Deck 11: Sentencing

Question 1

Victim Impact statements generally have a profound impact on the sentence that a defendant receives.

Answer 1

False

Question 2

A victim-impact statement is:

A) usually a written document describing the suffering and trauma experienced by the crime victim used before sentencing.
B) usually a written document provided to the victim from the defendant as an apology for the crime.
C) unconstitutional.
D) a written statement made to the police when reporting the crime.

Answer 2

A

Question 3

Fines are one of the oldest and a widely used type of criminal sanction.

Answer 3

True

Question 4

The Restoration principle is a goal of sentencing that seeks to make the victim "whole again".

Question 5

A model of criminal justice punishment that encourages rehabilitation through the use of general relatively unspecific sentences is called:

A) retribution
B) determinate sentencing
C) indeterminate sentencing
D) structured sentencing

Question 6

The U.S.Constitutional Amendment that prohibits cruel and unusual punishment is:

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

Question 7

Which one of the following is not a main rationale in opposing the death penalty?

A) The death penalty is too expensive to justify its use.
B) The death penalty is not an effective deterrent.
C) The death penalty causes too many appeals and clogs the court system.
D) The death penalty is arbitrary.

Question 8

Proportionality is defined:

A) that caseloads be distributed equally among the available judges.
B) that a direct relationship between the severity of the sanctions and the seriousness of the crime.
C) that caseloads be distributed equally among the available prosecutors.
D) that similar crimes are punished with similar sentences

Question 9

A capital offense is punishable by death.

Question 10

The use of court-ordered community service,home detention,day reporting,drug treatment, psychological counseling,victim-offender programming,or intensive supervision in lieu of other more traditional sanctions,such as imprisonment and fines.

A) alternative sentencing
B) capital punishment
C) truth in sentencing
D) gain time

Question 11

What is the primary sentencing tool of the just deserts model?

A) fine
B) imprisonment
C) restitution
D) probation

Question 12

___________ directs the person detaining a prisoner to bring him or her before a judicial officer to determine the lawfulness of the imprisonment.

A) restorative justice
B) diversion
C) victim impact statement
D) Writ of Habeas Corpus

Question 13

Plea bargaining plays a major role in the state court system,but not in the federal system.

Question 14

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

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

Question 15

The examination of a convicted offender's background prior to sentencing that is generally conducted by probation or parole officials is called the:

A) Presentence Investigation
B) Victim's rights Investigation
C) Presumptive sentencing Investigation
D) General Deterrence Investigation

Question 16

Separating offenders from the community furthers which sentencing goal?

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

Question 17

Which one of the following is not a traditional sentencing option?

A) Fines
B) Probation
C) Death
D) Parole

Question 18

A sentence of 8 to 25 years is an example of a (n):

A) indefinite sentence.
B) unlimited sentence.
C) indeterminate sentence.
D) determinate sentence.

Question 19

In 2004 the Crime Victim's Rights Act established rights for Victim's:

A) of federal crimes.
B) by amending the U.S. Constitution.
C) for the first time under state law.
D) under the 4th Amendment of the United States Constitution.

Question 20

The opposite of mitigating circumstances in sentencing is:

A) justifying circumstances.
B) aggravating circumstances.
C) extenuating circumstances.
D) negligent circumstances.

Question 21

The act of taking revenge on a criminal perpetrator is known as ______________ in criminal sentencing.

Question 22

Define and discuss the differences between retributive and restorative justice.Which area of justice do you feel serves the public best? Why? Give examples to support your answer.

Question 23

____________ is the use of imprisonment or other means to reduce the likelihood that an offender will commit future offenses.

Question 24

________ sentencing is a model of criminal punishment that includes determinate and commission created presumptive sentencing schemes,as well as voluntary/advisory sentencing guidelines.

Question 25

Describe the presentence investigation process.Who conducts the investigation and why is it done? Who orders the investigation and what is done with the completed report.Be specific in your answer using examples when necessary.

Question 26

_______________ is the referral of an alleged offender,before the entering of a judgment by a court,to a treatment or care program.

Question 27

List and describe at least three typical aggravating and mitigating circumstances that judges may consider in arriving at sentencing decisions in presumptive sentencing jurisdictions.Discuss the pros and cons for each circumstance.

Question 28

Discuss the history of victims' rights and the related attempts to encourage victims to participate in the sentencing portion of the criminal case.What role does the victim play in criminal justice proceedings today? Discuss the differences in the state system as opposed to the federal system when it comes to victims' rights.

Question 29

Match the term in the numbered column with the answer in the lettered column.Match the fundamental sentencing principal or model definition with its corresponding title in the first column .
a.A model of criminal punishment that includes determinate and commission created presumptive sentencing schemes.
b.A sentencing principle that holds that an offender's criminal history should objectively be taken into account in sentencing decisions.
c.A model of criminal punishment in which an offender is given a fixed term of imprisonment that may be reduced by good time.
d. A sentencing principle that holds that the severity of the sanctions should bear a direct relationship to the seriousness of the crime.
Structured Sentencing

Question 30

List and define three of the five goals of criminal sentencing.Which of these goals do you believe is the most effective in dealing with defendants?

Question 31

Match the term in the numbered column with the answer in the lettered column.Match the fundamental sentencing principal or model definition with its corresponding title in the first column .
a.A model of criminal punishment that includes determinate and commission created presumptive sentencing schemes.
b.A sentencing principle that holds that an offender's criminal history should objectively be taken into account in sentencing decisions.
c.A model of criminal punishment in which an offender is given a fixed term of imprisonment that may be reduced by good time.
d. A sentencing principle that holds that the severity of the sanctions should bear a direct relationship to the seriousness of the crime.
Proportionality

Question 32

Match the term in the numbered column with the answer in the lettered column.Match the fundamental sentencing principal or model definition with its corresponding title in the first column .
a.A model of criminal punishment that includes determinate and commission created presumptive sentencing schemes.
b.A sentencing principle that holds that an offender's criminal history should objectively be taken into account in sentencing decisions.
c.A model of criminal punishment in which an offender is given a fixed term of imprisonment that may be reduced by good time.
d. A sentencing principle that holds that the severity of the sanctions should bear a direct relationship to the seriousness of the crime.
Social Debt

Question 33

Answer each part of the following questions with succinct and comprehensive information by citing examples of various models, laws, and justice theories in your answer.
Discuss the pros and cons of capital punishment.What are your thoughts on implementation of the death penalty are you for or against it and why? Discuss the role of the Writ of Habeas Corpus.Be sure to list several of the justifications and oppositions to the death penalty.

Question 34

Match the term in the numbered column with the answer in the lettered column.Match the fundamental sentencing principal or model definition with its corresponding title in the first column .
a.A model of criminal punishment that includes determinate and commission created presumptive sentencing schemes.
b.A sentencing principle that holds that an offender's criminal history should objectively be taken into account in sentencing decisions.
c.A model of criminal punishment in which an offender is given a fixed term of imprisonment that may be reduced by good time.
d. A sentencing principle that holds that the severity of the sanctions should bear a direct relationship to the seriousness of the crime.
Determinate sentencing

Question 35

Discuss the role of plea bargaining in the Federal Court System.What conditions did the Sentencing Commission place on plea bargaining.

Question 36

________ circumstances are circumstances relating to the commission of a crime that may be considered to reduce the blameworthiness of the defendant.