Deck 15: Punishments

Question 1

The Auburn system of prisons:

A) segregates prisoners based upon the length of their sentence.
B) segregates prisoners based upon the nature of their crimes and sentences.
C) segregates prisoners based upon criminal conduct and behavior while in custody.
D) segregates prisoners based upon length of sentence, nature of the crime, and behavior while in custody.

Answer 1

segregates prisoners based upon criminal conduct and behavior while in custody.

Question 2

Sentencing is:

A) the formal pronouncement by a judge of time to be served.
B) the process by which a judge imposes punishment on a person convicted of a crime or crimes.
C) the process by which a person convicted of a crime or crimes is punished.
D) the same as punishment.

Answer 2

the process by which a judge imposes punishment on a person convicted of a crime or crimes.

Question 3

The most commonly accepted rationales for sentencing include:

A) deterrence, diversion, retribution, revenge, rehabilitation, and incapacitation.
B) diversion, retribution, rehabilitation, punishment, incapacitation, and deterrence.
C) retribution, punishment, and incapacitation.
D) deterrence, rehabilitation, retribution, diversion, and incapacitation.

Answer 3

deterrence, rehabilitation, retribution, diversion, and incapacitation.

Question 4

In United States v. Grayson, the U.S. Supreme Court held:

A) there is no protected right to commit perjury and the sentencing judge could consider the defendant's truthfulness or lack thereof in imposing a sentence.
B) there is no protected right to engage in consensual sodomy between adult homosexuals.
C) the First Amendment does not protect obscenity.
D) there is a due process right to be confronted by witnesses who testify against the defendant.

Question 5

The most common types of sentences are:

A) indeterminate, determinate, and proportionate.
B) proportionate, presumptive, and indeterminate.
C) presumptive, indeterminate, and determinate.
D) proportionate, indeterminate, determinate, and presumptive.

Question 6

The theory on which probation is based is:

A) to impose some degree of control over the offender and to utilize community based programs to effect rehabilitation.
B) to serve as a deterrent to other offenders.
C) that a majority of offenders do not need time in prison or jail.
D) Both A and C.

Question 7

Restitution is:

A) the reimbursement of victims of crimes by the defendant.
B) payments to the court by the defendant.
C) money paid to the victim by the state.
D) Both A and C.

Question 8

The key element in imposing the death penalty as a punishment is the jury's consideration of:

A) aggravating or mitigating circumstances.
B) an especially heinous offense.
C) the intentional death of another person.
D) the victim's life and family.

Question 9

The guiding force behind the dispensing of justice and the imposition of punishment is:

A) The Bill of Rights.
B) The Presiding Judge.
C) The Constitution.
D) Victim's Rights.

Question 10

The Auburn system of imprisonment was developed in:

A) New York.
B) Massachusetts.
C) Pennsylvania.
D) Alabama.

Question 11

This form of sentencing seeks to guide offenders away from more severe forms of punishment.

A) Rehabilitation.
B) Incapacitation.
C) Retribution.
D) Diversion.

Question 12

The Fourteenth Amendment does not:

A) Restore equality in sentencing.
B) Mandate all individuals receive due process.
C) Allow equal protection of the law.
D) Provide relief from cruel and unusual punishment.

Question 13

What is not a potential result of prison overcrowding?

A) Eighth Amendment violation lawsuits.
B) Additional taxpayer spending on building new facilities.
C) Swifter execution of the death penalty.
D) Early release of inmates.

Question 14

What is an advantage of plea bargaining?

A) It solves court system overcrowding.
B) It is an answer to an economic issue.
C) It allows criminals to escape mandated punishment.
D) Both A and C.

Question 15

What organization determines sentencing guidelines in federal cases?

A) Federal Sentencing Alliance.
B) U.S. Sentencing Commission.
C) Federal common law.
D) Federal Judiciary Board.

Question 16

A jail is:

A) A permanent facility for serious criminals.
B) An institution for less serious offenders.
C) An institution for those accused of felonies.
D) Usually staffed by correctional facility employees, whether public or private.

Question 17

Restitution involves

A) payment of fines to the court.
B) payment of court costs.
C) payment to the victim
D) payment of jail expenses

Question 18

Proportionality has been interpreted by courts to mean that a sentence imposing punishment must be proportionate to the offense.

Question 19

A concurrent sentence is one where one of two or more sentences is to be served after the completion of the other sentence.

Question 20

A consecutive sentence is one where one of two or more sentences is to be served after the completion of the other sentence.

Question 21

The Auburn system of imprisonment classifies prisoners based upon their crime.

Question 22

A determinate sentence establishes a specific amount of time the offender will serve in prison.

Question 23

Due Process is a constitutional guarantee of fairness in legal proceedings.

Question 24

Equal Protection is an element of constitutionally guaranteed due process that ensures all persons be treated the same, without regard to race, creed, color, or sex.

Question 25

A fine seeks to make the victim whole by requiring the offender to pay money to the victim, for the consequences of the crime.

Question 26

The goal of incapacitation is to remove the offender from society, and prevent them from continuing their criminal activity.

Question 27

A presumptive sentence establishes a minimum and maximum sentence, and a fixed point within that range that is the usual or presumed sentence.

Question 28

A suspended sentence is a sentence that is suspended by the court on the condition the offender satisfies certain terms and conditions of probation.

Question 29

The Death Penalty, as a punishment, has been found to be both constitutional and unconstitutional.

Question 30

Deterrence is the concept that if the offender's crime-committing propensity is reduced, release from confinement will be more acceptable to society.

Question 31

Proportionality provides for a more severe punishment than the crime itself, if the judge feels it is necessary.

Question 32

The Eighth Amendment does not apply to penal living conditions.

Question 33

Indeterminate sentences allow for the parole board to ultimately control the length of a sentence.

Question 34

Probation and parole are the only alternatives to incarceration.

Question 35

During the feudal period, when medieval lords ruled over large tracts of land and many peasants, the __ of land and property became the accepted method of punishing a wrongdoer.

Question 36

The __ System of prisons was established in New York.

Question 37

The ___ Amendment prevents excessive punishment as well as any form of punishment that may be deemed cruel and unusual.

Question 38

___ negotiations is an accepted practice in state and federal courts.

Question 39

A __ sentence imposes a threat of incarceration upon the offender if he fails to abide by the terms and conditions in the court order.

Question 40

Restitution is the reimbursement of __ of crimes.

Question 41

The majority of states authorize execution by lethal ___.

Question 42

The U.S. Supreme Court in ___ v. Simmons held that it was unconstitutional to impose the death penalty on offenders who were under the age of 18 when the committed their crime.

Question 43

U.S. Supreme Court has clearly stated that, if certain procedural safeguards are followed, the death penalty is not a violation of the ___ Amendment's prohibition against cruel and unusual punishment..

Question 44

A victim may sue an offender in __ court for damages.

Question 45

___ is the release of a convicted offender back into society under the supervision of an agent of the court.

Question 46

Presumptive sentencing establishes a minimum and maximum sentence and a fixed point within that range that is the usual or ___ sentence for a certain class of crimes.

Question 47

Prison overcrowding is a form of __ and unusual punishment.

Question 48

Specific __ attempts to prevent a particular defendant from committing future crimes.

Question 49

The most commonly accepted purposes of sentencing involve either one or a combination of the following rationales: deterrence, ___ , restraint, retribution, and diversion.

Question 50

Match words with associated meaning, concepts, issues or principles

-The biblical saying "an eye for an eye, a tooth for a tooth."

A) diversion
B) rehabilitation
C) prisons
D) retribution
E) deterrence
F) due process
G) equal protection
H) proportionality
I) plea bargain
J) jails

Question 51

Match words with associated meaning, concepts, issues or principles

-The principle that a person may not be deprived of life, liberty, or property without lawful procedures

A) diversion
B) rehabilitation
C) prisons
D) retribution
E) deterrence
F) due process
G) equal protection
H) proportionality
I) plea bargain
J) jails

Question 52

Match words with associated meaning, concepts, issues or principles

-Theory of punishment that diverts offenders from more severe forms of punishment if they agree to attend counseling or educational programs.

A) diversion
B) rehabilitation
C) prisons
D) retribution
E) deterrence
F) due process
G) equal protection
H) proportionality
I) plea bargain
J) jails

Question 53

Match words with associated meaning, concepts, issues or principles

-Where individuals are held pending trial.

A) diversion
B) rehabilitation
C) prisons
D) retribution
E) deterrence
F) due process
G) equal protection
H) proportionality
I) plea bargain
J) jails

Question 54

Match words with associated meaning, concepts, issues or principles

-An agreement between state and defendant.

A) diversion
B) rehabilitation
C) prisons
D) retribution
E) deterrence
F) due process
G) equal protection
H) proportionality
I) plea bargain
J) jails

Question 55

Match words with associated meaning, concepts, issues or principles

-The removal of the offender from society.

A) diversion
B) rehabilitation
C) prisons
D) retribution
E) deterrence
F) due process
G) equal protection
H) proportionality
I) plea bargain
J) jails

Question 56

Match words with associated meaning, concepts, issues or principles

-Place where prisoners are confined for long term.

A) diversion
B) rehabilitation
C) prisons
D) retribution
E) deterrence
F) due process
G) equal protection
H) proportionality
I) plea bargain
J) jails

Question 57

Match words with associated meaning, concepts, issues or principles

-The principle that all persons are entitled to the same treatment under the law.

A) diversion
B) rehabilitation
C) prisons
D) retribution
E) deterrence
F) due process
G) equal protection
H) proportionality
I) plea bargain
J) jails

Question 58

Match words with associated meaning, concepts, issues or principles

-A sentence imposing punishment must be proportionate to the offense.

A) diversion
B) rehabilitation
C) prisons
D) retribution
E) deterrence
F) due process
G) equal protection
H) proportionality
I) plea bargain
J) jails

Question 59

Match words with associated meaning, concepts, issues or principles

-A criminal sanction will convince others that they should not commit crimes because they could be punished

A) diversion
B) rehabilitation
C) prisons
D) retribution
E) deterrence
F) due process
G) equal protection
H) proportionality
I) plea bargain
J) jails

Question 60

Explain the use of family vengeance as punishment.

Question 61

Explain the concept of rehabilitation as a form of punishment.

Question 62

What are the three main types of sentences?

Question 63

Explain what constitutes a determinate sentence.

Question 64

What actions may a victim take to receive payment for his or her damages?

Question 65

Explain the Court's holding in Furman v. Georgia.

Question 66

What was the key point in the Supreme Court case of Roper v. Simmons?

Question 67

Explain the importance of the McLesky v. Kemp case.

Question 68

What are the guidelines for determining if a sentence is proportionate to the crime?

Question 69

One of the terrorists who participated in the 9/11 attacks in the United States is tried and convicted in a U.S. criminal court. The prosecutor argues for a sentence based on retribution. What points should she use in her argument?

Question 70

Explain the changing positions on the constitutionality of the death penalty by the U.S. Supreme Court.