Deck 9: Punishment and Sentencing

Question 1

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

Answer 1

True

Question 2

"Just Desert" means that the offender should pay back the victim or their family for the pain that they have caused.

Answer 2

False

Question 3

A defendant's Sixth Amendment right is diminished if juries are not instrumental in determining the outcome of a capital case.

Answer 3

True

Question 4

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

Question 5

In early Greece and Rome, interpersonal violence was viewed as a private matter.

Question 6

Once good time is earned by inmates, it cannot be revoked even if the inmates break rules or get into fights.

Question 7

Specific deterrence is the theory that crime rates are influenced and controlled by the threat of criminal punishment.

Question 8

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

Question 9

Three-strikes laws are a widely known form of determinate sentencing, providing lengthy prison terms for any person convicted of three serious offenses.

Question 10

The future of structured sentencing guidelines is unclear because they may violate a defendant's Sixth Amendment rights.

Question 11

The development of common law in the eleventh century brought some standardization to penal practices.

Question 12

The chivalry hypothesis states that women benefit from sentence disparity because the system is dominated by men who have a protective attitude toward women.

Question 13

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

Question 14

Truth in sentencing is designed to fight a rising crime rate by requiring offenders to serve a greater portion of their sentence.

Question 15

A sentencing target of 8-25 years in prison is an example of a determinate sentence.

Question 16

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

Question 17

Indeterminate sentences use sentencing guidelines.

Question 18

Whether the crime was committed for monetary gain is one of the factors that affect sentencing.

Question 19

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

Question 20

The brutalization effect is a hypothesis that states that the longer an offender is incarcerated, the more likely they are to become violent.

Question 21

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 22

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 23

Most industrialized countries in the world have abolished the death penalty.

Question 24

In a concurrent sentence, a prisoner is serving a sentence for two or more criminal acts one after another.

Question 25

Approximately _____ of the states have three-strikes laws but nearly ____ of them require the third felony be a serious one.

A)one-fourth; half
B)half; all
C)three-fourth; none
D)90 percent; all

Question 26

What is the core goal of using mandatory life sentences so criminals cannot hurt other citizens

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

Question 27

A fixed term of incarceration is called a(n):

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

Question 28

What term was adopted in the twelfth century to refer to a breach of faith with one's feudal lord

A)Lex talionis
B)Felonia
C)Wergild
D)Mala prohibitum

Question 29

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 30

What was the most common state-administered punishment in fifth century Roman civilization

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

Question 31

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)changing the perception of the general public.
D)determining the proportionality of the sentence.

Question 32

Research reveals that it is the victim's race, rather than the offender's, that structures sentencing outcomes: minority defendants are sanctioned more severely if their victim is white than if their victim is a fellow minority group member.

Question 33

Punishing an offender severely to serve as an example to others achieves the goal of:

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

Question 34

Research supports an association between social class and sentencing, with members of the lower class likely to get a longer sentence than those more affluent.

Question 35

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

A)ninth
B)eleventh
C)fourteenth
D)sixteenth

Question 36

According to the Innocence Project, more than 325 DNA (deoxyribonucleic acid) exonerees have been released from death row after being convicted of crimes they did not commit.

Question 37

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

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

Question 38

Who determines the actual length of incarceration in an indeterminate sentence

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

Question 39

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 40

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 colonization.

Question 41

In the 1800s what type of punishment represented liberal reform

A)Wergild
B)Indentured servants
C)Penitentiaries
D)Hard labor work camps

Question 42

Caroline has been arrested for shoplifting at Bloomingdales. This is not her first offense and at trial she is found guilty. The judge decides the appropriate punishment is to cut off Caroline's hand so she will not be able to shoplift again.
If Bloomingdales existed in every century, when would we find this sentence as a popular punishment

A)Eleventh century
B)Twelfth century
C)Thirteenth century
D)Fourteenth century

Question 43

The year is 1725 and Gregory's grandson has just been convicted of robbery. Once his grandson serves his sentence, what will happen to him

A)He will be free again.
B)He will be tortured to death.
C)He will be transported for hard labor.
D)He will be hung in the gallows.

Question 44

In cases where the offender is convicted of two or more charges, and the judge's sentences begin on the same day and are completed when the longest term is served it is called a _____________ sentence.

A)consecutive
B)determinate
C)concurrent
D)mandatory maximum

Question 45

The average time it takes to carry out an execution is 12 years because of:

A)numerous appeals.
B)time between conviction and jury decision.
C)sentencing by the judge.
D)prison administration delays.

Question 46

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 47

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 48

What was the most likely punishment during that time if Gregory was caught stealing

A)Exile and banishment
B)Torture and corporal punishment
C)Capital punishment (death)
D)Hard labor

Question 49

Which statement is false

A)Research shows a strong correlation between legal variables and the type and length of sentence received.
B)There is a clear and concise 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 50

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 51

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 52

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

Question 53

"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 54

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

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

Question 55

Caroline has been arrested for shoplifting at Bloomingdales. This is not her first offense and at trial she is found guilty. The judge decides the appropriate punishment is to cut off Caroline's hand so she will not be able to shoplift again.
Amputation of a hand or other body part as punishment for a crime of shoplifting aligns best with which goal of punishment

A)The pain of punishment is greater than the reward.
B)Punishment keeps people from repeating their crimes.
C)An equitable solution to the crime.
D)A punishment that is proportionate to their crime.

Question 56

Which of the following is true

A)One hundred and thirty nine countries have abolished the death penalty in law or practice or for certain crimes.
B)There are 58 retentionist countries.
C)Today, about 40 percent of inmates on death row are African-American.
D)All of these statements are true.

Question 57

Caroline has been arrested for shoplifting at Bloomingdales. This is not her first offense and at trial she is found guilty. The judge decides the appropriate punishment is to cut off Caroline's hand so she will not be able to shoplift again.
If Caroline had been put to death for her crimes of shoplifting, what philosophy or goal would that punishment best align with

A)Wergild
B)Specific deterrence
C)General deterrence
D)Just desert

Question 58

Approximately how many known executions have been carried out in the United States under civil authority since 1608

A)8,000
B)10,000
C)15,000
D)20,000

Question 59

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

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

Question 60

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 61

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

Question 62

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

Question 63

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

Question 64

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

Question 65

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

Question 66

Due to _____, hundreds of wrongfully convicted individuals have been exonerated in recent years.

Question 67

Severity of the offense, criminal record, use of a weapon, and use of violence are _____ variables considered in sentencing.

Question 68

Jeff Johnson is the newest judge to take the bench in the fifth district of Virginia. He spent 25 years as a prosecutor before being elected to the court. He is known for his lenient views on drugs and his extreme conservative views on crimes of violence. Judge Johnson is about to sentence a drug offender who has been convicted for the third time.
Rebecca is a 37-year old black woman standing in front of Judge Johnson in absolute disbelief that she has not received a life sentence for killing her husband while he slept. She was in an abusive marriage. Instead, she received a 5-year sentence. How can you best explain Judge Johnson's decision

A)Judge Johnson is also black and therefore has more sympathy.
B)Older offenders get sentenced to lesser punishments than the young.
C)Minorities are sentenced to more prison time than whites.
D)Women are more likely to be treated leniently.

Question 69

The suggestion that low rates of female crime are a reflection of the leniency of police and judges toward female offenders is the __________.

Question 70

Jeff Johnson is the newest judge to take the bench in the fifth district of Virginia. He spent 25 years as a prosecutor before being elected to the court. He is known for his lenient views on drugs and his extreme conservative views on crimes of violence. Judge Johnson is about to sentence a drug offender who has been convicted for the third time.
Judge Johnson believes that that an offender who is dead cannot commit any more crime. What is his rationale for supporting the death penalty

A)Harsh punishment is morally correct.
B)The most serious punishment is for the most serious crime.
C)It is justified to reduce the crime rate.
D)Homicide rates increase when the death penalty isn't used.

Question 71

Jeff Johnson is the newest judge to take the bench in the fifth district of Virginia. He spent 25 years as a prosecutor before being elected to the court. He is known for his lenient views on drugs and his extreme conservative views on crimes of violence. Judge Johnson is about to sentence a drug offender who has been convicted for the third time.
Sean is a methamphetamine addict, he shot and killed the owner of a video store during a robbery, and he assaulted one of the employees of that video store so badly she will never walk again. If Judge Johnson was going to sentence Sean to more than 5 years in prison, what should Judge Johnson consider above all other factors in sentencing him

A)Sean's violent tendencies
B)Sean's addiction to meth
C)Sean's motivation for robbery
D)Sean's use of a weapon

Question 72

A sentence of 3-20 years for the crime of burglary is an example of a(n) ____________________ sentence.

Question 73

____________ are a set of standards that define parameters for trial judges to follow in setting sentences.

Question 74

Jeff Johnson is the newest judge to take the bench in the fifth district of Virginia. He spent 25 years as a prosecutor before being elected to the court. He is known for his lenient views on drugs and his extreme conservative views on crimes of violence. Judge Johnson is about to sentence a drug offender who has been convicted for the third time.
Judge Johnson views drug abuse as a sickness and a public health issue, not a criminal issue. What type of sentencing for this defendant would the judge likely favor

A)Concurrent sentencing
B)Indeterminate sentencing
C)Determinate sentencing
D)Structured sentencing

Question 75

Prison sentences served simultaneously and run together are ______ sentences.

Question 76

A crime control policy suggesting that punishment should be severe enough to convince convicted offenders never to repeat their criminal actions is _________.

Question 77

In Ring v. Arizona, the court found that ________, not judges, must make the critical findings that send convicted killers to death row.

Question 78

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

Question 79

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

Question 80

A prisoner that is sentenced for two crimes and serves his sentences one after the other is serving ______ sentences.