Deck 9: Punishment and Sentencing

Question 1

Truth-in-sentencing laws, in the majority of states, require murderers and other offenders convicted of serious crime toserve at least_____of the sentence handed down by the judge.​

A)25 percent
B)75 percent
C)85 percent
D)95 percent

Answer 1

C

Question 2

The philosophy that those whocommit criminal acts should be punished for breaking society's rules tothe extent required by just deserts is commonly referred toas: ​

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

Answer 2

D

Question 3

The oldest and most common justification for punishment used today is: ​

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

Answer 3

D

Question 4

What type of sentencing law requires that murderers and others convicted of serious crimes complete a certain percentage of their sentences with notime off for good behavior? ​

A)Intermediate sentencing laws
B)Indeterminate sentencing laws
C)Prescriptive sentencing laws
D)Truth-in-sentencing laws

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

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 7

A sum of money paid in compensation for damages done tothe victim is: ​

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

Question 8

Whois responsible for preparing the presentence investigation report? ​

A)The court reporter
B)The probation officer
C)The prosecutor
D)The court clerk

Question 9

Which of the following is NoT classified as a judicial disposition? ​

A)Imprisonment
B)Fines
C)Parole
D)Probation

Question 10

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

A)Truth-in-sentencing
B)Judicial discretion
C)Sentencing guidelines
D)Judicial disposition

Question 11

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 12

Which of the following is NoT one of the four basic philosophical reasons for sentencing? ​

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

Question 13

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

A)Deterrence
B)Incapacitation
C)Just deserts
D)Rehabilitation

Question 14

A strategy for preventing crime by detaining wrongdoers in prison, thereby separating them from the community and reducing criminal opportunities, is the main premise of which sentencing philosophy?  ​

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

Question 15

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)rehabilitative

Question 16

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

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

Question 17

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 18

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

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

Question 19

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 20

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

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

Question 21

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 22

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 23

Sentencing guidelines require judges todetermine a defendant's sentencing using: ​

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

Question 24

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 25

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

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

Question 26

According tothe bifurcated process in capital cases, the decision tosentence a defendant todeath must be made by: ​

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

Question 27

A stipulation in many federal and state sentencing guidelines that allows a judge toadjust 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 28

Which landmark case effectively ended the execution of those whocommitted capital crimes as juveniles? ​

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

Question 29

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

Question 30

Which amendment guards against " cruel and unusual punishment"? ​

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

Question 31

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

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

Question 32

Statutorily determined punishments that must be applied tothose whoare convicted of specific crimes are: ​

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

Question 33

T he dominant method of execution currently used in the United States today is: ​

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

Question 34

Case 9-1 Kareem was arrested and charged with the first degree murder of Kim. Kareem and Kim were coworkers at a local bar where Kareem was the short order cook and Kim was a waitress. The prosecutors believed there was convincing evidence that Kareem was obsessed with Kim, and when she rejected him, he raped and then strangled her todeath. Prosecutors are seeking the death penalty. ​
Kareem's lawyers believe that Kareem is mentally handicapped. After testimony from medical experts from both the prosecution and the defense, the jury comes tothe conclusion that Kareem is in fact mentally handicapped. Which Supreme Court case ruled that the death penalty cannot be given toa mentally handicapped defendant? ​

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

Question 35

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 36

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

A)fifteen.
B)sixteen.
C)seventeen.
D)eighteen.

Question 37

A situation in which those convicted of similar crimes donot receive similar sentences is: ​

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

Question 38

Case 9-1 Kareem was arrested and charged with the first degree murder of Kim. Kareem and Kim were coworkers at a local bar where Kareem was the short order cook and Kim was a waitress. The prosecutors believed there was convincing evidence that Kareem was obsessed with Kim, and when she rejected him, he raped and then strangled her todeath. Prosecutors are seeking the death penalty. ​
If the jury votes toconvict Kareem and sentence him todeath, which would be the most likely method of execution? ​

A)Electric chair
B)Gas chamber
C)Hanging
D)Lethal injection

Question 39

The Supreme Court made it very difficult toprove 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 40

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 soas practiced b

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

Question 41

An example of an aggravating circumstance is that the defendant was coerced intocommitting the crime. ​

Question 42

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

Question 43

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

Question 44

Judges are uniform and consistent in their opinions of which circumstances are considered either mitigating or aggravating. ​

Question 45

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

Question 46

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

Question 47

The presentence investigative report is compiled by the prosecutor. ​

Question 48

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

Question 49

The rate of imprisonment is especially high for minorities whoare young and unemployed. ​

Question 50

In federal court, capital punishment can be an option for those whokidnap a person. ​

Question 51

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

Question 52

Restitution is a direct payment tothe victim or victims of a crime. ​

Question 53

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

Question 54

Determinate sentencing has severely restricted judicial discretion in many jurisdictions. ​

Question 55

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

Question 56

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

Question 57

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

Question 58

Many methods of execution have been found tobe unconstitutional by the Supreme Court. ​

Question 59

Women whoare convicted of crimes are more likely than their male counterparts tobe sentenced toprison. ​

Question 60

Restorative justice almost always involves those whoare convicted of nonviolent property crimes, public order crimes, and, particularly, offenses committed by juveniles. ​

Question 61

Legislative attempts toensure that convicts will serve approximately the terms towhich they are initially sentenced are known as ____________________________________. ​

Question 62

What is restorative justice and how is it used as a form of punishment for offenders? ​

Question 63

_________________________refers toa situation in which those convicted of similar crimes donot receive similar sentences.

Question 64

The case of_____________________ended the execution of those whocommitted crimes as juveniles.

Question 65

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

Question 66

An approach topunishment that is designed torepair the harm done tothe victim is_____________.

Question 67

Prison administrators determine an inmate's "___________________", which is a reduction in time served by prisoners based on behaving well and conforming toprison rules.

Question 68

When sentencing by_______________is allowed, the practice is popular with prosecutors because they are more likely than judges togive harsh sentences.​

Question 69

_________________ refers toa philosophy of punishment which states that society is best served when wrongdoers are provided the resources needed toeliminate criminality from their behavioral pattern.

Question 70

____________are payable tothe government whereas_____________is a direct payment tothe victim of a crime.

Question 71

Furman v. Georgia (1972)resulted in a two-stage, or_______ ____ ____ _____procedure for capital cases, meaning that a jury must decide not only guilt or innocence but alsowhether or not todelegate death if the suspect is in fact found guilty of a capital offense.

Question 72

A(n)_________________is a stipulation in sentencing guidelines that allows a judge toadjust his or her sentencing decision based on the special circumstances of a particular case.

Question 73

The __________________ Act provides victims the right tobe reasonably heard during the sentencing process. ​

Question 74

Statutorily determined punishments that must be applied to  those who  are convicted of specific crimes are  ______________________. ​

Question 75

Define and illustrate indeterminate sentencing, determinate sentencing, and truth-in-sentencing laws as structures of sentencing. ​

Question 76

In 1984, Congress passed the_______________________________, which paved the way for the implementation of federal sentencing guidelines that were tobe used by federal judges when sentencing federal offenders.

Question 77

A(n)______________________________is the actual offense committed and not the charge that is levied by a prosecutor as the result of a plea bargain.

Question 78

Early release from prison for good behavior is referred toas _____________________.  ​

Question 79

Statutes that require lengthy prison sentences for those whohave been convicted of multiple felonies are  _____________________ laws. ​

Question 80

Identify, define, and discuss the four basic philosophical reasons for sentencing. ​