Question 1

Briefly discuss how determinate sentencing leaves prosecutorial discretion virtually untouched.

Accepted Answer

Determinate sentencing refers to a system where the length of a convicted individual's sentence is determined by statute and is not subject to the discretion of a judge or parole board. This means that once a person is convicted of a crime, their sentence is predetermined based on the specific offense and any aggravating or mitigating factors.

While determinate sentencing may limit judicial discretion in sentencing, it leaves prosecutorial discretion virtually untouched. Prosecutorial discretion refers to the power of a prosecutor to decide whether to bring criminal charges, what charges to bring, and whether to offer a plea bargain. This means that prosecutors still have the authority to decide which cases to pursue, what charges to file, and whether to negotiate a plea deal with the defendant.

In the context of determinate sentencing, prosecutors can still use their discretion to influence the outcome of a case by choosing which charges to pursue and what plea bargains to offer. This means that even though the length of a sentence may be predetermined, prosecutors still have significant power in shaping the outcome of a criminal case. Therefore, determinate sentencing does not significantly impact prosecutorial discretion.

Question 2

Which of the following best describes sentencing guidelines and parole release guidelines?

Accepted Answer

A)   A panel of judges, statewide sentencing commission, or state parole board who acknowledge that juveniles are entitled to certain due process protections
B)   Guidelines set by a panel of judges, statewide sentencing commission, or by the state parole board who seek to reduce sentence disparity by structuring the discretion of judges and parole boards
C)   A panel of judges, statewide sentencing commission, or state parole board who redirect a case outside the criminal justice system and suspend further processing on the condition that the individual participates in treatment
D)   Guidelines set by a panel of judges, statewide sentencing commission, or by the state parole board emphasizing public protection through swift and sure enforcement of all rule violations B

Question 3

If a judge determined an offender's appropriate presumptive sentence by locating the offender in a grid with respect to the seriousness of the offense and the offender's criminal history score, he or she would be using what type of sentencing guidelines?

Accepted Answer

A)   Legislatively based guidelines
B)   Parole release guidelines
C)   Sentencing guidelines
D)   Deterrence guidelines C

Question 4

According to Cavender and Musheno's determinate sentencing categories, ___________ are those in which the legislature provides a range of sentences for each offense from which the judge selects a particular fixed penalty.

Accepted Answer

A)   definite sentences
B)   mandatory sentences
C)   guidelines
D)   presumptive sentences

Question 5

According to Cullen and Gilbert, goals of proportionate punishment, individualized handling, deterrence, incapacitation, and rehabilitation ______________ in many states. Thus, determinate sentencing seems on its face to promise "something for everyone."

Accepted Answer

A)   co-exist
B)   remain separate goals
C)   compete against one another
D)   are independent of one another

Question 6

Whether to sentence an offender to an enhanced or extended term is a decision which frequently rests with ___________.

Accepted Answer

A)   the legislature
B)   prison officials
C)   the judiciary
D)   the prosecutor

Question 7

Identify the four general varieties of determinate sentencing Cavender and Musheno have proposed.

Accepted Answer

The answer of Identify the four general varieties of determinate...

Question 8

Intended to reflect a "modified desert" philosophy, ____________ guidelines consist of a matrix that combines both offense severity and offender criminal history/risk variables; a range of terms that is within the maximum terms set by statute for each class of offense is available for each offense and offender combination on the matrix.

Accepted Answer

A)   legislatively based
B)   parole release
C)   sentencing
D)   deterrence

Question 9

Although the impact of determinate sentencing laws on disparity at the institutional stage has barely begun to be evaluated, some insights may be gained from an overview the state of Illinois. Discuss the impact of determinate sentencing features in Illinois at the institutional level and the criticisms of these features.

Accepted Answer

The answer of Although the impact of determinate sentencing laws...

Question 10

According to Cavender and Musheno's determinate sentencing categories, a presumptive sentence is one in which ____________.

Accepted Answer

A)   the legislature establishes fixed penalties or mandatory minimum penalties for a given offense or category of offense
B)   some agency other than the legislature establishes specific offender and offense criteria to determine appropriate sentence length
C)   the legislature provides a range of sentences for each offense from which the judge selects a particular fixed penalty
D)   the legislature establishes a specific term to be given for each offense, but also specifies an acceptable range from which a term may be selected given the presence of aggravating or mitigating factors

Question 11

Briefly explain the eight core parameters of the justice model outlined by Cullen and Gilbert in Chapter 6.

Accepted Answer

The answer of Briefly explain the eight core parameters of...

Question 12

Mandatory sentences are an increasingly frequent feature of state codes in both determinate and indeterminate states. This legislation can take a variety of forms. Identify at least two different ways in which mandatory sentences have been adopted in different states.

Accepted Answer

The answer of Mandatory sentences are an increasingly frequent feature...

Question 13

Identify at least two characteristics of the Minnesota sentencing guidelines system that suggest caution.

Accepted Answer

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Question 14

The utilitarian ends of the new sentencing laws are also readily apparent in the aggravating and mitigating factors specified in state codes. Identify at least three examples of mitigating or aggravating circumstances that might be used by a judge to sentence an offender.

Accepted Answer

The answer of The utilitarian ends of the new sentencing...

Question 15

Guidelines for sentencing can be formulated by ____________.

Accepted Answer

A)   judges
B)   a sentencing commission
C)   both a sentencing commission and police officers
D)   both a sentencing commission and judges

Question 16

Compare and contrast David Fogel's justice model proposal and Illinois' sentencing laws that eventually were put into place. How did these proposals line up with determinant sentencing schemes and the liberal justice model?

Accepted Answer

The answer of Compare and contrast David Fogel's justice model...

Question 17

The starting point for the development of sentencing guidelines is usually ___________. This helps establish the most important factors explaining variations in sentences.

Accepted Answer

A)   an analysis of past sentencing practices in a jurisdiction
B)   an analysis of the type of people who commit crime
C)   an analysis of the type of crimes that are committed most often
D)   an analysis of the type of neighborhoods where crime is committed

Question 18

Since parole boards have, for the most part, lost their sentencing role in determinate-sentencing states, institutional officials have gained increased power through their discretion over ____________.

Accepted Answer

A)   plea bargaining
B)   enhancements
C)   maximum sentences
D)   good time

Question 19

The idea for ___________ guidelines originated with the United State Parole Commission as a means of sentencing federal offenders.

Accepted Answer