Deck 9: Punishment and Sentencing

Question 1

Traditional probation is a type of intermediate sanction.

Answer 1

False

Question 2

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

Answer 2

False

Question 3

The term "Witherspoon excludable" refers to a prospective juror opposed to executing the mentally ill.

Answer 3

False

Question 4

The saying "an eye for an eye, a tooth for a tooth" exemplifies the philosophy of retributive justice.

Question 5

Punishments rarely reflect the dominant values of a moment in history.

Question 6

Restorative justice programs in Vermont include alternative punishments, public apologies, restitution, and interaction between offenders and victims seek to advance both accountability and restoration.

Question 7

One of the most striking contemporary developments affecting the death penalty is the decline in both the offenders' sentences to death each year and the number of executions carried out.

Question 8

Members of "death qualified" juries are more likely to favor conviction than other juries.

Question 9

Probationers must not commit new crimes during their sentence, but they do not have conditions to meet like parolees.

Question 10

The U.S.Supreme Court has held that it is constitutional for states to execute persons under the age of 18.

Question 11

One drawback to the deterrence model of punishment is that it assumes criminals weigh the costs and benefits of crime.

Question 12

All 50 states impose death as a sentence.

Question 13

Indeterminate sentences may encourage convicted offenders to focus upon rehabilitation.

Question 14

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

Question 15

Sentencing under a rehabilitative framework involves indeterminate sentencing.

Question 16

"Good time" is a way of rewarding prisoners who follow the rules.

Question 17

Budget crises have led several states to increase good-time credits.

Question 18

Selective incapacitation is used to incarcerate career criminals for longer periods of time than other criminals.

Question 19

The U.S.Supreme Court held in Strickland v.Washington (1984) that defendants in capital cases had the right to representation that meets an "objective standard of reasonableness."

Question 20

Most states currently employ electrocution as the preferred method of execution.

Question 21

Thirty percent of people under correctional care are represented in this most visible penalty.

A) probation
B) incarceration
C) parole
D) shock probation
E) death

Question 22

Indeterminate sentences are most closely associated with which of the following philosophies of punishment?

A) incapacitation
B) rehabilitation
C) general deterrence
D) specific deterrence
E) restorative justice

Question 23

Even if you feel so strongly about capital punishment that they could not give an impartial verdict, you still must serve on the jury.

Question 24

Which of the following situations is an example of restorative justice?

A) A violent offender is sentenced to six months in jail.
B) A property offender receives corporal punishment.
C) A drug offender picks up trash on the highways.
D) A man who has abused his wife is sentenced to anger management.
E) A juvenile who stole a lawn mower meets with the victim to discuss his actions.

Question 25

Use of the death penalty is best described by which philosophy of punishment?

A) incapacitation
B) special deterrence
C) rehabilitation
D) retribution
E) general deterrence

Question 26

This is a type of sentence for which the legislature or a commission sets a minimum and maximum range of months or years.Judges are to fix the length of the sentence within that range, allowing for special circumstances.

A) indeterminate sentencing
B) presumptive sentencing
C) determinate sentencing
D) mandatory sentencing
E) preventative sentencing

Question 27

The philosophy which assumes that the general public will NOT commit a crime because they observe the punishment of others is called:

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

Question 28

Punishment designed to affect the future choice and behavior of individuals and targeted at individuals who have already been convicted is called:

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

Question 29

General incapacitation targets individuals whose incapacity will do the most to reduce crime in society.

Question 30

This philosophy of punishment seeks to target "career criminals" by locking them up for a lengthier timeframe than that of a first-time offender.

A) incapacitation
B) special deterrence
C) rehabilitation
D) selective incapacitation
E) deterrence

Question 31

Restorative justice utilizes mediation among the three actors to devise ways to repair the harm.

Question 32

Deterrence deprives the ability of an offender to commit crimes against society by detaining him or her in prison.

Question 33

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

Question 34

According to the Supreme Court's decision in Witherspoon v.Illinois (1968), potential jurors who object to the death penalty cannot be automatically excluded from service.

Question 35

Sentencing guidelines provide additional discretion to judges during the sentencing process.

Question 36

A presentence report is prepared by a probation officer for use by a judge.

Question 37

The development of DNA technology has increased the number of people exonerated after being convicted.

Question 38

This philosophy of punishment in which the primary function of imprisonment and execution is seen as preventing a person from committing additional crimes is known as:

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

Question 39

A large majority of Americans would choose the death penalty over life imprisonment for those found guilty of murder.

Question 40

When a sentence has a fixed term of imprisonment at a specific period, it is referred to as:

A) indeterminate sentencing.
B) presumptive sentencing.
C) determinate sentencing.
D) mandatory sentencing.
E) preventative sentencing.

Question 41

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

A) Furman v.Georgia (1972)
B) Gregg v.Georgia (1976)
C) McCleskey v.Kemp (1987)
D) Payne v.Tennessee (1991)
E) Ford v.Wainwright (1986)

Question 42

Who determines whether a prisoner's sentence may be reduced for good behavior?

A) judge
B) prosecutor
C) state supreme court
D) prison administrator
E) governor of the state

Question 43

The U.S.Supreme Court ruled that a judge or jury must take into account specific aggravating and mitigating factors before deciding which convicted murderers should be sentenced to death.

A) Furman v.Georgia (1972)
B) Gregg v.Georgia (1976)
C) McCleskey v.Kemp (1987)
D) Payne v.Tennessee (1991)
E) Ford v.Wainwright (1986)

Question 44

The U.S.Supreme Court ruled that an individual who is developmentally disabled could not receive the death penalty.

A) Furman v.Georgia (1972)
B) Gregg v.Georgia (1976)
C) McCleskey v.Kemp (1987)
D) Payne v.Tennessee (1991)
E) Atkins v.Virginia (2002)

Question 45

Felony cases are processed and sentenced in a court of:

A) general jurisdiction.
B) specific jurisdiction.
C) complete jurisdiction.
D) appellate jurisdiction.
E) Supreme Court jurisdiction.

Question 46

Punishments that fall somewhere between probation and prison are known as:

A) in-the-middle sanctions.
B) indeterminate sanctions.
C) intermediate sanctions.
D) incapacitation sentences.
E) retributive sentences.

Question 47

The governor of Illinois declared a moratorium on the death penalty in his state due to:

A) claims by prisoners that lethal injection is a cruel method of punishment.
B) the large number of wrongfully convicted individuals released from death row.
C) sSerious prison riots by inmates upset about the death penalty.
D) evidence that judges had acted unethically in capital trials.
E) racial discrimination in application of the death penalty.

Question 48

What is currently the preferred method of execution in the United States?

A) lethal injection
B) hanging
C) electrocution
D) firing squad
E) gas chamber

Question 49

In Roper v.Simmons (2005), the Supreme Court ruled that:

A) it is unconstitutional to sentence someone to death if they are mentally ill.
B) it is unconstitutional to sentence someone to death if they were under 18 when they committed the crime.
C) it is unconstitutional to sentence someone to death if they had the mental capacity of a child under 18 when they committed the crime.
D) the death penalty discriminates against minorities, and is thus unconstitutional.
E) the death penalty is cruel and unusual punishment, and thus unconstitutional.

Question 50

When offenders who commit a specific crime are required to serve a minimum period of incarceration before release, it is known as:

A) indeterminate sentencing.
B) presumptive sentencing.
C) preemptive sentencing.
D) mandatory sentencing.
E) preventive sentencing.

Question 51

A reduction in a prisoner's sentence as a reward for participation in educational or other rehabilitation programs is called:

A) parole.
B) earned time.
C) good time.
D) incentive time.
E) post sentencing time.

Question 52

This particular sentence is the most frequently applied criminal justice sanction and allows the offender to serve his or her sentence in the community under supervision.

A) probation
B) shock probation
C) intensive probation
D) supervisory probation
E) incentive probation

Question 53

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

A) It is constitutional to execute the mentally ill.
B) Offenders sentenced to death are not entitled to effective counsel.
C) It is constitutional to exclude jurors from capital cases who do not believe in the death penalty.
D) Offenders sentenced to death cannot appeal.
E) According to the Vienna Convention, if a citizen of another country is sentenced to death, his or her home country need not be notified.

Question 54

Laws that require offenders to serve a substantial proportion of their sentence before being released is known as:

A) truth-in-sentencing laws.
B) mandatory sentencing laws.
C) indeterminate sentencing laws.
D) determinate sentencing laws.
E) good time laws.

Question 55

The number of new people facing the death penalty in the United States has:

A) increased in recent years, and the execution rate has risen proportionally.
B) increased in recent years, but the execution rate has actually gone down.
C) increased in recent years, but the execution rate has remained stable.
D) decreased in recent years, along with the execution rate.
E) remained stable in recent years, along with the execution rate.

Question 56

Which of the following factors does NOT affect the sentencing process?

A) the administrative context of the courts
B) the attitudes and values of the judge
C) the presentence report
D) sentencing guidelines
E) willingness of the prison warden to accept new prisoners

Question 57

The U.S.Supreme Court ruled that the death penalty did not violate the equal protection clause due to racial discrimination.

A) Furman v.Georgia (1972)
B) Gregg v.Georgia (1976)
C) McCleskey v.Kemp (1987)
D) Payne v.Tennessee (1991)
E) Ford v.Wainwright (1986)

Question 58

A "death qualified" jury is one in which:

A) all members state that they are against the death penalty.
B) all members reside in a state that uses the death penalty for capital offenses.
C) all members find the defendant guilty in a capital trial.
D) all members are able to evaluate evidence fairly without their attitude toward the death penalty altering their perceptions.
E) all members agree to hear the appeal if the defendant is found guilty and sentenced to death.

Question 59

This type of sentencing releases the offender back into the community after a short incarceration period.

A) probation
B) shock probation
C) intensive probation
D) supervisory probation
E) incentive probation

Question 60

A reduction in an inmate's prison sentence for good behavior, which helps to maintain order in the correctional facility, is called:

A) parole.
B) earned time.
C) good time.
D) incentive time.
E) post sentencing time.

Question 61

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.
E) none; probation officers play no role in sentencing.

Question 62

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
E) all of these are factors

Question 63

The federal sentencing guidelines were adjusted in 2007 and 2008 due to the racial disparity of sentencing of this particular drug.

A) methamphetamine
B) crack
C) cocaine
D) marijuana
E) heroin

Question 64

This approach to punishment was widely accepted as a goal from the 1940s to the 1970s.

A) incapacitation
B) special deterrence
C) rehabilitation
D) retribution
E) general deterrence

Question 65

Rehabilitation focuses on the:

A) community.
B) victim.
C) offender.
D) prosecutor.
E) presiding judge.

Question 66

This approach to punishment requires a three-way approach that involves the offender, the victim, and the community.

A) incapacitation
B) special deterrence
C) rehabilitation
D) retribution
E) restorative

Question 67

Punishment designed to repair the damage done to the victim and community by an offender's criminal act is called

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

Question 68

The goal of restoring a convicted offender to a constructive place in society is called:

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

Question 69

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

A) white men
B) white-collar workers
C) high school graduates
D) Hispanic men
E) Asian American men

Question 70

According to the U.S.Supreme Court, inmates who claim they have been wrongfully convicted:

A) have no constitutional right to retest the evidence presented at their trial for their DNA.
B) should automatically invoke their right against self-incrimination.
C) can request appeal based on ineffective assistance of counsel.
D) deserve an automatic mistrial, due to an incompetent jury.
E) have a constitutional right to retest the evidence presented at their trial for their DNA.

Question 71

Punishment inflicted on a person who has infringed on the rights of others and so deserves to be penalized is the definition of:

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

Question 72

Judges typically look at protecting the community during sentencing.Which of the following is NOT a factor?

A) dangerousness
B) sexual orientation
C) recidivism
D) offense severity
E) all of these

Question 73

What report do probation officers typically prepare, which presents a convicted offender's background and is used by the judge in selecting an appropriate sentence?

A) sentencing report
B) incarceration report
C) presentence report
D) death sentence report
E) probation report

Question 74

Which is NOT one of the goals of punishment?

A) reeducation
B) specific deterrence
C) rehabilitation
D) retribution
E) general deterrence

Question 75

Which of the following statements regarding presentence reports is TRUE?

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
E) None of these; all of the statements given are false.

Question 76

Which of the following offenses would likely receive the most severe sentence on a sentencing guideline grid?

A) driving impaired
B) residential burglary
C) assault, first degree
D) solicitation of a prostitute
E) passing bad checks

Question 77

The three basic sentencing structures include all of the following EXCEPT:

A) indeterminate sentencing.
B) incarceration sentencing.
C) determinate sentencing.
D) mandatory sentencing.

Question 78

The two dimensions along which legislatures construct sentencing guidelines are:

A) seriousness of the offense and gender.
B) recidivism and gender.
C) seriousness of the offense and recidivism.
D) gender and family responsibilities.
E) seriousness of the offense and standing in the community.

Question 79

The development of this technology has increased the number of people exonerated after being convicted.

A) DNA
B) NCN
C) AMA
D) NRA
E) AARP

Question 80

These guidelines were established in the federal courts and indicate to judges the expected sanction for particular offenses.

A) punishment
B) sentencing
C) incapacitation
D) post sentence
E) final sentence