Deck 10: Criminal Punishment

Question 1

Imposing a fine as a result of committing a crime, is an example of a:

A) Punishment
B) Deprivation
C) Reward
D) Both A and B

Answer 1

D

Question 2

In 1958, this person wrote what is considered one of the most important studies of prison life.

A) Graeme Newman
B) Jeremy Bentham
C) CesareBeccaria
D) Gresham Sykes

Answer 2

D

Question 3

The concept of punishment being socially constructed means that people within a particular society determine:

A) Which actual punishments will be used, and for which criminal offenses
B) That all punishment is always equal
C) Nothing, the courts decide
D) All of the above

Answer 3

A

Question 4

Sykes reported that prison inmates suffer five deprivations by virtue of being behind bars. These include:

A) Deprivation of goods and services that would be available in the outside world
B) Deprivation of heterosexual relationships
C) Deprivation of individual autonomy
D) All of the above

Question 5

Penal social control must:

A) Come as a consequence to criminal behavior
B) Impose a deprivation
C) Implement a reward
D) Both A and B

Question 6

Punishment must meet five criteria. Which of the following are included in this:

A) Must involve pain or other consequences normally considered to be unpleasant
B) Must be of an actual or supposed offender for his offence
C) Must be intentionally administered by human beings other than the offender
D) All of the above

Question 7

A parent grounding a child for not cleaning his room qualifies as:

A) Punishment
B) Penal social control
C) Criminal charges
D) All of the above

Question 8

When governments mature and stabilize:

A) They need to be particularly harsh in their punishment
B) They no longer are responsible for punishing criminals
C) They no longer need to make public displays of force and punishments can become more humane
D) All of the above

Question 9

Retribution, deterrence, rehabilitation, incapacitation, and restitution are:

A) Needed to define punishment
B) The five common justifications of punishment upon which the American criminal justice system relies
C) Criminal strategies
D) All of the above

Question 10

Members of the public see punishments meted out and they decide not to commit crime out of a fear of being punished, themselves. This is known as:

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

Question 11

This is based on the idea that crime causes pain to the victim, so the only way for the criminal to repent and learn his or her lesson is through experiencing his or her own pain.

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

Question 12

When a victim is wronged, punishment should be designed to get even by imposing the same hardship onto the offender. This is known as:

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

Question 13

A man is released after serving 10 years of prison for stealing. He decides not to steal again, as he does not want to return to jail. This is an example of:

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

Question 14

You decide to study for an exam, not go to a movie, because the fear of doing poorly on the exam deters you from skipping the study session to go to the movie. This is an example of:

A) Retribution
B) Expiation
C) Hedonism
D) General deterrence

Question 15

Behaviorists, such as Skinner and Watson, believed:

A) Punishments alone serve to deter crime
B) Punishments and rewards are needed to deter crime
C) Rewards alone are needed to deter crime
D) All of the above

Question 16

Deterrence assumes that people think rationally. This statement:

A) Lends support to deterrence of crime
B) Is always true
C) Lends support to why deterrence is often ineffective
D) Is never true

Question 17

There is just no way to predict if an offender will be caught and punishment enforced, let alone how punishment will be administered. This demonstrates:

A) Punishment is not always swift
B) Punishment is not always certain
C) Punishment is not always proportional
D) Offenders are always aware of punishments

Question 18

For similar offenses, one judge may offer probation to the offender, whereas another judge may impose the maximum penalty allowed by law. This demonstrates:

A) Punishment is not always swift
B) Punishment is not always certain
C) Punishment is not always proportional
D) Offenders are always aware of punishments

Question 19

Which of the following is true about rehabilitation:

A) It must be offender-specific
B) The viewpoint is to let the punishment fit the offender
C) One key to success is to determine which programs are most appropriate for which offenders
D) All of the above

Question 20

In 1829, at Eastern State Penitentiary, offenders were locked in a cell and permitted no human contact for the duration of their sentence. They were provided a Bible to read, and the idea was that isolated reading and reflection would lead inmates to repent and change their ways. This is an example of:

A) Rehabilitation
B) Harsh punishment
C) Undue punishment
D) Violating religious freedom

Question 21

In the mid-twentieth century:

A) Advocates of rehabilitation strongly believed that treatment of the offender was more humane than other forms of punishment
B) Criminology had advanced to a point where treatment of the offender was possible.
C) Rehabilitation was viewed as being useful to society, by preparing reformed offenders to rejoin society as fully productive members
D) All of the above

Question 22

Imprisonment is a form of:

A) Incapacitation
B) Rehabilitation
C) Restitution
D) Restoration

Question 23

The death penalty is a form of incapacitation. This is because:

A) It is a punishment
B) Execution removes the opportunity for the individual offender to commit another crime
C) It is a deterrent
D) It is severe

Question 24

If a DUI offender is ordered to forfeit his driver's licenses and cars, hopefully rendering them unable to commit another DUI offense. This is an example of:

A) Removing the instrumentalities of crime
B) Crime
C) Judge's ability to sentence
D) Rehabilitation

Question 25

Having an offender of drunk driving display a different colored license plate is an example of:

A) Rehabilitation
B) Reintegrative shaming
C) Disintegrative shaming
D) Crime

Question 26

Labeling a group as a member of a dangerous class is:

A) A law issue
B) An individual issue
C) A human rights issue
D) An offender issue

Question 27

Labeling a group as a member of a dangerous class:

A) Results from truth
B) Results from prejudice and group stereotyping
C) Results from past history
D) Results from intense studies of who commits crime

Question 28

No one can be punished for an act that is not expressly labeled as a criminal act by a penal code. This is an implication of:

A) Dangerous class
B) Culpability
C) Legality
D) Shaming

Question 29

There are three implications of legality. They include:

A) Prohibits governments from punishing someone if a criminal law is written too vaguely
B) No one can be punished for an act that is not expressly labeled as a criminal act by a penal code
C) Criminal laws must be interpreted according to their plain meaning
D) All of the above

Question 30

This prevents police officers and judges from guessing or making up the meaning of law.

A) Dangerous class
B) Culpability
C) Legality
D) Void for vagueness

Question 31

The type of offense committed, the circumstances surrounding the offense, and the behavior of the accused are all factors which:

A) Judges may consider when determining bail
B) Judges may consider when determining a fine
C) Judges never consider
D) All of the above

Question 32

Fines:

A) Are a form of punishment
B) Are usually applied for minor offenses
C) Are financial penalties
D) All of the above

Question 33

The most controversial current issue pertinent to criminal punishment deals with:

A) Meeting bail
B) Prison systems
C) The death penalty
D) Dangerous class

Question 34

Some concerns with the death penalty include:

A) The disproportionate use of the death penalty against members of minority groups
B) Debates about the death penalty's effectiveness as a deterrent
C) Concerns about whether or not defendants receive adequate legal representation
D) All of the above

Question 35

One problem with fines is determining the proper amount. One solution, common in European countries but not in the United States, is:

A) The use of the day fine
B) The use of bail
C) The use of calculus
D) The use of punishment

Question 36

This is one of the ultimate powers held by the government in any society.

A) Rehabilitation
B) Punishment
C) Dangerous class
D) Culpability

Question 37

Complete this sentence: Only _____________ has the power to impose criminal ___________, and those punishments can take away _____________ commonly held by citizens.

A) Government, punishment, rights
B) Society, justice, people
C) People, penalty, money
D) Groups, trespasses, bail

Question 38

Punishment should fit the crime. This is:

A) Rehabilitation
B) Sentencing
C) Proportionality
D) Legality

Question 39

Bail may be set high if:

A) The accused does not live or work in the area
B) The accused does not have immediate family or close friends in the jurisdiction
C) The accused does not have community ties
D) All of the above

Question 40

There is a class of crimes called strict liability offenses, which:

A) Apply to second offense criminals
B) Punish certain acts even if mens rea is lacking
C) Are related to bail
D) Protect the very young

Question 41

Punishments deprive or take away something that a person desires or values.

Question 42

The concept of punishment is socially constructed, with variations across time and place.

Question 43

Nowhere do legal codes based on religious principles specify that certain offenses should be punished through death by stoning.

Question 44

Many factors enter into a society's decisions about how to structure criminal punishment, and this results in differences between cities, states, and nations.

Question 45

Punishments vary based on factors related to the actual offense, such as its seriousness, the number of victims involved, whether weapons were used, and so on.

Question 46

By its very definition, the government has the unique authority to punish those who do not accept and obey its laws.

Question 47

The American criminal justice system relies upon five common justifications or goals of punishment. They are: retribution, deterrence, rehabilitation, incapacitation, and restitution.

Question 48

Retribution means to discourage someone from doing something.

Question 49

In order for a punishment to deter, it should have the effect of convincing people not to commit crime.

Question 50

Specific deterrence would occur if the offender was to decide that the punishment he or she already experienced was unpleasant, and something to be avoided in the future.

Question 51

Punishments that are too severe are a great deterrence.

Question 52

Deterrence assumes that people think rationally and this is always true.

Question 53

Punishment is usually not swift; it may take years before a criminal case comes to trial.

Question 54

Offenders are not always aware of the punishments.

Question 55

If rehabilitation is successful, the violator will return to society "cured" of his or her evil ways and thereby become a productive member of the community.

Question 56

Rehabilitation is an attempt to correct an offender's behavior to make it conform to the norms of society.

Question 57

The second prison in the United States, Eastern State Penitentiary, was designed only to punish offenders with no emphasis on rehabilitation.

Question 58

It was not until the mid-twentieth century that rehabilitation gained widespread popularity in the United States.

Question 59

Additional evidence shows that rehabilitation could be effective if rehabilitative efforts were properly designed.

Question 60

Offenders who can be rehabilitated are offenders for whom the state does not have to pay for long-term incarceration.

Question 61

Incapacitation is currently a principal goal of the American criminal justice system.

Question 62

The death penalty is not a form of incapacitation.

Question 63

A penal colony is a colonial location or settlement where prisoners are sent to live.

Question 64

Restitution usually involves some type of financial payback.

Question 65

Individuals included in dangerous classes are not necessarily criminal or inherently bad. They are only perceived as "dangerous," generally by persons with social or political power, and then labeled accordingly.

Question 66

Being labeled as a member of the dangerous class is a means by which society and government identifies, controls, and punishes those targeted individuals and groups.

Question 67

Punishment occurs without limits.

Question 68

Laws must be specified ahead of time, before they may be enforced and their violators punishment.

Question 69

The principle of legality does not prohibit governments from punishing someone if a criminal law is written too vaguely.

Question 70

A police officer cannot make up a law on the spot and arrest a person for it, nor may a court make up a law and then punish a person for it.

Question 71

The Eighth Amendment of the United States Constitution reads: "Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishment inflicted."

Question 72

The Eighth Amendment was also intended to ban inhumane punishment.

Question 73

The Supreme Court acknowledged that it is difficult to define cruel and unusual or inhumane punishments.

Question 74

Punishment represents one of the ultimate powers held by the government in any society.

Question 75

While ideas about the dangerous classes change over time, given each era's biases and discriminations, the idea that some groups are subjected to closer surveillance than others has been constant across history.

Question 76

The death penalty is much less acceptable now than it has been previously in American history.

Question 77

Technological advances may change the landscape of punishment in the future.

Question 78

The most common form of incapacitation is imprisonment.

Question 79

Day fines do not vary based on an offender's income.

Question 80

The criminal law generally does not seek to punish those persons who commit acts when they lack free will, such as people who commit acts involuntarily or under duress.