Deck 6: Implementing the Justice Model: Problems and Prospects

Question 1

Cullen and Gilbert argue that new sentencing legislation is typically ___________ in its central features.

A) far more liberal than conservative
B) far more radical than conservative or liberal
C) far more conservative than liberal
D) balanced evenly between conservative and liberal models

Answer 1

far more conservative than liberal

Question 2

Which of the following is not a core parameter of the justice model?

A) Granting of good time as a means of encouraging conforming behavior in prison is approved
B) Discretion in the criminal justice and correctional systems should be increased, especially for judges and prosecutors
C) Prison sentences should generally be short, and are to be employed only for the most serious offenses
D) Similar punishments should be given for similar offenses

Answer 2

Discretion in the criminal justice and correctional systems should be increased, especially for judges and prosecutors

Question 3

According to Cullen and Gilbert, ____________ is determined by the harmfulness of the criminal act as well as offender culpability.

A) a presumptive sentence
B) desert
C) retribution
D) restitution

Answer 3

desert

Question 4

According to Cavender and Musheno's determinate sentencing categories, a presumptive sentence is one in which ____________.

A) the legislature establishes fixed penalties or mandatory minimum penalties for a given offense or category of offense
B) some agency other than the legislature establishes specific offender and offense criteria to determine appropriate sentence length
C) the legislature provides a range of sentences for each offense from which the judge selects a particular fixed penalty
D) the legislature establishes a specific term to be given for each offense, but also specifies an acceptable range from which a term may be selected given the presence of aggravating or mitigating factors

Question 5

According to Cavender and Musheno's determinate sentencing categories, ___________ are those in which the legislature provides a range of sentences for each offense from which the judge selects a particular fixed penalty.

A) definite sentences
B) mandatory sentences
C) guidelines
D) presumptive sentences

Question 6

In Illinois, the intent of ___________ was to "get tough on crime" by singling out certain former Class 1 crimes for particularly severe terms without possibility of probation.

A) Class X
B) determinate sentencing
C) Class A
D) David Fogel

Question 7

____________ systems may be attractive to state legislatures in that they are less subject to charges of ineffectiveness than are utilitarian goals.

A) Rehabilitative
B) Retributive
C) Deterrent
D) Incapacitative

Question 8

According to Cullen and Gilbert, goals of proportionate punishment, individualized handling, deterrence, incapacitation, and rehabilitation ______________ in many states. Thus, determinate sentencing seems on its face to promise "something for everyone."

A) co-exist
B) remain separate goals
C) compete against one another
D) are independent of one another

Question 9

Mandatory sentencing strategies can be viewed as primarily a ____________ strategy, particularly when mandatory enhancements represent large increases over the base penalties.

A) deterrent
B) incapacitative and rehabilitative
C) rehabilitative
D) deterrent and incapacitative

Question 10

The potential for sentencing disparity is _____________ if the range of possible sentences for a given category of offenses is ____________.

A) decreased; wide
B) increased; narrow
C) increased; wide
D) decreased; infinite

Question 11

Whether to sentence an offender to an enhanced or extended term is a decision which frequently rests with ___________.

A) the legislature
B) prison officials
C) the judiciary
D) the prosecutor

Question 12

Since parole boards have, for the most part, lost their sentencing role in determinate-sentencing states, institutional officials have gained increased power through their discretion over ____________.

A) plea bargaining
B) enhancements
C) maximum sentences
D) good time

Question 13

Prosecutors tend to have more power under a determinate-sentencing scheme because of the availability of _____________ as a bargaining tool.

A) good time
B) enhancements
C) rehabilitation
D) maximum sentences

Question 14

Which of the following is not a factor that may contribute substantially to rising prison populations and/or prison overcrowding?

A) High and wide sentencing ranges
B) Stiff enhancements and repeat offender provisions
C) Increased use of community sanctions
D) Vague or nonexistent guidelines for structuring the in-out decision

Question 15

Which of the following best describes sentencing guidelines and parole release guidelines?

A) A panel of judges, statewide sentencing commission, or state parole board who acknowledge that juveniles are entitled to certain due process protections
B) Guidelines set by a panel of judges, statewide sentencing commission, or by the state parole board who seek to reduce sentence disparity by structuring the discretion of judges and parole boards
C) A panel of judges, statewide sentencing commission, or state parole board who redirect a case outside the criminal justice system and suspend further processing on the condition that the individual participates in treatment
D) Guidelines set by a panel of judges, statewide sentencing commission, or by the state parole board emphasizing public protection through swift and sure enforcement of all rule violations

Question 16

Guidelines for sentencing can be formulated by ____________.

A) judges
B) a sentencing commission
C) both a sentencing commission and police officers
D) both a sentencing commission and judges

Question 17

The starting point for the development of sentencing guidelines is usually ___________. This helps establish the most important factors explaining variations in sentences.

A) an analysis of past sentencing practices in a jurisdiction
B) an analysis of the type of people who commit crime
C) an analysis of the type of crimes that are committed most often
D) an analysis of the type of neighborhoods where crime is committed

Question 18

If a judge determined an offender's appropriate presumptive sentence by locating the offender in a grid with respect to the seriousness of the offense and the offender's criminal history score, he or she would be using what type of sentencing guidelines?

A) Legislatively based guidelines
B) Parole release guidelines
C) Sentencing guidelines
D) Deterrence guidelines

Question 19

The idea for ___________ guidelines originated with the United State Parole Commission as a means of sentencing federal offenders.

A) legislatively based
B) parole release
C) sentencing
D) deterrence

Question 20

Intended to reflect a "modified desert" philosophy, ____________ guidelines consist of a matrix that combines both offense severity and offender criminal history/risk variables; a range of terms that is within the maximum terms set by statute for each class of offense is available for each offense and offender combination on the matrix.

A) legislatively based
B) parole release
C) sentencing
D) deterrence

Question 21

Which of the following does not fit within the goals of the justice model?

A) Include and use all offender characteristics involving predictive criteria to determine sentence lengths
B) State guidelines must provide narrow ranges for each category and specify appropriate and inappropriate aggravating and mitigating circumstances to guide sentencing decisions
C) Allow for appeal of sentence by the offender
D) States should provide guidelines for the in?out decision as well as for sentence lengths

Question 22

The movement to abandon the indeterminate sentence and to focus instead on punishment and retribution as the primary ends of the criminal sanction has received broad-based support across the political spectrum. However, conservatives and liberals have embraced such a model for different reasons. Briefly explain these differing reasons for support of the same punishment-oriented model.

Question 23

Briefly explain the eight core parameters of the justice model outlined by Cullen and Gilbert in Chapter 6.

Question 24

Identify the four general varieties of determinate sentencing Cavender and Musheno have proposed.

Question 25

Briefly define the term "eraser justice" discussed by Cullen and Gilbert in Chapter 6.

Question 26

Mandatory sentences are an increasingly frequent feature of state codes in both determinate and indeterminate states. This legislation can take a variety of forms. Identify at least two different ways in which mandatory sentences have been adopted in different states.

Question 27

The utilitarian ends of the new sentencing laws are also readily apparent in the aggravating and mitigating factors specified in state codes. Identify at least three examples of mitigating or aggravating circumstances that might be used by a judge to sentence an offender.

Question 28

Identify at least two sources of potential disparity in determinate sentencing states.

Question 29

Briefly discuss how determinate sentencing leaves prosecutorial discretion virtually untouched.

Question 30

Early results assessing the impact of determinate sentencing laws suggest that average terms served under determinate sentencing laws may be marginally lower than those under indeterminate sentencing. Briefly explain how we cannot automatically conclude that this is attributable to greater leniency under a determinate sentencing scheme, however.

Question 31

Identify at least two characteristics of the Minnesota sentencing guidelines system that suggest caution.

Question 32

Compare and contrast David Fogel's justice model proposal and Illinois' sentencing laws that eventually were put into place. How did these proposals line up with determinant sentencing schemes and the liberal justice model?

Question 33

Although the impact of determinate sentencing laws on disparity at the institutional stage has barely begun to be evaluated, some insights may be gained from an overview the state of Illinois. Discuss the impact of determinate sentencing features in Illinois at the institutional level and the criticisms of these features.

Question 34

Discuss legislatively based determinate laws, and how the two alternative models-sentencing guidelines and parole release guidelines-relate to sentencing. In your answer, be sure to identify the following: (1) how guidelines for each model are formulated, (2) who is responsible for determining each set of guidelines, and (3) the range (or amount) of discretion applied to each guideline.