Deck 11: Sentencing

Question 1

Which term refers to the use of imprisonment or other means to reduce the likelihood that an offender will commit future offenses?

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

Answer 1

A

Question 2

In 2004 the Crime Victims' Rights Act established rights for victims:

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 U.S.Constitution.

Answer 2

A

Question 3

Which amendment prohibits cruel and unusual punishment?

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

Answer 3

D

Question 4

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

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

Question 5

A goal of criminal sentencing that seeks to prevent a particular offender from engaging in repeat criminality is known as:

A)General deterrence.
B)Rehabilitation.
C)Specific deterrence.
D)Restoration.

Question 6

Which one of the following is NOT a 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 7

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.

Question 8

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

A)Fine
B)Retribution
C)Restitution
D)Probation

Question 9

In 2013,which state became the third state to adopt racial impact legislation to study and prepare impact statements for proposed changes in sentencing,probation,and parole?

A)New York
B)California
C)Washington
D)Oregon

Question 10

Which 2013 U.S.Supreme Court case ruled that any fact that increases the mandatory minimum sentence is an "element" that must be submitted to the jury?

A)Ring v.Arizona
B)Alleyne v.U.S.
C)Blakely v.Washington
D)Gregg v.Georgia

Question 11

Proportionality means that:

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

Question 12

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

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

Question 13

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 14

The opposite of mitigating circumstances in sentencing is:

A)Justifying circumstances.
B)Aggravating circumstances.
C)Extenuating circumstances.
D)Negligent circumstances.

Question 15

Which of the following 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 16

Which country routinely executes more people than the rest of the world combined?

A)Saudi Arabia
B)United States
C)China
D)Russia

Question 17

Which of the following is a model of criminal justice punishment that encourages rehabilitation through the use of general relatively unspecific sentences?

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

Question 18

Which refers to 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 19

Which is a type of sentencing plan that allows no leeway in the imposing of the sentence for a person convicted of a crime?

A)Mandatory sentencing
B)Indeterminate sentencing
C)Cruel and unusual punishment
D)Judicial discretion

Question 20

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)Victims' rights investigation.
C)Presumptive sentencing investigation.
D)General deterrence investigation.

Question 21

The NVCAP organization seeks to gain tougher sentences for convicted child molesters.

Question 22

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

Question 23

Incapacitation is defined as the act of taking revenge on a criminal perpetrator.

Question 24

Justice reinvestment is a concept that prioritizes the use of alternatives to incarceration for persons convicted of eligible nonviolent offenses,standardizes the use of risk assessment instruments in pretrial detention,and authorizes the use of early-release mechanisms for prisoners who meet eligibility requirements.

Question 25

A capital offense is punishable by death.

Question 26

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

Question 27

Fines are one of the oldest criminal sanctions and are widely used.

Question 28

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

Question 29

Rehabilitation seeks to reform a criminal offender and change their behavior.

Question 30

Many states today have statutory provisions that provide for a sentence of capital punishment for especially repugnant crimes known as capital offenses.

Question 31

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

Question 32

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

Question 33

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

Question 34

Social debt is a sentencing principle that holds that an offender's criminal history should objectively be taken into account in sentencing decisions.

Question 35

Life without parole is the most extreme sentence a convicted felon can receive in any court.

Question 36

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

Question 37

Good time is the amount of time deducted from time to be served in prison on a given sentence as a consequence of participation in special projects or programs.

Question 38

Arbitrariness is one of the reasons used to try to abolish capital punishment.

Question 39

The official suspension of criminal or juvenile proceedings against an alleged offender and the referral of that person to a treatment or care program is known as _______________.

Question 40

A continuing goal of victims' advocacy groups is an amendment to the U.S.Constitution.

Question 41

Comment on the history of victims' rights and the related attempts to encourage victims to participate in the sentencing portion of the criminal case.Analyze the role the victim plays in the criminal justice proceedings today.Explain the differences in the state system as opposed to the federal system when it comes to victims' rights.

Question 42

The Crime _____________ Rights Act establishes statutory rights for victims of federal crimes and gives them the necessary legal authority to assert those rights in federal court.The act grants the following rights to victims of federal crimes.

Question 43

The ____________is the examination of a convicted offender's background prior to sentencing.These examinations are generally conducted by probation or parole officers and are submitted to sentencing authorities.

Question 44

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

Question 45

The in-court use of victim- or survivor-supplied information by sentencing authorities seeking to make an informed sentencing decision is known as the victim _______________ statement.

Question 46

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 47

Circumstances relating to the commission of a crime that call for a tougher sentence because of the cruelty or injury to the victim are called ______________ circumstances.

Question 48

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

Question 49

The amount of time deducted from time to be served in prison on a given sentence as a consequence of participation in special projects or programs is called _________ time.

Question 50

Analyze and comment on 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? Define the role of the writ of habeas corpus.List several of the justifications and oppositions to the death penalty.

Question 51

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

Question 53

The right to be reasonably protected from the accused

Question 54

The right to reasonable,accurate,and timely notice of any public proceeding involving the crime or of any release or escape of the accused

Question 55

The right to be included in any such public proceeding

Question 56

The right to be reasonably heard at any public proceeding involving release,plea,or sentencing

Question 57

The right to confer with the federal prosecutor handling the case

Question 58

The right to full and timely restitution as provided by law

Question 59

The right to proceedings free from unreasonable delay

Question 60

The right to be treated with fairness and with respect for the victim's dignity and privacy