Deck 4: Sentencing: The Application of Punishment

Question 1

______ is a moral concept that involves treating people fairly in ways that they deserve.

A) Conviction
B) Justice
C) Ethics
D) Sentencing

Answer 1

B

Question 2

After a defendant is convicted of a crime, the court orders ______.

A) adjudication
B) parole
C) a victim impact statement
D) a sentence

Answer 2

D

Question 3

An offender receives a sentence of five to seven years. This offender received a(n) ______ sentence.

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

Answer 3

C

Question 4

A first-time offender received a sentence of two years' probation. This offender received a(n) ______ sentence.

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

Question 5

A first-time offender received a sentence of five years, which was the minimum time allowed by law. Probation was not legally an option for her crime. This is an example of a(n) ______ sentence.

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

Question 6

Indeterminate sentencing prevailed under the medical model, with the assumption that some offenders would need more time to be "cured" than others. It therefore serves the goal of ______.

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

Question 7

A determinant sentence, which focuses only on locking up an offender and separating them from society for a fixed number of years, serves the goal of ______.

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

Question 8

Which factor might enter into a judge's decision to sentence someone to a concurrent versus a consecutive sentence?

A) judge's personal preference
B) judge's experience with similar crimes
C) offender demographic characteristics
D) offender cooperation

Question 9

The warning, "You take some of my time and I'll take some of yours," applies when an offender ______.

A) earns life without parole rather than the death penalty
B) requires determinate sentencing rather than indeterminate
C) demands a trial rather than taking a plea bargain
D) serves a concurrent sentence rather than a consecutive one

Question 10

Under ______ statutes, an individual who with three felony convictions, even for non-violent crimes, will receive life in prison.

A) habitual offender
B) shock probation
C) split sentences
D) indeterminate sentencing

Question 11

Which statement about life without parole sentences is true?

A) They provide effective rehabilitation.
B) They apply only to habitual offenders.
C) They are very expensive.
D) They are indeterminate sentences.

Question 12

An offender received a sentence that requires him to spend time in jail on nights and weekends, but during the week he must go to his place of employment. This is an example of ______.

A) shock probation
B) work release
C) a determinate sentence
D) a consecutive sentence

Question 13

Which of these is an example of a noncustodial sentence?

A) two to four years in jail
B) five years in prison
C) three years of probation
D) life in prison without parole

Question 14

A(n) ______ offender is most likely to receive shock probation.

A) first-time
B) chronic
C) violent
D) unremorseful

Question 15

Due to recommendations by a 1982 presidential task force, ______ are now read at sentencing to inform the court of the harm caused by the crime.

A) presentence investigation reports
B) victim impact statements
C) sentencing guidelines
D) truth-in-sentencing laws

Question 16

In Payne v. Tennessee, the U.S. Supreme Court upheld the constitutionality of using ______ at sentencing.

A) habitual offender statutes
B) victim impact statements
C) life without parole
D) presentence investigation reports

Question 17

Which offender is most likely to be referred to a problem-solving court?

A) convicted of violent charges after trial
B) pled guilty to violent charges
C) pled guilty to nonviolent charges
D) convicted of nonviolent charges after trial

Question 18

Which statement about problem-solving courts is true?

A) They are designed to provide positive outcomes for victims, society, and offenders.
B) Problem-solving courts work exclusively with internal parties to achieve goals.
C) They are adversarial in their roles and processes.
D) Judges take a hands-off approach to addressing the defendants' problems.

Question 19

After an offender referred to drug court successfully completes the treatment program, ______.

A) a fine is paid to the state
B) a probationary period ensues
C) criminal charges are dismissed
D) the offender moves to a halfway house

Question 20

Who is responsible for determining a drug court participant's fate (i.e., graduation or incarceration)?

A) probation officer
B) mental health counselor
C) attorney
D) judge

Question 21

Which offender would best be suited for drug court?

A) a non-violent offender who is addicted to heroin
B) a violent offender who sells marijuana
C) a non-violent offender who grows marijuana
D) a violent offender who is addicted to methamphetamines

Question 22

Which of these is one of the 10 components of drug court model?

A) state acting as parent or guardian
B) help for violent offenders
C) nonadversarial approach
D) deferred adjudication

Question 23

The drug court is most likely to reject an offender who ______.

A) is in the early stages of a treatment program
B) is young and demonstrates remorse
C) has previously committed the same offense
D) has been arrested for the first time

Question 24

What type of court would best be able to address the problems of an offender with mental health problems?

A) superior
B) district
C) problem-solving
D) probate

Question 25

What is the common goal of problem-solving courts?

A) locking the offender up
B) rehabilitation of the offender
C) punishing the offender
D) saving money

Question 26

In the 1980s, sentencing disparity became a much bigger issue due to fears about ______.

A) crack cocaine
B) sexual assault
C) white-collar crime
D) cybercrime

Question 27

A U.S. Sentencing Commission report found that Congress passed the Anti-Drug Abuse Act due to ______.

A) a need to reduce the federal prison population and improve outcomes
B) an understanding that Black communities would be disproportionately harmed
C) realizations about the sentencing disparity between crack and powder cocaine
D) media reports about crack's addictiveness and crime potential

Question 28

By the mid-1990s, the result of the Anti-Drug Abuse Act was that ______ of those convicted in federal court for crack cocaine were Black or Hispanic.

A) a small minority
B) slightly under half
C) just over half
D) the vast majority

Question 29

Which of the following exemplifies a sentencing disparity that has become discriminatory?

A) A Black offender and a White offender with different criminal histories are sentenced differently.
B) A Black offender and a White offender who committed different crimes are sentenced differently.
C) A Black offender and a White offender who committed similar offenses are sentenced differently.
D) A Black offender and a White offender who committed similar offenses are sentenced similarly.

Question 30

One of the main purposes of the First Step Act was ______.

A) reducing the federal prison population
B) outlawing small amounts of crack cocaine
C) implementing a 20-year mandatory minimum
D) making the Anti-Drug Abuse Act retroactive

Question 31

What effect did the First Step Act have on the 2010 Fair Sentencing Act?

A) It applied it retroactively.
B) It nullified it.
C) It cancelled most of its clauses.
D) It made the ratio more equal.

Question 32

The document written about the offender that helps the judge determine sentencing is called a ______.

A) victim impact statement
B) presentence investigation report
C) sentencing guideline
D) truth-in-sentencing law

Question 33

Which of the following may be found within a presentence investigation report?

A) the circumstances of the offense
B) judge's history of cases involving similar offenses
C) short biography of the person preparing the report
D) personal testimony from the victim of the crime's impact

Question 34

A 25-year old Black male defendant is accused of rape. He has been convicted twice before for aggravated assault. If you are a judge, which factor can you consider when sentencing this defendant?

A) gender
B) age
C) race
D) crime

Question 35

The ______ was charged with the task of creating mandatory sentencing guidelines.

A) United States Sentencing Commission
B) Sentencing Guidelines Association
C) United States Supreme Court
D) National Center for State Courts

Question 36

______ allow judges to numerically compute a sentence based on crime and criminal record.

A) Presentence investigation reports
B) Sentencing guidelines
C) Victim impact statements
D) Truth-in-sentencing laws

Question 37

Crime seriousness and prior record are the primary factors that can affect the judge's determination of ______.

A) appropriate sentencing
B) victim impact
C) need for a PSI
D) sentencing disparity

Question 38

Which of the following statements is true regarding sentencing guidelines?

A) They have contributed to more uniform and consistent sentencing.
B) They have contributed to less uniform and consistent sentencing.
C) They have complicated the sentencing process for judges.
D) They have complicated the sentencing process for offenders.

Question 39

In United States v. Booker, the defendant argued that his ______ Amendment rights had been violated.

A) First
B) Second
C) Sixth
D) Eighth

Question 40

The role of judges is to ______.

A) be finders of fact
B) be finders of law
C) investigate crimes
D) incarcerate criminals

Question 41

The role of juries is to ______.

A) sentence offenders
B) be finders of fact
C) be finders of law
D) deliberate

Question 42

What is a criticism of the United States vs. Booker decision?

A) Sentencing guidelines were eliminated after this decision.
B) The case cost the federal government an exorbitant amount of money.
C) Victim impact statements have no effect on sentencing.
D) There is no way of ensuring that judges will comply with sentencing guidelines.

Question 43

Justice requires retribution to be exacted.

Question 44

Mandatory sentences can be either determinate or indeterminate.

Question 45

Probation is not an option for some crimes under mandatory minimum sentencing.

Question 46

Drug courts require offenders to seek treatment programs.

Question 47

The Fair Sentencing Act established a 100-to-1 quantity ratio differential between powder and crack cocaine.

Question 48

The presentence investigation report is an important document in regard to sentencing.

Question 49

In the federal system, probation officers create presentence investigation reports.

Question 50

The creator of a presentence investigation report makes sentencing recommendations to the judge.

Question 51

Prior to the 1980s, federal judges exercised almost unlimited sentencing discretion.

Question 52

United States v. Booker only applies to the federal system.

Question 53

What is the definition of justice provided by Aristotle?

Question 54

Why are habitual offender statutes important for sentencing?

Question 55

Evaluate the importance of a victim impact statement.

Question 56

Compare and contrast shock probation and split sentences.

Question 57

What is a sentencing disparity?

Question 58

Evaluate the importance of a presentence investigation report (PSI).

Question 59

What are some issues related to PSIs?

Question 60

Compare and contrast truth-in-sentencing laws versus mandatory sentencing laws.

Question 61

Differentiate between consecutive and concurrent sentencing. Provide an example of each.

Question 62

Explain the characteristics of problem-solving courts. Provide an example of an offender that is appropriate for a problem-solving court.

Question 63

Analyze the controversy over sentencing disparities between crack and powder cocaine.

Question 64

Sentencing guidelines were designed to rein in excessive judicial sentencing discretion. Why did the Supreme Court make the federal guidelines advisory only? Why is this problematic?