Deck 11: Sentencing

Question 1

The type and length of the sentence of a defendant who is found guilty either pursuant to a plea of guilty or at trial is determined in one of several ways. Which of the following is not one of those ways?

A) legislatively
B) judicially
C) administratively
D) executively

Answer 1

D

Question 2

In the _____________________ model for sentencing the type and length of the sentence for each crime are codified into the jurisdiction's penal code and in its purest form allow for no discretion.

A) legislative
B) judicial
C) administrative
D) executive

Answer 2

A

Question 3

The type of sentencing under the legislative model is called a(n) ____________________ sentence.

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

Answer 3

C

Question 4

During the recent period of time where the philosophy of rehabilitation was popular, the __________________ model was prominent.

A) legislative
B) judicial
C) administrative
D) executive

Question 5

In which system does the legislature specify the normal sentence for each crime and permit judges to deviate only under specified types of circumstances, by giving written reasons, or both?

A) mandatory sentencing
B) assumptive sentencing
C) indeterminate sentencing
D) presumptive sentencing

Question 6

The type of sentencing established under presumptive sentencing is accomplished through the use of a sentencing commission that establishes ______________________, which allow the legislature to control judicial discretion.

A) sentencing guidelines
B) judicial guidelines
C) prosecutorial guidelines
D) probation guidelines

Question 7

Under the presumptive sentencing approach, a judge may sentence outside the range appropriate for a particular defendant, creating a departure from the guidelines. He or she may do so if there are __________________________ circumstances that will not justify or excuse the crime but because of justice and fairness make the crime less reprehensible.

A) extenuating
B) foreseeable
C) aggravating
D) mitigating

Question 8

Under the presumptive sentencing approach, a judge may sentence outside the range appropriate for a particular defendant, creating a departure from the guidelines, if he or she finds there are _________________________________ circumstances that are above and beyond the elements required for the crime but that make the crime more serious.

A) extenuating
B) foreseeable
C) aggravating
D) mitigating

Question 9

In Panetti v. Quarterman, heard during its 2006-2007 term, the Supreme Court held that a mentally ill murderer who did not have a ____________________ could not be executed.

A) chance at parole
B) lawyer
C) high enough IQ
D) rational understanding of why the state planned to execute him

Question 10

In the case of Kennedy v. Louisiana, the Supreme Court held that capital punishment for rape but not murder of a ______________ violates the Eighth Amendment's mandate for proportionality in sentencing.

A) woman
B) man
C) man or woman
D) child

Question 11

In 1988, in Thompson v. Oklahoma, the Supreme Court held that imposing capital punishment on a person who was 15 at the time the murder was committed constitutes ____________________________________ and therefore violates the Eighth Amendment.

A) cruel and unusual punishment
B) a violation of the proportionality doctrine
C) a proper use of the proportionality doctrine
D) a human rights violation

Question 12

In the 2008 case of Baze v. Rees, the Supreme Court ruled that the petitioners had failed to meet their burden of proof in their challenge of the constitutionality of _____________________ as the method of execution in use by the state of Kentucky at that time.

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

Question 13

The federal system has enacted a group of statutes to aid in preventing sexual offenders from reoffending and require released sex offenders to register locally when they move into a community. These laws, which are called ______________ , came into effect after a young child was killed by a child molester who lived in the neighborhood.

A) Amber's laws
B) Adam's laws
C) Megan's laws
D) Jessica's laws

Question 14

In regards to truth in sentencing legislation, many jurisdictions are requiring that offenders serve what percent of their sentences before they are eligible for early release?

A) 25%
B) 50%
C) 75%
D) 85%

Question 15

The Sex Offender Registration and Notification Act (SORNA) established what new federal crime?

A) Failure of a registered sex offender to notify law enforcement when moving
B) Failure to register as a sex offender when required to do so
C) Failure of a citizen to notify law enforcement if they suspect or witness a sexual assault
D) Sexual assault against a minor

Question 16

As discussed in the textbook, _________________ sentences are those established by the legislature

A) Indeterminate
B) Determinate
C) Presumptive
D) Legislative

Question 17

Which Act established the U.S. Sentencing Commission?

A) Sentencing Reform Act of 1984
B) Sentencing Commission Act
C) American Bar Association Act
D) Blakely Act

Question 18

Which of the following is one of the criticisms of the federal sentencing guidelines?

A) They do not reduce the discretion of judges
B) They are more costly
C) They can do nothing about sentencing disparity
D) They increase prosecutorial discretion

Question 19

Under which sentencing model do judges have the final determination of a sentence; that is, no administrative releases are permitted?

A) legislative
B) judicial
C) administrative
D) executive

Question 20

What is defined as an act of grace that exempts an offender from punishment (or further punishment, if some time has already been served)?

A) Pardon
B) Clemency
C) Dismissal
D) Leniency

Question 21

Which of the following is an example of an aggravating circumstance in a case?

A) The defendant's conduct during the commission of the current offense manifested deliberate cruelty to the victim
B) The current offense was a violent offense, and the defendant knew that the victim of the offense was currently pregnant
C) The current offense was a major economic offense and involved multiple victims or multiple incidents per victim
D) All of the above are examples

Question 22

Which act eliminated the five year mandatory minimum prison sentence that was previously set for simple possession of crack cocaine?

A) Fair Reform act of 2010
B) Fair Sentencing Act of 2010
C) Fair Sentencing Reform Act of 2010
D) Sentencing Reform Act of 2010

Question 23

As of the end of the 2015 year, how many inmates has Texas executed since 1976?

A) 211
B) 334
C) 531
D) 965

Question 24

In which U.S. Supreme Court case did the Court hold that the death penalty is disproportionate for the crime of rape, when the victim did not die?

A) Coker v. Georgia
B) Gregg v. Georgia
C) Furman v Georgia
D) Kennedy v. Georgia

Question 25

Which of the following is not one of the justifications for punishment that the U.S. Supreme Court mentioned in the case of Kennedy v. Louisiana?

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

Question 26

Discuss the three sentencing models and the advantages and disadvantages of each.

Question 27

Discuss the identified problems with sentencing guidelines, both state and federal.

Question 28

Explain what is meant by sentence disparity and how it differs under sentencing guidelines as opposed to any other approach to sentencing.

Question 29

Discuss the major criticisms of California's three strikes and you're out law.

Question 30

Explain the difference between the Georgia statute in Furman v. Georgia and that of Gregg v. Georgia four years later and its significance for the other states that have capital punishment in their sentencing scheme.

Question 31

The Supreme Court in June 2002 held it unconstitutional to execute the mentally retarded in a case in which the defendant had an IQ of 59. The Court left it to the states to determine the meaning of mentally retarded. Discuss what you think will be required of the states in making the determination of mental retardation.

Question 32

Using the 2007 Supreme Court case of Panetti v. Quarterman, explain the difference between awareness and rational understanding.

Question 33

Explain three Supreme Court cases relating to capital punishment. What was the significance of each decision?

Question 34

Explain the practice of presumptive sentencing. How are sentencing guidelines used to accomplish this practice?

Question 35

State the purpose of the U.S. Sentencing Commission. Do you believe the commission accomplishes their goals? Explain.

Question 36

What is Three Strikes and You're Out Legislation? Explain the philosophy behind these strict statues. Identify the pros and cons associated with this type of sentencing legislation and explain whether you agree or disagree with this policy.

Question 37

Explain the concept of proportionality. How is proportionality used in sentencing?

Question 38

Describe the regulations proscribed in the Fair Sentencing Act of 2010. What sentencing issues was this legislation meant to resolve? Based on the Act's requirements, do you believe it will be successful in accomplishing its purpose?

Question 39

Define and explain the purpose of truth in sentencing reform.

Question 40

What is the purpose of sex offender laws? Do you believe these laws go too far? Explain.