Deck 10: Punishment and Sentencing

Question 1

Which of the following philosophies reflects the idea that offenders should be punished for their bad acts purely on the basis that they violated the laws of society?

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

Answer 1

B

Question 2

Prior to today, rehabilitative efforts were tied to ______.

A)political reforms
B)religious reforms
C)educational reforms
D)medical reforms

Answer 2

B

Question 3

The theory of ______ argues that a punishment for a crime should be proportional or equal to the crime itself.

A)equal justice
B)parens patraie
C)just deserts
D)lex talionis

Answer 3

C

Question 4

When ______ is met, offenders are aware that engaging in the action will lead to them being punished.

A)celerity
B)rapidity
C)certainty
D)severity

Question 5

Which of the following sentencing practices was identified as an example of how incapacitation is used to ensure public safety?

A)mandatory minimums
B)indeterminate sentencing
C)determinate sentencing
D)truth in sentencing

Question 6

______ suggests that offenders will be discouraged from committing crime if they fear the punishments that are associated with these acts.

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

Question 7

Which of the following places the victim at the core of all decision-making?

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

Question 8

______ suggests that, if people fear the punishments that others receive, they will decide NOT to engage in similar acts as they do not want to risk the potential punishment for themselves.

A)General deterrence
B)Specific deterrence
C)Individual deterrence
D)Retributive deterrence

Question 9

Which of the following were identified as the necessary elements of deterrence?

A)cruelty
B)specialty
C)certainty
D)applicability

Question 10

Which of the following sentencing practices was developed during the modern retributive era?

A)three strikes
B)mandatory minimum
C)indeterminate sentencing
D)determinate sentencing

Question 11

Under ______, justice becomes an opportunity for healing.

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

Question 12

Under ______, there is no justice if the offender is NOT punished under the law.

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

Question 13

One of the major differences in ______ is that it does not take into consideration whether the punishment will lead to future change in the offender's behavior.

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

Question 14

If the individual decides that the threat of punishment (such as a prison sentence) is undesirable, then ______ suggests that that particular individual will make the decision NOT to engage in the criminal behavior.

A)general deterrence
B)specific deterrence
C)individual deterrence
D)retributive deterrence

Question 15

Which of the following is from ancient law that means "an eye for an eye"?

A)lex retributis
B)lex talionis
C)parens patriae
D)parens retributis

Question 16

When ______ is met, the punishment is inflicted as soon as possible following the offense.

A)celerity
B)dignity
C)certainty
D)severity

Question 17

Shelly is reasonably sure that she will be sentenced to prison for life if she kills her boyfriend.Which element of deterrence is met in this scenario?

A)celerity
B)rapidity
C)certainty
D)severity

Question 18

______ refers to the practice of removing offenders from society so that they will NOT engage in criminal behaviors for a certain period of time.

A)Incapacitation
B)Deterrence
C)Rehabilitation
D)Reformative

Question 19

Which of the following sentencing philosophies focuses on reforming criminal behavior so that the offender does not need or want to engage in future acts of crime?

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

Question 20

After seeing how badly Cameron was punished for robbery, Jason decides NOT to engage in the crime himself.What type of deterrence is being addressed in this scenario?

A)general deterrence
B)specific deterrence
C)individual deterrence
D)retributive deterrence

Question 21

Under a(n) ______ scheme, the law prescribes the specific punishments.

A)determinate sentencing
B)indeterminate sentencing
C)retributive sentencing
D)mandatory sentencing

Question 22

______ is when the offender is sentenced to a specific term.

A)Determinate sentencing
B)Indeterminate sentencing
C)Retributive sentencing
D)Mandatory sentencing

Question 23

Each federal crime is classified on the basis of ______.

A)severity
B)type of crime
C)defendant's role in the offense
D)circumstances of the crime

Question 24

Indeterminate sentencing structures fit within the ______ focus.

A)restorative
B)rehabilitative
C)deterrent
D)retributive

Question 25

As part of the ______ of 1984, the U.S.Sentencing Commission was tasked with crafting sentencing guidelines at the federal level.

A)Federal Sentencing Guideline Act
B)Sentencing Reform Act
C)Sentencing Philosophy Act
D)Federal Reform Act

Question 26

______ practices generally set a minimum sentence length.

A)Determinate sentencing
B)Indeterminate sentencing
C)Retributive sentencing
D)Mandatory sentencing

Question 27

Sentencing guidelines were created for which of the following reasons?

A)increase levels of discretion within the judiciary
B)eliminate racial, gender, and class-based discrimination in courts
C)create parole boards and offer more parole options
D)create a system in which offenders would receive different sentences for similar crimes

Question 28

Indeterminate sentencing was first featured during the ______ era.

A)political
B)reform
C)restorative
D)progressive

Question 29

For the crime of rape, the law in Robert's state requires that he receive a 20-year prison sentence.This is an example of what type of sentencing?

A)determinate sentencing
B)indeterminate sentencing
C)retributive sentencing
D)mandatory sentencing

Question 30

As part of the Sentencing Reform Act of 1984, the U.S.Sentencing Commission was tasked with crafting sentencing guidelines at the ______ level.

A)local
B)state
C)federal
D)tribal

Question 31

One of the major criticisms of ______ practices is that they prevent the judge from considering the unique characteristics of the offense or the offender in handing down a sentence.

A)determinate sentencing
B)indeterminate sentencing
C)retributive sentencing
D)mandatory sentencing

Question 32

Which of the following court cases held that while the state sentencing guidelines that were used were intended to serve as a mandatory sentencing scheme, they violated a defendants 6th Amendment right to a trial by jury?

A)United States v.Booker
B)Blakely v.Washington
C)Mapp v.Ohio
D)Woodson v.North Carolina

Question 33

In ______ the U.S.Supreme Court held that mandatory death sentences in cases of first-degree murder were unconstitutional because they did NOT allow for a jury to weigh in on the aggravating and mitigating factors when making a sentence recommendation?

A)Woodson v.North Carolina
B)Gregg v.Georgia
C)Johnson v.United States
D)Proffitt v.Florida

Question 34

With indeterminate sentences, the actual time served is determinate by a ______.

A)judge
B)guideline
C)parole board
D)prosecutor

Question 35

Early release based on the behavior of the offender is referred to as ______.

A)probation
B)parole
C)house-arrest
D)restoration

Question 36

Each federal crime is classified on the basis of its severity level and is ranked on a scale of ______.Depending on the specific circumstances of the crime and the defendant's role in the offense, this value may be increased.

A)1-22
B)1-43
C)1-50
D)1-100

Question 37

Under mandatory sentencing schemes, the power of sentencing shifted to the ______.

A)judge
B)legislature
C)prosecutor
D)parole boards

Question 38

The maximum sentence is reflected in the laws set forth by the ______.

A)judge
B)legislature
C)president
D)governor

Question 39

Federal sentencing guidelines now serve as a(n) ______ practice.

A)advisory
B)mandatory
C)retributive
D)reformative

Question 40

Which of the following cases held that sentencing enhancements for violent felonies under the Armed Career Criminals Act are unconstitutional on the grounds that defendants were denied their right to due process and that the law was vague in its application?

A)Woodson v.North Carolina
B)Gregg v.Georgia
C)Johnson v.United States
D)Proffitt v.Florida

Question 41

______ are circumstances that increase the severity of the crime, such as torture, excessive violence or premeditation.

A)Aggravating factors
B)Mitigating factors
C)Just deserts
D)Celerity

Question 42

The ______ decision separated the guilt and sentencing decisions into two separate trials.

A)Kendall v.United States
B)Johnson v.United States
C)Gregg v.Georgia
D)Furman v.Georgia

Question 43

______ are circumstances that minimize or explain the actions of the offender or the crime.

A)Aggravating factors
B)Mitigating factors
C)Just deserts
D)Celerity

Question 44

Historically, ______ account for the majority of all executions throughout the history of the United States.

A)firing squads
B)lethal injections
C)electrocutions
D)hangings

Question 45

The first use of the death penalty in the United States involved the execution of Capitan George Kendall in 1608 for ______.

A)rape
B)first-degree murder
C)kidnapping
D)treason

Question 46

Which of the following cases challenged the lethal injection process in the state of Kentucky.The Court addressed whether the use of sodium thiopental as a sedative, which was designed to render the inmate unconscious while drugs designed to stop their heart and lungs from functioning were administered, constituted cruel and unusual punishment?

A)Batson v.Kentucky
B)Baze v.Rees
C)Blaze v.Kentucky
D)Batson v.Rees

Question 47

Currently, there are ______ states (as well as the federal government and the military) that allow for the use of the death penalty.

A)19
B)22
C)31
D)46

Question 48

Lethal gas executions use ______ to suffocate an individual.

A)cyanide
B)nitrogen gas
C)carbon monoxide
D)hydrogen sulfide

Question 49

The U.S.Supreme Court determined in ______ that the administration of the death penalty at that time constituted cruel and unusual punishment, and violated the eighth amendment of the Constitution.

A)Kendall v.United States
B)Johnson v.United States
C)Gregg v.Georgia
D)Furman v.Georgia

Question 50

Which of the following constitutes the most human medicalized method of execution today?

A)lethal gas
B)electrocution
C)hanging
D)lethal injection

Question 51

The firing squad is an accepted form of execution in which of the following states?

A)California
B)Texas
C)Missouri
D)Oklahoma

Question 52

In which of the following cases did the court hold that the use of midazolam was constitutional?

A)Batson v.Kentucky
B)Baze v.Rees
C)Blaze v.Kentucky
D)Glossip v.Gross

Question 53

Recent execution history in the United States has involved five methods of execution.Which of the following was identified as one of the methods of execution?

A)drawing
B)lethal gas
C)quartering
D)beheading

Question 54

The primary method of execution used today is ______.

A)hanging
B)lethal gas
C)lethal injection
D)electrocution

Question 55

Death occurs as a result of rapid blood loss for individuals who are executed via ______.

A)hanging
B)firing squad
C)electrocution
D)lethal injection

Question 56

During the 1800s, ______ was developed as more humane option than hanging.

A)lethal injection
B)lethal gas
C)electrocution
D)firing squad

Question 57

Which of the following cases held that the use of cyanide gas was unconstitutional?

A)Glossip v.Gross
B)Baze v.Rees
C)Fiero v.Gomez
D)Miranda v.Arizona

Question 58

If the value of the mitigating factors exceeds any aggravators, then sentence will most likely be ______.

A)death
B)life without parole
C)probation
D)5-10 years in federal prison

Question 59

Today, hanging is utilized as an option for execution in ______.

A)New Hampshire and Washington
B)Utah and Oklahoma
C)Texas and Louisiana
D)Arizona and New Mexico

Question 60

Lethal gas executions are still an option in which of the following states?

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

Question 61

Restoration is the only punishment philosophy that places the victim at the core of all decision-making.

Question 62

Retribution is a punishment philosophy that is based on the concept of lex talionis.

Question 63

Rehabilitation was used within the prison walls NOT only as a way to treat prisoners and help transform their behaviors but also to assess whether offenders were prepared to return to the community.

Question 64

Celerity means that offenders needs to be reasonably aware that if they engage in a criminal act, that they will be apprehended and punished.

Question 65

One of the key features of the Sentencing Reform Act of 1984 was the abolition of parole boards at the Federal level.

Question 66

Which of the following statements is consistent with the argument that the death penalty should be abolished?

A)Wrongful convictions can lead to the death of innocent people.
B)The death penalty is the only effective deterrent for offenders.
C)Life without parole is more costly than the death penalty.
D)The death penalty brings closure to victims' families.

Question 67

Which of the following statements is consistent with the argument that habitual sentencing laws deter offenders?

A)Severe punishment will deter future offending.
B)The certainty of punishment is the most important element.
C)Rational individuals should be able to weight the benefits of repeat offending against the costs.
D)Mentally ill offenders lack the capacity to make rational decisions.

Question 68

Which of the following was identified as an unintended outcome of habitual-offender laws?

A)severe punishments for non-violent crimes
B)laws are not uniformly applied across jurisdictions
C)backlog of criminal cases
D)jury trials slow down

Question 69

Determinate sentencing allows for no opportunity for an early release based on the behavior of the offender, also known as parole.

Question 70

One of the most popular uses of mandatory minimum sentencing was the war on drugs.

Question 71

Incapacitation refers to the practice of removing offenders from society so that they will NOT engage in criminal behaviors for a certain period of time.

Question 72

Studies find that prison may actually increase the likelihood of future offending.

Question 73

Indeterminate sentencing is when the offender is sentenced to a specific term.

Question 74

Throughout most of history, judges have had discretion in handing out sentences to offenders.

Question 75

General deterrence looks at how individual behaviors are curbed as a result of Beccaria's pain-pleasure principle.

Question 76

The concept of reformation focuses on reforming criminal behavior so that the offender does not need or want to engage in future acts of crime.

Question 77

One of the more notable features of the Anti-Drug Abuse Act (1986) was that it mandated a sentence of 5 years for the possession of 500 grams of powder cocaine, yet gave the same sentence for only 5 grams of crack cocaine.

Question 78

Mandatory sentences have effectively eliminated judicial discretion from the criminal justice system.

Question 79

Determinate sentencing was first featured during the progressive era of the late 1800s.

Question 80

In the case of Blakely v.Washington, the Court held that the state sentencing guidelines that were used by Washington State violated a defendant's sixth amendment rights to a trial by jury.