Deck 9: Punishment and Sentencing

Question 1

Sentencing under a rehabilitative framework involves determinate sentencing.

Answer 1

False

Question 2

Nearly 60 percent of adults under correctional supervision are on probation.

Answer 2

True

Question 3

Sentencing guidelines refers to laws that require offenders to serve a substantial proportion (usually 85 percent for violent crimes) of their prison sentence before being released on parole.

Answer 3

False

Question 4

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

Question 5

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

Question 6

Earned time is awarded for participation in education, vocational, substance abuse, and other rehabilitation programs.

Question 7

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

Question 8

Determinate sentences may encourage convicted offenders to focus upon rehabilitation.

Question 9

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

Question 10

A presumptive sentence is a sentence for which the legislature or a commission sets a minimum and a maximum range of months or years.

Question 11

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

Question 12

General deterrence consists of punishment of criminals that is intended to be an example to specific individuals to discourage the commission of offenses.

Question 13

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

Question 14

Even if a potential juror feels so strongly about capital punishment that the individual could not give an impartial verdict, that individual must still serve on the jury.

Question 15

A mandatory sentence is a sentence determined by statutes and requiring that a certain penalty be imposed and carried out for convicted offenders who meet certain criteria.

Question 16

Incapacitation assumes that society can use incarceration to keep offenders from committing further crimes.

Question 17

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

Question 18

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

Question 19

Restorative justice programs in Vermont include   alternative punishments, publi c apologies, restitution, and  inter action between offenders and victims seekig to advance both accountability and  restoration.

Question 20

Restorative justice seeks to repair the damage done to the victim and community by an offender's criminal act.

Question 21

All 50 states impose death as a sentence.

Question 22

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

Question 23

Traditional probation is a type of intermediate sanction.

Question 24

In the federal court system, the presentence report is supplemented by an additional report written by a pretrial services officer (PSO).

Question 25

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

Question 26

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

Question 27

Blended probation occurs when an offender is released after a period of incarceration and then resentenced to probation.

Question 28

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

Question 29

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

Question 30

Misdemeanor courts hear about 90 percent of criminal cases.

Question 31

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

Question 32

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

Question 33

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

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

Studies of racial disparities in sentencing are conclusive.

Question 37

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

Question 38

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

Question 39

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

Question 40

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 41

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

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

Question 42

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 43

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

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

Question 44

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

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

Question 45

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 46

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 47

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 48

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

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

Question 49

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 50

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 51

Less than 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 52

The main focus of r ehabilitation is the:

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

Question 53

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 54

This perspective on punishment r equires a three-way approach that involves the offender, the victim, and the community.

A) Incapacitation
B) Special deterrence
C) Rehabilitation
D) Retribution
E) Restorative justice

Question 55

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 56

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 57

Which is not one of the goals of punishment?

A) Reeducation
B) Specific deterrence
C) Rehabilitation
D) Retribution
E) General deterrence

Question 58

_____ sentencing 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 59

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 the offense .

Question 60

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 61

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 62

Which 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 63

Which of the three basic sentencing structures was used when  the public's fear and anger about crime dominated corrections?

A) Indeterminate sentencing
B) Incarceration sentencing
C) Determinate sentencing
D) Mandatory sentencing
E) ​Presumptive sentencing

Question 64

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 65

Which of the three basic sentencing structures was used when rehabilitation dominated corrections?

A) Indeterminate sentencing
B) Incarceration sentencing
C) Determinate sentencing
D) Mandatory sentencing
E) ​Presumptive sentencing

Question 66

The U.S. Supreme Court ruled that an individual who is developmentally disabled could not be sentenced to the death penalty in:

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 67

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 68

The U.S. Supreme Court ruled that the death penalty, as administered, constituted cruel and unusual punishment in:

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 69

Which is not one of the three basic sentencing structures?

A) Indeterminate sentencing.
B) Incarceration sentencing.
C) Determinate sentencing.
D) Mandatory sentencing.
E) None of these choices are correct

Question 70

Which is not an intermediate sanction?

A) Fines
B) Home confinement
C) Prison
D) Boot camp
E) Forfeiture

Question 71

Sixty percent of people under correctional care are represented under this penalty.

A) Probation
B) Incarceration
C) Parole
D) Shock probation
E) Awaiting execution

Question 72

Home confinement is an example of what type of sanction?

A) In-the-middle sanctions
B) Indeterminate sanctions
C) Intermediate sanctions
D) Incapacitation sentences
E) Retributive sentences

Question 73

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 74

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 75

In ___________, th e 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 76

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 77

The Supreme Court ruled in _______ that potential jurors who object to the death penalty cannot be automatically excluded from service.

A) Furman v. Georgia (1972)
B) Knox v. Kennedy  (1986)
C) McCleskey v. Kemp (1987)
D) Strickland v. Washington  (1984)
E) Witherspoon v. Illinois (1968)

Question 78

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

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 79

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 80

"Three strikes and you're out" is an example of which of the three basic sentencing structures?

A) Indeterminate sentencing
B) Incarceration sentencing
C) Determinate sentencing
D) Mandatory sentencing
E) ​ ​Presumptive sentencing