Deck 2: Sentencing and the Correctional Process

Question 1

Which of the following is NOT a reason federal sentencing guidelines have been criticized?

A) Prosecutors have little use for them because of their harshness and because they shift sentencing authority to judges.
B) They were developed with insufficient attention paid to either ethical considerations of basic justice or basic concerns about their efforts on prison populations.
C) They are biased against African Americans and Hispanics even though they have the goal of removing discrimination from the sentencing process.
D) Defense attorneys believe they result in longer prison terms and prevent judges from considering mitigating circumstances.

Answer 1

A

Question 2

In _________________, the U.S. Supreme Court found that federal law does not allow rehabilitation to be used as a factor when handing down a sentence.

A) Tapia v. United States
B) Driscoll v. United States
C) Kranitz v. United States
D) Katz v. United States

Answer 2

A

Question 3

The federal sentencing guidelines originated in October 1984 when Congress passed which federal law---a law that, among other things, abolished parole?

A) Preventive Detention Act
B) Sentencing Retribution Recovery Act
C) Comprehensive Crime Control Act
D) Determinate Sentencing Act

Answer 3

C

Question 4

If a jury trial is waived, the decision of guilt or innocence falls upon the:

A) judge.
B) prosecutor.
C) defense attorney.
D) all of the participants.

Question 5

The _________________ of 1994 requires a mandatory life sentence for any offender convicted of three felony offenses

A) Federal Crime Act
B) Harrison Narcotic Act
C) Violence Against Women Act
D) Violent Crime Act

Question 6

The most widely used type of sentence today is:

A) mandatory.
B) determinate.
C) indeterminate.
D) presumptive.

Question 7

The court actor who is responsible for bringing the state's case against the accused is:

A) the judge.
B) the prosecutor.
C) the defense attorney.
D) the probation officer.

Question 8

One or more sentences imposed at the same time and served one after the other are called:

A) consecutive sentences.
B) concurrent sentences.
C) mandatory minimum sentences.
D) sentencing sanctions.

Question 9

During trials without juries, the judge does which of the following?

A) rules on appropriateness of conduct.
B) settles questions of evidence.
C) guides questioning of witnesses.
D) all of these choices.

Question 10

With the number of plea bargains increasing over the past few years, there seems to be a transfer of power in the courtroom to the prosecutor from the:

A) media.
B) defendant.
C) defense attorney.
D) judge.

Question 11

The various types of sentences that can be awarded by the courts are called:

A) sentencing sanctions.
B) sentencing choices.
C) sentencing alternatives.
D) sentencing options.

Question 12

Which of the following is NOT considered to be a primary goal of structured sentencing?

A) regulating sentence length
B) curbing judicial discretion
C) making sentencing more rational
D) increasing gender disparity

Question 13

Sentences with a fixed term of years to serve are called:

A) indeterminate.
B) determinate.
C) predictive.
D) good time.

Question 14

A ____________ bond is a money bond levied to ensure the return of a criminal defendant for trial, allowing the defendant to remain in the community prior to trial.

A) ROR.
B) restitution.
C) bail.
D) forfeiture.

Question 15

Sentence types and lengths are typically created by a:

A) police department.
B) governor.
C) panel of judges.
D) legislative body.

Question 16

The temporary conditional release of an accused person awaiting trial is referred to :

A) customary release.
B) bail
C) discharge
D) emancipation

Question 17

Release after serving the required minimum portion of the sentence is a(n):

A) indeterminate sentence.
B) determinate sentence.
C) presumptive sentence.
D) a three strikes sentence.

Question 18

Sentencing is the formal beginning of which process?

A) arraignment.
B) pretrial.
C) correctional.
D) judicial.

Question 19

A deduction of time awarded to inmates for good behavior is commonly referred to as:

A) offender volunteer program.
B) presumptive sentence.
C) mandatory sentence.
D) good time.

Question 20

Before sentencing takes place in felony cases, it is common for the court's probation staff to conduct a:

A) criminal investigation.
B) background investigation.
C) suitability for probation investigation.
D) presentence investigation.

Question 21

Unsecured bail allows release without a deposit or bail arranged through a bondsman.

Question 22

Which Supreme Court case held that federal sentencing guidelines can be taken into consideration by federal judges but that they no longer had to be regarded as mandatory?

A) Blakely v. Washington
B) United States v. Booker
C) Briggs v. United States
D) Estep v. United States

Question 23

There has been a transfer of power in the courts that has undercut the formal court process with a more informal system shaped by backroom deals and agreements.

Question 24

The presentence investigation serves as the basis for sentencing and has a significant influence on whether the convicted defendant will be granted community release or sentenced to secure confinement.

Question 25

Half of all detainees being held in jail are misdemeanants who could not make bail.

Question 26

Disparities in sentencing often occur due to:

A) social status.
B) race.
C) gender.
D) all of these choices.

Question 27

In reference to a type of bail known as percentage bail , the defendant deposits a portion of the bail amount, usually 10 %, with the court clerk.

Question 28

Which of the following is considered to be an appropriate legal factor for a judge to consider prior to making a final sentencing decision?

A) defendant's prior record
B) defendant's age
C) defendant's race
D) defendant's income

Question 29

Political pressure has no real impact on how a judge may choose to impose a criminal sentence.

Question 30

According to the 8^th Amendment, all individuals accused of a crime in the U.S. are entitled to bail.

Question 31

Before sentencing takes place in felony cases, it is common for the prosecutor to personally conduct a presentence investigation.

Question 32

Mandatory life sentences for repeat offenders are popular in many states. These laws are known as:

A) Truth-in Sentencing laws.
B) Recidivist containment laws.
C) Three-strikes laws.
D) Habitual relief laws

Question 33

Which federal law authorized funding for additional state prisons and jails in order to ensure that convicted offenders serve a large portion of their sentence?

A) Anti-Drug Abuse Act
B) Violent Crime Control and Law Enforcement Act
C) Firearm Owner's Protection Act
D) Sentencing Reform Act

Question 34

Truth-in-sentencing laws require inmates to serve what percentage of their sentence?

A) 35 %
B) 65 %
C) 85 %
D) 95 %

Question 35

The sentence requiring a certain number of years of incarceration for particular crimes is a(n):

A) mandatory minimum sentence.
B) indeterminate sentence.
C) concurrent sentence.
D) consecutive sentence.

Question 36

A signature bond is usually given for minor offenses, such as minor traffic offenses, and is based on the defendant's written promise to appear in court.

Question 37

The Bail Reform Act of 1984 overturned the 1976 Supreme Court case of Burton v. South Carolina , which required that no defendant be kept in pretrial detention simply because he or she could not afford financial bail, and reinstated pretrial detention for indigent offenders.

Question 38

In 1970, about 1 in 12 cases made it to trial; today, fewer than 1 in 40 felony cases are tried in court.

Question 39

Third-party custody occurs when the court assigns custody of the defendant to an individual or agency that promises to ensure his or her later appearance in court.

Question 40

Which federal law created the U.S. Sentencing Commission?

A) Anti-Drug Abuse Act
B) Violent Crime Control and Law Enforcement Act
C) Firearm Owner's Protection Act
D) Sentencing Reform Act

Question 41

A(n) ____________________sentence is one or more sentences imposed at the same time and served simultaneously.

Question 42

A(n) ____________________sentence is when one or more sentences are imposed at the same time and are served one after another.

Question 43

A(An)__________________ is usually given for minor offenses, such as minor traffic offenses, and is based on the defendant's written promise to appear in court.

Question 44

Research has shown that both Latinos and African-Americans are, in general, sentenced more harshly than are whites.

Question 45

Pretrial detention is the official beginning of the correctional process.

Question 46

Only about 40 % of convicted felons go to prison, the rest receive a jail or community sentence.

Question 47

Federal and state sentencing guidelines were created to limit prosecutorial discretion so that people committing similar crimes received similar terms of incarceration.

Question 48

Under presumptive sentencing guidelines, the governor sets the penalties for criminal acts.

Question 49

______   _________ refers to a deduction of time awarded to inmates for good behavior.

Question 50

In recent years, _______________ have gained greater leverage to extract guilty pleas from defendants.

Question 51

It is appropriate for judges to consider a defendant's race in making their sentencing decision.

Question 52

The ______________________can become a useful tool when an offender is placed on probation by helping to shape treatment and supervision efforts.

Question 53

If a judge wants to depart from the federal sentencing guidelines, he or she must justify that departure in writing.

Question 54

Recent Supreme Court decisions ruled that federal sentencing guidelines are and must always be mandatory in order to ensure equality for all offenders.

Question 55

________________    _____________ refers to retaining in jail defendants who are deemed dangers and likely to commit crimes while awaiting trial.

Question 56

A sentence of 1 to 15 years is an example of a determinate sentence.

Question 57

Under mandatory minimum sentencing policies, the legislature may prohibit defendants convicted of certain violent crimes from being placed on probation.

Question 58

It has been shown that "three-strike" laws have not contributed to overcrowded prisons in America.

Question 59

The ____________________ formally charges the jury by instructing its members on what points of law and evidence they must consider before reaching a decision of guilty or innocent.

Question 60

Sentences given by state and federal courts have traditionally been long in the United States.

Question 61

In the case of _________________________________, the Supreme Court found that Washington State's sentencing guidelines violated a defendant's Sixth Amendment rights because they permitted a judge to consider aggravating factors that would increase the sentence.

Question 62

What are mandatory minimum sentences, and what affect have they had on correctional populations?

Question 63

____________________ sentencing imposes a sentence for a definite period of time.

Question 64

Discuss good time and how it can affect an offender's sentence.

Question 65

Discuss the various types of structured sentences.

Question 66

How do each of the following affect sentencing: social class, gender, age, victim characteristics? Discuss fully.

Question 67

In _________________, the Court held that guidelines could be taken into consideration by federal judges but that they no longer had to be regarded as mandatory.

Question 68

How does judicial discretion affect the models of determinate and indeterminate sentencing?

Question 69

When early release occurs after an offender serves a minimum portion of the sentence, the sentence is____________________.

Question 70

___________________________ give judges a recommended sentence based on the seriousness of a crime and the offender's prior background.

Question 71

Today, the primary purpose of indeterminate sentences remains an effort to individualize each sentence in the interest of ____________ offenders.

Question 72

Explain two major Supreme Court cases that impacted the legality of the application of sentencing guidelines in the U.S. Next, discuss some of the major criticisms of sentencing guidelines on the federal level?

Question 73

Discuss consecutive and concurrent sentences and give an example of each

Question 74

Many states have enacted ________________________________ laws that require offenders to serve a substantial portion of their sentence, usually 85%.

Question 75

List and describe at least three actors in the sentencing process.

Question 76

Social class, gender, age, and victim characteristics are considered ______________________ factors in sentencing.

Question 77

What are truth-in-sentencing laws, and why were they enacted?