Deck 4: The Sentencing and Appeals Process

Question 1

The concept that describes the various sentencing options in the criminal justice system is

A) plea bargaining.
B) prosecution.
C) sentencing disparity.
D) the correctional funnel.

Answer 1

the correctional funnel.

Question 2

Who has the most discretionary power to dismiss or reduce charges prior to the trial?

A) The police
B) Prosecutors
C) Judges
D) Victims' advocates

Answer 2

Prosecutors

Question 3

Which of the following is not a reason for plea bargaining?

A) High caseloads
B) Overcrowding in jails and prisons
C) Limited resources
D) Suspects claiming innocence

Answer 3

Suspects claiming innocence

Question 4

Which of the following statements regarding the restructuring of the sentencing process in the 1970s is false?

A) The ideology and practice of rehabilitation was challenged.
B) Determinate sentencing began to replace indeterminate sentencing.
C) Research identified significant sentencing disparity.
D) Prisoners began to express their discontent through increased uprisings.

Question 5

A successful white businessman is sentenced to serve one year of probation for selling drugs, while a 22-year-old unemployed African-American male who never graduated high school is given five years in a prison for the same crime. This is an example of

A) administrative sentencing.
B) good-time policies.
C) sentencing disparity.
D) presumptive sentencing.

Question 6

One problem with the increasing geriatric prison population is that

A) medical care costs can skyrocket.
B) it seems to cause an increase in violence.
C) it seems to cause a decrease in deterrence.
D) prison staff struggle to punish elderly inmates.

Question 7

One of the main problems with the sentencing decision is that

A) judges tend to ignore sentencing recommendations in presentence reports.
B) judges are required to predict human behavior.
C) judges may be penalized if there are too many appeals of their sentences.
D) reform options have been designed to limit judicial discretion.

Question 8

A court-prepared document that investigates an offender's background in order to determine punishment is a(n)

A) correctional brief.
B) background report.
C) presentence report.
D) appeal.

Question 9

The presentence report is used for all of the following except

A) making sentencing decisions.
B) the probation and parole processes.
C) the initial arrest process.
D) potential future appeals.

Question 10

Which of the following eliminates the ability of parole boards to release prisoners before their sentences, minus good time, have expired?

A) Presumptive sentencing
B) Sentencing guidelines
C) Mandatory prison terms
D) Determinate sentencing

Question 11

In 2005, the Supreme Court ruled that the Federal Guidelines violated the Sixth Amendment right to a jury trial because

A) defendants had not initially been given a fair jury trial.
B) judges were asked to consider facts not originally presented to a jury.
C) juries had been given too much power.
D) juries had not been selected fairly in the first place.

Question 12

Which of the following statements regarding the impact of new sentencing structures and practices is true?

A) Judges' discretionary power has decreased.
B) Judges no longer have any discretion in sentencing decisions.
C) The discretionary power of many prosecutors has decreased.
D) Prison populations will begin to decrease started to decrease.

Question 13

Which of the following statements regarding the effect of "deterrence by sentencing" on the crime rate in the United States and Canada is true?

A) Rates of crime seem to remain unaffected by deterrence by sentencing in both countries.
B) Rates of crime vary greatly between countries and it is impossible to compare the two.
C) Rates of crime decreased with increased imprisonment, as expected.
D) Rates of crime in both countries actually increased with increased imprisonment.

Question 14

The formal or informal violation of an accused person's civil rights that leads to unjustified punishment is a concept known as

A) due process.
B) railroading.
C) sentencing disparity.
D) presumptive sentencing.

Question 15

Due process has been a constitutional right since the passage of the

A) 12th Amendment.
B) 13th Amendment.
C) 14th Amendment.
D) 15th Amendment.

Question 16

As a result of Gideon v. Wainwright (1963),

A) there was a surge in 14th Amendment filings.
B) there was a surge in appeals.
C) "jailhouse lawyers" became the norm.
D) Miranda rights were activated.

Question 17

________ involves filing an appeal in the federal system before the state case has been decided.

A) Due process
B) Presumptive sentencing
C) Collateral attack
D) Reversal

Question 18

As a result of Johnson v. Avery (1969),

A) there was a surge in 14th Amendment filings.
B) there was a surge in appeals.
C) "jailhouse lawyers" were legally permitted.
D) Miranda rights were activated.

Question 19

An appellate court cannot reverse the factual finding of the trial court unless

A) there was a substantial error of law.
B) a petition to the U.S. Supreme Court is made.
C) the court of last resort weighs in.
D) the case has been remanded.

Question 20

An appellate court may ________ a case and send it back to the original court for consideration.

A) reverse
B) remand
C) repeal
D) affirm

Question 21

Offenders who are in custody and under supervision in prison are typically offenders who have committed misdemeanors.

Question 22

The majority of cases are dealt with through plea bargaining.

Question 23

One of the most difficult and complicated tasks that judges can face is having to make a sentencing decision.

Question 24

Sentencing disparity involves a legal basis for differences in the type and length of sentences imposed for the same crime.

Question 25

Research suggests that three-strikes legislation has proven successful.

Question 26

Reform options such as abolishing plea bargaining, establishing plea bargaining guidelines, developing sentencing guidelines, and abolishing parole are designed to limit judicial discretion.

Question 27

A presentence report does not follow an offender past his or her sentencing.

Question 28

Administrative sentencing is comparable to determinate sentencing.

Question 29

Sentencing decisions do not consider prison populations and state resources.

Question 30

Federal judges generally are strong advocates of the Federal Sentencing Guidelines.

Question 31

The goal of deterrence by sentencing is crime reduction.

Question 32

Collateral attacks are commonly filed in state courts.

Question 33

If the accused is declared innocent, the state can appeal the verdict.

Question 34

Each state has an appellate tribunal that serves as the court of last resort.

Question 35

The main task for an appellate court is to review cases for judicial error.

Question 36

If the appellate court affirms a case, it is sent back to the original court for consideration.

Question 37

The correctional filter process by which the defendant agrees to plead guilty to a less serious charge is called ________ bargaining.

Question 38

A sentencing ideology that says punishment must be dependent on the culpability of the offender and the seriousness of the offense is known as just ________.

Question 39

A court-prepared document providing an offender's background information is called a(n) ________ report.

Question 40

A petition to higher courts to reverse procedures and protect offenders based on due process issues is called a(n) ________.

Question 41

The executive branch of government becomes involved in making punishment decisions in ________ sentencing.

Question 42

The sentencing mechanism that permits the sentence to be adjusted for special circumstances, including aggravating circumstances and the character of the offender is known as ________ sentencing.

Question 43

Discouraging crime by the imposition of harsh punishment is known as ________ by sentencing.

Question 44

The ________ protects us from government railroading.

Question 45

The legal requirement that constitutional rights must conform to constitutionally guaranteed minimums is known as ________.

Question 46

The process of appealing a decision before a decision has even been made is called a(n) ________ attack.

Question 47

The court of ________ resort is the highest appellate court in a jurisdiction.

Question 48

The refusal of a court of last resort to hear an appeal over a lower appellate court's ruling is the same as ________ the decision.

Question 49

Match the landmark Supreme Court cases with their main rulings .

-Indeterminate sentencing

A) Prisoners could research and conduct their own and others' appeals
B) A set of detailed police warnings must be given to an arrested person
C) Opened the floodgates of 14th Amendment rulings
D) The forbidding of cruel and unusual punishment is made binding
E) Defendants in noncapital cases are entitled to assistance of counsel at trial
F) Statutes permitting a jury to demand the death penalty are unconstitutional

Question 50

Match the landmark Supreme Court cases with their main rulings .

-Determinate sentencing

A) Prisoners could research and conduct their own and others' appeals
B) A set of detailed police warnings must be given to an arrested person
C) Opened the floodgates of 14th Amendment rulings
D) The forbidding of cruel and unusual punishment is made binding
E) Defendants in noncapital cases are entitled to assistance of counsel at trial
F) Statutes permitting a jury to demand the death penalty are unconstitutional

Question 51

Match the landmark Supreme Court cases with their main rulings .

-Presumptive sentencing

A) Prisoners could research and conduct their own and others' appeals
B) A set of detailed police warnings must be given to an arrested person
C) Opened the floodgates of 14th Amendment rulings
D) The forbidding of cruel and unusual punishment is made binding
E) Defendants in noncapital cases are entitled to assistance of counsel at trial
F) Statutes permitting a jury to demand the death penalty are unconstitutional

Question 52

Match the landmark Supreme Court cases with their main rulings .

-Administrative sentencing

A) Prisoners could research and conduct their own and others' appeals
B) A set of detailed police warnings must be given to an arrested person
C) Opened the floodgates of 14th Amendment rulings
D) The forbidding of cruel and unusual punishment is made binding
E) Defendants in noncapital cases are entitled to assistance of counsel at trial
F) Statutes permitting a jury to demand the death penalty are unconstitutional

Question 53

Match the landmark Supreme Court cases with their main rulings .

-Sentencing disparity

A) Prisoners could research and conduct their own and others' appeals
B) A set of detailed police warnings must be given to an arrested person
C) Opened the floodgates of 14th Amendment rulings
D) The forbidding of cruel and unusual punishment is made binding
E) Defendants in noncapital cases are entitled to assistance of counsel at trial
F) Statutes permitting a jury to demand the death penalty are unconstitutional

Question 54

Match the landmark Supreme Court cases with their main rulings .

-Deterrence by sentencing

A) Prisoners could research and conduct their own and others' appeals
B) A set of detailed police warnings must be given to an arrested person
C) Opened the floodgates of 14th Amendment rulings
D) The forbidding of cruel and unusual punishment is made binding
E) Defendants in noncapital cases are entitled to assistance of counsel at trial
F) Statutes permitting a jury to demand the death penalty are unconstitutional

Question 55

Match the landmark Supreme Court cases with their main rulings .

-Mapp v. Ohio (1960)

A) Prisoners could research and conduct their own and others' appeals
B) A set of detailed police warnings must be given to an arrested person
C) Opened the floodgates of 14th Amendment rulings
D) The forbidding of cruel and unusual punishment is made binding
E) Defendants in noncapital cases are entitled to assistance of counsel at trial
F) Statutes permitting a jury to demand the death penalty are unconstitutional

Question 56

Match the landmark Supreme Court cases with their main rulings .

-Gideon v. Wainwright (1963)

A) Prisoners could research and conduct their own and others' appeals
B) A set of detailed police warnings must be given to an arrested person
C) Opened the floodgates of 14th Amendment rulings
D) The forbidding of cruel and unusual punishment is made binding
E) Defendants in noncapital cases are entitled to assistance of counsel at trial
F) Statutes permitting a jury to demand the death penalty are unconstitutional

Question 57

Match the landmark Supreme Court cases with their main rulings .

-Miranda v. Arizona (1963)

A) Prisoners could research and conduct their own and others' appeals
B) A set of detailed police warnings must be given to an arrested person
C) Opened the floodgates of 14th Amendment rulings
D) The forbidding of cruel and unusual punishment is made binding
E) Defendants in noncapital cases are entitled to assistance of counsel at trial
F) Statutes permitting a jury to demand the death penalty are unconstitutional

Question 58

Match the landmark Supreme Court cases with their main rulings .

-Johnson v. Avery (1969)

A) Prisoners could research and conduct their own and others' appeals
B) A set of detailed police warnings must be given to an arrested person
C) Opened the floodgates of 14th Amendment rulings
D) The forbidding of cruel and unusual punishment is made binding
E) Defendants in noncapital cases are entitled to assistance of counsel at trial
F) Statutes permitting a jury to demand the death penalty are unconstitutional

Question 59

Match the landmark Supreme Court cases with their main rulings .

-Robinson v. California (1961)

A) Prisoners could research and conduct their own and others' appeals
B) A set of detailed police warnings must be given to an arrested person
C) Opened the floodgates of 14th Amendment rulings
D) The forbidding of cruel and unusual punishment is made binding
E) Defendants in noncapital cases are entitled to assistance of counsel at trial
F) Statutes permitting a jury to demand the death penalty are unconstitutional

Question 60

Match the landmark Supreme Court cases with their main rulings .

-Furman v. Georgia (1972)

A) Prisoners could research and conduct their own and others' appeals
B) A set of detailed police warnings must be given to an arrested person
C) Opened the floodgates of 14th Amendment rulings
D) The forbidding of cruel and unusual punishment is made binding
E) Defendants in noncapital cases are entitled to assistance of counsel at trial
F) Statutes permitting a jury to demand the death penalty are unconstitutional

Question 61

Why was there a rapid change in sentencing structures in the mid-1970s? Be specific.

Question 62

Why were the Federal Sentencing Guidelines of 1987 implemented? Be specific.

Question 63

What impact did the Federal Sentencing Guidelines have on sentencing procedures, and how have they been accepted?

Question 64

Why does the United States judicial system have an appeal process?

Question 65

How could a poorly prepared presentence report make a judge's job more difficult?

Question 66

What issues can sentencing disparity cause?

Question 67

How could the appellate system be made more effective?

Question 68

Explain the advantages and disadvantages of indeterminate and determinate sentencing.