Deck 10: Punishment and Sentencing

Question 1

When this element of deterrence is met,the punishment is inflicted as soon as possible following the offense.

A) Celerity
B) Rapid
C) Certainty
D) Severity

Answer 1

A

Question 2

If the individual decides that the threat of punishment (such as a prison sentence)is undesirable,then __________ suggests that that particular individual will make the decision not to engage in the criminal behavior.

A) general deterrence
B) specific deterrence
C) individual deterrence
D) retributive deterrence

Answer 2

B

Question 3

Under a(n)_____________ scheme,the law proscribes the specific punishments.

A) determinate sentencing
B) indeterminate sentencing
C) retributive sentencing
D) mandatory sentencing

Answer 3

D

Question 4

The theory of __________ argues that a punishment for a crime should be proportional or equal to the crime itself.

A) equal justice
B) parens patraie
C) just deserts
D) lex talionis

Question 5

This sentencing philosophy focuses on reforming criminal behavior so that the offender does not need or want to engage in future acts of crime.

A) Incapacitation
B) Deterrence
C) Rehabilitation
D) Reformative

Question 6

One of the major criticisms of ____________ practices is that they prevent the judge from considering the unique characteristics of the offense or the offender in handing down a sentence.

A) determinate sentencing
B) indeterminate sentencing
C) retributive sentencing
D) mandatory sentencing

Question 7

This is a concept from ancient law that means "an eye for an eye".

A) Lex retributis
B) Lex talionis
C) Parens patriae
D) Parens retributis

Question 8

________ suggests that,if people fear the punishments that others receive,they will decide not to engage in similar acts as they do not want to risk the potential punishment for themselves.

A) General deterrence
B) Specific deterrence
C) Individual deterrence
D) Retributive deterrence

Question 9

__________ is when the offender is sentenced to a specific term.

A) Determinate sentencing
B) Indeterminate sentencing
C) Retributive sentencing
D) Mandatory sentencing

Question 10

Shelly is reasonably sure that she will be sentenced to prison for life if she kills her boyfriend.Which element of deterrence is met in this scenario?

A) Celerity
B) Rapid
C) Certainty
D) Severity

Question 11

After seeing how badly Cameron was punished for robbery,Jason decides not to engage in the crime himself.What type of deterrence is being addressed in this scenario?

A) General deterrence
B) Specific deterrence
C) Individual deterrence
D) Retributive deterrence

Question 12

This is the only punishment philosophy that places the victim at the core of all decision-making.

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

Question 13

Which of the following is not one of the necessary elements of deterrence?

A) Swiftness
B) Celerity
C) Certainty
D) All of these are elements of deterrence

Question 14

_____________ practices generally set a minimum sentence length.

A) Determinate sentencing
B) Indeterminate sentencing
C) Retributive sentencing
D) Mandatory sentencing

Question 15

One of the major differences in this sentencing philosophy is that it does not take into consideration whether the punishment will lead to future change in the offender's behavior.

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

Question 16

Under this sentencing philosophy,justice becomes an opportunity for healing.

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

Question 17

__________ suggests that offenders will be discouraged from committing crime if they fear the punishments that are associated with these acts.

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

Question 18

__________ refers to the practice of removing offenders from society so that they will not engage in criminal behaviors for a certain period of time.

A) Incapacitation
B) Deterrence
C) Rehabilitation
D) Reformative

Question 19

When this element of deterrence is met,offenders are aware that engaging in the action will lead to them being punished.

A) Celerity
B) Rapid
C) Certainty
D) Severity

Question 20

For the crime of rape,the law in Robert's state requires that he receive a 20-year prison sentence.This is an example of what type of sentencing?

A) Determinate sentencing
B) Indeterminate sentencing
C) Retributive sentencing
D) Mandatory sentencing

Question 21

Federal sentencing guidelines now serve as a(n)________ practice.

A) advisory
B) mandatory
C) retributive
D) reformative

Question 22

The primary method of execution used today is _________.

A) hanging
B) lethal gas
C) lethal injection
D) electrocution

Question 23

One of the more notable features of the Anti-Drug Abuse Act (1986)was that it mandated a sentence of 5 years for the possession of 500 grams of powder cocaine,yet gave the same sentence for only 5 grams of crack cocaine.

Question 24

Determinate sentencing allows for no opportunity for an early release based on the behavior of the offender,also known as parole.

Question 25

In the case of Blakely v.Washington,the Court held that the state sentencing guidelines that were used by Washington State violated a defendant's sixth amendment rights to a trial by jury.

Question 26

Retribution is a punishment philosophy that is based on the concept of lex talionis.

Question 27

As part of the ____________ of 1984,the U.S.Sentencing Commission was tasked with crafting sentencing guidelines at the federal level.

A) Federal Sentencing Guideline Act
B) Sentencing Reform Act
C) Sentencing Philosophy Act
D) Federal Reform Act

Question 28

General deterrence looks at how individual behaviors are curbed as a result of Becarria's pain-pleasure principle.

Question 29

The _______ decision separated the guilt and sentencing decisions into two separate trials.

A) Kendall v. United States
B) Johnson v. United States
C) Gregg v. Georgia
D) Furman v. Georgia

Question 30

One of the key features of the Sentencing Reform Act of 1984 was the abolition of parole boards at the Federal level.

Question 31

Celerity means that offenders needs to be reasonably aware that if they engage in a criminal act,that they will be apprehended and punished.

Question 32

Restoration is the only punishment philosophy that places the victim at the core of all decision-making.

Question 33

One of the most popular uses of mandatory minimum sentencing was the war on drugs.

Question 34

The concept of reformation focuses on reforming criminal behavior so that the offender does not need or want to engage in future acts of crime.

Question 35

Currently,there are _____ states (as well as the federal government and the military)that allow for the use of the death penalty.

A) 19
B) 22
C) 31
D) 46

Question 36

Each federal crime is classified on the basis of its severity level and is ranked on a scale of _______.Depending on the specific circumstances of the crime and the defendant's role in the offense,this value may be increased.

A) 1-22
B) 1-43
C) 1-50
D) 1-100

Question 37

The first use of the death penalty in the United States involved the execution of Capitan George Kendall in 1608 for this offense.

A) Rape
B) First-degree murder
C) Kidnapping
D) Treason

Question 38

The U.S.Supreme Court determined in ______ that the administration of the death penalty at that time constituted cruel and unusual punishment,and violated the eighth amendment of the Constitution.

A) Kendall v. United States
B) Johnson v. United States
C) Gregg v. Georgia
D) Furman v. Georgia

Question 39

This case challenged the lethal injection process in the state of Kentucky.The Court addressed whether the use of sodium thiopental as a sedative,which was designed to render the inmate unconscious while drugs designed to stop their heart and lungs from functioning were administered,constituted cruel and unusual punishment.

A) Batson v. Kentucky
B) Baze v. Rees
C) Blaze v. Kentucky
D) Batson v. Rees

Question 40

Recent execution history in the United States has involved five methods of execution.Which of the following is not one of these methods?

A) Hanging
B) Lethal gas
C) Firing squad
D) Beheading

Question 41

Mandatory sentences have effectively eliminated judicial discretion from the criminal justice system.

Question 42

Explain the sentencing philosophy of deterrence.Provide one example to illustrate this philosophy.

Question 43

The current primary method of execution is lethal injection,which was first adopted by the state of Texas in 1977 and first used by the state of California in 1982.

Question 44

What is the major significance of the Furman v.Georgia decision?

Question 45

What are the five recent execution mechanisms that have been used in the United States?

Question 46

Explain the classification of federal crimes based on the federal sentencing guidelines.

Question 47

The Furman v.Georgia decision separated the guilt and sentencing decisions into two separate trials.

Question 48

What is one major critique of the federal sentencing guidelines discussed in the text?

Question 49

How are federal sentencing guidelines used by states today?

Question 50

Explain the sentencing philosophy of retribution.Provide one example to illustrate this philosophy.

Question 51

Most criminologists argue that the death penalty is not a deterrent.Explain why this is the case.

Question 52

Explain and provide one example of indeterminate sentencing.

Question 53

Recent execution history in the United States has involved five methods of execution: beheading,firing squad,electrocution,lethal gas,and lethal injection.

Question 54

Explain the sentencing philosophy of incapacitation.Provide one example to illustrate this philosophy.

Question 55

Determinate sentencing was first featured during the progressive era of the late 1800s.

Question 56

Explain the sentencing philosophy of restoration.Provide one example to illustrate this philosophy.

Question 57

Explain and provide one example of mandatory sentencing.

Question 58

Explain the sentencing philosophy of rehabilitation.Provide one example to illustrate this philosophy.

Question 59

What is the major significance of the Gregg v.Georgia decision?

Question 60

Explain and provide one example of determinate sentencing.

Question 61

Discuss electrocution as a method of execution and note where it is used.

Question 62

What factors do sentencing guidelines take into account?

Question 63

Discuss what a firing squad is and where it is used.

Question 64

Which sentencing philosophy should the criminal justice system focus on? Why?

Question 65

Discuss how hanging works as a method of execution and where it is used.

Question 66

List and describe the different correctional philosophies.

Question 67

Describe the legal history of capital punishment.Cite court cases when appropriate.

Question 68

Describe the trend in executions since 1976.

Question 69

Should there be sentencing guidelines? Defend your response.

Question 70

What are some of the drawbacks of mandatory sentencing?

Question 71

Argue for or against capital punishment.Select an opposing argument and counter that.

Question 72

What are some of the benefits of mandatory sentencing?

Question 73

Should we have three-strikes laws (also known as habitual sentencing laws)? Explain.

Question 74

What is the difference between determinate sentencing and indeterminate sentencing? What goals of punishment are consistent with each one?