Deck 9: Punishment and Sentencing

Question 1

By punishing an offender severely as an example to others achieves the goal of:

A)general deterrence.
B)rehabilitation .
C)specific deterrence.
D)incapacitation.

Answer 1

A

Question 2

Using mandatory life sentences so criminals cannot hurt other citizens is the core goal of what?

A)Restitution
B)Incapacitation
C)Retribution
D)General deterrence

Answer 2

B

Question 3

Which of the following is not one of the goals of sentencing guidelines?

A)To prioritize and allocate correctional resources
B)To reduce prison crowding
C)To increase judicial discretion
D)To establish truth-in-sentencing

Answer 3

C

Question 4

What type of sentence did an offender receive if convicted of two or more crimes and the prison sentence is completed after the longest single term has been served?

A)Consecutive sentence
B)Concurrent sentence
C)Fixed sentence
D)Determinate sentence

Question 5

What was the most common state-administered punishment in 5ᵗʰ century Roman civilization?

A)Mutilation
B)Burning at the stake
C)Banishment (exile)
D)Flogging

Question 6

What is another term that retribution advocates use to describe the concept of blameworthiness?

A)Recidivism
B)Just deserts
C)Specific deterrence
D)Severity

Question 7

What event ended the transportation of felons to North America?

A)The American Revolution
B)The philosophical writings of the Enlightenment
C)Publication of The Fatal Shore
D)Passage of the Humanitarian Act in Parliament

Question 8

Poor laws were developed in England at the end of the ____ century.

A)9th
B)11th
C)14th
D)16th

Question 9

In the case of Blakely v. Washington, the Court found that Washington state's sentencing guidelines were in violation of the ____ Amendment.

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

Question 10

Who determines the actual length of incarceration in the indeterminate sentence?

A)Judge
B)Prosecutor and the defense attorney
C)State legislature
D)Correctional agency and the judge

Question 11

What term was adopted in 12ᵗʰ century to refer to a breach of faith with one's feudal lord?

A)Lex talionis
B)Felonia
C)Sucor disco
D)Mala prohibitum

Question 12

Which goal of sentencing attempts to convince the criminal through punishment that future crime would not be in their own future best interests?

A)General deterrence
B)Retribution
C)Specific deterrence
D)Incapacitation

Question 13

What was the principle factor that shaped the punishment of criminals in the sixteenth century?

A)The spread of the black plague and the social hysteria that came with it
B)The shift from a stable to a wandering nomadic way of life
C)Sharp increases in the crime rate
D)The changing labor markets that stemmed from urbanization and colonialization

Question 14

Which punishment philosophy holds that criminal sentences should be proportional to the seriousness of the criminal act?

A)Just desert
B)General deterrence
C)Incapacitation
D)Restitution

Question 15

What type of sentence did an offender receive if upon completion of a five year term in prison for one crime, he then begins serving three years for the second of multiple crimes?

A)Concurrent sentence
B)Consecutive sentence
C)Congruent sentence
D)Conditional sentence

Question 16

What was the final fate of convicts transported to North America or Australia once their period of service was completed in the colonies?

A)They were executed.
B)They were granted pardons to gain their freedom.
C)They were returned to Europe to complete a term of imprisonment.
D)They were never released from servitude.

Question 17

Who has final say in the duration of the offender's prison stay in the determinate sentence?

A)Prosecutor
B)Parole board
C)Judge
D)Correctional authority

Question 18

Sentencing for the purpose of general deterrence has most to do with:

A)changing the offender's future behavior through fear.
B)modifying the social environment from which the offender came.
C)affecting the perception of the general public.
D)determining the proportionality of the sentence.

Question 19

"Let the sentence fit the criminal" best describes the basic philosophy of:

A)determinate sentencing.
B)mandatory minimums.
C)fixed terms.
D)indeterminate sentencing.

Question 20

A fixed term of incarceration is called what?

A)An indeterminate sentence
B)A determinate sentence
C)A mandatory minimum
D)A fixed term

Question 21

Over 100 countries actively utilize the death penalty.

Question 22

Reducing recidivism is the primary goal of a specific deterrence model.

Question 23

Which of the following statements is true?

A)Eighty-eight countries and territories have abolished the death penalty for all crimes.
B)Twenty-nine counties retain the death penalty in law but have not carried out any executions for the past ten years or more.
C)Since 1994 there have been twenty executions of juvenile offenders, including thirteen in the United States.
D)All of these statements are true.

Question 24

The death penalty is used in all states and by the federal government.

Question 25

To qualify for federal funds under truth-in-sentencing laws, states must require persons convicted of a violate felony crime to serve not less than ____ percent of the prison sentence.

A)25
B)45
C)65
D)85

Question 26

Which of the following factors is not a legitimate consideration in setting the length of a prison term?

A)The severity of the offense
B)Whether the offender used a weapon
C)Whether the crime was committed for money
D)The offender's age

Question 27

Historically, those that violated the law were considered morally corrupt.

Question 28

Which of the following statements is false?

A)Research shows a strong correlation between legal variables and the type and length of sentence received.
B)There is a clear relationship between social class and sentencing.
C)Judges may perceive women as better risks than men, thus creating gender bias in sentencing.
D)Victim characteristics may influence sentencing.

Question 29

Which 1972 Supreme Court decision ruled that the death penalty at that time violated the Eighth Amendment's protection against cruel and unusual punishment?

A)McKlesky v. Kemp
B)Gregg v. Georgia
C)Stanford v. Kentucky
D)Furman v. Georgia

Question 30

Which of the following is not an argument for the death penalty?

A)Use of discretion
B)Incapacitation
C)Deterrence
D)Proportional to the crime

Question 31

The determinate sentence is still the most widely used type of sentence in the United States.

Question 32

A sentencing target of eight to twenty-five years in prison is an example of a determinate sentence.

Question 33

General deterrence argues that crime rates should fall as the likelihood of getting punished rises.

Question 34

A number of states in the U.S. have placed a moratorium on executions until the issue of potential for error is adequately addressed.

Question 35

Death penalty researchers do not all agree that the threat of capital punishment serves as an effective deterrent to murder.

Question 36

Approximately how many known executions have been carried out in America under civil authority since 1608?

A)5,500
B)6,700
C)14,500
D)19,300

Question 37

The beginning of the Enlightenment Era marked the end of transporting criminals to America.

Question 38

In 2007, which state was the first to abolish the death penalty by law since 1972?

A)Maine
B)New Jersey
C)Illinois
D)North Dakota

Question 39

Individuals given a life sentence for capital murder have approximately a ____ percent chance of committing another homicide over a forty year term.

A)1
B)5
C)10
D)15

Question 40

In Roper v. Simmons (2005) the Court:

A)Set a limit of 18 years as the age of defendants who could be sentenced to death
B)Ruled that execution of the mentally retarded is prohibited by the Eighth Amendment
C)Ruled that only those who commit felony murder may be executed
D)Ruled that rapists may not be punished with death

Question 41

____________________ relies on a fixed term of incarceration set in law by the legislature.

Question 42

Elaborate on the relationship between race and sentencing.

Question 43

Elaborate on the major goals of criminal sentencing. What message regarding crime and criminals do each of these objectives convey?

Question 44

List the factors that influence sentencing and discuss how each factor does so.

Question 45

Elaborate on the arguments for and against capital punishment.

Question 46

Do judges have too much discretion when it comes to sentencing? Can sentencing guidelines or determinate sentencing control judicial discretion?

Question 47

Compare the notions of rehabilitation and just desert.

Question 48

The use of ____________________ factors such as offender age is a direct violation of the constitution.

Question 49

Discuss the history of punishment, including the rise of prisons.

Question 50

Elaborate on the court's involvement in concerns over the death penalty. Discuss relevant case law.

Question 51

Sentencing ____________________ are used to control and structure the sentencing process and reduce bias.

Question 52

Three-strikes laws are an example of a(n) ____________________ sentence.

Question 53

____________________ were 16ᵗʰ century English laws that were used to put vagrants and abandoned children to work.

Question 54

Describe what researchers have found concerning the death penalty as a deterrent.

Question 55

Discuss whether or not determinate, mandatory, or truth-in-sentencing models deter crime?

Question 56

Supporters of the death penalty argue that capital punishment conforms to the requirement that the punishment be ____________________ to the crime.

Question 57

A ____________________ describes the loss suffered by the victim of a crime.

Question 58

Opponents of the death penalty argue that the ____________________ of the death penalty may produce more violence.

Question 59

The ____________________ goal of punishment means that an offender must pay back the victim for their loss.

Question 60

A sentence of three to twenty years for the crime of burglary is an example of a(n) ____________________ sentence.