Question 1

Efforts to incapacitate offenders in the United States primarily involve&#10;A) prison or jail sentences.&#10;B) probation.&#10;C) parole.&#10;D) electronic monitoring and house arrest.

Accepted Answer

Incapacitation refers to the physical removal of an offender from society, and prison or jail sentences are the primary means of achieving this in the United States. Probation and parole involve community supervision, and electronic monitoring and house arrest are often used as alternatives or supplements to incarceration rather than as the main means of incapacitation.

Question 2

Which of the following approaches to sentencing is grounded, in part, in the belief that human lives should not be discarded simply because of criminal behavior, and often involves restitution and victim-offender mediation?

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

C

Accepted Answer

The approach described is restoration, which emphasizes repairing the harm done by the crime rather than solely punishing the offender. This approach is grounded in the belief that offenders can be held accountable while also giving them the opportunity to make amends and repair the harm caused to the victim and community. Restitution and victim-offender mediation are common components of this approach.

Question 3

Which of the following is correct with regard to sentencing guidelines?&#10;A) They are used in all states.&#10;B) They are used by the federal government.&#10;C) No state mandates that judges stay within the guidelines.&#10;D) They consider an offender's criminal history and current offense.

Accepted Answer

D

Question 4

Which of the following acts was passed in 2018 by the federal government, contained many prison reforms and efforts to reduce recidivism, and eased the severity of the federal &#34;three strikes&#34; rule?&#10;A) The Repair and Reintegrate Act&#10;B) The First Step Act&#10;C) The CORRECTNS Act&#10;D) The Boggs Act

Accepted Answer

The First Step Act was passed in 2018 by the federal government, contained many prison reforms and efforts to reduce recidivism, and eased the severity of the federal "three strikes" rule. The other options listed were not passed in 2018 or do not pertain to prison reform.

Question 5

After vandalizing his neighbor's home, Brandon was required by a judge to repay the victim for the damage he caused. This sentence is an example of which of the following?&#10;A) Restitution&#10;B) Community service&#10;C) A fine&#10;D) Probation

Accepted Answer

Restitution refers to the act of compensating a victim for the harm caused by criminal activity. In this case, Brandon is required to repay his neighbor for the damage he caused, which is an example of restitution. Community service, a fine, and probation are all other potential sentencing options, but they do not involve repayment to the victim.

Question 6

In Furman v. Georgia, the U.S. Supreme Court&#10;A) reintroduced the death penalty.&#10;B) nullified the death penalty.&#10;C) prohibited the use of capital punishment with juveniles.&#10;D) prohibited the use of electrocution as a means of capital punishment.

Accepted Answer

In Furman v. Georgia, the U.S. Supreme Court nullified the death penalty, ruling that its application at the time was arbitrary and violated the Eighth Amendment's prohibition against cruel and unusual punishment. This decision effectively halted executions in the United States until states revised their capital punishment statutes to meet constitutional muster.

Question 7

Most states permit inmates to file writ of _______ petitions for post-conviction relief; these claim that the inmates' constitutional rights were violated and challenge the fact or duration of confinement.

A) mandamus
B) certiorari
C) habeas corpus
D) pro se

Accepted Answer

Writ of habeas corpus petitions are filed by inmates to challenge the fact or duration of their confinement, and claim that their constitutional rights were violated. This is a common form of post-conviction relief available in most states. Choice A (mandamus) is a writ that orders a government official or agency to perform a duty they are legally obligated to do. Choice B (certiorari) is a writ that grants a higher court the power to review a lower court's decision. Choice D (pro se) refers to the practice of representing oneself in a legal proceeding, and is not a type of writ petition.

Question 8

Sentencing guidelines are used by the federal government and all states, and judges must stay within the range of punishments noted in them.

Accepted Answer

Sentencing guidelines are used by the federal government and many states, but not all states have mandatory guidelines, and judges may have discretion to deviate from them in certain circumstances.

Question 9

About half of all states and the federal government use habitual offender or three strikes penalties, and the statutes vary among the states.

Accepted Answer

This statement is true.

Question 10

Capital punishment was not used in the United States prior to the American Revolution.

Accepted Answer

Capital punishment was used in the United States prior to the American Revolution, with each colony having its own laws and methods of execution.

Question 11

Individuals who commit crimes while under the age of 18 cannot face capital punishment.

Accepted Answer

The answer of Individuals who commit crimes while under the...

Question 12

The firing squad remains a method of execution in some states.

Accepted Answer

The answer of The firing squad remains a method of...

Question 13

All states use the death penalty.

Accepted Answer

The answer of All states use the death penalty....

Question 14

Some offenders are detained while their case is under appellate review, because they have no constitutional right to bail following a conviction.

Accepted Answer

The answer of Some offenders are detained while their case...

Question 15

What primary goals or purposes are associated with sentencing?

Accepted Answer

The answer of What primary goals or purposes are associated...

Question 16

What are the primary responsibilities of appellate courts, and what possible outcomes are associated with appellate court hearings?

Accepted Answer

The answer of What are the primary responsibilities of appellate...

Deck 25: Sentencing and Appeals