Deck 9: Punishment and Sentencing

Question 1

Which of the following sentencing philosophies is viewed as the most humane?

A) deterrence
B) incapacitation
C) just deserts
D) rehabilitation

Answer 1

D

Question 2

Which of the following is NOT one of the four basic philosophical reasons for sentencing?

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

Answer 2

D

Question 3

"Punishment is society's means of expressing condemnation of illegal acts such as embezzlement." This is the basic principle of which sentencing philosophy?

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

Answer 3

D

Question 4

A sum of money paid in compensation for damages done to the victim is:

A) a fine.
B) community service.
C) restitution.
D) bond.

Question 5

A(n)_______ circumstance is any circumstance accompanying the commission of a crime that may justify a harsher sentence.

A) aggravating
B) conviction
C) mitigating
D) real

Question 6

"John reportedly used the stolen money to fuel his cocaine and gambling habits. While in prison, he can receive treatment and training to address these problems." This would be an explanation for which sentencing philosophy?

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

Question 7

_________________ rests on the assumption that a judge should be given ample leeway in determining punishments that fit both the crime and the criminal.

A) Truth­in­sentencing
B) Judicial discretion
C) Sentencing guidelines
D) Judicial disposition

Question 8

What type of sentencing law requires that murderers and others convicted of serious crimes complete a certain percentage of their sentences with no time off for good behavior?

A) determinate sentencing laws
B) indeterminate sentencing laws
C) mandatory sentencing laws
D) truth-in-sentencing laws

Question 9

Any circumstance accompanying the commission of a crime that may justify a lighter sentence is known as a(n) ____.

A) aggravating circumstance
B) conviction circumstance
C) mitigating circumstance
D) real circumstance

Question 10

A period of incarceration that is fixed by a sentencing authority and cannot be reduced by judges or other corrections officials is called ______sentencing.

A) determinate
B) indeterminate
C) three strikes legislation
D) truth-in

Question 11

What type of sentencing occurs when a judge determines the minimum and maximum terms of imprisonment?

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

Question 12

House arrest, electronic monitoring, and boot camp are all examples of:

A) probation.
B) incarceration.
C) community service.
D) alternative sanctions.

Question 13

What is the oldest and most common justification for punishment?

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

Question 14

The strategy of preventing crime through the threat of punishment is called:

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

Question 15

"Incarcerated criminals are not a threat to the general society for the duration of their time behind bars." This would be a basic example for which sentencing philosophy?

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

Question 16

Truth-in-sentencing laws, in the majority of states, require murderers and other offenders convicted of serious crime to serve at least ______of the sentence handed down by the judge.

A) 60%
B) 75%
C) 85%
D) 100%

Question 17

Mitigating circumstances may include:

A) a prior record.
B) a passive role in the offense.
C) use of a weapon.
D) disregard for the safety of others.

Question 18

Which of the following is NOT a judicial disposition?

A) imprisonment
B) fines
C) parole
D) probation

Question 19

What is the primary factor in a judge's sentencing decision?

A) aggravating circumstances
B) judicial philosophy
C) mitigating circumstances
D) seriousness of the crime

Question 20

Who prepares the presentence investigation report?

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

Question 21

Which landmark case effectively ended the execution of those who committed capital crimes as juveniles?

A) Atkins v. Virginia
B) Furman v. Georgia
C) Gregg v. Georgia
D) Roper v. Simmons

Question 22

African Americans are nearly_____ times more likely to be sentenced to prison than whites for low-level drug crimes.

A) three
B) four
C) five
D) six

Question 23

A stipulation in many federal and state sentencing guidelines that allows a judge to adjust his or her sentencing decision based on the special circumstances of a particular case is called a(n)______.

A) aggravating circumstance
B) departure
C) disposition
D) mitigating circumstance

Question 24

Which of the following is NOT one of the mitigating circumstances that will prevent a defendant found guilty of first degree murder from receiving the death penalty?

A) age
B) insanity
C) mental handicap
D) physical handicap

Question 25

In________ , the U.S. Supreme Court did not rule that the death penalty inherently violated the Eighth Amendment's protection against cruel and unusual punishment or the Fourteenth Amendment's guarantee of due process, only that it did so as practiced by the states.

A) Atkins v. Virginia
B) Furman v. Georgia
C) Gregg v. Georgia
D) Roper v. Simmons

Question 26

Which is the dominant method of execution in the United States today?

A) the gas chamber
B) electrocution in an electric chair
C) hanging
D) lethal injection

Question 27

In Weems v. United States, the Supreme Court ruled that:

A) what is cruel and unusual is defined by the changing norms of society.
B) the death penalty is arbitrary.
C) age is a mitigating circumstance when assigning the death penalty.
D) capital punishment is constitutional.

Question 28

A situation in which the length of a sentence appears to be influenced by a defendant's race, gender, economic status, or other factor not directly related to the crime he or she committed is:

A) sentencing disparity.
B) sentencing discrimination.
C) sentencing bias.
D) sentencing equity.

Question 29

Statutes that require lengthy prison sentences for those who are convicted of multiple felonies are:

A) mandatory sentences.
B) habitual offender laws.
C) truth-in-sentencing laws.
D) determinate sentencing.

Question 30

The Supreme Court made it very difficult to prove discriminatory intent in capital punishment based on statistics alone in:

A) McCleskey v. Kemp.
B) Atkins v. Virginia.
C) Roper v. Simmons.
D) Furman v. Georgia.

Question 31

According to the bifurcated process in capital cases, the decision to sentence a defendant to death must be made by:

A) the judge.
B) the legislature.
C) the jury.
D) the prosecutor.

Question 32

Statutorily determined punishments that must be applied to those who are convicted of specific crimes are:

A) mandatory sentencing guidelines.
B) habitual sentencing laws.
C) indeterminate sentencing laws.
D) determinate sentencing laws.

Question 33

In which case was the U.S. Supreme Court concerned with the execution of mentally handicapped criminals?

A) Atkins v. Virginia
B) Furman v. Georgia
C) Gregg v. Georgia
D) Roper v. Simmons

Question 34

Which amendment guards against "cruel and unusual punishment"?

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

Question 35

A situation in which those convicted of similar crimes do not receive similar sentences is:

A) sentencing disparity.
B) sentencing discrimination.
C) sentencing bias.
D) sentencing equity.

Question 36

Roper v. Simmons prohibited the death penalty for persons under the age of:

A) 15.
B) 16.
C) 17.
D) 18.

Question 37

In the past 10 years, the annual number of executions in the United States:

A) has remained stable.
B) has increased dramatically.
C) has decreased.
D) has dropped to almost zero.

Question 38

In an effort to eliminate the inequities of disparity by removing judicial bias from the sentencing process, many states and the federal government have turned to ____, which require judges to dispense legislatively determined sentences based on factors such as the seriousness of the crime and the offender's prior record.

A) mandatory sentencing laws
B) indeterminate sentencing laws
C) sentencing guidelines
D) truth-in-sentencing laws

Question 39

Sentencing guidelines require judges to determine a defendant's sentencing using:

A) a list of statutorily created criminal sentences.
B) a sentencing grid.
C) a presentence investigation report.
D) the prosecutor's recommendation.

Question 40

Opponents of victim impact statements argue that they

A) violate the Fifth Amendment rights of offenders.
B) result in reduced sentences for the offender.
C) are prejudicial and inflammatory.
D) constitute double jeopardy.

Question 41

Case 9-1
Jeremy has just been found guilty by a jury for the crimes of robbery, aggravated assault, and obstruction of justice. Jeremy has an extensive criminal history. He was previously in prison for burglary and possession of illegal drugs. When he was arrested for these new crimes of robbery, aggravated assault, and obstruction of justice, he was on probation for stealing a vehicle.
The judge asks the probation officer in the courtroom for a report that describes Jeremy's crime in detail, the suffering of the victims, Jeremy's prior offenses, and his family background. What is this report called?

A) presentence investigation report
B) presentence guideline report
C) sentencing guideline
D) sentencing report

Question 42

Case 9-2
Ted was arrested and charged with the first degree murder of Susan. Ted and Susan were coworkers at a local bar where Ted was the busboy and Susan was a waitress. The prosecutors believed there was convincing evidence that Ted was obsessed with Susan and when she rejected him, he raped and then strangled her. Prosecutors are seeking the death penalty.
If the jury votes to convict Ted and sentence him to death, which would be the most likely method of execution?

A) electric chair
B) gas chamber
C) hanging
D) lethal injection

Question 43

Case 9-1
Jeremy has just been found guilty by a jury for the crimes of robbery, aggravated assault, and obstruction of justice. Jeremy has an extensive criminal history. He was previously in prison for burglary and possession of illegal drugs. When he was arrested for these new crimes of robbery, aggravated assault, and obstruction of justice, he was on probation for stealing a vehicle.
The state that Jeremy was convicted in allows judges to set a minimum and maximum amount of time that Jeremy will spend in prison. What type of sentencing is this?

A) determinate sentencing
B) indeterminate sentencing
C) mitigating sentencing
D) aggravating sentencing

Question 44

"Good time" is a reduction in time served by prisoners based on good behavior, conformity to rules, and other positive actions.

Question 45

Case 9-1
Jeremy has just been found guilty by a jury for the crimes of robbery, aggravated assault, and obstruction of justice. Jeremy has an extensive criminal history. He was previously in prison for burglary and possession of illegal drugs. When he was arrested for these new crimes of robbery, aggravated assault, and obstruction of justice, he was on probation for stealing a vehicle.
The judge in the case is tired of seeing Jeremy in his courtroom. He is determined to give him the most severe punishment that the law allows. The judge believes that Jeremy must return to prison because he thinks that is the only way that he will no longer be a danger to society again. The judge in this case is most likely following the sentencing philosophy of:

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

Question 46

In federal court, capital punishment can be an option for those who traffic large amounts of illegal drugs.

Question 47

At the sentencing phase of Ted's trial, Susan's mother and husband give personal statements about Susan and how her murder has affected their lives. This statement is known as a(n):

A) aggravating factor statement.
B) restorative justice statement.
C) sentencing guideline statement.
D) victim-impact statement.

Question 48

Many supporters of the death penalty believe that Ted needs to be executed for committing such a heinous crime because others will be discouraged from committing a similar crime. This sentencing philosophy is known as:

A) just deserts.
B) general deterrence.
C) incapacitation.
D) specific deterrence.

Question 49

Determinate sentencing has severely restricted judicial discretion in many jurisdictions.

Question 50

The oldest and most common justification for punishing someone is incapacitation.

Question 51

Sentence-reduction programs are regularly abused as a "get free out of jail card."

Question 52

The judge in this case picked the most severe punishment that the law would require because he felt that there were many circumstances surrounding Jeremy's present crime that justify a harsher sentence. These circumstances are referred to as:

A) aggravating circumstances.
B) capital circumstances.
C) mitigating circumstances.
D) truth-in-sentencing circumstances.

Question 53

When an offender is sentenced under the determinate sentencing philosophy, his or her release date is determined by the parole board.

Question 54

Specific deterrence assumes that an individual, after being punished once for a certain act, will be less likely to repeat that act because she or he does not want to be punished again.

Question 55

Case 9-2
Ted was arrested and charged with the first degree murder of Susan. Ted and Susan were coworkers at a local bar where Ted was the busboy and Susan was a waitress. The prosecutors believed there was convincing evidence that Ted was obsessed with Susan and when she rejected him, he raped and then strangled her. Prosecutors are seeking the death penalty.
The Supreme Court now requires that all death penalty cases follow certain procedures. One of these requirements is that there is a guilt phase and a sentencing phase of a death penalty trial. This is known as:

A) the bifurcated process.
B) the dual court process.
C) the due process.
D) the equal protection process.

Question 56

Restorative justice almost always involves property crime, public order crime, and, particularly, offenses committed by juveniles.

Question 57

Truth-in-sentencing laws require defendants to serve 100% of their sentences.

Question 58

Ted's lawyers believe that Ted is mentally handicapped. After testimony from medical experts from both the prosecution and the defense, the jury comes to the conclusion that Ted is in fact mentally handicapped. Which Supreme Court case ruled that the death penalty cannot be given to a mentally handicapped defendant?

A) Atkins v. Virginia
B) Furman v. Georgia
C) Gregg v. Georgia
D) Weems v. United States

Question 59

If the judge sentences Jeremy to a prison sentence of twenty years to life, who will decide at what point Jeremy is released from prison?

A) judge
B) parole board
C) prison administrator
D) probation officer

Question 60

During a sentencing hearing, the judge's role is passive and reactive.

Question 61

An example of an aggravating circumstance is that the defendant was coerced into committing the crime.

Question 62

Advocates of the death penalty argue that it is a strong general deterrent.

Question 63

Legislative attempts to ensure that convicts will serve approximately the terms to which they are initially sentenced are known as__________________________________.

Question 64

Women who are convicted of crimes are more likely than their male counterparts to be sentenced to prison.

Question 65

Prison administrators determine__________ , which is a reduction in time served by prisoners based on behaving well and conforming to prison rules.

Question 66

Many prosecutors and defense attorneys are opposed to "real offense" procedures because they can render a plea
bargain meaningless.

Question 67

The rate of imprisonment is especially high for minorities who are young and unemployed.

Question 68

____________________ assumes that an individual, after being punished for a certain act, will be less likely to repeat that act.

Question 69

Judges are not allowed to depart from the sentences stated in sentencing guidelines.

Question 70

Alternative sanctions combine probation with other dispositions such as electronic monitoring, house arrest, boot camps, and shock incarceration.

Question 71

A fine is a direct payment to the victim or victims of a crime.

Question 72

An approach to punishment that is designed to repair the harm done to the victim is ________.

Question 73

Many methods of execution have been found to be unconstitutional by the Supreme Court.

Question 74

The number of offenders being executed by the states is steadily increasing.

Question 75

The presentence investigative report is compiled by the prosecutor.

Question 76

_______has been seen as the most humane goal of punishment.

Question 77

Juries have traditionally been assigned a relatively small role in felony sentencing.

Question 78

A prisoner is aware that he or she is eligible for ___________as soon as the minimum time has been served.

Question 79

When two criminals receive different sentences for the same offense, this is known as sentencing discrimination.

Question 80

Judges are not uniform, or even consistent, in their opinions of which circumstances are mitigating or aggravating.