Deck 10: Sentencing
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Deck 10: Sentencing
1
For deterrence to be successful,what goal must it achieve?
A)The offender must have to pay a large fine as part of his or her sentence.
B)The offender must have a job that he or she will lose once they are sentenced.
C)The offender must be sentenced to at least five years in prison.
D)The public must be educated about the sentencing policies and how the criminal justice system works.
A)The offender must have to pay a large fine as part of his or her sentence.
B)The offender must have a job that he or she will lose once they are sentenced.
C)The offender must be sentenced to at least five years in prison.
D)The public must be educated about the sentencing policies and how the criminal justice system works.
D
2
People who feel that we should "lock criminals up and throw away the key" are promoting:
A)rehabilitation.
B)retribution.
C)incapacitation.
D)deterrence.
A)rehabilitation.
B)retribution.
C)incapacitation.
D)deterrence.
C
3
If you are incarcerated and feel that you are being confined illegally,you would file a ________ so that the courts would review the constitutionality of your confinement.
A)civil lawsuit
B)writ of certiorari
C)lawsuit under Section 1983 of the Civil Rights Act
D)habeas corpus petition
A)civil lawsuit
B)writ of certiorari
C)lawsuit under Section 1983 of the Civil Rights Act
D)habeas corpus petition
D
4
The Eighth Amendment protects citizens from:
A)unreasonable search and seizure.
B)self-incrimination.
C)false imprisonment.
D)cruel and unusual punishments.
A)unreasonable search and seizure.
B)self-incrimination.
C)false imprisonment.
D)cruel and unusual punishments.
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5
Which of the following statements is true about the death penalty for juveniles and mentally retarded offenders?
A)Execution of juveniles is unconstitutional,but the execution of mentally retarded offenders is constitutional.
B)The execution of both juveniles and mentally retarded individuals is unconstitutional.
C)Execution of juveniles is constitutional,but the execution of mentally retarded offenders is unconstitutional.
D)The execution of both juveniles and mentally retarded individuals is constitutional.
A)Execution of juveniles is unconstitutional,but the execution of mentally retarded offenders is constitutional.
B)The execution of both juveniles and mentally retarded individuals is unconstitutional.
C)Execution of juveniles is constitutional,but the execution of mentally retarded offenders is unconstitutional.
D)The execution of both juveniles and mentally retarded individuals is constitutional.
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6
The Antiterrorism and Effective Death Penalty Act of 1996 requires that habeas cases be brought within ________ year(s)after a defendant exhausts his or her regular appeals.
A)two
B)five
C)ten
D)one
A)two
B)five
C)ten
D)one
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7
The Latin phrase habeas corpus translates to:
A)dead body.
B)you have the body.
C)bring the body forward.
D)the body belongs to the state.
A)dead body.
B)you have the body.
C)bring the body forward.
D)the body belongs to the state.
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8
A punishment inflicted on a person who "deserves" to be punished achieves the goal of:
A)incapacitation.
B)rehabilitation.
C)retribution.
D)deterrence.
A)incapacitation.
B)rehabilitation.
C)retribution.
D)deterrence.
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9
Frank Smith has been incarcerated in a federal prison for possession of a large amount of cocaine and methamphetamine.He refused plea bargain and insisted that the case go to trial,where he was convicted by a jury.Prior to sentencing,the judge on his case received relevant information about Frank (such as his employment status,mental health status,substance abuse history,and prior criminal record,among other relevant information)from a document filed by a probation officer.This document also included a recommendation of the type and length of sentence that the probation officer thought would be the most appropriate for Frank.Ultimately,the judge sentenced Frank to a period of
36 months in prison with an additional 24 months to be spent on parole upon his release.The above-mentioned document included a possible range of sentences that the judge could choose from.For this crime,the potential sentence range was between 36 and 48 months in prison.This type of model,which requires a judge to choose a sentence from within sentencing guidelines,is referred to as:
A)determinate sentencing model.
B)indeterminate sentencing model.
C)presumptive sentencing model.
D)mandatory sentencing model.
36 months in prison with an additional 24 months to be spent on parole upon his release.The above-mentioned document included a possible range of sentences that the judge could choose from.For this crime,the potential sentence range was between 36 and 48 months in prison.This type of model,which requires a judge to choose a sentence from within sentencing guidelines,is referred to as:
A)determinate sentencing model.
B)indeterminate sentencing model.
C)presumptive sentencing model.
D)mandatory sentencing model.
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10
A sentence that includes drug and alcohol treatment and mental health treatment in an effort to aid an offender in changing his or her life is focused on the goal of:
A)restoration.
B)retribution.
C)reintegration.
D)rehabilitation.
A)restoration.
B)retribution.
C)reintegration.
D)rehabilitation.
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11
Steven Smith was a convicted murderer,who was sentenced to death,and was awaiting his execution at Texas.He was an African American,and his victim was a White.His first simply argued that he is being detained illegally and he wished for the court to either release him or review his case to determine the legality of his confinement.This appeal was successful.As a result of his successful appeal challenging the legality of his confinement,what likely happened to Steven?
A)He was released from prison.
B)He was executed.
C)He received a new trial.
D)His sentence was converted to life in prison.
A)He was released from prison.
B)He was executed.
C)He received a new trial.
D)His sentence was converted to life in prison.
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12
Frank Smith has been incarcerated in a federal prison for possession of a large amount of cocaine and methamphetamine.He refused plea bargain and insisted that the case go to trial,where he was convicted by a jury.Prior to sentencing,the judge on his case received relevant information about Frank (such as his employment status,mental health status,substance abuse history,and prior criminal record,among other relevant information)from a document filed by a probation officer.This document also included a recommendation of the type and length of sentence that the probation officer thought would be the most appropriate for Frank.Ultimately,the judge sentenced Frank to a period of
36 months in prison with an additional 24 months to be spent on parole upon his release.The type of sentence that Frank received (three years)is referred to as a(n):
A)indeterminate sentence.
B)determinate sentence.
C)range sentence.
D)sentencing disparity.
36 months in prison with an additional 24 months to be spent on parole upon his release.The type of sentence that Frank received (three years)is referred to as a(n):
A)indeterminate sentence.
B)determinate sentence.
C)range sentence.
D)sentencing disparity.
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13
A politician who is "tough on crime" to send a message to would-be criminals is promoting:
A)retribution.
B)incapacitation.
C)rehabilitation.
D)deterrence.
A)retribution.
B)incapacitation.
C)rehabilitation.
D)deterrence.
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14
Frank Smith has been incarcerated in a federal prison for possession of a large amount of cocaine and methamphetamine.He refused plea bargain and insisted that the case go to trial,where he was convicted by a jury.Prior to sentencing,the judge on his case received relevant information about Frank (such as his employment status,mental health status,substance abuse history,and prior criminal record,among other relevant information)from a document filed by a probation officer.This document also included a recommendation of the type and length of sentence that the probation officer thought would be the most appropriate for Frank.Ultimately,the judge sentenced Frank to a period of
36 months in prison with an additional 24 months to be spent on parole upon his release.To determine the appropriate and possible sentence for this crime,the judge consulted a document that included the possible sentences for a particular crime based on the seriousness of the current offense,prior record of the offender,and aggravating and mitigating circumstances,called the:
A)sentencing suggestions.
B)statutory regulations.
C)punishment grid.
D)sentencing guidelines.
36 months in prison with an additional 24 months to be spent on parole upon his release.To determine the appropriate and possible sentence for this crime,the judge consulted a document that included the possible sentences for a particular crime based on the seriousness of the current offense,prior record of the offender,and aggravating and mitigating circumstances,called the:
A)sentencing suggestions.
B)statutory regulations.
C)punishment grid.
D)sentencing guidelines.
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15
One of the duties of probation officers is to complete a ________,which contains information that judges use when sentencing defenders.
A)presentence investigation report
B)probation report
C)conviction review
D)sentencing review
A)presentence investigation report
B)probation report
C)conviction review
D)sentencing review
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16
A writ of habeas corpus is a:
A)writ requesting that a new attorney represent the offender.
B)writ requesting a judge determine if a person is being legally detained.
C)writ requesting that an offender be sent for mental treatment instead of being sentenced to jail.
D)judicial order requiring that a judge drop the charges against a defendant.
A)writ requesting that a new attorney represent the offender.
B)writ requesting a judge determine if a person is being legally detained.
C)writ requesting that an offender be sent for mental treatment instead of being sentenced to jail.
D)judicial order requiring that a judge drop the charges against a defendant.
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17
Frank Smith has been incarcerated in a federal prison for possession of a large amount of cocaine and methamphetamine.He refused plea bargain and insisted that the case go to trial,where he was convicted by a jury.Prior to sentencing,the judge on his case received relevant information about Frank (such as his employment status,mental health status,substance abuse history,and prior criminal record,among other relevant information)from a document filed by a probation officer.This document also included a recommendation of the type and length of sentence that the probation officer thought would be the most appropriate for Frank.Ultimately,the judge sentenced Frank to a period of
36 months in prison with an additional 24 months to be spent on parole upon his release.The document that contained relevant information about Frank (employment status,mental health status,and prior criminal record,etc. )that was used by the judge to determine his sentence is called a:
A)offender investigation.
B)presentence investigation report (PSI).
C)sentencing document.
D)conviction report.
36 months in prison with an additional 24 months to be spent on parole upon his release.The document that contained relevant information about Frank (employment status,mental health status,and prior criminal record,etc. )that was used by the judge to determine his sentence is called a:
A)offender investigation.
B)presentence investigation report (PSI).
C)sentencing document.
D)conviction report.
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18
In addition to the presentence investigation report,a judge will also often consider a(n)________ when sentencing an offender.
A)statement by the offenders
B)victim impact statement
C)amicus curiae brief
D)habeas corpus petition
A)statement by the offenders
B)victim impact statement
C)amicus curiae brief
D)habeas corpus petition
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19
Which of the following pieces of information is often included in a presentence investigation (PSI)?
A)A victim impact statement
B)The offender's mental health status
C)The offender's employment history
D)All of these answers are correct.
A)A victim impact statement
B)The offender's mental health status
C)The offender's employment history
D)All of these answers are correct.
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20
You are working for an agency that presents a program to high school students about the dangers of illicit drugs.Your presentation includes information about the possible punishments that could be imposed if the students are caught in possession of or distributing these drugs,in an effort to prevent them from becoming involved with drugs.The type of deterrence this program is focusing on is:
A)absolute.
B)general.
C)specifiC.
D)rational.
A)absolute.
B)general.
C)specifiC.
D)rational.
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21
Which of the following is NOT a goal of sentencing guidelines?
A)Reducing the perceived leniency of federal judges
B)Reducing racial disparity
C)Ensuring equal treatment
D)Saving money by reducing the number of new prison admissions
A)Reducing the perceived leniency of federal judges
B)Reducing racial disparity
C)Ensuring equal treatment
D)Saving money by reducing the number of new prison admissions
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22
Leo Lincoln has made a series of bad decisions since losing his job two years ago.In the past two years,he has been arrested three times for various crimes,including drug possession,possession of illegal firearms,and most recently,aggravated assault.He also has spent much of the past two years either in jail or on probation.At his sentencing hearing after his recent conviction for aggravated assault,the judge sentenced Leo to life in prison as a result of laws in the state of California which call for the doubling of the sentences of felons who have two prior convictions for serious crimes.The California laws that allow judges to double the sentences of felons,like Leo,who have two prior convictions for serious crimes are called:
A)three-strikes laws.
B)attentive laws.
C)recidivist laws.
D)mandatory laws.
A)three-strikes laws.
B)attentive laws.
C)recidivist laws.
D)mandatory laws.
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23
The original federal sentencing guidelines recommended that the possession of 5 grams of crack cocaine brought the same sentence as possession of ________ grams of powder cocaine.
A)600
B)500
C)1,000
D)1,500
A)600
B)500
C)1,000
D)1,500
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24
The U.S.Supreme Court case of ________ held that federal sentencing guidelines are no longer mandatory and that appeals courts can review sentences to determine whether they are reasonable.
A)Miranda v.Arizona
B)Mapp v.Ohio
C)U.S.v.Booker
D)Furman v.Georgia
A)Miranda v.Arizona
B)Mapp v.Ohio
C)U.S.v.Booker
D)Furman v.Georgia
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25
Many states require judges to sentence certain offenders (often drug offenders or those who use a firearm in the commission of their crime)to a specific minimum sentence,referred to as a(n):
A)presumptive sentence.
B)indeterminate sentence.
C)statutory minimum sentence.
D)determinate sentence.
A)presumptive sentence.
B)indeterminate sentence.
C)statutory minimum sentence.
D)determinate sentence.
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26
Robert Morris is a convicted murderer housed in a state prison.Since his conviction ten years ago,he has been transferred three different times.Each time he gets transferred,he must learn both the formal and informal rules of the new prison.One of his observations is that each prison seems to focus on a different goal of punishment.His first prison,New York State Prison (NYSP),provided Robert with the opportunity to finish his GED and take college courses as well as participate in many different programs,including anger management classes and substance abuse programs.The second prison,East New York Penitentiary (ENYP),did not provide Robert the opportunity to participate in any of the programs offered at NYSP.In this prison,Robert did little more than sit in his cell.He felt that he was simply being warehoused in the prison with no opportunities for change.Eventually,Robert was moved across the state to West New York Penitentiary (WNYP),where once again,the focus of the prison changed.The corrections officers and administration at WNYP seemed to be focused on making the inmates' time in prison as difficult as it could be.The conditions were harsh and often unsanitary,and the corrections officers often verbally abused the inmates.WNYP employees found pride in trying to prevent the inmates' return to prison by making the conditions unbearable.Finally,Robert is now at Central New York Penitentiary (CNYP),where he is currently housed.At CNYP,there is a significant focus on the victims of crime,and inmates must participate in victim awareness classes.The employees at CNYP often focus on making it clear to the inmates that they are in prison because they deserve to be there,based on the harm that they caused to the victim and the victim's family.Robert's last prison,CNYP,was likely focused on the ________ goal of sentencing.
A)rehabilitation
B)deterrence
C)incapacitation
D)retribution
A)rehabilitation
B)deterrence
C)incapacitation
D)retribution
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27
Leo Lincoln has made a series of bad decisions since losing his job two years ago.In the past two years,he has been arrested three times for various crimes,including drug possession,possession of illegal firearms,and most recently,aggravated assault.He also has spent much of the past two years either in jail or on probation.At his sentencing hearing after his recent conviction for aggravated assault,the judge sentenced Leo to life in prison based on the result of laws in the state of California,which call for the doubling of the sentences of felons who have two prior convictions for serious crimes.Collectively,laws created to sentence repeat offenders like Leo to lengthy prison terms are referred to as:
A)mandatory sentencing laws.
B)truth-in-sentencing laws.
C)preventive detention laws.
D)Rockefeller drug laws.
A)mandatory sentencing laws.
B)truth-in-sentencing laws.
C)preventive detention laws.
D)Rockefeller drug laws.
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28
Research from Pennsylvania that examined sentences during periods with and without sentencing guidelines has found that female offenders:
A)receive harsher sentences than male offenders.
B)receive more lenient sentences than male offenders.
C)receive sentences that are equal to those for male offenders.
D)are hardly ever sentenced to prison.
A)receive harsher sentences than male offenders.
B)receive more lenient sentences than male offenders.
C)receive sentences that are equal to those for male offenders.
D)are hardly ever sentenced to prison.
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29
Studies have found that ________ have received harsher sentences than Whites for similar crimes.
A)juveniles
B)females
C)males
D)Blacks
A)juveniles
B)females
C)males
D)Blacks
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30
Frank Smith has been incarcerated in a federal prison for possession of a large amount of cocaine and methamphetamine.He refused plea bargain and insisted that the case go to trial,where he was convicted by a jury.Prior to sentencing,the judge on his case received relevant information about Frank (such as his employment status,mental health status,substance abuse history,and prior criminal record,among other relevant information)from a document filed by a probation officer.This document also included a recommendation of the type and length of sentence that the probation officer thought would be the most appropriate for Frank.Ultimately,the judge sentenced Frank to a period of
36 months in prison with an additional 24 months to be spent on parole upon his release.If the judge had sentenced Frank to a range of time,for example 24 to 36 months in prison,rather than a specific number of months,he would have given him a(n):
A)good time credit.
B)presumptive determinate sentence.
C)determinate sentence.
D)indeterminate sentence.
36 months in prison with an additional 24 months to be spent on parole upon his release.If the judge had sentenced Frank to a range of time,for example 24 to 36 months in prison,rather than a specific number of months,he would have given him a(n):
A)good time credit.
B)presumptive determinate sentence.
C)determinate sentence.
D)indeterminate sentence.
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31
A ________ is an offender who has been previously convicted of crimes.
A)deterrence
B)battery
C)recidivist
D)retribution
A)deterrence
B)battery
C)recidivist
D)retribution
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32
________ focuses on convincing other members of society that they should not commit crimes either.
A)Specific deterrence
B)Absolute deterrence
C)General deterrence
D)Basic deterrence
A)Specific deterrence
B)Absolute deterrence
C)General deterrence
D)Basic deterrence
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33
________ is NOT a goal of sentencing.
A)Due process
B)Incapacitation
C)Retribution
D)Deterrence
A)Due process
B)Incapacitation
C)Retribution
D)Deterrence
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34
Recently,the U.S.Supreme Court has revisited the sentencing recommendations for offenders convicted of possession of crack cocaine and powder cocaine and ruled that:
A)the sentences should favor the Blacks more than the Whites.
B)the sentences should be harsher.
C)the sentences are fair.
D)judges may use their discretion to sentence a crack cocaine offender to less than the recommended sentence.
A)the sentences should favor the Blacks more than the Whites.
B)the sentences should be harsher.
C)the sentences are fair.
D)judges may use their discretion to sentence a crack cocaine offender to less than the recommended sentence.
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35
Since the 1980s,________ sentences have become much more common than they were in the past.
A)suspended
B)indeterminate
C)mandatory
D)determinate
A)suspended
B)indeterminate
C)mandatory
D)determinate
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36
Surveys of prison inmates show that offenders who had been under the influence of ________ when they committed their crimes were more likely to be incarcerated for violent offenses.
A)alcohol
B)crack cocaine
C)powder cocaine
D)all of these
A)alcohol
B)crack cocaine
C)powder cocaine
D)all of these
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37
Robert Morris is a convicted murderer housed in a state prison.Since his conviction ten years ago,he has been transferred three different times.Each time he gets transferred,he must learn both the formal and informal rules of the new prison.One of his observations is that each prison seems to focus on a different goal of punishment.His first prison,New York State Prison (NYSP),provided Robert with the opportunity to finish his GED and take college courses as well as participate in many different programs including anger management classes and substance abuse programs.The second prison,East New York Penitentiary (ENYP),did not provide Robert the opportunity to participate in any of the programs offered at NYSP.In this prison,Robert did little more than sit in his cell.He felt that he was simply being warehoused in the prison with no opportunities for change.Eventually,Robert was moved across the state to West New York Penitentiary (WNYP),where once again the focus of the prison changed.The corrections officers and administration at WNYP seemed to be focused on making the inmates' time in prison as difficult as it could be.The conditions were harsh and often unsanitary,and the corrections officers often verbally abused the inmates.WNYP employees found pride in trying to prevent the inmates' return to prison by making the conditions unbearable.Finally,Robert is now at Central New York Penitentiary (CNYP),where he is currently housed.At CNYP,there is a significant focus on the victims of crime,and inmates must participate in victim awareness classes.The employees at CNYP often focus on making it clear to the inmates that they are in prison because they deserve to be there,based on the harm that they caused to the victim and the victim's family.The NYSP,the first prison Robert was housed at,focused on ________ as the primary goal of sentencing.
A)retribution
B)incapacitation
C)deterrence
D)rehabilitation
A)retribution
B)incapacitation
C)deterrence
D)rehabilitation
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38
Robert Morris is a convicted murderer housed in a state prison.Since his conviction ten years ago,he has been transferred three different times.Each time he gets transferred,he must learn both the formal and informal rules of the new prison.One of his observations is that each prison seems to focus on a different goal of punishment.His first prison,New York State Prison (NYSP),provided Robert with the opportunity to finish his GED and take college courses as well as participate in many different programs including anger management classes and substance abuse programs.The second prison,East New York Penitentiary (ENYP),did not provide Robert the opportunity to participate in any of the programs offered at NYSP.In this prison,Robert did little more than sit in his cell.He felt that he was simply being warehoused in the prison with no opportunities for change.Eventually,Robert was moved across the state to West New York Penitentiary (WNYP),where once again,the focus of the prison changed.The corrections officers and administration at WNYP seemed to be focused on making the inmates' time in prison as difficult as it could be.The conditions were harsh and often unsanitary,and the corrections officers often verbally abused the inmates.WNYP employees found pride in trying to prevent the inmates' return to prison by making the conditions unbearable.Finally,Robert is now at Central New York Penitentiary (CNYP),where he is currently housed.At CNYP,there is a significant focus on the victims of crime,and inmates must participate in victim awareness classes.The employees at CNYP often focus on making it clear to the inmates that they are in prison because they deserve to be there,based on the harm that they caused to the victim and the victim's family.At ENYP,the focus was likely on:
A)rehabilitation.
B)retribution.
C)deterrence.
D)incapacitation.
A)rehabilitation.
B)retribution.
C)deterrence.
D)incapacitation.
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39
Robert Morris is a convicted murderer housed in a state prison.Since his conviction ten years ago,he has been transferred three different times.Each time he gets transferred,he must learn both the formal and informal rules of the new prison.One of his observations is that each prison seems to focus on a different goal of punishment.His first prison,New York State Prison (NYSP),provided Robert with the opportunity to finish his GED and take college courses as well as participate in many different programs including anger management classes and substance abuse programs.The second prison,East New York Penitentiary (ENYP),did not provide Robert the opportunity to participate in any of the programs offered at NYSP.In this prison,Robert did little more than sit in his cell.He felt that he was simply being warehoused in the prison with no opportunities for change.Eventually,Robert was moved across the state to West New York Penitentiary (WNYP),where once again,the focus of the prison changed.The corrections officers and administration at WNYP seemed to be focused on making the inmates' time in prison as difficult as it could be.The conditions were harsh and often unsanitary,and the corrections officers often verbally abused the inmates.WNYP employees found pride in trying to prevent the inmates' return to prison by making the conditions unbearable.Finally,Robert is now at Central New York Penitentiary (CNYP),where he is currently housed.At CNYP,there is a significant focus on the victims of crime,and inmates must participate in victim awareness classes.The employees at CNYP often focus on making it clear to the inmates that they are in prison because they deserve to be there,based on the harm that they caused to the victim and the victim's family.At WNYP,it seems as though the employees were focused on:
A)rehabilitation.
B)retribution.
C)deterrence.
D)incapacitation.
A)rehabilitation.
B)retribution.
C)deterrence.
D)incapacitation.
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40
The two types of deterrence are ________.
A)absolute and general
B)general and specific
C)absolute and specific
D)general and determinate
A)absolute and general
B)general and specific
C)absolute and specific
D)general and determinate
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41
In the case of Furman v.Georgia,the U.S.Supreme Court held that:
A)states must have a two-stage trial for death penalty cases.
B)lethal injection was unconstitutional.
C)execution of juveniles was unconstitutional.
D)the death penalty was unconstitutional.
A)states must have a two-stage trial for death penalty cases.
B)lethal injection was unconstitutional.
C)execution of juveniles was unconstitutional.
D)the death penalty was unconstitutional.
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42
After the Supreme Court ruled in the 1970s that the death penalty was unconstitutional based on the way that most state statutes were written,most states re-wrote their death penalty statutes to include a ________,where there was one phase of a trial to decide guilt or innocence and one phase of a trial to decide the punishment.
A)incapacitation clause
B)three-phase trial
C)bifurcated proceeding
D)due process clause
A)incapacitation clause
B)three-phase trial
C)bifurcated proceeding
D)due process clause
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43
Baze v.Rees held that ________ is a constitutional method of execution.
A)firing squad
B)lethal injection
C)electrocution
D)hanging
A)firing squad
B)lethal injection
C)electrocution
D)hanging
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44
As a result of the holding in Furman v.Georgia,over 600 inmates on death row:
A)were executed.
B)were released from prison.
C)received a commutation of their sentence to life in prison.
D)were released on parole.
A)were executed.
B)were released from prison.
C)received a commutation of their sentence to life in prison.
D)were released on parole.
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45
Which organization pushed for a moratorium on the death penalty worldwide?
A)The United Nations (UN)
B)The Drug Enforcement Administration (DEA)
C)The National Security Agency (NSA)
D)The Federal Bureau of Investigation (FBI)
A)The United Nations (UN)
B)The Drug Enforcement Administration (DEA)
C)The National Security Agency (NSA)
D)The Federal Bureau of Investigation (FBI)
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46
If you were sentenced to death and you wished to appeal your situation based on the holding in McCleskey v.Kemp,you would have to show that:
A)there are racial disparities in the criminal justice system.
B)your opposition is legally strong.
C)your attorney was ineffective.
D)you were discriminated against because of your race.
A)there are racial disparities in the criminal justice system.
B)your opposition is legally strong.
C)your attorney was ineffective.
D)you were discriminated against because of your race.
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47
What has research found concerning California's three-strikes policy?
A)California's three-strikes laws have played only a minimal role in the state's declining crime rate.
B)Crime rates in California have increased since the law was enacted.
C)The three strikes laws are more often applied to women.
D)Crime rates have decreased since the law was enacteD.
A)California's three-strikes laws have played only a minimal role in the state's declining crime rate.
B)Crime rates in California have increased since the law was enacted.
C)The three strikes laws are more often applied to women.
D)Crime rates have decreased since the law was enacteD.
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48
Steven Smith is a convicted murderer,sentenced to death and awaiting his execution in Texas.He is an African American,and his victim was a White.His first appeal simply argues that he is being detained illegally and he wishes for the court to either release him or review his case to determine the legality of his confinement.He feels that he has been convicted and sentenced to death unfairly because he had inadequate legal counsel.This appeal is subsequently denied,and he begins work on another appeal.His second appeal is based on the U.S.Supreme Court decision in McCleskey v.Kemp but is unsuccessful in getting his conviction overturned.When his appeal is denied,he begins to work on another appeal,this time arguing that the method by which he is to be executed,lethal injection,is unconstitutional.Ultimately,this appeal is also denied.Finally,Steven exhausts all of his appeals and is scheduled to be executed.If Steven is appealing his death sentence based on the decision in McCleskey v.Kemp,what argument is he most likely making?
A)He is discriminated against because of his race.
B)He is being discriminated against because of his age.
C)He is being discriminated against because of his gender.
D)His conviction is improper because he did not have adequate legal counsel during his trial.
A)He is discriminated against because of his race.
B)He is being discriminated against because of his age.
C)He is being discriminated against because of his gender.
D)His conviction is improper because he did not have adequate legal counsel during his trial.
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49
Instead of execution,death row inmates are more likely to ________.
A)die from natural causes
B)commit suicide
C)have their case overturned
D)face all of these
A)die from natural causes
B)commit suicide
C)have their case overturned
D)face all of these
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50
Evidence that an offender is the victim of abuse,has a mental illness,or is a first-time offender are examples of:
A)legal factors.
B)sentencing guidelines.
C)mitigating factors.
D)aggravating factors.
A)legal factors.
B)sentencing guidelines.
C)mitigating factors.
D)aggravating factors.
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51
In the case of ________,the U.S.Supreme Court held that the specific laws determining how the death penalty would be administered were unconstitutional.
A)Coker v.Georgia
B)Furman v.Georgia
C)In re Kemmler
D)Gregg v.Georgia
A)Coker v.Georgia
B)Furman v.Georgia
C)In re Kemmler
D)Gregg v.Georgia
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52
When it comes to supporting life sentences without parole and death penalties,U.S.citizens:
A)favor life senteces without parole.
B)are widely in favor of the death penalty.
C)favor both of them equally.
D)do not favor either one of them.
A)favor life senteces without parole.
B)are widely in favor of the death penalty.
C)favor both of them equally.
D)do not favor either one of them.
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53
Across the United States,most inmate executions have taken place in the:
A)Northeast.
B)West.
C)South.
D)Northwest.
A)Northeast.
B)West.
C)South.
D)Northwest.
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54
In 2014,juries sentenced ________ offenders to death.
A)over 600
B)over 1,000
C)under 100
D)over 500
A)over 600
B)over 1,000
C)under 100
D)over 500
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55
An especially heinous murder would be an example of a(n):
A)extralegal factor.
B)mitigating factor.
C)sentencing guideline.
D)aggravating factor.
A)extralegal factor.
B)mitigating factor.
C)sentencing guideline.
D)aggravating factor.
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56
Leo Lincoln has made a series of bad decisions since losing his job two years ago.In the past two years,he has been arrested three times for various crimes,including drug possession,possession of illegal firearms,and most recently,aggravated assault.He also has spent much of the past two years either in jail or on probation.At his sentencing hearing after his recent conviction for aggravated assault,the judge sentenced Leo to life in prison as a result of laws in the state of California which call for the doubling of the sentences of felons who have two prior convictions for serious crimes.Laws that incarcerate habitual offenders like Leo for lengthy periods of time are based on the premise that:
A)it will cost less to house them in prison than arrest and prosecute them each time they commit a crime.
B)these offenders will be more useful in prison because they can work in a prison joB.
C)these offenders cannot conform to the laws of society and they should be incarcerated for a long period of time.
D)they will only change their behavior if they are incarcerated for a long period of time.
A)it will cost less to house them in prison than arrest and prosecute them each time they commit a crime.
B)these offenders will be more useful in prison because they can work in a prison joB.
C)these offenders cannot conform to the laws of society and they should be incarcerated for a long period of time.
D)they will only change their behavior if they are incarcerated for a long period of time.
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57
The U.S.Supreme Court case of Gregg v.Georgia held that:
A)the death penalty was unconstitutional.
B)the electric chair was unconstitutional.
C)using the new two-stage procedure for death penalty cases was constitutional.
D)execution of the mentally retarded was unconstitutional.
A)the death penalty was unconstitutional.
B)the electric chair was unconstitutional.
C)using the new two-stage procedure for death penalty cases was constitutional.
D)execution of the mentally retarded was unconstitutional.
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58
Research has found that habitual offender laws are more often applied to:
A)racial and ethnic minorities.
B)drug offenders.
C)Whites.
D)violent offenders.
A)racial and ethnic minorities.
B)drug offenders.
C)Whites.
D)violent offenders.
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59
________ was the first state to use lethal injection as an execution method (in 1982).
A)Oklahoma
B)Florida
C)Louisiana
D)Texas
A)Oklahoma
B)Florida
C)Louisiana
D)Texas
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60
After the Supreme Court case of Gregg v.Georgia,most states:
A)rewrote their death penalty statutes.
B)began using the electric chair.
C)abolished the death penalty.
D)resumed executing offenders.
A)rewrote their death penalty statutes.
B)began using the electric chair.
C)abolished the death penalty.
D)resumed executing offenders.
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61
Which of the following individuals is most likely to be a part of a jury in a death penalty case?
A)Conservative White males
B)Liberal White women
C)Conservative Black males
D)Liberal Black women
A)Conservative White males
B)Liberal White women
C)Conservative Black males
D)Liberal Black women
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62
Steven Smith is a convicted murderer,sentenced to death,and awaiting his execution on death row in Texas.He is an African American,and his victim was a White.His first appeal simply argues that he is being detained illegally and he wishes for the court to either release him or review his case to determine the legality of his confinement.He feels that he has been convicted and sentenced to death unfairly because he had inadequate legal counsel.This appeal is subsequently denied,and he begins work on another appeal.His second appeal is based on the Supreme Court decision in McCleskey v.Kemp,but is unsuccessful in getting his conviction overturned.When his appeal is denied,he begins to work on another appeal,this time arguing that the method by which he is to be executed,lethal injection,is unconstitutional.Ultimately,this appeal is also denied.Finally,Steven exhausts all of his appeals and is scheduled to be executed.Which legal document did Steven likely file in his first appeal?
A)Presentence investigation
B)Writ of habeas corpus
C)Amicus curiae brief
D)Writ of certiorari
A)Presentence investigation
B)Writ of habeas corpus
C)Amicus curiae brief
D)Writ of certiorari
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63
Steven Smith is a convicted murderer,sentenced to death,and awaiting his execution in Texas.He is an African American,and his victim was a White.His first appeal simply argues that he is being detained illegally and he wishes for the court to either release him or review his case to determine the legality of his confinement.He feels that he has been convicted and sentenced to death unfairly because he had inadequate legal counsel.This appeal is subsequently denied,and he begins work on another appeal.His second appeal is based on the Supreme Court decision in McCleskey v.Kemp but is unsuccessful in getting his conviction overturned.When his appeal is denied,he begins to work on another appeal,this time arguing that the method by which he is to be executed,lethal injection,is unconstitutional.Ultimately,this appeal is also denied.Finally,Steven exhausts all of his appeals and is scheduled to be executed.Steven's second appeal,based on the method of execution to be used,was also denied because lethal injection has not been found to be cruel and unusual.Which of the following U.S.Supreme Court case is most likely to have been cited in the denial of this last appeal?
A)Gregg v.Georgia
B)Coker v.Georgia
C)Baze v.Rees
D)Furman v.Georgia
A)Gregg v.Georgia
B)Coker v.Georgia
C)Baze v.Rees
D)Furman v.Georgia
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64
________ are disproportionately represented on death row.
A)Whites
B)Blacks
C)Hispanics
D)Asians
A)Whites
B)Blacks
C)Hispanics
D)Asians
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65
Death row inmates are least likely to be:
A)married.
B)educated.
C)females.
D)of high socioeconomic status.
A)married.
B)educated.
C)females.
D)of high socioeconomic status.
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66
Which of the following statements is true about executing offenders?
A)It costs approximately the same to execute offenders and house them in prison for life.
B)It is more expensive to execute offenders than to house them in prison for life.
C)It is cheaper to execute offenders than house them in prison for life.
D)None of these answers are correct.
A)It costs approximately the same to execute offenders and house them in prison for life.
B)It is more expensive to execute offenders than to house them in prison for life.
C)It is cheaper to execute offenders than house them in prison for life.
D)None of these answers are correct.
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