Deck 2: Sentencing and the Correctional Process

Question 1

With the number of plea bargains increasing over the past few years, there seems to be a transfer of power in the courtroom to the prosecutor from the:

A)media
B)defendant
C)defense attorney
D)judge

Answer 1

D

Question 2

Which type of sentence permits flexibility both in the type of sentences that are imposed and in the length of time that has to be served?

A)indeterminate sentence
B)determinate sentence
C)presumptive sentence
D)three strikes

Answer 2

A

Question 3

The court actor who is responsible for bringing the state's case against the accused is:

A)the judge
B)the prosecutor
C)the defense attorney
D)the probation officer

Answer 3

B

Question 4

Concurrent and consecutive sentences differ in:

A)amount of good time
B)severity of punishment
C)length of time to serve
D)fairness of sentences

Question 5

During trials without juries, the judge:

A)rules on appropriateness of conduct
B)settles questions of evidence
C)guides questioning of witnesses
D)all of these choices

Question 6

One or more sentences imposed at the same time and served one after the other are called:

A)consecutive sentences
B)concurrent sentences
C)mandatory minimum sentences
D)sentencing sanctions

Question 7

Sentence types and lengths are typically created by a:

A)police department
B)governor
C)panel of judges
D)legislative body

Question 8

Which of the following was not one of the first states to develop presumptive sentencing guidelines?

A)Florida
B)Pennsylvania
C)Texas
D)Washington

Question 9

Sentences with a fixed term of years to serve are:

A)indeterminate ones
B)determinate ones
C)predictive ones
D)good time ones

Question 10

Before sentencing takes place in felony cases, it is common for the court's probation staff to conduct a:

A)criminal investigation
B)background investigation
C)suitability for probation investigation
D)presentence investigation

Question 11

In the majority of felony cases sentencing is generally based on the information available to the:

A)probation officer
B)jury
C)judge
D)media

Question 12

Release after serving the required minimum portion of the sentence is a(n):

A)indeterminate sentence
B)determinate sentence
C)presumptive sentence
D)three strikes

Question 13

These are intended to ensure fair sentencing by ending the reduction of terms in prison by grants of parole, ensuring that persons committing similar crimes serve similar terms, and ensuring that sentences reflect the severity of the criminal conduct.

A)concurrent sentences
B)determinate sentencing
C)sentencing guidelines
D)sentencing fairness

Question 14

The various types of sentences that can be awarded by the courts are called:

A)sentencing sanctions
B)sentencing choices
C)sentencing alternatives
D)sentencing options

Question 15

When a jury trial is waived, the decision of guilt or innocence falls upon the:

A)judge
B)prosecutor
C)defense attorney
D)all of the participants decide the final verdict

Question 16

The most widely used type of sentence today is:

A)mandatory
B)determinate
C)indeterminate
D)presumptive

Question 17

Which of the following is not a goal of structured sentencing?

A)To regulate sentence length
B)To curb judicial discretion
C)To make sentencing more rational
D)To increase gender disparity

Question 18

In many jurisdictions, prisoners' sentences are reduced by about half. This is known as:

A)offender volunteer program
B)presumptive sentence
C)mandatory sentence
D)good time

Question 19

One or more sentences imposed at the same time and served simultaneously are called:

A)consecutive sentences
B)concurrent sentences
C)mandatory minimum sentences
D)sentencing sanctions

Question 20

The purposes of sentencing have shifted:

A)from an emphasis on utilitarian aims toward a greater focus on appropriate punishment proportionate to the harm done
B)from an emphasis on proportionate punishments to an emphasis on utilitarian aims
C)from an emphasis on just deserts to rehabilitation
D)from an emphasis on restoration to rehabilitation

Question 21

Disparities in sentencing often occur due to:

A)social status
B)race
C)gender
D)all of these choices

Question 22

Those offenders who are convicted of drug offenses and those who are unable to secure pre-trial release are mostly:

A)Whites
B)Women
C)minorities
D)teen-agers

Question 23

Most citizens are interested in offenders serving most of their imposed sentence in prison. This is known as:

A)truth-in-sentencing
B)presumptive sentencing
C)indeterminate sentencing
D)sentencing guidelines

Question 24

__________ contribute to overcrowding and longer sentences.

A)Sentencing guidelines
B)Three strikes laws
C)Truth in sentencing laws
D)All of these choices

Question 25

What is appropriate for a judge to consider in making a sentencing decision?

A)defendant's prior record
B)defendant's age
C)defendant's race
D)defendant's income

Question 26

When did federal sentencing guidelines emerge?

A)1960s
B)1970s
C) 1980s
D)1990s

Question 27

With the rise of truth-in-sentencing laws, more and more inmates were sentenced to prison and required to serve what percentage of their sentence?

A)35%
B)50%
C)85%
D)95%

Question 28

Case 2-1
Scott was arrested for the crimes of aggravated assault and possession of a firearm by a convicted felon. Scott was previously convicted of burglary, theft, assault, and several drug offenses. He previously served a one year prison sentence for the burglary conviction. Scott was only out of prison 4 months before he was arrested on these new charges. Prior to his first prison sentence, Scott was on probation for his theft, assault, and drug charges. NARREND:
Assuming that Scott is found guilty, prior to sentencing, who would conduct a presentence investigation?

A)The prosecutor
B)The judge
C)The probation officer
D)The jury

Question 29

Case 2-1
Scott was arrested for the crimes of aggravated assault and possession of a firearm by a convicted felon. Scott was previously convicted of burglary, theft, assault, and several drug offenses. He previously served a one year prison sentence for the burglary conviction. Scott was only out of prison 4 months before he was arrested on these new charges. Prior to his first prison sentence, Scott was on probation for his theft, assault, and drug charges. NARREND:
Scott decided that he was going to reject the plea deal offered by the prosecutor of two years in prison. Instead he opts for a trial where he is found guilty by a jury after 2 hours of deliberation. The judge imposes a four year sentence for the aggravated assault and a one year sentence for the possession of a firearm by a convicted felon. The judge informs Scott that the sentences will be imposed at the same time but they will be served one after the other. Therefore, Scott must serve five years in state prison. What type of sentences will Scott be serving?

A)concurrent sentences
B)consecutive sentences
C)simultaneous sentences
D)specific sentences

Question 30

Mandatory life sentences for repeat offenders are popular in many states. These laws are known as:

A)indeterminate sentences
B)determinate sentences
C)three strikes
D)presumptive sentences

Question 31

Individuals who are more dangerous and more likely to be repeat offenders are referred to as:

A)social dynamite
B)social misfits
C)social parasites
D)social venom

Question 32

Which Supreme Court case held that federal sentencing guidelines can be taken into consideration by federal judges but that they no longer had to be regarded as mandatory?

A)Blakely v. Washington
B)United States v. Booker
C)Harmelin v. Michigan
D)Rita v. United States

Question 33

Case 2-1
Scott was arrested for the crimes of aggravated assault and possession of a firearm by a convicted felon. Scott was previously convicted of burglary, theft, assault, and several drug offenses. He previously served a one year prison sentence for the burglary conviction. Scott was only out of prison 4 months before he was arrested on these new charges. Prior to his first prison sentence, Scott was on probation for his theft, assault, and drug charges. NARREND:
Who will be responsible for enforcing the criminal law by trying to obtain a conviction against Scott for the crime of aggravated assault?

A)The prosecutor
B)The judge
C)The probation officer
D)The jury

Question 34

Which law authorized funding for additional state prisons and jails in order to ensure that convicted offenders serve a large portion of their sentence?

A)The Anti-Drug Abuse Act
B)The Violent Crime Control and Law Enforcement Act
C)The Firearm Owner's Protection Act
D)The Sentencing Reform Act

Question 35

Which of the following is not a reason why the federal sentencing guidelines have been criticized?

A)Prosecutors have little use for them because of their harshness and because they shift sentencing authority to judges.
B)They were developed with insufficient attention paid to either ethical considerations of basic justice or basic concerns about their efforts on prison populations.
C)They are bias against African Americans and Hispanics even though they have the goal or removing discrimination from the sentencing process.
D)Defense attorneys believe they result in longer prison terms and prevent judges from considering mitigating circumstances.

Question 36

The sentence requiring a certain number of years of incarceration for particular crimes is a:

A)mandatory minimum sentence
B)indeterminate sentence
C)concurrent sentence
D)consecutive sentence

Question 37

Case 2-1
Scott was arrested for the crimes of aggravated assault and possession of a firearm by a convicted felon. Scott was previously convicted of burglary, theft, assault, and several drug offenses. He previously served a one year prison sentence for the burglary conviction. Scott was only out of prison 4 months before he was arrested on these new charges. Prior to his first prison sentence, Scott was on probation for his theft, assault, and drug charges. NARREND:
If the case against Scott goes to trial, who will rule on the appropriateness of conduct, settle questions of evidence, and guide the questioning of witnesses?

A)The prosecutor
B)The judge
C)The probation officer
D)The jury

Question 38

Case 2-1
Scott was arrested for the crimes of aggravated assault and possession of a firearm by a convicted felon. Scott was previously convicted of burglary, theft, assault, and several drug offenses. He previously served a one year prison sentence for the burglary conviction. Scott was only out of prison 4 months before he was arrested on these new charges. Prior to his first prison sentence, Scott was on probation for his theft, assault, and drug charges. NARREND:
Scott's five year sentence is for a definite term of five years. This is the maximum sentenced set in law by the legislature. What type of sentence will Scott be serving?

A)mandatory
B)determinate
C)indeterminate
D)presumptive

Question 39

Sentencing guidelines are:

A)Often perceived as an improper interference with the role of the judiciary
B)opposed by respected judges
C)both a and b
D)none of these choices

Question 40

Which act created the U.S. Sentencing Commission?

A)The Anti-Drug Abuse Act
B)The Violent Crime Control and Law Enforcement Act
C)The Firearm Owner's Protection Act
D)The Sentencing Reform Act

Question 41

It is appropriate for judges to consider a defendant's prior record in making their sentencing decision.

Question 42

Before sentencing takes place in felony cases, it is common for the prosecutor to conduct a presentence investigation.

Question 43

Under presumptive sentencing guidelines the governor sets the penalties for criminal acts.

Question 44

Case 2-2
Governor Smith is concerned with the crime rates in his state. He calls a special session of his cabinet and also contacts a few of the state senators to initiate a special session of Congress. Governor Smith wants to specifically address his states sentencing strategies. NARREND:
The lawmakers have their differences of opinion. One thing they certainly agree on is the fact that there are particular crimes with specific circumstances where the offender should serve time in prison. Specifically, the legislature wants to prohibit any defendant convicted of the crimes of aggravated assault, sexual assault, and any manslaughter or murder charge from being placed on probation. This type of sentence is referred to as:

A)Mandatory minimum sentencing
B)Determinate sentencing
C)Indeterminate sentencing
D)Presumptive sentencing

Question 45

Recent Supreme Court decisions ruled that federal sentencing guidelines are always mandatory.

Question 46

Sentences given by state and federal courts have traditionally been short in the United States.

Question 47

Case 2-2
Governor Smith is concerned with the crime rates in his state. He calls a special session of his cabinet and also contacts a few of the state senators to initiate a special session of Congress. Governor Smith wants to specifically address his states sentencing strategies. NARREND:
Governor Smith is particularly concerned with the fact that offenders are sentenced to a specific amount of time in prison but are being released well before their sentence expires. He wants to enact a law that requires offenders in his state to serve a substantial portion of their sentences. He is hopeful that these new laws will reduce the discrepancy between the sentence imposed and the actual time served in prison. These laws are known as:

A)Mandatory minimum sentencing laws
B)Truth in sentencing laws
C)Capital sentencing laws
D)Three strike laws

Question 48

Case 2-2
Governor Smith is concerned with the crime rates in his state. He calls a special session of his cabinet and also contacts a few of the state senators to initiate a special session of Congress. Governor Smith wants to specifically address his states sentencing strategies. NARREND:
The lawmakers believe that the legislature should set the penalties for criminal acts. This type of sentencing is known as:

A)Mandatory minimum sentencing
B)Determinate sentencing
C)Indeterminate sentencing
D)Presumptive sentencing

Question 49

A sentence of 1 to 15 years is an example of an indeterminate sentence.

Question 50

Case 2-2
Governor Smith is concerned with the crime rates in his state. He calls a special session of his cabinet and also contacts a few of the state senators to initiate a special session of Congress. Governor Smith wants to specifically address his states sentencing strategies. NARREND:
After a review of all the sentences imposed during the prior year, Governor Smith is concerned that judges are too influenced by nonlegal factors in determining the appropriate sentence. Which of the following would not be considered a nonlegal factor?

A)Age
B)Gender
C)Social Class
D)Severity of the offense

Question 51

Under mandatory minimum sentencing policies the legislature may prohibit defendants convicted of certain violent crimes from being placed on probation.

Question 52

There has been a transfer of power in the courts that has undercut the formal court process with a more informal system shaped by backroom deals and agreements.

Question 53

If a judge wants to depart from the federal sentencing guidelines he or she must justify that departure in writing.

Question 54

Case 2-2
Governor Smith is concerned with the crime rates in his state. He calls a special session of his cabinet and also contacts a few of the state senators to initiate a special session of Congress. Governor Smith wants to specifically address his states sentencing strategies. NARREND:
Currently, the state uses sentencing where the offender can be released early from a correctional institution if he or she has served a required minimum portion of his or her sentence. This type of sentence is known as:

A)Mandatory minimum sentencing
B)Determinate sentencing
C)Indeterminate sentencing
D)Presumptive sentencing

Question 55

Under the Comprehensive Crime Control Act, federal sentencing guidelines were established and parole was abolished.

Question 56

All violent felons receive very long prison sentences.

Question 57

Determinate sentencing reform has been implemented in every state.

Question 58

Three-strike laws have contributed to overcrowded prisons.

Question 59

Consecutive sentences are usually the norm.

Question 60

More than one million adults are convicted of felonies each year.

Question 61

Discuss good time and how it can affect an offender's sentence.

Question 62

A ____________________sentence is one or more sentences imposed at the same time and served simultaneously.

Question 63

In recent years, _______________ have gained greater leverage to extract guilty pleas from defendants.

Question 64

When early release occurs after an offender serves a minimum portion of the sentence, the sentence is____________________.

Question 65

Discuss the various types of structured sentences.

Question 66

In the case of _________________________________, the Supreme Court found that Washington State's sentencing guidelines violated a defendant's Sixth Amendment rights because they permitted a judge to consider aggravating factors that would increase the sentence.

Question 67

Discuss consecutive and concurrent sentences and give an example of each.

Question 68

In _________________the Court held that guidelines could be taken into consideration by federal judges but that they no longer had to be regarded as mandatory.

Question 69

How does judicial discretion affect the models of determinate and indeterminate sentencing?

Question 70

The ____________________ formally charges the jury by instructing its members on what points of law and evidence they must consider before reaching a decision of guilty or innocent.

Question 71

___________________________ give judges a recommended sentence based on the seriousness of a crime and the background of an offender.

Question 72

If prisoners become involved in serious disciplinary offenses or attempt to escape, they can lose their ____________________________.

Question 73

List and describe the at least three actors in the sentencing process.

Question 74

__________________________ is the beginning of the correctional process once an offender has been convicted.

Question 75

A form of sentencing in which the legislature sets the penalties for criminal acts is ____________________________.

Question 76

A ____________________sentence is when one or more sentences are imposed at the same time and are served one after another.

Question 77

____________________ sentencing imposes a sentence for a definite term.

Question 78

Social class, gender, age, and victim characteristics are considered ______________________ factors in sentencing.

Question 79

The ______________________can become a useful tool when an offender is placed on probation by helping to shape treatment and supervision efforts.

Question 80

Many states have enacted ________________________________ laws that requires offenders to serve a substantial portion of their sentence.