Deck 9: Punishment and Sentencing

Question 1

In determinate sentencing, an offender serves exactly the amount of time to which she or he is sentenced.

Answer 1

True

Question 2

Retributive justice implies that a wrongdoer is punished only with the aim of satisfying a victim or victims.

Answer 2

False

Question 3

Which of the following philosophical reasons for sentencing relies on the principle of just deserts?

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

Answer 3

B

Question 4

Restorative justice strategies attempt to repair the damage that a crime does to the victim, the victim's family, and society as a whole.

Question 5

Restitution and community service are seen as reparations to an injured party or to the community.

Question 6

For offenders, the amount of time spent in prison often depends as much on where a particular crime was committed as on the crime itself.

Question 7

In the context of deterrence, the goal of sentencing should be to:

A) separate criminals from the community.
B) prevent future crimes.
C) provide resources to eliminate criminality.
D) repair the harm done to a victim.

Question 8

Research has shown that hearing victim impact evidence makes jurors less likely to impose the death penalty.

Question 9

The basic idea of general deterrence is that by punishing one person, others will be discouraged from committing a similar crime.

Question 10

Which of the following philosophical reasons for sentencing is based on the Old Testament's "an eye for an eye and a tooth for a tooth" tenet?

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

Question 11

Five years ago, Adam was pulled over by a police officer for driving under the influence and had his driver's license suspended for six months. Following this incident, Adam refrains from driving while intoxicated. Which of the following philosophical justifications of sentencing does this scenario illustrate?

A) Incapacitation
B) Restorative justice
C) Specific deterrence
D) Rehabilitation

Question 12

Which of the following is a true statement about incapacitation?

A) It protects society only until a criminal is freed.
B) It is generally considered the most humane goal of punishment.
C) It gives probation officers too much power in the sentencing process.
D) It offers proportionality with regard to a particular crime.

Question 13

Unlike retribution, incapacitation offers no proportionality with regard to a particular crime.

Question 14

According to criminologist Isaac Ehrlich of the University at Buffalo, a one percent increase in sentence length will:

A) promote discipline within a correctional institution.
B) produce a proportionate decrease in the crime rate.
C) have little impact on property crime rates.
D) lead to more violent crimes.

Question 15

Restitution is the philosophy that society is best served when wrongdoers are provided the resources needed to eliminate criminality from their behavioral pattern.

Question 16

Which of the following is a limitation of incapacitation as a theory of punishment?

A) It limits a judge's power to deviate from determinate sentencing laws.
B) It displays conscious discrimination on the part of sentencing judges.
C) It does not take into account the safety of society as a whole.
D) It offers no proportionality with regard to a particular crime.

Question 17

Which of the following is regarded by many as the most humane goal of punishment?

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

Question 18

Mandatory sentencing guidelines limit a judge's power to deviate from determinate sentencing laws by setting firm standards for certain crimes.

Question 19

Which of the following is a faulty assumption of general deterrence?

A) Criminals can be "treated" and possibly even "cured" of their proclivities toward crime.
B) Incarcerating criminals guarantees that they will not be a danger to society.
C) A wrongdoer is punished only with the aim of satisfying a victim.
D) A person commits a crime only after a rational decision-making process.

Question 20

In states with indeterminate sentencing, parole boards have limited powers to release prisoners once they have served the minimum portion of their sentence.

Question 21

According to Spohn and Holleran, which of the following factors results in judges resorting to stereotypes, considering not just race, but age and unemployment as well?

A) Increased incarceration rates
B) Limited information about the offenders
C) Local attitudes toward crime
D) Multiple felony convictions

Question 22

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

A) Judicial discretion
B) Determinate sentencing
C) Fixed sentencing
D) Judicial authority

Question 23

In the context of indeterminate sentencing policies, identify the administrative body that determines at what point an offender is to be released.

A) The parole board
B) The prosecutors
C) The sentencing judge
D) The plaintiff

Question 24

Identify a true statement about capital punishment.

A) It is one of the reasons for the sharp rise in probation.
B) It is usually carried out in the absence of informed discretion.
C) It is not an option in federal court.
D) It is reserved normally for those who commit first degree murder.

Question 25

​ _____ refers to a situation in which those convicted of similar crimes do not receive similar sentences.

A) ​ Sentencing disparity
B) ​ Aggravating circumstance
C) ​ Sentencing discrimination
D) ​ Mitigating circumstance

Question 26

When the period of incarceration is fixed by a sentencing authority and cannot be reduced by judges or other corrections officials, it is known as _____.

A) determinate sentencing
B) indeterminate sentencing
C) indefinite sentencing
D) good time sentencing

Question 27

Which of the following statements is true of sentencing discrimination in the context of gender?

A) In the case of property crimes, incarcerated women tend to receive longer sentences than incarcerated men.
B) In the case of violent crimes, female convicts receive longer sentences than male convicts.
C) Female convicts are more likely to go to prison than male convicts.
D) Incarcerated women tend to serve shorter sentences than incarcerated men.

Question 28

For which of the following types of crimes would the principles of restorative justice be rarely, if ever, applicable?

A) Public order crime
B) Property crime
C) Juvenile crime
D) Violent crime

Question 29

Identify an accurate statement about truth-in-sentencing laws.

A) They ensure that convicts will be released after serving their minimum sentence.
B) They keep convicts incapacitated for longer periods of time.
C) They promote discipline within a correctional institution.
D) They focus on repairing the harm done to the crime victim and the community.

Question 30

Which of the following is a characteristic of determinate sentencing?

A) The sentence is determined by the plaintiff.
B) It is not used in cases of violent crime.
C) The sentence cannot be reduced by a judge.
D) It requires the accused to make a monetary compensation.

Question 31

Sam, a heroin addict, was arrested for drug trafficking. During the court hearing, Sam stated that he resorted to drug trafficking in order to feed his heroin addiction. Assuming that the prosecutors and the jury subscribe to the rehabilitation model of sentencing, which of the following sentences is Sam likely to receive?

A) A lengthy prison term without parole
B) Jail time along with mandatory sessions for de-addiction
C) A heavy fine in addition to jail time
D) Capital punishment

Question 32

Mario was charged with sexual assault. If the trial for his conviction had taken place in a federal court, Mario would have been sentenced to 8 years in prison. But since the trail took place in a state court, he was sentenced to 12 years in prison. Which of the following problems in sentencing is illustrated in this scenario?

A) Sentencing disparity
B) Aggravating circumstances
C) Sentencing discrimination
D) Mitigating circumstances

Question 33

Sentencing discrimination occurs when disparities can be attributed to:

A) crimes of unequal seriousness.
B) multiple felonies.
C) legislatively determined guidelines.
D) extralegal variables.

Question 34

Which of the following peacemaking approaches to criminal justice has been used in Native American jurisdictions?

A) Restorative justice
B) Rehabilitation
C) Incapacitation
D) Specific deterrence

Question 35

In the context of judicial dispositions, which of the following factors has led to a sharp rise in the use of probation?

A) Emphasis on restitution
B) Poor judicial discretion
C) Decrease in capital crime
D) Prison overcrowding

Question 36

Which of the following authorities generally decides whether a convict eligible for the death penalty will in fact be executed?

A) The judge
B) The jury
C) The prosecutor
D) The victim

Question 37

Which of the following is true of restorative justice?

A) It aims at curing criminals of their proclivities toward crime.
B) It focuses on dispute resolution and the needs of the community.
C) It provides wrongdoers with the necessary resources to eliminate criminality.
D) It aims at promoting discipline within a correctional institution.

Question 38

Which of the following is a true statement about the rehabilitative model?

A) It believes that a wrongdoer who has freely chosen to violate society's rules must be punished for the infraction.
B) It relies on the efforts of an offender to "undo" the harm caused by the criminal act through an apology.
C) It assumes that by detaining wrongdoers in prison, the criminal justice system sends a message to potential criminals.
D) It suggests that criminals can be "treated" and possibly even "cured" of their tendencies toward crime.

Question 39

James was on trial for the murder of his wife. During the hearing, James stated that he killed his wife in a fit of rage after he walked in on his wife having an affair. After hearing his defense, the judge charged James with voluntary manslaughter instead of first-degree murder. Which of the following sentencing factors is most likely to have led to a lighter sentence for James?

A) The chivalry effect
B) Aggravating circumstances
C) Mitigating circumstances
D) The halo effect

Question 40

Bill is arrested and convicted in a case of drug trafficking. He is sentenced to three to six years in prison. According to the indeterminate sentencing policy, when will Bill be eligible for parole?

A) When he has paid some form of restitution
B) When he has completed five years in prison
C) When he has completed the minimum sentence
D) When he has successfully completed a de-addiction program

Question 41

Briefly describe the concept of indeterminate sentencing.

Question 42

_________ assumes that a person commits a crime only after a rational decision-making process.
A. General deterrence
B. Specific deterrence
C. Just deserts
D. Restorative justice ​

Question 43

Jane is a mother of two. After killing her husband in a fit of rage, she was charged with second-degree murder. According to state sentencing guidelines, Jane should have been sentenced to twelve to twenty years in prison. The judge instead sentenced Jane to ten years in prison since she had no prior criminal record and had two young children to raise. In this scenario, which of the following factors is likely to have influenced the judge's decision?

A) Aggravating circumstances
B) The chivalry effect
C) The halo effect
D) General deterrence

Question 44

In the context of capital punishment, the United States is the only:

A) Western democracy that does not use lethal gas as a method of execution.
B) country that uses capital punishment for drug-related offenses.
C) Western democracy that continues the practice.
D) country that uses a firing squad for executions.

Question 45

In which of the following ways does a victim impact statement help judges and juries?

A) It provides them with an understanding of all of the consequences of a crime.
B) It prevents them from deviating from the stipulated sentencing guidelines.
C) It decreases the chances of sentencing disparity and discrimination.
D) It helps set fixed standards for violent crimes.

Question 46

_____ was the first state to create a Sentencing Guidelines Commission with a mandate to construct and monitor the use of a determinate sentencing structure.

A) Michigan
B) Massachusetts
C) Minnesota
D) South Carolina

Question 47

Damien is a drug dealer and is arrested for murder during a drug trafficking incident. Following the steps outlined in the Furman v. Georgia decision, it is found that Damien is guilty and his crime is one that is punishable by death. Which of the following would be the next step taken by the jury?

A) Deciding the least painful method of execution to be used
B) Referring to the federal sentencing guidelines and mandatory sentencing guidelines
C) Analyzing the victim impact statements
D) Analyzing the aggravating and mitigating circumstances surrounding the crime

Question 48

In which case did the U.S. Supreme Court hold that cruel and unusual punishment is defined by the changing norms of society and is not based on historical interpretations?

A) Furman v. Georgia
B) Weems v. United States
C) Roper v. Simmons
D) Gregg v. Georgia

Question 49

In almost all instances, the goal of _________ is to increase the harshness of the criminal sentence.
A. the presentence investigative report
B. judicial departures
C. the bifurcated process
D. victim impact statements ​

Question 50

Explain the principle of retribution, and briefly describe how it differs from revenge.

Question 51

In which of the following ways do victim impact statements negatively influence sentencing decisions?

A) They fail to provide judges with an understanding of all of the consequences of a crime.
B) They result in the sentencing process being governed by reason rather than emotion.
C) They introduce the idea of social value into the courtroom.
D) They limit the judicial discretion of judges and juries.

Question 52

Walter was a prison inmate on death row in the year 1892. Based on the methods of execution employed at the time, Walter was most likely put to death by _____.

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

Question 53

Several mitigating circumstances will prevent a defendant found guilty of first degree murder from receiving _________.
A. life imprisonment
B. the death penalty
C. a probation order
D. rehabilitation ​

Question 54

According to the Supreme Court, the death penalty does not violate the Eighth Amendment as long as:

A) the methods of execution are not carried out with the help of sedatives.
B) it ignores the changing norms and standards of society.
C) it adheres to historical interpretations.
D) the methods of execution are not carried out in an inhuman fashion.

Question 55

Xavier is a state judge who is presiding over a case of homicide. During the hearing, the defense attorney proved that mitigating circumstances led to the occurrence of the crime. According to state sentencing guidelines, the defendant should receive three to five years in prison. Xavier, however, sentences the defendant to two years in prison. Which of the following allows the judge to differ from the sentencing guidelines of the state?

A) The halo effect
B) The truth-in-sentencing laws
C) Aggravating circumstances
D) Judicial departure

Question 56

Courts may decide whether a punishment is unnecessarily cruel with regard to _________.
A. the number of offenses committed
B. physical pain
C. historical interpretations
D. the nature of offense ​

Question 57

Along with restitution, _________ play an important role in restorative justice.
A. approvals
B. prohibitions
C. apologies
D. sanctions ​

Question 58

According to Professor John C. Coffee, which of the following is true of judicial discretion in sentencing?

A) It leads to judges making inconsistent decisions.
B) It leads to insufficient dissemination of information among judges.
C) It prevents judges from imposing a wide variety of sentences to fit specific criminal situations.
D) It lessens the opportunity for sentencing disparity or discrimination.

Question 59

The Supreme Court validated the most punitive aspects of habitual offender laws with its decision in _____.

A) Furman v. Georgia
B) Weems v. United States
C) Roper v. Simmons
D) Lockyer v. Andrade

Question 60

List the ways in which sentencing disparity occurs.

Question 61

Describe the provisions of the Crime Victims' Rights Act.

Question 62

Discuss the state and federal mandatory minimums.

Question 63

Explain the "three-strikes" legislation with an example.