Deck 2: Sentencing and the Correctional Process

Question 1

Which type of crime is punishable by one year or more of incarceration?

A) felony
B) misdemeanor
C) drug
D) infraction

Answer 1

felony

Question 2

Which of the following is TRUE of pretrial diversion programs?

A) Pretrial diversion programs offer people charged with crimes alternatives to traditional criminal justice proceedings.
B) Pretrial diversion programs occur after a finding of guilt.
C) Pretrial diversion programs are used for major offenders of laws, such as murder or aggravated assault.
D) All offenders with successful pretrial diversion programs have a formal criminal record of the offense.

Answer 2

Pretrial diversion programs offer people charged with crimes alternatives to traditional criminal justice proceedings.

Question 3

Which of the following is an advantage of a diversionary treatment program?

A) Diversionary treatment programs cost considerably more than criminal justice processing.
B) Diversionary treatment programs increase the demands on the court to process the case as a criminal activity.
C) With diversionary treatment programs, offenders avoid the stigma associated with a criminal conviction.
D) Diversionary treatment programs generally do not involve community treatment programs.

Answer 3

With diversionary treatment programs, offenders avoid the stigma associated with a criminal conviction.

Question 4

Which 1987 U.S. Supreme Court decision upheld the ability of a magistrate to confine an offender on the presumption that he or she was dangerous?

A) Bell v. Wolfish
B) Williams v. New York
C) United States v. Salerno
D) Miranda v. Arizona

Question 5

Which of the following is a pledge of money or property in exchange for a promise to return for further criminal processing?

A) plea bargain
B) surety
C) release on recognizance
D) bail

Question 6

In which country did pretrial release programs originate?

A) England
B) China
C) United States
D) Babylon

Question 7

Which of the following is a problem with the system of bail as a requirement for release?

A) The bail process discriminates against the poor.
B) The bail process does not allow freedom to be bought.
C) The ability to "make bail" is closely related to the risk of the offender.
D) The availability of financial resources is closely related to the risk of the offender.

Question 8

Which of the following is an alternative to bail?

A) preventive detention
B) personal recognizance
C) pretrial diversion
D) deferred prosecution

Question 9

Which of the following accurately describes plea bargaining?

A) Plea bargaining is a contract in which the plaintiff pleads guilty in exchange for reduced compensation.
B) Plea bargaining is a contract in which the defendant refuses to plead guilty in exchange for a reduced sentence.
C) Plea bargaining is an agreement in which the defendant enters a plea of guilty in exchange for a reduced sentence.
D) Plea bargaining is an agreement in which the plaintiff refuses to plead guilty in exchange for a compensation.

Question 10

Which of the following is included in a presentence investigation (PSI)?

A) information about the prosecution
B) the offender's final sentence
C) a list of sentences from similar cases
D) the range of allowable sanctions

Question 11

For which of the following is a presentence investigation used?

A) initiating a plea bargain deal
B) determining the amount of bail
C) sentencing by the court
D) providing details solely in misdemeanor cases

Question 12

What percentage completion of sentence does the truth in sentencing reform require?

A) 50 percent
B) 95 percent
C) 65 percent
D) 85 percent

Question 13

Which of the following is NOT a sentencing option?

A) capital punishment
B) community service
C) parole
D) probation

Question 14

Which of the following sentencing options authorized in state penal codes requires an offender to pay a fine or do community service in exchange for a waiver on jail time?

A) short-time confinement
B) imprisonment
C) capital punishment
D) economic sanctions

Question 15

Which of the following is TRUE of indeterminate sentences?

A) Determinate sentences have fixed term of sentences.
B) Offenders are eligible for release following the completion of the term to be served.
C) Offenders are subject to release by parole boards.
D) Truth in sentencing is a form of indeterminate sentences.

Question 16

Who initiated the concept of "good time"?

A) Alexander Maconochie
B) the U.S. Supreme Court
C) Jeremy Bentham
D) Cesare Beccaria

Question 17

In which of the following sentencing models do judges have primary discretion in creating the sentence?

A) mandatory minimum sentencing
B) administrative form of sentencing
C) judicial form of sentencing
D) legislative form of sentencing

Question 18

In presumptive sentencing, what do mitigating circumstances indicate to a judge?

A) that the felon is a third-time offender
B) reasons to increase punishment
C) that capital punishment is appropriate
D) reasons for leniency

Question 19

Which of the following is a reason why states have adopted sentencing guidelines?

A) Guidelines provide uniformity, ensuring that similar crimes merit similar sentences.
B) Guidelines relieve judges of the burden of providing written explanations for their decisions.
C) Guidelines increase prison jobs by promoting harsh sentences for minor offenses.
D) Guidelines discourage the use of planners for predicting the number of inmates in prisons.

Question 20

Which of the following is a goal of mental health courts?

A) increasing the repetition of contacts with the criminal justice system
B) dealing with the underlying drug issues of clients
C) stopping the use of communities to treat mentally ill individuals
D) increasing public safety by reducing criminal activity by mentally ill individuals

Question 21

The police, the courts, and judges make up the three major components of the criminal justice system.

Question 22

Fewer than 30 percent of felony cases result in a guilty plea by the defendant, and instead go to trial.

Question 23

Most states require presentence investigations (PSIs) for felony cases that allow the possibility of probation.

Question 24

The presentence investigation is intended to assist courts in the sentencing decision.

Question 25

Historically, the presentence investigation was short, factual without opinion, and designed to avoid legal challenges by the defense.

Question 26

Intermediate sanctions provide less supervision and monitoring than standard probation.

Question 27

In criminal cases, offenders can be charged with more than one crime or with several counts of the same crime.

Question 28

By the beginning of the twentieth century, preparation for release was considered an important part of the prison experience, and correctional systems provided programs to prepare inmates for the community transition.

Question 29

In 1994, California restricted the definition of three-strikes laws to exclude some second-felony offenders.

Question 30

Drug courts are usually a unit within the court system.

Question 31

Mental health courts are merely drug courts handling the mentally ill.

Question 32

A crime that is punishable by less than one year of incarceration is a felony.

Question 33

Pretrial diversion programs are also referred to as "deferred prosecution" or "probation without adjudication."

Question 34

Good time is used only in determinate sentences because it allows inmates to reduce the jail term until their eligibility for release.

Question 35

Under mandatory minimum sentences, the sentencing judge may impose a sentence of probation, assess a fine, or suspend the prison sentence as long as a reason is given.

Question 36

Nonincarceration sentences include economic sanctions, probation, and intermediate sanctions.

Question 37

________ is the imposition of a criminal sanction by a judicial authority.

Question 38

________ courts usually handle all the required judicial steps in one hearing and are often referred to as "assembly-line justice."

Question 39

________ detention refers to detaining an accused person in jail in order to protect the community from crimes he or she is likely to commit if set free before trial.

Question 40

A person who guarantees the accused person's appearance in court is a(n) ________.

Question 41

Release on ________ refers to release from jail based only on the defendant's promise to appear for further court procedures.

Question 42

Plea ________ is an agreement in which the defendant enters a plea of guilty in exchange for a reduced sentence in comparison to the sentence allowable for the charged offense.

Question 43

A requirement that an offender pay a fine or restitution to the victim as a part of the sentence is a(n) ________ sanction.

Question 44

A prison sentence that is suspended on the condition that the offender follow certain prescribed rules and commit no further crimes is ________.

Question 45

________ sentencing is a predetermined range of a minimum, average, and maximum term for a specific crime for a "typical" offender, with allowances for mitigating and aggravating circumstances to be considered.

Question 46

________ in sentencing requires completion of 85 percent of the sentence before prisoners are eligible for release.

Question 47

A sentence of a fixed term is a(n) ________ sentence.

Question 48

________ time is a reward for good behavior in prison that gives inmates an opportunity to reduce their time in prison.

Question 49

________ minimum sentences require that for certain crimes or for certain types of offenders there must be a sentence to prison for a set minimum term.

Question 50

Laws that require judges to sentence third-time felons to extremely long or life sentences are called three-________ laws.

Question 51

Sentencing ________ provide a system of structured sentences based on measures of offense severity and criminal history that is used to determine the length of the imprisonment.

Question 52

Match the sentencing option with the correct definition.

-Economic sanctions

A) Offender pays a fine or restitution
B) Midrange punishments that fall between probation and imprisonment
C) Sentence in jail for one year or less
D) Sentence in prison for one year to life
E) Prison sentence that is suspended for community supervision

Question 53

Match the sentencing option with the correct definition.

-Probation

A) Offender pays a fine or restitution
B) Midrange punishments that fall between probation and imprisonment
C) Sentence in jail for one year or less
D) Sentence in prison for one year to life
E) Prison sentence that is suspended for community supervision

Question 54

Match the sentencing option with the correct definition.

-Intermediate sanctions

A) Offender pays a fine or restitution
B) Midrange punishments that fall between probation and imprisonment
C) Sentence in jail for one year or less
D) Sentence in prison for one year to life
E) Prison sentence that is suspended for community supervision

Question 55

Match the sentencing option with the correct definition.

-Short term confinement

A) Offender pays a fine or restitution
B) Midrange punishments that fall between probation and imprisonment
C) Sentence in jail for one year or less
D) Sentence in prison for one year to life
E) Prison sentence that is suspended for community supervision

Question 56

Match the sentencing option with the correct definition.

-Imprisonment

A) Offender pays a fine or restitution
B) Midrange punishments that fall between probation and imprisonment
C) Sentence in jail for one year or less
D) Sentence in prison for one year to life
E) Prison sentence that is suspended for community supervision

Question 57

Compare felonies and misdemeanors and give examples of each.

Question 58

Explain the benefit of bail to an offender.

Question 59

How could the plea bargaining process be a potential detriment to the accused?

Question 60

What is the benefit of including personal and life history information in an offender's PSI?