Deck 12: Punishment and Sentencing

Question 1

The prison population contains the same proportion of African Americans as the general population.

Answer 1

False

Question 2

All 50 states impose death as a sentence.

Answer 2

False

Question 3

Social scientists have been able to measure how many people stopped themselves from committing a crime as a result of the threat of certain punishments being imposed.

Answer 3

False

Question 4

The death penalty was found to be racially discriminatory by the U.S. Supreme Court.

Question 5

A determinate sentence means that the defendant determines his or her own punishment with the assistance of a counselor.

Question 6

Punishments rarely reflect the dominant values of a particular timeframe in history.

Question 7

Misdemeanor courts usually can only impose sentences of 1 year or less in jail.

Question 8

Attitudes of judges factor into sentencing decisions.

Question 9

Indeterminate sentences are consistent with rehabilitation.

Question 10

The goal of deterrence assumes that criminals are rational beings.

Question 11

Small counties frequently cannot afford to seek the death penalty as punishment due to the expenses involved in trials.

Question 12

Restorative justice programs in Vermont have increased the percentage of nonviolent offenders in the state's prisons.

Question 13

Many legislators, prosecutors, and judges have abandoned rehabilitation as a goal.

Question 14

Sentencing decisions are most often based on specific formulas.

Question 15

Approximately 30% of persons under correctional supervision are in prison.

Question 16

An example of retribution is the saying, "an eye for an eye, a tooth for a tooth."

Question 17

When imposing a sentence, judges consider one goal only, such as retribution, incapacitation, rehabilitation, or deterrence.

Question 18

Most states use lethal injection as the preferred method of execution.

Question 19

Two-thirds of those on death row are from the South.

Question 20

It is constitutional for states to execute persons under the age of 18.

Question 21

Since the 1980s, sentencing guidelines have been established in the federal courts and in nearly two dozen state court systems.

Question 22

Eyewitness error is not a reason for wrongful convictions.

Question 23

The development of DNA technology has increased the number of people convicted by juries and later exonerated by science.

Question 24

Punishment that assumes that members of the general public will not commit a crime because they observe the punishment of others who have committed a crime is called

A)incapacitation.
B)specific deterrence.
C)rehabilitation.
D)general deterrence.

Question 25

When the goal of punishment is to restore a convicted offender to society through therapy, this is called

A)incapacitation.
B)special deterrence.
C)rehabilitation.
D)retribution.

Question 26

The prison population contains a higher proportion of Hispanics than does the general population.

Question 27

Which of the following is not true about incarceration?

A)Incarceration is thought to have a significant effect in deterring potential offenders.
B)Incarceration is inexpensive.
C)Incarceration is the most visible and well-known penalty imposed by U.S. courts.
D)The majority of persons under correctional supervision are not incarcerated.

Question 28

Presentence reports are prepared carefully to avoid stereotyping defendants.

Question 29

Incarceration involves depriving an offender of the ability to commit crimes against society, usually by detaining the offender in prison.

Question 30

Truth in sentencing guidelines are laws that require offenders to serve 85% of their sentences.

Question 31

The pursuit of justice through punishment imposed on a person as "payback" for harming society by violating criminal laws is called

A)incapacitation.
B)special deterrence.
C)rehabilitation.
D)retribution.

Question 32

Gender does not affect sentencing decisions.

Question 33

Punishment that uses imprisonment or execution to prevent a person from committing additional crimes is called

A)incapacitation.
B)special deterrence.
C)rehabilitation.
D)retribution.

Question 34

Punishment designed to affect the future choices and behaviors of individuals and targeted toward individuals who have already been convicted is called

A)incapacitation.
B)special deterrence.
C)rehabilitation.
D)retribution.

Question 35

Studies in Pennsylvania show that the largest risk to being sentenced is to be young, male, and black.

Question 36

Lethal injection has been shown to violate the Eighth Amendment.

Question 37

Sentencing guidelines provide additional discretion for judges in the sentencing process.

Question 38

The use of crack cocaine in poor, poverty-laden communities has had little effect on increasing the sentencing disparity.

Question 39

Which English scholar developed utilitarianism and viewed retribution as pointless?

A)Orville Majors
B)Thomas Hobbes
C)John Locke
D)Jeremy Bentham

Question 40

Which term is used to define a model of justice that focuses on repairing damage done to the victim and the community?

A)Reparations
B)Rehabilitation
C)Retribution
D)Incapacitation

Question 41

From 1975 to 2000, the number of people facing the death penalty in the United States

A)increased.
B)decreased.
C)stayed the same.
D)remained unknown.

Question 42

Over half of the adults under correctional supervision are on

A)probation.
B)parole.
C)house arrest.
D)intensive supervision probation.

Question 43

The U.S. Supreme Court ruled that the death penalty, as administered, constituted cruel and unusual punishment in the case of

A)Furman v. Georgia (1972).
B)Gregg v. Georgia (1976).
C)McCleskey v. Kemp (1987).
D)Payne v. Tennessee (1991).

Question 44

Which of the following is a valid observation about the orientation and assumptions of lower courts in their attempt to process a large mass of cases?

A)All defendants will go to trial.
B)The vast majority of defendants will plead guilty.
C)The courts must take extra care to filter out innocent defendants because prosecutors never drop charges.
D)Each defendant is entitled to use 2 weeks or more of courtroom time in a trial.

Question 45

Which of the following is true about the death penalty?

A)All Western democracies use the death penalty.
B)Most Western democracies use the death penalty.
C)The United States is virtually the only Western democracy to use the death penalty.
D)None of the Western democracies, including the United States, uses the death penalty.

Question 46

Felony cases are processed and offenders are sentenced in the courts of _____ jurisdiction.

A)limited
B)general
C)specific
D)felony

Question 47

When the commission of a specific crime leads offenders to be required to serve a minimum period of incarceration before release, this is called

A)an indeterminate sentence.
B)a presumptive sentence.
C)a mandatory sentence.
D)good time.

Question 48

Which of the following is not a factor in sentencing decisions?

A)Attitudes and values of the judge
B)Conflicting goals of criminal justice
C)Administrative pressures
D)Community values

Question 49

Legislatures construct sentencing guidelines according to two dimensions. These dimensions are

A)seriousness of the offense and gender.
B)recidivism and gender.
C)seriousness of the offense and prior record.
D)gender and family responsibilities.

Question 50

In recent years, dozens of people have been released from prison when their innocence was discovered through the use of

A)polygraph tests.
B)lie detector tests.
C)eye witness testimony.
D)DNA testing.

Question 51

Which demographic group are you most likely to find overrepresented in the prison population of most states?

A)White males
B)African American males
C)White females
D)Hispanic men

Question 52

Probation officers play a role in sentencing by

A)preparing the presentence report for the judge.
B)always asking for leniency.
C)instructing victims about what to say at sentencing hearings.
D)working with the defense attorney to prepare each defendant's rehabilitation plan.

Question 53

Which of the following is true regarding presentence reports?

A)They are scientific.
B)They avoid stereotypes.
C)They ease the strain of decision making for a judge.
D)They are prepared by the prosecutor.

Question 54

A presentence report is prepared by

A)the court clerk.
B)the judge.
C)a probation officer.
D)the prosecutor.

Question 55

Sentencing guidelines provide

A)judges with guidance on incarcerating felons.
B)corrections officers with discretion when incarcerating felons.
C)police officers with discretionary power for arrests.
D)prosecutors with guidance on plea-bargaining cases.

Question 56

Which of the following determines whether a prisoner receives a reduction in sentence due to "good time" for good behavior?

A)Judge
B)Prosecutor
C)State supreme court
D)Prison administrator

Question 57

Which of the following offenders is most likely to be sentenced under the philosophy of selective incapacitation?

A)A first-time drug offender
B)A juvenile offender
C)A repeat burglary offender
D)A female offender

Question 58

How many states use the death penalty?

A)All 50 states
B)About three-fourths of the states
C)About one-fourth of the states
D)About one-tenth of the states

Question 59

Defendants whose cases are processed through the lower court assembly line appear to receive

A)severe punishment.
B)moderate punishment.
C)little or no punishment.
D)"just desserts" style punishment .

Question 60

Which of the following statements about the death penalty is true?

A)The offender's race and sex can be considered as factors when deciding whether to invoke the death sentence.
B)Offenders sentenced to death are not entitled to effective counsel.
C)It is constitutional to exclude jurors who do not believe in the death penalty from capital cases.
D)It cannot be imposed on an offender who was a juvenile at the time the offense was committed.

Question 61

______ is the state with the most defendants on death row.

A)New York
B)Washington
C)California
D)Florida

Question 62

Alex was recently found guilty of first-degree murder.  Based upon state law, the judge was forced to use a system/guideline to determine the sentence that he was to receive.  Alex was sentenced to 25 years in prison.  He will spend his time in a prison approximately 25 miles from his home.  Alex was thankful for this sentence because it was a death penalty case otherwise.
Alex will be under lock and key for the next 25 years.  He will not be able to harm anyone in the general public, which is a form of 

A)rehabilitation.
B)incapacitation.
C)restorative justice.
D)intermediate sanction.

Question 63

_____ are rigorous, military-style regimes for younger offenders designed to accelerate punishment while instilling discipline.

A)Day reporting centers
B)Prisons
C)Boot camps
D)Halfway houses

Question 64

Jenna works for the Innocence Project.  She is currently working on a case where her client states that she was wrongly convicted.  Jenna has been reviewing the court transcripts and has determined that the prosecutor seems to have withheld information that was pertinent to the case.  Jenna's client was given a 20-year sentence for murder.  She has reduced that sentence by participating in programs and through her positive behavior while incarcerated.
Jenna's client has earned a sentence reduction based upon her participation in various programs.  This reduction is called

A)good time.
B)earned time.
C)face time.
D)rehabilitation.

Question 65

In _____ the U.S. Supreme Court ruled that execution of developmentally disabled defendants was unconstitutional.

A)Roper v. Simmons (2005)
B)McCleskey v. Kemp (1987)
C)Gregg v. Georgia (1976)
D)Atkins v. Virginia (2002)

Question 66

Jenna works for the Innocence Project.  She is currently working on a case where her client states that she was wrongly convicted.  Jenna has been reviewing the court transcripts and has determined that the prosecutor seems to have withheld information that was pertinent to the case.  Jenna's client was given a 20-year sentence for murder.  She has reduced that sentence by participating in programs and through her positive behavior while incarcerated.
A tornado devastated the local town and  Jenna's client went to assist in the recovery.  As a result the client received a reduction in her sentence.  This is referred to as

A)good time.
B)earned time.
C)mandatory sentencing.
D)sanctions.

Question 67

Alex was recently found guilty of first-degree murder.  Based upon state law, the judge was forced to use a system/guideline to determine the sentence that he was to receive.  Alex was sentenced to 25 years in prison.  He will spend his time in a prison approximately 25 miles from his home.  Alex was thankful for this sentence because it was a death penalty case otherwise.
Alex will be incarcerated for a period of 25 years.  Which goal of punishment does his sentence meet for the general public?

A)Specific deterrence
B)General deterrence
C)Intermediate sanction
D)Death

Question 68

This group works tirelessly to exonerate those who have been unjustly incarcerated?

A)The Innocence Project
B)Freedom Riders
C)Guilt By Association
D)The Truth Project

Question 69

_____ is a reduction in a prisoner's sentence as a reward for participation in educational or other rehabilitation programs, and for work assignments, such as disaster relief and conservation projects.

A)Earned time
B)Good time
C)Remedial time
D)Good Samaritan time

Question 70

Alex was recently found guilty of first-degree murder.  Based upon state law, the judge was forced to use a system/guideline to determine the sentence that he was to receive.  Alex was sentenced to 25 years in prison.  He will spend his time in a prison approximately 25 miles from his home.  Alex was thankful for this sentence because it was a death penalty case otherwise.
Alex will be incarcerated for a period of 25 years.  Which goal of punishment does his sentence meet for Alex?

A)Specific deterrence
B)General deterrence
C)Intermediate sanction
D)Death

Question 71

Eric has just been sentenced to a short term to be served within the community.  He knows his crime was a mistake and considers this experience to be the first and the last time he will be involved with the criminal justice system.  He plans to do everything that he is required to do and make this time go by as easily as possible.
Eric's short sentence to be served within the community is most likely

A)incarceration.
B)boot camp.
C)house arrest.
D)probation.

Question 72

Under the ________  approach, the amount and kind of punishment are calculated to discourage a criminal from repeating the offense.

A)incapacitation
B)rehabilitation
C)general deterrence
D)specific deterrence

Question 73

Jenna works for the Innocence Project.  She is currently working on a case where her client states that she was wrongly convicted.  Jenna has been reviewing the court transcripts and has determined that the prosecutor seems to have withheld information that was pertinent to the case.  Jenna's client was given a 20-year sentence for murder.  She has reduced that sentence by participating in programs and through her positive behavior while incarcerated.
Jenna was able to request and confirm a new test for her client in order to prove her innocence.  She, most likely, is having her client's _______ tested.

A)DNA
B)testimony
C)witness
D)ANA

Question 74

The late Chief Justice ______ actively sought to reduce the opportunities for capital punishment defendants to have their appeals heard by multiple courts.

A)John Roberts
B)William Rehnquist
C)Earl Warren
D)John Marshall

Question 75

Jenna works for the Innocence Project.  She is currently working on a case where her client states that she was wrongly convicted.  Jenna has been reviewing the court transcripts and has determined that the prosecutor seems to have withheld information that was pertinent to the case.  Jenna's client was given a 20-year sentence for murder.  She has reduced that sentence by participating in programs and through her positive behavior while incarcerated.
Jenna's client was given an incarceration rate of 20 years.  She was most likely sentenced under _________ sentencing.

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

Question 76

Jenna works for the Innocence Project.  She is currently working on a case where her client states that she was wrongly convicted.  Jenna has been reviewing the court transcripts and has determined that the prosecutor seems to have withheld information that was pertinent to the case.  Jenna's client was given a 20-year sentence for murder.  She has reduced that sentence by participating in programs and through her positive behavior while incarcerated.
If Jenna's client had been eligible for parole, then she was most likely sentenced under _________ sentencing.

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

Question 77

Many exonerations are not based on DNA evidence, but on the discovery that prosecutors had ignored or _______ evidence.

A)hidden
B)destroyed
C)contained
D)shared

Question 78

Alex was recently found guilty of first-degree murder.  Based upon state law, the judge was forced to use a system/guideline to determine the sentence that he was to receive.  Alex was sentenced to 25 years in prison.  He will spend his time in a prison approximately 25 miles from his home.  Alex was thankful for this sentence because it was a death penalty case otherwise.
The judge in Alex's case most likely had to use _____ to determine the sentence that must be rendered.

A)sentencing guidelines
B)discretion
C)good time
D)earned time

Question 79

_____ relationships among courtroom actors can facilitate plea bargains and shape the content of prosecutors' sentencing recommendations.

A)Working
B)Exchange
C)Court
D)Involved

Question 80

Alex was recently found guilty of first-degree murder.  Based upon state law, the judge was forced to use a system/guideline to determine the sentence that he was to receive.  Alex was sentenced to 25 years in prison.  He will spend his time in a prison approximately 25 miles from his home.  Alex was thankful for this sentence because it was a death penalty case otherwise.
Alex was charged with murder in the first degree, which is a felony.  Which jurisdiction would have heard Alex's case?

A)Specific
B)General
C)Local
D)Federal