Deck 9: Trials and Sentencing

Question 1

__________ aims to prevent crime through the example of offenders being punished.

A)Retribution
B)Incapacitation
C)Deterrence
D)Rehabilitation

Answer 1

C

Question 2

The portion of the __________ Amendment that has been most rigorously scrutinized is the prohibition of cruel and unusual punishment.A punishment is considered cruel and unusual if,in the words of the Supreme Court,it violates "evolving standards of decency that mark the progress of a maturing society."

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

Answer 2

D

Question 3

A __________ is a court-authorized postponement of a case to allow the prosecution or defense more time to prepare its case.

A)corpus delicti
B)continuance
C)discovery
D)trial jury

Answer 3

B

Question 4

__________ or "reformation" sees criminal behavior as a consequence of social or psychological shortcomings.The purpose of the sentence is to correct or treat these shortcomings in order to prevent future crimes.

A)Retribution
B)Incapacitation
C)Deterrence
D)Rehabilitation

Question 5

Sentences developed by examining the averages of past sentences imposed on various combinations of offenders and offenses and designed to achieve proportionality and uniformity without mandating specific sentences for certain crimes or offenders.

A)mandatory sentencing
B)guideline sentences
C)discretionary sentences
D)optional sentencing

Question 6

__________ aims to prevent further criminal behavior by physically restraining the offender from engaging in future misconduct.The primary method of this in the United States is incarceration,although other methods also are used,such as suspending a driver's license or a license to practice law in cases of crimes committed by drivers or lawyers.

A)Retribution
B)Incapacitation
C)Deterrence
D)Rehabilitation

Question 7

__________ is punishment and is applied simply in proportion to the seriousness of the offense.The "eye for an eye" system of justice described in the Old Testament is an early form of this.According to this concept,the more serious the crime,the more serious the punishment should be.

A)Retribution
B)Incapacitation
C)Deterrence
D)Rehabilitation

Question 8

A __________ refers to a group of citizens (usually twelve)who decide on the guilt or innocence of a defendant.

A)corpus delicti
B)continuance
C)discovery
D)trial jury

Question 9

The term __________ refers to providing fixed sentences for offenders convicted of certain types of crimes such as gun-related crimes,drug offenses,and drunk-driving offenses.

A)mandatory sentencing
B)guideline sentences
C)discretionary sentences
D)optional sentencing

Question 10

Justifications or excuses for criminal conduct that are applicable to all criminal offenses are called __________.

A)general defenses
B)justification defenses
C)excuses defenses
D)conduct defenses

Question 11

Prosecuting any criminal case requires __________ (or proving the crime),which consists of proof of the act and that the act was the result of the illegal actions of the defendant.

A)corpus delicti
B)continuance
C)discovery
D)trial jury

Question 12

Defenses that claim that criminal conduct should be excused because the defendant cannot be held responsible for it are called __________.

A)general defenses
B)justification defenses
C)excuses defenses
D)conduct defenses

Question 13

A sentencing system that permits judges to impose fixed sentences that cannot be altered by a parole board is called __________.

A)suspended sentence
B)indeterminate sentencing
C)determinate sentencing
D)truth in sentencing

Question 14

A sentencing provision that requires offenders to serve the bulk of their sentence (usually 85 percent)before they can be released is called __________.

A)suspended sentence
B)indeterminate sentencing
C)determinate sentencing
D)truth in sentencing

Question 15

A delayed imposition of a prison sentence that requires the offender to fulfill special conditions such as alcohol,drug,or gambling treatment or payment of restitution is called a(n)__________.

A)suspended sentence
B)indeterminate sentencing
C)determinate sentencing
D)truth in sentencing

Question 16

A __________ is the process that entitles a suspect to review certain information gathered by the prosecutor.

A)corpus delicti
B)continuance
C)discovery
D)trial jury

Question 17

Defenses that admit to the criminal conduct,but claim it was justified by overwhelming circumstances,such as self-defense are called ___________.

A)general defenses
B)justification defenses
C)excuses defenses
D)conduct defenses

Question 18

A system of sentencing that empowers the judge to set a maximum sentence (up to the limit set by the legislature),and sometimes a minimum sentence,for the offender to serve in prison is called __________.

A)suspended sentence
B)indeterminate sentencing
C)determinate sentencing
D)truth in sentencing

Question 19

The __________was founded in 1992 by Barry C.Scheck and Peter J.Neufeld at the Benjamin N.Cardozo School of Law at Yeshiva University to assist prisoners who might be proven innocent through DNA testing.

A)Blamelessness Project
B)Innocence Project
C)Virtue Project
D)Guilt Project

Question 20

A major criticism of capital punishment is its __________.Proponents of the death penalty argue that errors are rare;but in a criminal justice system based on inexact legal standards such as "probable cause" and "proof beyond a reasonable doubt," there is always room for error.

A)doubt
B)uncertainty
C)improbability
D)finality

Question 21

Excuse defenses claim that the act was justified by overwhelming circumstances,such as self-defense.

Question 22

The term 'selective incapacitation' refers to the identification of potential high-rate offenders for incarceration for longer periods as a means of reducing crime.

Question 23

Sentences based on the concept of incapacitation are intended to prevent further criminal behavior by physically restraining the offender from engaging in future misconduct.

Question 24

One cause of delays in the adjudication procedure is a process called __________,which entitles a suspect to see certain information gathered by the prosecutor.

Question 25

Judges have the discretion to grant a __________ to allow the defense to locate a witness,prepare motions,obtain medical reports,or for other reasons.This ensures that the most complete information is available for a criminal proceeding.

Question 26

The right to a trial jury dates from the signing of the Magna Carta in 1215 and is incorporated into both Article III of the Constitution and the Sixth Amendment,which states that 'in all criminal prosecutions,the accused shall enjoy the right to a speedy and public trial by an impartial jury.'

Question 27

The __________ is designed to help the judge decide on an appropriate sentence within the limits established by law.This report is written by a probation officer after an investigation of the offender's background.

A)police report
B)presentence investigation report
C)victim impact statement
D)Uniform Crime Report

Question 28

In recent years jury nullification has occurred in some cases;that is,defendants have been acquitted despite facts that show guilt.

Question 29

__________ can be used as punishment upon conviction for any offense.

A)Fines
B)The death penalty
C)Imprisonment
D)Parole

Question 30

Rehabilitation or "reformation" sees criminal behavior as a consequence of social or psychological shortcomings.The purpose of the sentence is to correct or treat these shortcomings in order to prevent future crimes.

Question 31

The presentence report is designed to help the judge decide on an appropriate sentence within the limits established by law.This report is written by a probation officer after an investigation of the offender's background.

Question 32

When a judge sentences for purposes of retribution,punishment is applied simply in proportion to the seriousness of the offense.

Question 33

In _____ the U.S.Supreme Court ruled that for the crime of rape the death penalty is excessive and disproportionate and therefore unconstitutional.

A)1937
B)1957
C)1977
D)1997

Question 34

A 'discovery' is a court-authorized postponement of a case to allow the prosecution or defense more time to prepare its case.

Question 35

General deterrence is aimed at preventing future crimes by a particular offender.

Question 36

The lack of empirical evidence to support the four basic purposes of sentencing has contributed to concern about disparity in sentences.

Question 37

Specific deterrence is directed at preventing crime among the general population.

Question 38

Justification defenses argue the act should be excused because the defendant cannot be held responsible for it.

Question 39

A 'continuance' is the process that entitles a suspect to review certain information gathered by the prosecutor.

Question 40

A probation sentence allows the offender to remain in the community under the supervision of the court.Probation is the most widely used form of criminal sentence,because most crimes are not violent and most offenders are not dangerous.

Question 41

Many states have __________ laws based on the notion of incapacitation.These laws can be applied to certain offenders who have committed two or more offenses within a certain period (usually ten years).

Question 42

When a judge sentences for purposes of ___________,punishment is applied simply in proportion to the seriousness of the offense.

Question 43

Defenses that admit to the criminal conduct,but claim it was justified by overwhelming circumstances,such as self-defense are called __________ defenses.

Question 44

After the prosecution has conducted a direct examination of each of its witnesses,the defense may __________ those witnesses for inconsistencies,contradictions,or uncertainty.

Question 45

Sentences based on the concept of __________ are intended to prevent further criminal behavior by physically restraining the offender from engaging in future misconduct.

Question 46

What is 'jury selection' and how are juries selected? Please explain.

Question 47

What does it mean to sequester a jury? What is the purpose of sequestering a jury?

Question 48

__________ defenses argue the act should be excused because the defendant cannot be held responsible for it.Insanity and duress are examples of these defenses.

Question 49

___________ as a purpose of sentencing aims to prevent crime through the example of offenders' being punished.

Question 50

What is 'jury nullification' and why do you think this happens?

Question 51

In rare circumstances the jury is ___________: Jurors are housed in a hotel for the duration of the trial,and their access to newspapers,television,and other media is closely monitored.

Question 52

What is the key distinction between 'justification defenses' and 'excuse defenses'?

Question 53

What is the purpose of a 'continuance'? Please explain.