Deck 12: Sentencing

Question 1

Which primary classification of punishment places emphasis on the offender being held responsible for his actions?

A) due process model
B) crime control model
C) retributive model
D) utilitarian model

Answer 1

C

Question 2

Which primary classification of punishment places emphasis on deterrence of future offenses?

A) due process model
B) crime control model
C) retributive model
D) utilitarian model

Answer 2

D

Question 3

What may happen following a sentence of death?

A) The sentence may be overturned.
B) The sentence might be commuted.
C) The offender might die in prison.
D) All of these may happen.

Answer 3

D

Question 4

A student's friend is arrested, convicted, and sentenced for shoplifting. Later, that student, although tempted, decides not to shoplift, remembering what happened to his friend. This is a classic example of ______.

A) general deterrence
B) specific deterrence
C) predictive restraint
D) reactive restraint

Question 5

Which theory of incapacitation involves predicting that an individual offender, or offenders with certain characteristics, will commit additional crimes if not locked up?

A) selective incapacitation
B) specific incapacitation
C) general incapacitation
D) collective incapacitation

Question 6

Which of the following justifications views punishment as a means to repair the harm and injury caused by the crime?

A) deterrence
B) incapacitation
C) rehabilitation
D) restorative justice

Question 7

Making punishment equal to the harm caused by the offender is the primary consideration when considering how much to punish for which of the following approaches to punishment?

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

Question 8

Which punishment justification states that dangerous, high-risk offenders should be punished more severely than nonviolent, low-risk offenders?

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

Question 9

What punishment justification states that the punishment should be sufficient to outweigh the benefits of the crime?

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

Question 10

Ensuring that the punishment reflects the offender's need for reform is the primary consideration when considering how much to punish for which of the following approaches to punishment?

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

Question 11

A bifurcated trial is one that ______.

A) includes two separate stages, one for guilt and one for punishment
B) allows for a nonunanimous jury verdict
C) involves at least two codefendants
D) is held to charge the defendant with two or more offenses

Question 12

The argument against the death penalty on the grounds that it is "cruel and unusual" stems from which Constitutional Amendment?

A) Fourth
B) Sixth
C) Seventh
D) Eighth

Question 13

In most jurisdictions, sentences of less than 1 year are served where?

A) federal prison
B) state prison
C) local jail
D) federal jail

Question 14

Under which system of sentencing does the judge sentence the offender to the minimum and maximum sentence, as established by the legislature (i.e., 10 to 20 years in prison)?

A) intermediate sentencing
B) determinate sentencing
C) mandatory sentencing
D) sentencing guidelines

Question 15

Under which system of sentencing does the judge sentence the offender to a set term within a range established by the legislature?

A) intermediate sentencing
B) determinate sentencing
C) mandatory sentencing
D) sentencing guidelines

Question 16

Under which system of sentencing does the judge sentence the offender to a required minimum sentence, as required by the legislature for certain offenses?

A) intermediate sentencing
B) determinate sentencing
C) mandatory sentencing
D) sentencing guidelines

Question 17

Under which system of sentencing does the judge sentence the offender, taking into consideration binding or nonbinding sentencing recommendations created by sentencing commissions?

A) intermediate sentencing
B) determinate sentencing
C) mandatory sentencing
D) sentencing guidelines

Question 18

What sentence is the primary alternative to incarceration?

A) boot camp
B) probation
C) fines
D) community service

Question 19

What intermediate sanction is used the least often when sentencing adults in the United States?

A) boot camps
B) house arrest
C) community service
D) monetary fines

Question 20

According to some research, defendants with which of the following characteristics are more likely to receive harshest sentences?

A) young adults
B) Whites
C) females
D) high socioeconomic status

Question 21

Which of the following is a legally relevant factor when determining sentence severity?

A) crime seriousness
B) the offender's sociodemographic characteristics
C) the victim's sociodemographic characteristics
D) the prosecutor who handled the case

Question 22

Which of the following appears to have no impact on the harshness of sentencing?

A) offender's educational level
B) offender's employment status
C) offender's prior criminal record
D) All of these impact sentencing.

Question 23

Which of the following has not been linked to the severity of a sentence?

A) disposition type (plea vs. trial)
B) defendant's pretrial status (released vs. in custody)
C) the racial makeup of the offender/victim pair
D) All of these have been found to affect sentence severity

Question 24

Which of the following may limit the sentencing decisions of judges?

A) sentencing guidelines
B) type of sentencing system
C) relationships with members of the courtroom workgroup
D) all of these

Question 25

The retributive model of punishment places emphasis on society's moral responsibility to punish the guilty.

Question 26

Rehabilitation focuses on making offenders fearful of future punishment, thus preventing future offenses.

Question 27

One of the retributive justifications for punishment is deterrence.

Question 28

Deterrene theory holds that punishment must be swift, certain, and severe.

Question 29

Many studies have tested for the effects of offender characteristics such as marital status, responsibility for dependent children, or a history of drug or alcohol abuse on sentencing.

Question 30

Mandatory minimum sentences generally require the judge to sentence the offender to prison for a specified period of time.

Question 31

If the offender violates the conditions of probation, the judge can modify the conditions or revoke the offender's probation and sentence that person to jail or prison.

Question 32

Correctional boot camps are used primarily on younger, repeatedly violent offenders.

Question 33

Monetary fines are most frequently used in conjunction with some other punishment.

Question 34

A straight probation sentence does not entail confinement in jail or prison.

Question 35

Judges tend to punish repeat offenders more severely than first-time offenders.

Question 36

Research on gender bias in sentencing suggests that judges do not take offenders' family circumstances into consideration when making pretrial release and sentencing decisions.

Question 37

Teenage defendants tend to receive harsher sentences than young adults.

Question 38

A sentence of death does not necessarily mean that the offender will be executed.

Question 39

Summarize collective and selective incapacitation.

Question 40

Identify how a retributive theorist would describe a just punishment.

Question 41

Identify the states that do not have the death penalty and explain which offense(s) it is applied to now.

Question 42

Explain the significance of Gregg v. Georgia (1976) as it relates to discretion by the jury.

Question 43

Explain mandatory minimum terms of incarceration and the types of crimes that fall under these offenses.

Question 44

Explain the process judges must undergo in order to depart from the sentencing guidelines.

Question 45

Explain the primary goal of probation and what does it entail.

Question 46

Identify the two circumstances judges are not supposed to impose probation.

Question 47

Discuss and provide at least two examples of intermediate sanctions.

Question 48

Explain the deterrence theory of punishment. Define the two types and give an example.

Question 49

Explain the significance of the Furman v. Georgia Supreme Court decision. How did it influence how the death penalty is applied today?

Question 50

Define the four types of sentencing systems in the United States. Which do you think is the most appropriate and why?

Question 51

What factors do judges consider when sentencing offenders? Why is it difficult to determine how they make their decisions?

Question 52

What is the goal of restorative justice? How does it differ from other utilitarian perspectives on punishment?