Deck 2: Sentencing and the Correctional Process

Question 1

The various types of sentences that can be awarded by the courts are called:

A)sentencing sanctions.
B)sentencing choices.
C)sentencing alternatives.
D)sentencing options.

Answer 1

A

Question 2

When a jury trial is waived, the decision of guilt or innocence falls upon the:

A)judge.
B)prosecutor.
C)defense attorney.
D)all of the participants decide the final verdict.

Answer 2

A

Question 3

One or more sentences imposed at the same time and served simultaneously are called:

A)consecutive sentences.
B)concurrent sentences.
C)mandatory minimum sentences.
D)sentencing sanctions.

Answer 3

B

Question 4

Which of the following was not one of the first states to develop presumptive sentencing guidelines?

A)Florida
B)Pennsylvania
C)Texas
D)Washington

Question 5

Which type of sentence permits flexibility both in the type of sentences that are imposed and in the length of time that has to be served?

A)indeterminate sentence.
B)determinate sentence.
C)presumptive sentence.
D)three strikes.

Question 6

Sentences with a fixed term of years to serve are:

A)indeterminate ones.
B)determinate ones.
C)predictive ones.
D)good time ones.

Question 7

One or more sentences imposed at the same time and served one after the other are called:

A)consecutive sentences.
B)concurrent sentences.
C)mandatory minimum sentences.
D)sentencing sanctions.

Question 8

In _________________ the U.S. Supreme Court found that federal law does not allow rehabilitation to be used as a factor when handing down a sentence.

A)Tapia v. United States
B)Bell v. Feurtado
C)Kranitz v. United States
D)Katz v. United States

Question 9

Release after serving the required minimum portion of the sentence is a(n):

A)indeterminate sentence.
B)determinate sentence.
C)presumptive sentence.
D)three strikes.

Question 10

The court actor who is responsible for bringing the state's case against the accused is:

A)the judge.
B)the prosecutor.
C)the defense attorney.
D)the probation officer.

Question 11

The intent to ensure fair sentencing by ending the reduction of terms in prison by grants of parole, ensuring that persons committing similar crimes serve similar terms, and ensuring that sentences reflect the severity of the criminal conduct is called:

A)concurrent sentences.
B)determinate sentencing.
C)sentencing guidelines.
D)sentencing fairness.

Question 12

The most widely used type of sentence today is:

A)mandatory.
B)determinate.
C)indeterminate.
D)presumptive.

Question 13

During trials without juries, the judge:

A)rules on appropriateness of conduct.
B)settles questions of evidence.
C)guides questioning of witnesses.
D)all of these choices.

Question 14

In many jurisdictions, prisoners' sentences are reduced by about half. This is known as:

A)offender volunteer program.
B)presumptive sentence.
C)mandatory sentence.
D)good time.

Question 15

Concurrent and consecutive sentences differ in:

A)amount of good time.
B)severity of punishment.
C)length of time to serve.
D)fairness of sentences.

Question 16

In the majority of felony cases sentencing is generally based on the information available to the:

A)probation officer.
B)jury.
C)judge.
D)media.

Question 17

The purposes of sentencing have shifted:

A)from an emphasis on utilitarian aims toward a greater focus on appropriate punishment proportionate to the harm done.
B)from an emphasis on proportionate punishments to an emphasis on utilitarian aims.
C)from an emphasis on just deserts to rehabilitation.
D)from an emphasis on restoration to rehabilitation.

Question 18

With the number of plea bargains increasing over the past few years, there seems to be a transfer of power in the courtroom to the prosecutor from the:

A)media.
B)defendant.
C)defense attorney.
D)judge.

Question 19

Before sentencing takes place in felony cases, it is common for the court's probation staff to conduct a:

A)criminal investigation.
B)background investigation.
C)suitability for probation investigation.
D)presentence investigation.

Question 20

Sentence types and lengths are typically created by a:

A)police department.
B)governor.
C)panel of judges.
D)legislative body.

Question 21

Which of the following is NOT a reason federal sentencing guidelines have been criticized?

A)Prosecutors have little use for them because of their harshness and because they shift sentencing authority to judges.
B)They were developed with insufficient attention paid to either ethical considerations of basic justice or basic concerns about their efforts on prison populations.
C)They are biased against African Americans and Hispanics even though they have the goal or removing discrimination from the sentencing process.
D)Defense attorneys believe they result in longer prison terms and prevent judges from considering mitigating circumstances.

Question 22

Which law authorized funding for additional state prisons and jails in order to ensure that convicted offenders serve a large portion of their sentence?

A)The Anti-Drug Abuse Act
B)The Violent Crime Control and Law Enforcement Act
C)The Firearm Owner's Protection Act
D)The Sentencing Reform Act

Question 23

When did federal sentencing guidelines emerge?

A)1960s
B)1970s
C)1980s
D)1990s

Question 24

What is appropriate for a judge to consider in making a sentencing decision?

A)defendant's prior record
B)defendant's age
C)defendant's race
D)defendant's income

Question 25

Scott was arrested for the crimes of aggravated assault and possession of a firearm by a convicted felon. Scott was previously convicted of burglary, theft, assault, and several drug offenses. He previously served a 1-year prison sentence for the burglary conviction. Scott was only out of prison 4 months before he was arrested on these new charges. Prior to his first prison sentence, Scott was on probation for his theft, assault, and drug charges. Who will be responsible for enforcing the criminal law by trying to obtain a conviction against Scott for the crime of aggravated assault?

A)the prosecutor
B)the judge
C)the probation officer
D)the jury

Question 26

Which Supreme Court case held that federal sentencing guidelines can be taken into consideration by federal judges but that they no longer had to be regarded as mandatory?

A)Blakely v. Washington
B)United States v. Booker
C)Bell v. Wheeling Jesuit University
D)Estep v. United States

Question 27

Disparities in sentencing often occur due to:

A)social status.
B)race.
C)gender.
D)all of these choices.

Question 28

Sentencing guidelines are:

A)often perceived as an improper interference with the role of the judiciary.
B)opposed by respected judges.
C)both a and b
D)none of these choices

Question 29

To ensure that convicted offenders serve a large portion of their sentence, the U.S. Congress authorized funding for additional state prisons and jails through the ____________________________ of 1994.

A)Violent Crime Control and Law Enforcement Act
B)Violence Against Women Act
C)Federal Lautenberg Act
D)Felony Crime Act

Question 30

Most citizens are interested in offenders serving most of their imposed sentence in prison. This is known as:

A)truth-in-sentencing.
B)presumptive sentencing.
C)indeterminate sentencing.
D)sentencing guidelines.

Question 31

Scott was arrested for the crimes of aggravated assault and possession of a firearm by a convicted felon. Scott was previously convicted of burglary, theft, assault, and several drug offenses. He previously served a 1-year prison sentence for the burglary conviction. Scott was only out of prison 4 months before he was arrested on these new charges. Prior to his first prison sentence, Scott was on probation for his theft, assault, and drug charges. If the case against Scott goes to trial, who will rule on the appropriateness of conduct, settle questions of evidence, and guide the questioning of witnesses?

A)the prosecutor
B)the judge
C)the probation officer
D)the jury

Question 32

__________ contribute to overcrowding and longer sentences.

A)Sentencing guidelines
B)Three strikes laws
C)Truth-in-sentencing laws
D)All of these choices

Question 33

Which act created the U.S. Sentencing Commission?

A)The Anti-Drug Abuse Act
B)The Violent Crime Control and Law Enforcement Act
C)The Firearm Owner's Protection Act
D)The Sentencing Reform Act

Question 34

With the rise of truth-in-sentencing laws, more and more inmates were sentenced to prison and required to serve what percentage of their sentence?

A)35 percent
B)50 percent
C)85 percent
D)95 percent

Question 35

Individuals who are more dangerous and more likely to be repeat offenders are referred to as:

A)social dynamite
B)social misfits
C)social parasites
D)social venom

Question 36

Which of the following is not a goal of structured sentencing?

A)to regulate sentence length
B)to curb judicial discretion
C)to make sentencing more rational
D)to increase gender disparity

Question 37

Those offenders who are convicted of drug offenses and those who are unable to secure pretrial release are mostly:

A)whites.
B)women.
C)minorities.
D)teenagers.

Question 38

The sentence requiring a certain number of years of incarceration for particular crimes is a:

A)mandatory minimum sentence.
B)indeterminate sentence.
C)concurrent sentence.
D)consecutive sentence.

Question 39

The _________________ of 1994 requires a mandatory life sentence for any offender convicted of three felony offenses

A)Federal Crime Act
B)Harrison Narcotic Act
C)Violence Against Women Act
D)Violent Crime Act

Question 40

Mandatory life sentences for repeat offenders are popular in many states. These laws are known as:

A)indeterminate sentences.
B)undeterminate sentences.
C)three strikes.
D)presumptive sentences.

Question 41

Unsecured bail allows release without a deposit or bail arranged through a bondsman.

Question 42

Governor Smith is concerned with the crime rates in his state. He calls a special session of his cabinet and also contacts a few of the state senators to initiate a special session of Congress. Governor Smith wants to specifically address his states sentencing strategies. After a review of all the sentences imposed during the prior year, Governor Smith is concerned that judges are too influenced by nonlegal factors in determining the appropriate sentence. Which of the following would NOT be considered a nonlegal factor?

A)age
B)gender
C)social class
D)severity of the offense

Question 43

Governor Smith is concerned with the crime rates in his state. He calls a special session of his cabinet and also contacts a few of the state senators to initiate a special session of Congress. Governor Smith wants to specifically address his states sentencing strategies. Governor Smith is particularly concerned with the fact that offenders are sentenced to a specific amount of time in prison but are being released well before their sentence expires. He wants to enact a law that requires offenders in his state to serve a substantial portion of their sentences. He is hopeful that these new laws will reduce the discrepancy between the sentence imposed and the actual time served in prison. These laws are known as:

A)mandatory minimum sentencing laws.
B)truth-in-sentencing laws.
C)capital sentencing laws.
D)three strike laws.

Question 44

A signature bond is usually given for minor offenses, such as minor traffic offenses, and is based on the defendant's written promise to appear in court.

Question 45

Scott was arrested for the crimes of aggravated assault and possession of a firearm by a convicted felon. Scott was previously convicted of burglary, theft, assault, and several drug offenses. He previously served a 1-year prison sentence for the burglary conviction. Scott was only out of prison 4 months before he was arrested on these new charges. Prior to his first prison sentence, Scott was on probation for his theft, assault, and drug charges. Scott decided that he was going to reject the plea deal offered by the prosecutor of 2 years in prison. Instead, he opts for a trial, where he is found guilty by a jury after 2 hours of deliberation. The judge imposes a 4-year sentence for the aggravated assault and a 1-year sentence for the possession of a firearm by a convicted felon. The judge informs Scott that the sentences will be imposed at the same time, but they will be served one after the other. Therefore, Scott must serve 5 years in state prison. What type of sentences will Scott be serving?

A)concurrent
B)consecutive
C)simultaneous
D)specific

Question 46

Consecutive sentences are usually the norm.

Question 47

Governor Smith is concerned with the crime rates in his state. He calls a special session of his cabinet and also contacts a few of the state senators to initiate a special session of Congress. Governor Smith wants to specifically address his states sentencing strategies. The lawmakers believe that the legislature should set the penalties for criminal acts. This type of sentencing is known as:

A)mandatory minimum sentencing.
C)indeterminate sentencing.
B)determinate sentencing.
D)presumptive sentencing.

Question 48

Governor Smith is concerned with the crime rates in his state. He calls a special session of his cabinet and also contacts a few of the state senators to initiate a special session of Congress. Governor Smith wants to specifically address his states sentencing strategies. Currently, the state uses sentencing where the offender can be released early from a correctional institution if he or she has served a required minimum portion of his or her sentence. This type of sentence is known as:

A)mandatory minimum sentencing.
C)indeterminate sentencing.
B)determinate sentencing.
D)presumptive sentencing.

Question 49

There has been a transfer of power in the courts that has undercut the formal court process with a more informal system shaped by backroom deals and agreements.

Question 50

Scott was arrested for the crimes of aggravated assault and possession of a firearm by a convicted felon. Scott was previously convicted of burglary, theft, assault, and several drug offenses. He previously served a 1-year prison sentence for the burglary conviction. Scott was only out of prison 4 months before he was arrested on these new charges. Prior to his first prison sentence, Scott was on probation for his theft, assault, and drug charges. Scott's 5-year sentence is for a definite term of 5 years. This is the maximum sentenced set in law by the legislature. What type of sentence will Scott be serving?

A)mandatory
C)indeterminate
B)determinate
D)presumptive

Question 51

Scott was arrested for the crimes of aggravated assault and possession of a firearm by a convicted felon. Scott was previously convicted of burglary, theft, assault, and several drug offenses. He previously served a 1-year prison sentence for the burglary conviction. Scott was only out of prison 4 months before he was arrested on these new charges. Prior to his first prison sentence, Scott was on probation for his theft, assault, and drug charges. Assuming that Scott is found guilty, prior to sentencing, who would conduct a presentence investigation?

A)the prosecutor
B)the judge
C)the probation officer
D)the jury

Question 52

A sentence of 1 to 15 years is an example of an indeterminate sentence.

Question 53

The presentence investigation serves as the basis for sentencing and has a significant influence on whether the convicted defendant will be granted community release or sentenced to secure confinement.

Question 54

Third-party custody occurs when the court assigns custody of the defendant to an individual or agency that promises to ensure his or her later appearance in court.

Question 55

Before sentencing takes place in felony cases, it is common for the prosecutor to conduct a presentence investigation.

Question 56

The Bail Reform Act of 1984 overturned the 1976 Supreme Court case of Burton v. South Carolina , which required that no defendant be kept in pretrial detention simply because they could not afford financial bail, and reinstated pretrial detention for indigent offenders.

Question 57

Governor Smith is concerned with the crime rates in his state. He calls a special session of his cabinet and also contacts a few of the state senators to initiate a special session of Congress. Governor Smith wants to specifically address his states sentencing strategies. The lawmakers have their differences of opinion. One thing they certainly agree on is the fact that there are particular crimes with specific circumstances where the offender should serve time in prison. Specifically, the legislature wants to prohibit any defendant convicted of the crimes of aggravated assault, sexual assault, and any manslaughter or murder charge from being placed on probation. This type of sentence is referred to as:

A)mandatory minimum sentencing.
C)indeterminate sentencing.
B)determinate sentencing.
D)presumptive sentencing.

Question 58

Determinate sentencing reform has been implemented in every state.

Question 59

In percentage bail, the defendant deposits a portion of the bail amount, usually 10 percent, with the court clerk.

Question 60

In 1970, about one in 12 cases made it to trial; today, fewer than one in 40 felony cases are tried in court.

Question 61

The ______________________can become a useful tool when an offender is placed on probation by helping to shape treatment and supervision efforts.

Question 62

Under the Comprehensive Crime Control Act, federal sentencing guidelines were established and parole was abolished.

Question 63

A(An)__________________ is usually given for minor offenses, such as minor traffic offenses, and is based on the defendant's written promise to appear in court.

Question 64

Under mandatory minimum sentencing policies, the legislature may prohibit defendants convicted of certain violent crimes from being placed on probation.

Question 65

If prisoners become involved in serious disciplinary offenses or attempt to escape, they can lose their ____________________________.

Question 66

A(An)____________________sentence is one or more sentences imposed at the same time and served simultaneously.

Question 67

A(An)____________________sentence is when one or more sentences are imposed at the same time and are served one after another.

Question 68

All violent felons receive very long prison sentences.

Question 69

The ____________________ formally charges the jury by instructing its members on what points of law and evidence they must consider before reaching a decision of guilty or innocent.

Question 70

__________________________ is the beginning of the correctional process once an offender has been convicted.

Question 71

In recent years, _______________ have gained greater leverage to extract guilty pleas from defendants.

Question 72

It is appropriate for judges to consider a defendant's prior record in making their sentencing decision.

Question 73

Three-strike laws have contributed to overcrowded prisons.

Question 74

Sentences given by state and federal courts have traditionally been short in the United States.

Question 75

The _____________________of 1984, required that no defendant be kept in pretrial detention simply because he or she could not afford financial bail.

Question 76

Under presumptive sentencing guidelines, the governor sets the penalties for criminal acts.

Question 77

________________________ occurs when the court assigns custody of the defendant to an individual or agency that promises to ensure his or her later appearance in court.

Question 78

If a judge wants to depart from the federal sentencing guidelines, he or she must justify that departure in writing.

Question 79

Recent Supreme Court decisions ruled that federal sentencing guidelines are always mandatory.

Question 80

In __________________, the defendant deposits a portion of the bail amount, usually 10 percent, with the court clerk.