Deck 11: Punishment and Sentencing

Question 1

In which Supreme Court case was it decided that the federal cocaine sentencing guidelines, like other guidelines, are advisory

A)Manning v. Brady
B)Kimbrough v. United States
C)Briggs v. Jackson County
D)Orsagos v. United States

Answer 1

B

Question 2

On average, about how many people are executed in the United States each year

A)10-20
B)40-50
C)75-80
D)About 100

Answer 2

B

Question 3

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

A)Determinate sentencing.
B)Mandatory sentencing.
C)Substantiated sentencing.
D)Indeterminate sentencing.

Answer 3

D

Question 4

How many days could a federal inmate have deducted from their sentence each year for good time

A)10
B)54
C)107
D)365

Question 5

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

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

Question 6

In 2007, which was the first state to abolish the death penalty since it was reintroduced in the United States in 1972

A)West Virginia
B)Hawaii
C)New Jersey
D)Maine

Question 7

Laws that provide lengthy terms for any person convicted of three felony offenses are called:

A)Third times a charm laws.
B)Three strikes laws.
C)Federal crime provisional laws.
D)Multiple offender laws.

Question 8

A set of standards that defines parameters for trial judges to follow in their sentencing of offenders is called:

A)Sentencing structures.
B)Sentencing guidelines.
C)Comprehensive sentencing structures.
D)Sentencing rubrics.

Question 9

What was the most common state-administered punishment in early Greece and Roman civilizations

A)Mutilation
B)Burning at the stake
C)Banishment
D)Death penalty

Question 10

Who ultimately is responsible for determining the actual length in indeterminate sentencing

A)Prosecution
B)State legislature
C)Correctional agency
D)Probation officer

Question 11

The view that the low rates of crime and delinquency among females reflect the leniency with which female offenders are treated is called:

A)The chivalry hypothesis.
B)The exculpatory hypothesis.
C)The null hypothesis.
D)The alternative hypothesis.

Question 12

Which is not one of the three main sentencing procedures used in the United States

A)Determinate sentencing
B)Indeterminate sentencing
C)Substantiated sentencing
D)Mandatory sentencing

Question 13

A postconviction address by the victim of the crime or the victim's family that may be used to guide sentencing of the offender is called a:

A)Victim address.
B)Cold case statement.
C)Victim impact statement.
D)Family circle statement.

Question 14

Prison sentences for two or more criminal acts, served simultaneously and that run together are called:

A)Consecutive sentences.
B)Concurrent sentences.
C)Conclusive sentences.
D)Concomitant sentences.

Question 15

A social and personal history document containing an evaluation of the defendant's chances for successful rehabilitation that the judge uses during the sentencing phase is called:

A)Presentence investigation report.
B)Rehabilitation and placement evaluation.
C)Presentence evaluation report.
D)Diversion and deterrence document.

Question 16

Prison sentences for two or more criminal acts, served one after the other are called:

A)Consecutive sentences.
B)Concurrent sentences.
C)Conclusive sentences.
D)Concomitant sentences.

Question 17

What event ended the transportation of prisoners from England to the United States

A)The War of 1812
B)The Revolutionary War
C)The publication of The Fatal Shore
D)France's participation in the free trade act of 1786

Question 18

The belief that capital punishment creates an atmosphere that enhances, rather than reduces, the level of violence in society is called:

A)The brutalization effect.
B)The butterfly effect.
C)The vehemence effect.
D)The pugnaciousness effect.

Question 19

Those who challenge the legality of three strikes law do so because they see it as a violation of which Amendment

A)Fourth
B)Seventh
C)Eighth
D)Nineteenth

Question 20

Which of the following states do not use a comprehensive structured sentencing system setting standards for felonies and misdemeanors, intermediate sentencing, community punishments, and the distribution of state funds for correctional programs

A)North Carolina
B)Pennsylvania
C)Ohio
D)South Carolina

Question 21

CASE 11.1
Brent Weir is arrested for driving under the influence (DUI) in Ohio. On the night in question, Mr. Weir's blood alcohol level was .16, twice the legal limit in Ohio. This was Brent's first arrest, he has no prior arrests, has a college degree, and runs a local hotel in the Cleveland area. Given this information, answer the following questions.
If Brent were sentenced to six months in jail but was released after four months because he was a model prisoner and completed his mandatory educational and substance abuse training, this would be an example of:

A)Good time.
B)Sweat equity rehabilitation.
C)Concurrent sentencing.
D)Retribution.

Question 22

CASE 11.1
Brent Weir is arrested for driving under the influence (DUI) in Ohio. On the night in question, Mr. Weir's blood alcohol level was .16, twice the legal limit in Ohio. This was Brent's first arrest, he has no prior arrests, has a college degree, and runs a local hotel in the Cleveland area. Given this information, answer the following questions.
If Brent were sentenced to one year of probation and forced to work in the local school systems as an educator to teens and young adults about the dangers of driving drunk instead of getting a jail sentence this would most resemble:

A)Rehabilitation.
B)Restitution.
C)Equity rehabilitation.
D)Retribution.

Question 23

Which of the following are factors that may be assessed in determining the length of a sentence

A)The severity of the offense
B)The motive of the crime
C)The offender's prior history
D)All of the above

Question 24

The importance of Ford v. Wainwright (1986) established that it is unconstitutional to:

A)Put to death a convict 16 years or younger.
B)Put to death a mentally insane person.
C)Put to death a foreign dignitary.
D)Put to death child rapists.

Question 25

That the death penalty does not violate the Eighth Amendment to the Constitution was ruled in:

A)Bell v. South Carolina.
B)Gregg v. Georgia.
C)Garner v. Tennessee.
D)Furman v. Georgia.

Question 26

Which of the following is not a method used to evaluate whether capital punishment reduces the murder rate

A)Immediate-impact study
B)Time-series analysis
C)Contiguous-state analysis
D)Cost-benefit analysis

Question 27

Which concept states that the punishment should be severe enough to convince convicted offenders never to repeat the same offense

A)Specific deterrence
B)Incapacitation
C)Retribution and Just Desserts
D)General deterrence

Question 28

The importance of Ring v. Arizona is that it ruled that:

A)The death penalty is unconstitutional in crimes of burglary and robbery.
B)Juries, not judges, must make the decision to sentence a convict to death.
C)Judges must give victims a chance to speak during the sentencing phase of a death penalty case.
D)Death penalty defendants may not present new evidence during the sentencing phase.

Question 29

Under truth-in-sentencing schemes, an offender must serve how much of their sentence before they are eligible for release

A)65%
B)75%
C)85%
D)90%

Question 30

During the Middle Ages, there was little law or governmental control and offenses were settled by blood feuds carried out by the families of the injured parties.

Question 31

CASE 11.2
In 2013, a 17-year-old white man named Jason is arrested for vandalism in an affluent neighborhood just east of Bloomington, Indiana. The victims include a 55-year-old man, his wife, and their children, ages 17 and 15. Jason slashed the tires on their car, spray-painted their house, and removed foliage from their garden. Given this information, answer the following questions.
At the sentencing hearing, the judge recommends that the defendant be given the opportunity to apologize to the victims and the community and in return will have his jail sentence revoked if he returns the property to its prevandalized state and reimburses his victims for all nonrepairable property. This is an example of:

A)Rehabilitation.
B)Youth assistant programs.
C)Retribution.
D)Restoration.

Question 32

Which case ruled that the death penalty amounts to cruel and unusual punishment, which is a violation of the Eighth Amendment

A)Coker v. Georgia
B)Furman v. Georgia
C)Cabana v. Bullock
D)Deck v. Missouri

Question 33

Which concept assumes that if a man is convicted of murder and sentenced to life in prison, this act will serve as an example for other people In other words, people will not want to commit murder out of fear that they may get caught and experience the same punishment.

A)Specific deterrence
B)Incapacitation
C)Retribution and Just Desserts
D)General deterrence

Question 34

In which case did the Court bar capital punishment for child rapists unless the rape resulted in or was intended to result in the death of the child

A)Peterson v. California
B)Kennedy v. Louisiana
C)Fogel v. Georgia
D)Sambuco v. Texas

Question 35

Dangerous criminals are held in confinement to segregate them from society in order to eliminate the risk of re-offending under which concept

A)Specific deterrence
B)Incapacitation
C)Retribution and Just Desserts
D)General deterrence

Question 36

CASE 11.1
Brent Weir is arrested for driving under the influence (DUI) in Ohio. On the night in question, Mr. Weir's blood alcohol level was .16, twice the legal limit in Ohio. This was Brent's first arrest, he has no prior arrests, has a college degree, and runs a local hotel in the Cleveland area. Given this information, answer the following questions.
If the judge were to sentence Brent to six months in jail and $2,500 in fines, this would be an example of:

A)General deterrence.
B)Specific deterrence.
C)Unambiguous deterrence.
D)Exclusive deterrence, given his age

Question 37

The old saying, "The punishment should fit the crime," is most fitting for which of the following concepts

A)Specific deterrence
B)Incapacitation
C)Retribution and Just Desserts
D)General deterrence

Question 38

CASE 11.2
In 2013, a 17-year-old white man named Jason is arrested for vandalism in an affluent neighborhood just east of Bloomington, Indiana. The victims include a 55-year-old man, his wife, and their children, ages 17 and 15. Jason slashed the tires on their car, spray-painted their house, and removed foliage from their garden. Given this information, answer the following questions.
If Jason were 25 years old and has committed the same crime but had three prior arrests: one for DUI, one for robbery, and one for simple assault, all since his eighteenth birthday. If at sentencing the judge sentences Jason to three to five years, this is an example of:

A)Indeterminate sentencing.
B)Circle sentencing.
C)Widen-the-net sentencing.
D)Determinate sentencing.

Question 39

CASE 11.3
Trent Jones, a 42-year-old black war veteran with no prior criminal arrests, is arrested in Texas for the premeditated murder of his neighbor, Jeffery Bella, following months of disagreement between the two men. On the night in question, Mr. Jones hid behind bushes in Mr. Bella's driveway, waited for Mr. Bella to exit, and shot him five times in the chest in front of his wife and two children. Given this information, answer the following questions.
Given the same scenario above but changing the defendant from male to female, if found guilty and at sentencing the offender is given twenty-five to thirty years instead of life in prison or the death penalty, many would argue that this is an example of the:

A)Chivalry hypothesis.
B)Gallantry hypothesis.
C)Nobility hypothesis.
D)Double marginality clause.

Question 40

CASE 11.3
Trent Jones, a 42-year-old black war veteran with no prior criminal arrests, is arrested in Texas for the premeditated murder of his neighbor, Jeffery Bella, following months of disagreement between the two men. On the night in question, Mr. Jones hid behind bushes in Mr. Bella's driveway, waited for Mr. Bella to exit, and shot him five times in the chest in front of his wife and two children. Given this information, answer the following questions.
If at the sentencing hearing, Mr. Bella's wife is allowed to speak and direct her comments toward her husband's killer this is called a:

A)Victim impact statement.
B)Victim diversion program.
C)Exculpatory statement.
D)Court-appointed victim advocacy.

Question 41

Indeterminate sentencing is currently the most widely used sentence structure in the United States.

Question 42

Mandatory sentencing generally limits the judge's discretionary power to impose any disposition but that authorized by the legislature.

Question 43

The Federal Crime Act of 1994 created what the criminal justice system refers to as "victim impact statements."

Question 44

Over 132,000 executions have been carried out in the United States, with the first in the early 1700s for treason.

Question 45

Three-strike laws have garnered much criticism, especially after the life sentence imposed on a third-time felon for stealing a set of golf clubs.

Question 46

In 2007, the Federal Sentencing Commission revised the guidelines and retroactively considered reducing sentences for people convicted of crack possession.

Question 47

Indeterminate sentencing refers to the type of sentence structure in which there is a preset number of years prescribed for the crime.

Question 48

Mandatory sentencing laws have not garnered much support, as only fifteen states have replaced discretionary sentencing with mandatory fixed-term sentencing.

Question 49

During the Middle Ages, the primary goal of the criminal justice system and punishment was the maintenance of order.

Question 50

Diversion is one way of moving a first-time or nonserious offender into treatment as opposed to a more serious and potentially life-altering sanction.

Question 51

Juries, not judges, must make the critical findings that sentence killers to death was ruled in Ring v. Arizona (2002).

Question 52

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

Question 53

A positive sign for crime rates in the United States is that between 1990 and 2008 the prison population decreased by almost 15%.

Question 54

Proponents of the death penalty argue that it is morally correct because of evidence found in the Bible and other religious works.

Question 55

Some institutions used as penitentiaries were developed soon after the Revolutionary War and are still in use today.

Question 56

If an inmate follows the institution rules and serves "good time," they can have some time subtracted from the sentence.

Question 57

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

Question 58

About 8% of prisoners under a sentence of death have prior homicide convictions; if these criminals had been executed for the first offense, no further victims would have suffered.

Question 59

Of the approximately 10,000 persons convicted each year on homicide charges, only 250 to 300 are sentenced to death, while an equal number receive probation or community supervision only.

Question 60

In the case of Baze v. Rees, the Supreme Court ruled that lethal injections did violate the Eighth Amendment protection against cruel and unusual punishment, hence putting a moratorium on the death penalty for more than eight years during the 1970s.
In the case of Baze v. Rees, the Supreme Court ruled that lethal injections did violate the Eighth Amendment protection against cruel and unusual punishment, hence putting a moratorium on the death penalty for more than eight years during the 1970s

Question 61

The belief that capital punishment creates a barbaric atmosphere that enhances the level of violence in society is referred to as the _________________.

Question 62

Of the thousands of executions that have been carried out in the United States, most of these have been for murder and ______________.

Question 63

The U.S. Supreme Court has ruled that the death penalty may be administered for any murder, regardless of the degree.

Question 64

The early English prison reformer who called for more sanitary and secure prisons was _______________.

Question 65

Some studies have found evidence of gender bias in sentencing.

Question 66

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

Question 67

Prison sentences that run _____________________ are those in which sentences for two or more criminal acts are served simultaneously and run together.

Question 68

The concept of _____________________ states that the offender should confront their behavior and try to make amends, satisfy everyone's needs, and ultimately restore themselves as an upstanding member of the community.

Question 69

__________________ refers to the action of seeking compensation for individual victims by the offender for losses due to the crime committed.

Question 70

The _____________________ model punishes people in an attempt to set an example for other would-be criminals.

Question 71

The concept of ____________________ states that criminals have been failed by society and that. therefore. treatment should be a beneficial means of compensating them.

Question 72

_________________ provide lengthy prison terms for any person convicted of three felony offenses, even if the third crime is a relatively trivial offense.

Question 73

The word _____________ has its origins in the twelfth century, meaning a "breach of faith with one's feudal lord."

Question 74

A sentencing scheme requiring that offenders serve at least 85% of their original sentence before being eligible for parole or early release is called _______________________.

Question 75

Beginning around 1820 in both England and the United States, ______________________ became state or federal correctional institutions for the incarceration of felony offenders for terms of one year or more.

Question 76

Annually about 70% of convicted felons are sentenced to some time in prison or jail.

Question 77

The court case of _________________ ruled that the death penalty amounted to cruel and unusual punishment, in violation of the Eighth Amendment.

Question 78

Most current empirical evidence suggests that three-strike laws are a deterrent for violent offenders.

Question 79

The ________________ is the view that the low rates of crime and delinquency among females reflect the leniency with which female offenders are treated.

Question 80

A ________________ sentence is a statutory requirement that a certain penalty shall be set and carried out in all cases upon conviction for a specified offense.