Deck 4: Sentencing

Question 1

According to a figure in the textbook, various categories of offenders in Oklahoma, Indiana, and Kentucky consider which of the following sentences to be the most severe?

A) Regular probation.
B) Halfway house.
C) Jail.
D) Prison.

Answer 1

Jail.

Question 2

According to the Chapter 4 table on types of punishment, ________ is a form of probation that requires closer supervision of the offender under increased rules and regulations.

A) day reporting
B) intensive supervision probation
C) aggravated probation
D) concentrated probation

Answer 2

intensive supervision probation

Question 3

A ________ investigation report is an informational source on which judges base their sentencing decision for adult felony offenses.

A) pretrial
B) presumptive
C) presentence
D) pre-reporting

Answer 3

presentence

Question 4

A presentence investigation report (PSI Report) is primarily used today for ________ purposes, but also can aid in the supervision of probation offenders.

A) evidence
B) arrest
C) sentencing
D) mitigating

Question 5

Under which of the following does the judge impose a flat sentence for a specific amount of time?

A) Presumptive sentencing.
B) Determinate sentencing.
C) Indeterminate sentencing.
D) Mandatory minimum sentencing.

Question 6

Under which of the following does responsibility for a prisoner's release from confinement lie with correction officials (e.g., parole board) rather than with the sentencing judge?

A) Presumptive sentencing.
B) Determinate sentencing.
C) Indeterminate sentencing.
D) Mandatory minimum sentencing.

Question 7

Judge Johnson is required by his state to refer to a matrix then issue a sentence that falls within a range of months for an offender with particular characteristics who has been convicted of a particular crime category. Judge Johnson is following

A) sentencing commission standards.
B) presumptive sentencing guidelines.
C) voluntary sentencing guidelines.
D) truth-in-sentencing statutes.

Question 8

The Minnesota sentencing guidelines uses these two major factors in the calculation of a sentence.

A) Age and criminal history.
B) Crime severity and age.
C) Race and criminal history.
D) Crime severity and criminal history.

Question 9

One of the ways we have tried to reduce sentence disparities is through

A) the use of sentencing guidelines.
B) better educated judges.
C) more minority police officers.
D) careful news coverage of criminal justice operations.

Question 10

Requiring a prison sentence, rather than some form of community corrections, for particular crimes and some offenders is called ________ sentencing.

A) presumptive
B) mandatory
C) truth-in
D) voluntary

Question 11

________ sentencing guarantees that offenders receiving a prison sentence will serve at least 85% of that sentence.

A) Voluntary
B) Presumptive
C) Mandatory
D) Truth-in

Question 12

The use of ________ factors is a strategy that allows judges to increase sentences because of special conditions.

A) aggravating
B) voluntary
C) determinate
D) presumptive

Question 13

These circumstances refer to an event or condition that makes an offense less serious than it might otherwise be and may result in a sentence lower than suggested in the guidelines.

A) Presumptive.
B) Aggravating.
C) Mitigating.
D) Mandatory.

Question 14

Which version of good time is provided in a few states (California, for example) for exceptional acts of service by the inmate?

A) Statutory.
B) Earned.
C) Meritorious.
D) Conditional.

Question 15

Good time credit received as the result of good behavior or program participation is often called

A) statutory good time.
B) earned good time.
C) meritorious good time.
D) conditional good time.

Question 16

Time off a prison sentence given automatically when inmates serve their sentence without problems is called

A) statutory good time.
B) earned good time.
C) meritorious good time.
D) conditional good time.

Question 17

Rudolph has pled guilty to criminal trespass and assault. Judge Tran sentences Rudolph to serve 2 years on the trespass charge and 5 years on the assault charge. However, Rudolph is allowed to serve both sentences at the same time and will be released in 5 years. In this case, Judge Tran has used

A) indeterminate sentencing.
B) concurrent sentencing.
C) guideline sentencing.
D) consecutive sentencing.

Question 18

According to a recent study of state good time provisions, there is considerable variation in the amount of good time available to prisoners, but the norm seems to be

A) 2 to 3 days per month.
B) 5 to 10 days per month.
C) 10 to 20 days per month.
D) 35 to 40 weeks per year.

Question 19

Evidence-based sentencing involves the use of ________ research to improve the quality of judicial decision making when determining sentence and sentencing conditions.

A) behavioral
B) cognitive
C) medical
D) scientific

Question 20

According to evidence-based practices research, sentencing to which of the following programs should be avoided since they don't reduce-or may even increase-recidivism?

A) Adult boot camps.
B) Wilderness programs.
C) "Scared straight" programs.
D) All the above are programs to which sentencing should be avoided.
E) None of these programs are ones to which sentencing should be avoided.

Question 21

One example of sentencing disparity is the ________ representation of minorities in prison.

A) disproportionate
B) increasing
C) decreasing
D) balanced

Question 22

A timeline in the chapter shows that over a five-decade period, state and federal sentencing has moved from ________ to ________.

A) truth-in sentencing / issue-based sentencing
B) harsh penalties of mandatory sentencing / a preference for prison alternative
C) a reliance on probation / a reliance on prison
D) minimal use of private prisons / minimal use of public prisons

Question 23

Research on punishment ranking indicates that compared with persons having no prison experience, those persons with experience serving prison time view a jail term as less severe than a longer sentence of community supervision.

Question 24

In several studies, white offenders have been found more likely than black offenders to view prison over community-based sanctions as the more severe sanction.

Question 25

When sentencing convicted offenders, judges must use just one sentence type.

Question 26

A sentence to confinement in a city or county facility that could be under minimum, medium, or maximum security supervision is a prison sentence.

Question 27

Information about harm or losses suffered by the victim is one type of information included in a presentence investigation report (PSI).

Question 28

Indeterminate sentencing is most appropriate with the rehabilitative punishment philosophy.

Question 29

The majority of U.S. states use a primarily determinate sentencing system.

Question 30

With presumptive sentencing guidelines, possible sentences are suggested but judges are not required to follow those suggestions.

Question 31

Mandatory sentencing provisions were passed in many states as a response to the discretion judges had in imposing a non-prison sentence.

Question 32

Laws that were enacted to ensure that actual time served would be closer to that given in the original sentence are called habitual offender statutes.

Question 33

All three-strikes laws authorize, or in some cases mandate, longer periods of incarceration for drug sales and escape.

Question 34

By 2010, three-strikes laws were being viewed less as the best way to get violent offenders off the streets and more as an unfair and costly sanction without clearly shown benefits.

Question 35

Mitigating circumstances refer to situations that require a tougher sentence.

Question 36

Good time provisions not only encourage good behavior by inmates, but also serve as a population management tool that helps control prison admissions and releases.

Question 37

Earned good time is usually given automatically (by state statute) either at the time the inmate enters prison or after monthly reviews.

Question 38

Evidence-based practices research confirms that negative sanctions are more effective than positive reinforcement.

Question 39

Results from evidence-based practices tell us that the more offenders feel they have been treated fairly, the more likely they will be to obey the law in the future.

Question 40

One reason state prison populations continue to increase is that research consistently shows that longer sentences have significant deterrent value and help reduce recidivism.

Question 41

Trends in state sentencing are clearly toward less reliance on prison and a movement away from mandatory minimum sentencing, but at the federal level there is just as clearly a decision to continue pursuing mandatory minimum sentences-especially for all types of federal drug offenders.

Question 42

A(n) ________ is a financial penalty that requires the offender to pay a specified sum on money within limits set by law.

Question 43

A(n) ________ investigation is an inquiry interview and data collection method used by a probation officer to summarize information about a convicted offender.

Question 44

The parole board and individualized sentencing are key aspects of ________ sentencing.

Question 45

Two broad approaches to sentencing are indeterminate sentencing and ________ sentencing.

Question 46

Sentencing guidelines and presumptive sentencing are examples of a(n) ________ component to a state's primary sentencing system.

Question 47

Research suggests that ________ guidelines may be more effective than voluntary guidelines in eliminating racial and ethnic disparities.

Question 48

Once ________ sentencing began, America's prison population increased dramatically.

Question 49

The theory behind mandatory sentencing is crime prevention through general ________ and "just deserts"
sentencing.

Question 50

________ circumstances refer to situations where a sentence less than recommended by the guidelines are warranted.

Question 51

By receiving credit for ________ time, an offender does not receive a longer prison sentence than does a similarly situated offender who remained at liberty in the community while awaiting trial.

Question 52

________ behavioral programs that are rooted in social learning theory and address offender attitudes and thought processes are the most effective in reducing recidivism.

Question 53

Wrongful convictions are often the result of erroneous ________ identification, false confessions, ineffective counsel, and police or prosecutor misconduct.

Question 54

Match the following terms with their meanings.

-Intensive supervision

A) Community-based facility that houses offenders and serves as midpoints between liberty in the community and deprivation of liberty in a prison.
B) Community supervision of an offender under court-imposed conditions for a specified time period during which the court can modify conditions as needed.
C) A form of short-term imprisonment that emphasizes rules and regulations and includes a combination of hard work, physical conditioning, and treatment.
D) A form of probation that requires closer supervision of the offender under increased rules and regulations governing the offender's movement and behavior.
E) A nonresidential community-based sanction that blends high levels of supervision with the delivery of specific services needed by the offender.

Question 55

Match the following terms with their meanings.

-Day reporting

A) Community-based facility that houses offenders and serves as midpoints between liberty in the community and deprivation of liberty in a prison.
B) Community supervision of an offender under court-imposed conditions for a specified time period during which the court can modify conditions as needed.
C) A form of short-term imprisonment that emphasizes rules and regulations and includes a combination of hard work, physical conditioning, and treatment.
D) A form of probation that requires closer supervision of the offender under increased rules and regulations governing the offender's movement and behavior.
E) A nonresidential community-based sanction that blends high levels of supervision with the delivery of specific services needed by the offender.

Question 56

Match the following terms with their meanings.

-Regular probation

A) Community-based facility that houses offenders and serves as midpoints between liberty in the community and deprivation of liberty in a prison.
B) Community supervision of an offender under court-imposed conditions for a specified time period during which the court can modify conditions as needed.
C) A form of short-term imprisonment that emphasizes rules and regulations and includes a combination of hard work, physical conditioning, and treatment.
D) A form of probation that requires closer supervision of the offender under increased rules and regulations governing the offender's movement and behavior.
E) A nonresidential community-based sanction that blends high levels of supervision with the delivery of specific services needed by the offender.

Question 57

Match the following terms with their meanings.

-Halfway house

A) Community-based facility that houses offenders and serves as midpoints between liberty in the community and deprivation of liberty in a prison.
B) Community supervision of an offender under court-imposed conditions for a specified time period during which the court can modify conditions as needed.
C) A form of short-term imprisonment that emphasizes rules and regulations and includes a combination of hard work, physical conditioning, and treatment.
D) A form of probation that requires closer supervision of the offender under increased rules and regulations governing the offender's movement and behavior.
E) A nonresidential community-based sanction that blends high levels of supervision with the delivery of specific services needed by the offender.

Question 58

Match the following terms with their meanings.

-Boot camp

A) Community-based facility that houses offenders and serves as midpoints between liberty in the community and deprivation of liberty in a prison.
B) Community supervision of an offender under court-imposed conditions for a specified time period during which the court can modify conditions as needed.
C) A form of short-term imprisonment that emphasizes rules and regulations and includes a combination of hard work, physical conditioning, and treatment.
D) A form of probation that requires closer supervision of the offender under increased rules and regulations governing the offender's movement and behavior.
E) A nonresidential community-based sanction that blends high levels of supervision with the delivery of specific services needed by the offender.

Question 59

Match the following terms with their meanings.

-Indeterminate sentencing

A) Requires a prison sentence for some crimes and some offenders.
B) A system wherein the convicted offender receives a sentence that covers a time range rather than a fixed period.
C) Suggested, rather than required, protocol that stipulate a time range for a judge to use when deciding a sentence.
D) A system wherein the convicted offender receives a sentence to a specific time period rather than a time range.
E) Required, rather than suggested, protocol for a judge to use when deciding a sentence.

Question 60

Match the following terms with their meanings.

-Determinate sentencing

A) Requires a prison sentence for some crimes and some offenders.
B) A system wherein the convicted offender receives a sentence that covers a time range rather than a fixed period.
C) Suggested, rather than required, protocol that stipulate a time range for a judge to use when deciding a sentence.
D) A system wherein the convicted offender receives a sentence to a specific time period rather than a time range.
E) Required, rather than suggested, protocol for a judge to use when deciding a sentence.

Question 61

Match the following terms with their meanings.

-Voluntary sentencing guidelines

A) Requires a prison sentence for some crimes and some offenders.
B) A system wherein the convicted offender receives a sentence that covers a time range rather than a fixed period.
C) Suggested, rather than required, protocol that stipulate a time range for a judge to use when deciding a sentence.
D) A system wherein the convicted offender receives a sentence to a specific time period rather than a time range.
E) Required, rather than suggested, protocol for a judge to use when deciding a sentence.

Question 62

Match the following terms with their meanings.

-Presumptive sentencing guidelines

A) Requires a prison sentence for some crimes and some offenders.
B) A system wherein the convicted offender receives a sentence that covers a time range rather than a fixed period.
C) Suggested, rather than required, protocol that stipulate a time range for a judge to use when deciding a sentence.
D) A system wherein the convicted offender receives a sentence to a specific time period rather than a time range.
E) Required, rather than suggested, protocol for a judge to use when deciding a sentence.

Question 63

Match the following terms with their meanings.

-Mandatory sentencing

A) Requires a prison sentence for some crimes and some offenders.
B) A system wherein the convicted offender receives a sentence that covers a time range rather than a fixed period.
C) Suggested, rather than required, protocol that stipulate a time range for a judge to use when deciding a sentence.
D) A system wherein the convicted offender receives a sentence to a specific time period rather than a time range.
E) Required, rather than suggested, protocol for a judge to use when deciding a sentence.

Question 64

What is the difference between determinate and indeterminate sentencing?

Question 65

Distinguish between voluntary and presumptive sentencing guidelines.

Question 66

Explain the techniques that may be used to reduce the time offenders must serve on their sentence.

Question 67

A report by the Vera Institute of Justice identifies specific ways that state legislatures are showing a willingness to rely less on imprisonment. Explain the two approaches highlighted in the chapter that reflect that willingness.

Question 68

Since perceptions of punishment seriousness varies by person, should sentences be more individualized that they currently are? For example, if black male offenders with experience in the system view community-based sentences as more severe than a jail sentence, should they be placed on probation for a longer period than they would be kept in jail?

Question 69

What are some examples of sentencing disparity and why does it exist? Should attempts be made to reduce sentencing disparity?

Question 70

Some states have passed laws that offer offenders on probation or parole early discharge or other benefits if they comply with the conditions of their supervision. Describe the arguments for this "carrots rather than sticks"
approach and explain why or why not you believe it is a good practice.