Deck 14: Sentencing Options

Question 1

Advocates of the due process model believe the death penalty is…

A)immoral
B)moral
C)appropriate
D)effective

Answer 1

A

Question 2

Lawsuits by inmates contending that local, county, or state officials have deprived them of their constitutional rights are often termed what?

A)conditions of confinement lawsuits
B)correctional conditions lawsuits
C)corrections conditions lawsuits
D)conditions of corrections confinement lawsuits

Answer 2

A

Question 3

The nineteenth century British criminologist who popularized deterrence theory was

A)August Comte.
B)John Stuart Mill.
C)Isaac Newton.
D)Jeremy Bentham.

Answer 3

D

Question 4

Which of the following states reported the highest levels of overcrowding?

A)Alabama.
B)New York.
C)Indiana.
D)California.

Question 5

What branch of government has the authority to choose among sentencing options?

A)the judicial branch of government
B)the executive branch of government
C)the judicial and the legislative branches of government
D)the legislative branch of government

Question 6

What branch of government typically carries out sentences?

A)the judicial branch of government
B)the executive branch of government
C)the legislative branches of government
D)the correctional branch of government

Question 7

A prison sentence that ranges from one to five years is a(n)

A)parole sentence
B)indeterminate sentence
C)mandatory minimum sentence
D)determinate sentence

Question 8

Advocates of the crime control model believe the death penalty is…

A)moral
B)immoral
C)inappropriate
D)ineffective

Question 9

What concept dominated thinking about sentencing throughout much of the 20ᵗʰ century?

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

Question 10

"Only by 'locking him up and throwing away the key' can we assure that he won't be able to rape another woman." That statement best matches which of the following purposes of punishment?

A)retribution
B)incapacitation
C)general deterrence
D)specific deterrence

Question 11

Executive branch influence on punishment is exercised through

A)mandatory minimum and determinate sentencing schemes.
B)restorative justice programs.
C)parole boards and pardons.
D)common law writs.

Question 12

In ancient societies, the primary purpose of punishment was

A)rehabilitation.
B)deterrence.
C)incapacitation.
D)retribution.

Question 13

The most commonly used punishment in the United States is

A)Restitution
B)imprisonment
C)an intermediate sanction
D)probation

Question 14

Incapacitation that focuses on offenders with a high risk of serious recidivism is termed

A)focused incapacitation
B)special incapacitation
C)selective incapacitation
D)restricted incapacitation

Question 15

What sentence specifically states the exact number of years to be served in prison?

A)determinate
B)indeterminate
C)definite
D)predetermined

Question 16

"An eye for an eye" is an example of a punishment based on

A)retribution.
B)rehabilitation.
C)incapacitation
D)deterrence.

Question 17

"He got what he deserved! I feel better knowing that wife beaters must make public apologies." That statement best matches which of the following purposes of punishment?

A)retribution
B)incapacitation
C)general deterrence
D)specific deterrence

Question 18

The Prison Litigation Reform Act severely limited the federal courts' supervisory powers over what?

A)state probation programs
B)city prisons
C)city probation programs
D)state prisons

Question 19

Which of the following is one type of intermediate sanctions?

A)electronic monitoring
B)work release
C)prison
D)parole

Question 20

Advocates of the due process model of criminal justice see the death penalty as…

A)unfairly administered
B)a deterrent
C)appropriate
D)none of these answers is correct

Question 21

A sum of money paid to the government by a person convicted of an offense as punishment is called…

A)a fine
B)restitution
C)community service
D)compensation

Question 22

The Court has narrowed the list of death-eligible offenders by striking down death penalty provisions for most crimes.Which of the following crimes remains an open question?

A)rape.
B)child rape.
C)homicide.
D)treason.

Question 23

What is it called when an offender is sentenced to a brief jail or prison sentence and then release on probation?

A)intensive supervision probation
B)shock probation
C)probation
D)parole

Question 24

Which of the following is one of the three major issues related to imprisonment as a sentence in the United States?

A)overcrowding
B)conditions of confinement lawsuits
C)high costs of incarcerating prisoners
D)all of these answers are correct

Question 25

Death-qualified juries involve exclusion of which of the following?

A)potential jurors who oppose the death penalty
B)potential jurors who have lost a loved one to murder
C)potential jurors in non-death penalty states
D)judicial instructions to jurors prior to deliberations

Question 26

Conditions of confinement lawsuits primarily involve which Amendment to the Constitution?

A)the Fifth Amendment
B)The First Amendment
C)The Second Amendment
D)The Eighth Amendment

Question 27

What two Supreme Court Rulings led to the bifurcated process for death penalty sentencing?

A)Furman v.Georgia and Gregg v.Georgia
B)Roper v.Simmons (2005) and Atkins v.Virginia (2002)
C)Gregg v.Georgia (1976) and Atkins v.Virginia (2002)
D)Atkins v.Virginia (2002)and Roper v.Simmons (2005)

Question 28

In what case, in 1972, did the U.S.Supreme Court strike down all capital punishment laws?

A)Furman v.Georgia
B)Thomas v.Georgia
C)Clark v.Georgia
D)Gregory v.Georgia

Question 29

Which sentencing philosophy encompasses the idea that offenders deserve punishment?

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

Question 30

Prevention of crime through the physical restraint of offenders is an idea incorporated in which of the following sentencing philosophies?

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

Question 31

Symbolic restitution usually involves some form of

A)community service.
B)direct payment to the victim.
C)imprisonment.
D)a fine.

Question 32

The idea that the sentence of one offender should be a warning to others is inherent in what sentencing philosophy?

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

Question 33

In what case, in 1976, did the U.S.Supreme Court upheld guided discretion death penalty laws.

A)Thurman v.Georgia
B)Granger v.Georgia
C)Tinsley v.Georgia
D)Gregg v.Georgia

Question 34

In what type of punishment does the offender directly compensate the victim for the harm caused by the criminal offense?

A)restitution
B)electronic monitoring
C)a fine
D)community service

Question 35

What is the best-known example of shock incarceration?

A)probation
B)intensive supervision probation
C)parole
D)boot camp

Question 36

How do death-qualified jurors differ from regular jurors?

A)Death-qualified jurors are more likely to be male, Caucasian, politically conservative, and middle-class.
B)Death-qualified jurors are more likely to believe in the infallibility of the criminal justice process.
C)Death-qualified jurors are more likely to weigh aggravating circumstances (i.e., arguments for death) more heavily than mitigating circumstances.
D)All of these answers are correct.

Question 37

What Amendment to the Constitution prohibits cruel and unusual punishments?

A)Fourth
B)Fifth
C)Sixth
D)Eighth

Question 38

Ideological differences in the death penalty debate focus on three central issues.What are those issues?

A)morality, deterrence, and fairness
B)morality, incapacitation, and fairness
C)ethics, deterrence, and fairness
D)morality, deterrence, and economics

Question 39

In what case did the Court declare that most U.S.death penalty laws were unconstitutional due to their arbitrary nature?

A)Furman v.Georgia (1972)
B)Roper v.Simmons (2005)
C)Gregg v.Georgia (1976)
D)Atkins v.Virginia (2002)

Question 40

Which of the following alternatives to incarceration is rarely used with felonies?

A)probation
B)restitution
C)intermediate sanctions
D)fines

Question 41

The crime control model of criminal punishment believes the death penalty is unfairly administered.

Question 42

In what landmark decision did the Court apply this standard and invalidate all 37 then-existing state death penalty statutes?

A)Furman v.Georgia (1972)
B)Coker v.Georgia (1977)
C)Gregg v.Georgia (1976)
D)McClesky v.Kemp (1987)

Question 43

The criminal control model of criminal justice believes the death penalty model should be abolished

Question 44

The federal government and one-third of the states have abolished parole board authority to release offenders.

Question 45

To proponents of the crime control model the death penalty is not a deterrent.

Question 46

Over time it has become much easier for inmates to challenge the conditions of their confinement in federal court.

Question 47

What philosophy best fits the sentence that Joe received?

A)rehabilitation
B)deterrence
C)incapacitation
D)retribution

Question 48

Good time is a mechanism used to reduce overcrowding.

Question 49

In 2008 the Court upheld the constitutionality of what form of execution?

A)Electrocution
B)Hanging
C)Gas poisoning
D)Lethal injection

Question 50

Only the judge has the legal authority to send a guilty person to prison or to grant probation.

Question 51

Much scholarly research has demonstrated that the effectiveness of law as a deterrent is dependent on three primary factors: severity, certainty, and celerity.

Question 52

The executive branch of government becomes involved in punishment by way of pardons and parole.

Question 53

In Europe it is rare for a defendant to be sentenced to serve more than five years in prison.

Question 54

What philosophy does George's victim impact statements best represent?

A)incapacitation
B)restoration
C)deterrence
D)retribution

Question 55

American prison populations have been leveling off since 1995.

Question 56

Advocates of the due process model believe that the death penalty is unfairly administered.

Question 57

In the bifurcated process used in death penalty cases, during the first phase of the trial the jury considers only guilt or innocence.

Question 58

Pardons are a common method of prisoner release.

Question 59

According to Bentham, punishment based on retribution was productive.

Question 60

Victim impact statements belong in what sentencing philosophy?

A)rehabilitation
B)deterrence
C)restoration
D)incapacitation

Question 61

The idea that offenders deserve punishment lies at the heart of _____.

Question 62

The _____ branch of government defines the range of possible punishment for a given crime.

Question 63

The Prison Litigation _____Act (1996) limits the ability of inmates to file civil rights actions.

Question 64

The _____ model of criminal justice believes the death penalty should be abolished because it is morally wrong for the state to take a life.

Question 65

There are more white offenders on death row than minority offenders.

Question 66

For a death penalty law to be constitutional it must provide for a bifurcated trial process.

Question 67

Southern states account for the most capital sentences but not the most executions.

Question 68

The increasing use of probation is a direct reflection of the serious problem of prison overcrowding.

Question 69

Prisoners have sued under 42 U.S.C.§ 1983 (see Chapter 2), in what are often termed _____ of _____lawsuits.

Question 70

Members of racial minorities are more likely than whites to be executed.

Question 71

The idea that fear of punishment will prevent crime is called _____.

Question 72

The United States is one of many Western democracies that use capital punishment.

Question 73

The President and state governors have the authority to issue _____ to convicted offenders.

Question 74

The goal of _____ is to prevent the commission of future crimes.

Question 75

The term death-_____ refers to crimes that are punishable by death.

Question 76

Imprisonment has always been the dominant form of punishment.

Question 77

A prisoner may advance their date of release in prison by earning _____ time credit.

Question 78

Only about one-third of prisoners serve their full sentences and are then released unconditionally.

Question 79

Restitution is infrequently ordered in federal court because judges find that most defendants do not have the ability to pay the victim.

Question 80

Probation is one alternative to incarceration.