Deck 5: Sentencing: The Application of Punishment

Question 1

Shock probation is usually reserved for _____ offenders.

A) young, first-time
B) young, habitual
C) old, first-time
D) old, habitual

Answer 1

A

Question 2

Which of the following can lead to a reduction in the charge or charges filed against the defendant?

A) shock probation
B) presentence investigation report
C) plea bargain
D) victim impact statement

Answer 2

C

Question 3

Who retains the final authority over sentencing decisions?

A) prosecutors
B) defense attorneys
C) governors
D) judges

Answer 3

D

Question 4

Forms containing scales that come with a set of rules for numerically computing sentences that offenders should receive based on the crime they committed and their criminal records are known as what?

A) United States Sentencing Commission
B) Sentencing guidelines
C) Sentencing disparity
D) Fair Sentencing Act

Question 5

The creation of the sentencing guidelines intended to do what?

A) Create judicial bias
B) Help determine guilt or innocence
C) Rein in judicial discretion
D) Classify offenders into institutions

Question 6

Work release is an example of a _____ sentence.

A) shock probation
B) split
C) noncustodial
D) determinate

Question 7

Liberals criticize plea bargaining because it coerces suspects to surrender their ______ right to a trial.

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

Question 8

Victim impact statements (VIS) are read during which stage of the criminal justice process?

A) pretrial booking
B) preliminary hearing
C) sentencing
D) arraignment

Question 9

In most states and in federal court, sentencing is determined by

A) a jury.
B) a commission.
C) a board.
D) a judge.

Question 10

Which of the following is an example of an extralegal factor that can be taken into consideration when determining a sentence?

A) gang affiliation
B) a history of substance abuse
C) employment status
D) all of these

Question 11

Which of the following is an example of a legal relevant factor?

A) family status
B) prior record
C) gang affiliation
D) employment status

Question 12

Susan received a sentence of no less than 2 or 3 years to 10 years. This is an example of a

A) determinate sentence
B) concurrent sentence
C) split sentence
D) indeterminate sentence

Question 13

Indeterminate sentences fit the positivist's _____ philosophy of punishment.

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

Question 14

Josh has been sentenced to 15 years in a federal prison. His sentence is considered to be

A) determinate
B) consecutive
C) concurrent
D) indeterminate

Question 15

Christopher has received two separate sentences, 10 years for robbery and 10 years for aggravated assault crimes. He will be serving a total of 10 years for both crimes. This is an example of a _____ sentence.

A) split
B) concurrent
C) indeterminate
D) consecutive

Question 16

Which of the following types of sentences increases the time a person spends in prison?

A) concurrent
B) split
C) mandatory
D) consecutive

Question 17

Life without parole (LWOP) sentences are usually imposed on those convicted of

A) identity theft
B) sexual assault
C) murder
D) larceny

Question 18

Justice is a moral concept that is easy to define.

Question 19

In the federal system, prosecutors create the PSI.

Question 20

Plea bargains are agreements between defendants and prosecutors in which defendants agree to plead guilty in exchange for certain concessions.

Question 21

What is a victim impact statement?

Question 22

What is indeterminate sentencing?

Question 23

What is determinate sentencing?

Question 24

Define the term consecutive sentencing.

Question 25

Define the term concurrent sentencing.

Question 26

What was the purpose of the United States Sentencing Commission?

Question 27

Define the term habitual offender statutes?

Question 28

Who devises the sentencing guidelines?

Question 29

When does a sentencing disparity occur?

Question 30

Discuss habitual offender statutes. What are they? How do you feel they have affected sentencing today?

Question 31

Discuss sentencing disparity. Give an example of legitimate sentencing disparity and illegitimate sentencing disparity in your discussion.

Question 32

Name the six outcomes consistent with Aristotle's definition of justice regarding the sentencing guidelines, according to Lubitz and Ross (2001).

Question 33

Discuss some of the controversies associated with the PSI report.