Deck 5: Sentencing

Question 1

What is a punitive penalty ordered by the court after a defendant has been convicted of a crime, either by a jury, in a bench trial, by a judge, or in a plea bargain?

A) conviction
B) justice
C) revenge
D) sentence

Answer 1

D

Question 2

A moral concept that is difficult to define but in essence means to treat people in ways consistent with norms of fairness and in accordance with what they justly deserve by virtue of their behavior is known as ______.

A) conviction
B) justice
C) revenge
D) sentencing

Answer 2

B

Question 3

______ said, "Justice consists of treating equals equally, and unequals unequally according to relevant differences."

A) Plato
B) Beccaria
C) Aristotle
D) Homer

Answer 3

C

Question 4

A ______ sentence is one in which the actual number of years a person may serve is not fixed but is rather a range of years.

A) split
B) determinate
C) indeterminate
D) mandatory

Question 5

Truth-in-sentencing laws require that there be a truthful, realistic connection between the custodial sentence imposed on offenders and the time they actually serve, and they mandate that inmates serve at least ______ of their sentences before becoming eligible for release.

A) 20%
B) 45%
C) 85%
D) 60%

Question 6

What type of sentence means that convicted criminals are given a fixed number of years they must serve rather than a range?

A) split
B) determinate
C) indeterminate
D) mandatory

Question 7

What type of sentence can exist in the context of both determinate and indeterminate sentencing structures and simply means that probation is not an option and that the minimum time is beset by law?

A) split
B) determinate
C) indeterminate
D) mandatory

Question 8

A concurrent sentence involves ______.

A) a range of years to be determined by the convict's behavior
B) a fixed number of years that must be served
C) all separate sentences being served at the same time
D) all separate sentences being served sequentially

Question 9

A consecutive sentence involves ______.

A) a range of years to be determined by the convict's behavior
B) a fixed number of years that must be served
C) all separate sentences being served at the same time
D) all separate sentences being served sequentially

Question 10

An indeterminate sentence serves ______ function.

A) a rehabilitation
B) an incapacitation
C) a retribution
D) a deterrence

Question 11

A determinant sentence serves ______ function.

A) a rehabilitation
B) an incapacitation
C) a retribution
D) a deterrence

Question 12

______ sentences consist of two sentences ordered to be served at the same time.

A) Split
B) Determinate
C) Consecutive
D) Concurrent

Question 13

______ sentences are two or more sentences that must be served sequentially.

A) Split
B) Determinate
C) Consecutive
D) Concurrent

Question 14

Which statutes are derived from the same punitive atmosphere that led to truth-in-sentencing statutes?

A) habitual offender
B) shock incarceration
C) split sentences
D) victim impact statement

Question 15

Since 1984, there has been a ______ increase in the number of life without parole sentences.

A) 100%
B) 200%
C) 300%
D) 400%

Question 16

______ sentences may seem popular with the public at large until they get the bill.

A) Habitual offender
B) Truth in sentencing
C) Life without parole
D) Harsh

Question 17

In ______, the U.S. Supreme Court upheld a civil commitment statute for sex offenders.

A) Virginia v. Clarke
B) Payne v. Tennessee
C) Kansas v. Hendricks
D) United States v. Booker

Question 18

What type of sentence exposes offenders to the reality of prison life for a short period of time, followed by probation?

A) shock probation
B) split sentence
C) non-custodial sentence
D) drug court

Question 19

Which type of sentence requires felons to serve brief periods of confinement in a county jail prior to placement on probation?

A) shock probation
B) split sentence
C) non-custodial sentence
D) drug court

Question 20

What type of sentence is work release, whereby a person is consigned to a special portion of the jail on weekends and nights but released to go to work during the day?

A) shock probation
B) split sentence
C) non-custodial sentence
D) drug court

Question 21

A split sentence involves ______.

A) scaring offenders into a life of conformity by showing them the realities of prison
B) delaying a sentence in order to allow the defendant to perform a period of probation
C) requiring convicted people to serve a brief stay in jail prior to probation placement
D) sentencing for crimes for which probation is normally not an option

Question 22

What is shock probation?

A) a sentence aimed at scaring offenders into a life of conformity by showing them the realities of prison
B) a delay in a sentence in order to allow the defendant to perform a period of probation
C) a requirement that convicted people must serve a brief stay in jail prior to probation placement
D) a prison sentence imposed for crimes for which probation is normally not an option

Question 23

Based on the recommendations of a task force created by President ______, victim impact statements are now included at sentencing.

A) Obama
B) Reagan
C) Clinton
D) Nixon

Question 24

In ______, the U.S. Supreme Court upheld the constitutionality of using victim impact statements at sentencing.

A) Virginia v. Clarke
B) Payne v. Tennessee
C) Kansas v. Hendricks
D) United States v. Booker

Question 25

Which type of sentence requires participants to be involved in an intensive treatment program that lasts about one year?

A) shock probation
B) split sentences
C) non-custodial sentences
D) drug court

Question 26

The first drug court was introduced in ______.

A) 1973
B) 1981
C) 1989
D) 1996

Question 27

In drug courts, the prescreening interview is normally conducted by ______.

A) the judge
B) a police officer
C) the court psychologist
D) a probation officer

Question 28

The wide variation in sentence given to different offenders is called sentence ______.

A) disparity
B) inequality
C) splitting
D) discrimination

Question 29

In terms of research on racial disparity in sentences, ______.

A) nearly all studies indicate a pattern of disparity
B) hardly any studies indicate a pattern of disparity
C) different researchers reach different conclusions
D) there is not enough research on this topic to draw conclusions

Question 30

The biggest concern in sentencing disparity literature deals with ______ cases.

A) theft
B) cocaine
C) murder
D) gun

Question 31

______ occurs when there is a wide variation in sentences received by different offenders.

A) Sentencing disparity
B) The Fair Sentencing Act
C) The Anti-Drug Abuse Act
D) The U.S. Sentencing Commission Report to Congress

Question 32

The Fair Sentencing Act was introduced and passed by Congress and was signed into law by which president?

A) Clinton
B) G. W. Bush
C) Reagan
D) Obama

Question 33

How many states maintain sentencing disparities between crack and powder cocaine?

A) 0
B) 4
C) 12
D) 26

Question 34

______ established a 100-to-1 quantity ratio differential between powder and crack cocaine.

A) Sentencing disparity
B) The Fair Sentencing Act
C) The Anti-Drug Abuse Act
D) The U.S. Sentencing Commission Report to Congress

Question 35

______ increased the amount of cocaine subject to the five-year minimum sentence from 5 to 28 grams.

A) Sentencing disparity
B) The Fair Sentencing Act
C) The Anti-Drug Abuse Act
D) The U.S. Sentencing Commission Report to Congress

Question 36

According to ______, Congress passed legislation in reaction to media hype about the addictiveness of crack cocaine.

A) sentencing guidelines
B) the Fair Sentencing Act
C) the Anti-Drug Abuse Act
D) a U.S. Sentencing Commission report

Question 37

______ according to race is reasonable and just if the members of a group being more harshly punished commit more crimes than the individual members of other groups but is discriminatory and unjust if they do not.

A) Sentencing disparity
B) Sentencing variation
C) The Fair Sentencing Act
D) Presentence reporting

Question 38

______ are used to assist judges in making sentencing recommendations.

A) Presentence investigation reports
B) Sentencing files
C) Investigation reports
D) Judges' reports

Question 39

A presentence investigation report (PSI) is generally written by whom?

A) the judge
B) the judge's clerk
C) the probation officer
D) the parole officer

Question 40

How many states require disclosure of presentence investigation reports?

A) 10
B) 14
C) 15
D) 16

Question 41

Which of the following may be found within a PSI report?

A) the circumstances of the offense
B) judge's history of cases involving similar offenses
C) short biography of the person preparing the report
D) personal testimony from those who know the offender

Question 42

The ______ was charged with the task of creating mandatory sentencing guidelines.

A) U.S. Sentencing Commission
B) Sentencing Guidelines Association
C) Sentencing Disparity Commission
D) Fair Sentencing Act

Question 43

______ are forms containing scales with a set of rules for numerically computing a sentence based on the crime that has been committed and the offender's criminal record.

A) The U.S. Sentencing Commission rules
B) Sentencing guidelines
C) Sentencing disparity rules
D) Fair sentence guides

Question 44

Mandatory sentencing guidelines were created to ______.

A) create judicial bias
B) help determine guilt or innocence
C) rein in judicial discretion
D) classify offenders into institutions

Question 45

Sentencing guidelines are ______, meaning that judges can consult them and follow them or not.

A) presumptive
B) advisory
C) mandatory
D) wishful thinking

Question 46

In which Supreme Court case did the court rule that the federal sentencing guidelines were no longer to be binding on the states?

A) United States v. Booker
B) Apprendi v. New Jersey
C) Blakely v. Washington
D) Rita v. United States

Question 47

Which of the following factors can affect a judge's decision when sentencing a defendant?

A) the seriousness of the crime
B) the defendant's age
C) the defendant's children's ages
D) the defendant's address

Question 48

Sentencing differs radically among four major comparison countries, and the most brutal sentences are handed out in which country?

A) China
B) United Kingdom
C) Saudi Arabia
D) France

Question 49

Which country punishes some crimes in an "eye for an eye, a tooth for a tooth" fashion?

A) China
B) United Kingdom
C) Saudi Arabia
D) France

Question 50

Which country tries minor offenses in police courts, where these offenses are punishable only by fines?

A) China
B) United Kingdom
C) Saudi Arabia
D) France

Question 51

Sentencing is the post-conviction stage of the criminal justice process.

Question 52

The determinate sentencing model prevailed most strongly under the so-called medical model.

Question 53

Determinant sentences are aimed at rehabilitation.

Question 54

Under indeterminate sentencing, offenders know how much time they will serve.

Question 55

Truth-in-sentencing laws have led to longer sentences.

Question 56

An indeterminate sentence is a range of years.

Question 57

In a determinate sentence, offenders are given a fixed number of years.

Question 58

Indeterminate sentences are also known as fixed sentences.

Question 59

The habitual offender statute is a way of selectively incapacitating felons only after they have demonstrated the inability to live by society's rules.

Question 60

Shock probation is typically reserved for chronic offenders.

Question 61

The U.S. Supreme Court ruled that victim impact statements cannot be used for sentencing purposes because they are not objective.

Question 62

A split sentence means that two separate sentences are served at the same time.

Question 63

In addition to saving the states many millions of dollars in jail and prison costs, drug courts appear to be unsuccessful in reducing recidivism.

Question 64

Drug courts have a high rate of recidivism.

Question 65

Drug courts are more cost-effective than traditional courts.

Question 66

The biggest concern with sentencing disparity is racial discrimination.

Question 67

Asian Americans receive harsher sentences on average than whites or African Americans.

Question 68

In 1988, Congress passed the U.S. Sentencing Commission Report, which established a 100-to-1 quantity ratio differential between powder and crack cocaine.

Question 69

The PSI is not an important document in regard to sentencing.

Question 70

In the federal system, probation officers create PSIs.

Question 71

In a PSI, generally officers make sentencing recommendations to the judge.

Question 72

Prior to 1984, federal judges enjoyed almost unlimited sentencing discretion as long as they stayed within the statutory maximum penalties.

Question 73

Sentencing guidelines are mandatory in the federal system.

Question 74

Of four comparison countries stated in the text, Saudi Arabia has the most brutal sentences.

Question 75

What is the definition of justice provided by Aristotle? Apply this notion to a hypothetical situation of your choice.

Question 76

Explain the difference between consecutive and concurrent sentencing.

Question 77

What is a victim impact statement? Do you believe it should be included in the sentencing phase of a trial? Justify your response.

Question 78

What are habitual offender statutes? Do you believe they are appropriate? Why or why not?

Question 79

Compare and contrast a sentence of shock probation and a split sentence. Which would you want if you could choose, and why?

Question 80

Why are drug courts successful in reducing recidivism?