchildren continue the tradition of stealing. The year is 1725 and Gregory's grandson has just been convicted of robbery. Once his grandson serves his sentence, what will happen to him?

A) He will be free again.
B) He will be tortured to death.
C) He will be transported for hard labor.
D) He will be fined for his crime.

Question 55

"Let the sentence fit the criminal" best describes the basic philosophy of:

A) determinate sentencing.
B) mandatory minimums.
C) fixed terms.
D) indeterminate sentencing.

Question 56

The average time it takes to carry out an execution is 12 years because of:

A) numerous appeals.
B) time between conviction and jury decision.
C) sentencing by the judge.
D) prison administration delays.

Question 57

Which of the following is true?

A) Since 1990, 45 countries have abolished the death penalty.
B) Research by Samuel Gross estimates 1 in 25 death row inmates is innocent.
C) Today, about 42 percent of inmates on death row are African American.
D) All of these statements are true.

Question 58

In the case of Blakely v. Washington , the court found that Washington State's sentencing guidelines were in violation of the ____ Amendment.

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

Question 59

Which of the following is not one of the goals of sentencing guidelines?

A) To serve at recommendations for sentencing
B) To reduce prison crowding
C) To increase judicial discretion
D) To remove racial and gender disparity

Question 60

Caroline has been arrested for shoplifting at Bloomingdales. This is not her first offense and she is found guilty at trial. The judge decides the appropriate punishment is to cut off Caroline's hand so she will not be able to shoplift again. If Caroline had been put to death for her crimes of shoplifting, what would likely happen to the crime rates in the area?

A) The severe punishment would deter most criminals and the crime rates would drop sharply.
B) The disproportionate punishment could cause crimes to elevate in frequency and severity.
C) Offenders would all move to neighboring towns and the crime rates would drop.
D) Offenders would push back at the police and start targeting law enforcement.

Question 61

Jeff Johnson is the newest judge to take the bench in the fifth district of Virginia. He spent 25 years as a prosecutor before being elected to the court. He is known for his lenient views on drugs and his extreme conservative views on crimes of violence. Judge Johnson is about to sentence a drug offender who has been convicted for the third time. Judge Johnson views drug abuse as a sickness and a public health issue, not a criminal issue. What type of sentencing for this defendant would the judge likely favor?

A) Mandatory sentencing
B) Indeterminate sentencing
C) Determinate sentencing
D) Structured sentencing

Question 62

Three-strikes laws are an example of a(n) ____________________ sentence.

Question 63

In Ring v. Arizona , the Court found that ________, not judges, must make the critical findings that send convicted killers to death row.

Question 64

Jeff Johnson is the newest judge to take the bench in the fifth district of Virginia. He spent 25 years as a prosecutor before being elected to the court. He is known for his lenient views on drugs and his extreme conservative views on crimes of violence. Sean is a methamphetamine addict. He shot and killed the owner of a convenience store during a robbery, and he assaulted one of the employees of that convenience store so badly she will never walk again. If Judge Johnson was going to sentence Sean to more than five years in prison, what should Judge Johnson consider above all other factors in sentencing him?

A) Sean's use of violence
B) Sean's addiction to meth
C) Sean's motivation for robbery
D) Sean's age and class

Question 65

Prison sentences served simultaneously and run together are ______ sentences.

Question 66

Due to _____, hundreds of wrongfully convicted individuals have been exonerated in recent years.

Question 67

Jeff Johnson is the newest judge to take the bench in the fifth district of Virginia. He spent 25 years as a prosecutor before being elected to the court. He is known for his lenient views on drugs and his extreme conservative views on crimes of violence. Rebecca is a 37-year-old black woman standing in front of Judge Johnson in absolute disbelief that she has not received a life sentence for killing her husband while he slept. She was in an abusive marriage. Instead, she received a five-year sentence. How can extralegal factors best explain Judge Johnson's decision?

A) Judge Johnson is also black and therefore has more sympathy.
B) Older offenders get sentenced to lesser punishments than the young.
C) Minorities are sentenced to more prison time than whites.
D) Women are more likely to be treated leniently.

Question 68

A crime control policy suggesting that punishment should be severe enough to convince convicted offenders never to repeat their criminal actions is _________.

Question 69

A range of 3-20 years from which the judge may choose at their discretion for the crime of burglary is an example of a(n) ____________________ sentence.

Question 70

The ____________________ goal of punishment means that an offender must pay back the victim for their loss.

Question 71

Severity of the offense, criminal record, use of a weapon, and use of violence are _____ variables considered in sentencing.

Question 72

A prisoner who is sentenced for two crimes and serves his sentences one after the other is serving ______ sentences.

Question 73

____________ are a set of standards that define parameters for trial judges to follow in setting sentences.

Question 74

The use of ____________________ factors, such as offender's age, in sentencing decisions, is a direct violation of the Constitution.

Question 75

Jeff Johnson is the newest judge to take the bench in the fifth district of Virginia. He spent 25 years as a prosecutor before being elected to the court. He is known for his lenient views on drugs and his extreme conservative views on crimes of violence. Rebecca is a 37-year-old black woman standing in front of Judge Johnson in absolute disbelief that she has not received a life sentence for killing her husband while he slept. She was in an abusive marriage. Instead, she received a five-year sentence. Judge Johnson believes that an offender who is dead cannot commit any more crimes and that the death penalty will deter further homicide. Which of the following arguments is in line with his reasoning?

A) Harsh punishment is morally correct.
B) The punishment fits the severity of the crime.
C) The public generally supports the death penalty.
D) Homicide rates increase when the death penalty isn't used.

Question 76

A ____________________ describes the loss suffered by the victim of a crime before a sentencing judge.

Question 77

____________________ relies on a fixed term of incarceration set in law by the legislature and sentencing guidelines that offer recommendations.

Question 78

The suggestion that lesser convictions for women are a reflection of the leniency of police and judges toward female offenders is the __________.

Question 79

Supporters of the death penalty argue that capital punishment conforms to the requirement that the punishment be ____________________ to the crime.

Question 80

____________________ were sixteenth-century English laws that were used to put vagrants and abandoned children to work.