Deck 3: Sentencing and Criminal Sanctions

Question 1

The idea that punishment should fit the crime is embodied in the concept of:

A) proportionality
B) equality
C) rehabilitation
D) restitution

Answer 1

A

Question 2

Who bears the burden of proof in criminal cases in the United States?

A) the prosecutor
B) the judge
C) the defense attorney
D) the jury

Answer 2

A

Question 3

The level of proof necessary to secure a conviction in criminal cases in the United States is:

A) by clear and convincing evidence
B) beyond a reasonable doubt
C) on the preponderance of the evidence
D) beyond any doubt

Answer 3

B

Question 4

Increasing incarceration rates and longer prison sentences have resulted in what might be termed:

A) restorative justice
B) higher crime rates
C) mass probation
D) mass incarceration

Question 5

In most courts in the United States plea bargaining occurs in about ______ of all cases.

A) 10%
B) 36%
C) 95%
D) 100%

Question 6

The most serious offenses (typically calling for a prison sentence of one year or more) are labeled:

A) felonies
B) misdemeanors
C) petty misdemeanors
D) infractions

Question 7

Based on the description in the book, the most powerful actors in the criminal justice system are the:

A) judges
B) prosecuting attorneys
C) sheriffs
D) defense attorneys

Question 8

Who serves as "triers of fact" in most serious criminal cases?

A) the judge
B) the jury
C) the prosecuting attorney
D) the legislature

Question 9

A court-ordered period of correctional supervision in the community defines:

A) restorative justice
B) just deserts
C) parole
D) probation

Question 10

At the most basic level, __________ decide which offenses are misdemeanors and which are felonies.

A) judges
B) prosecutors
C) legislatures
D) defendants

Question 11

In the 1960s Herbert Packer characterized the criminal justice system's handling of minor cases in the United States as:

A) an assembly line
B) a sporting event
C) a tug-of-war
D) mass confusion

Question 12

Any punishment that is more severe than standard probation but less severe than imprisonment could be labeled:

A) deferred sanctions
B) indefinite sanctions
C) intermediate sanctions
D) indeterminate sanctions

Question 13

At the end of 2018 approximately how many people were on death rows in the United States?

A) 150
B) 2,700
C) 6,600
D) over 10,000

Question 14

The decision between imposing consecutive sentences and concurrent sentences is the responsibility of the:

A) judge
B) prosecuting attorney
C) grand jury
D) legislature

Question 15

What a case is "worth" in terms of the punishment deserved (as determined by the courtroom work group) describes what is known as:

A) the presumption of innocence
B) time-and-tide
C) inherent value
D) the going rate

Question 16

Substantive law defines behaviors that constitute criminal offenses.

Question 17

Mandatory minimum sentences are designed to limit the discretion of prosecutors.

Question 18

Truth-in-sentencing laws require convicted offenders to serve 50% of their sentences.

Question 19

The vast majority of criminal cases in the United States are resolved through jury trials.

Question 20

Fines are a relatively old form of criminal punishment.

Question 21

Law enforcement agencies can seize cash or property that was associated with criminal activity.

Question 22

Since the mid-1990s the number of executed offenders has been increasing.

Question 23

Judges, prosecutors, and defense attorneys are collectively known as the courtroom work group.

Question 24

Under writs of habeas corpus state authorities are required to justify the basis of an individual's conviction.

Question 25

A sentence within a range specified by a minimum and maximum term is considered a determinate sentence.

Question 26

Define, describe, and explain substantive law and procedural law. What is each designed to do?

Question 27

Discuss the differences between felonies and misdemeanors. Who decides which category offenses fit into? How similarly are these cases handled?

Question 28

What do we mean by intermediate sanctions? What do we hope to achieve by using such sanctions? Give some examples of these punishments.

Question 29

What are the differences between indeterminate sentences and determinate sentences? Who determines which sentencing scheme is in operation? What does each approach hope to achieve?

Question 30

Define, describe, and explain sentencing guidelines. What are these guidelines designed to achieve? In terms of actors in the criminal justice system, who gains power and who loses power under guided sentencing systems?