Deck 11: Court Methods and Challenges: Sentencing and Punishment

Question 1

Which of the following would be most closely aligned with the goal of rehabilitation?

A) requiring an offender to serve a jail term
B) ordering an offender to repay the victim for financial losses
C) sending an offender to classes to earn her General Equivalency Diploma
D) having an offender submit proof of employment

Answer 1

C

Question 2

Placing an offender in an environment in which he or she is unable to commit future crimes is known as ______.

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

Answer 2

C

Question 3

A punishment that is meant to persuade others and the offender that crime is not worthwhile is most closely aligned with which goal of punishment?

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

Answer 3

D

Question 4

A woman is robbed by an armed 15-year-old male after she attends a sporting event in a downtown area. During the sentencing hearing, the woman notes that the offender is young and should be given a sentence that allows him to change his ways to become a productive member of society. Which of the following punishments is the woman advocating for?

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

Question 5

An offender's desire to avoid unpleasant consequences is most closely aligned with which goal of punishment?

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

Question 6

Offenders who have numerous prior convictions are known as ______ offenders.

A) reformed
B) habitual
C) retributive
D) heinous

Question 7

During a victim impact statement, the mother of someone who was murdered advocates a sentence to serve as vindication for her slain child. She continues to note that she believes the offender will never experience remorse for his actions or change. Which type of punishment is the mother advocating for?

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

Question 8

Which of the following reflects the progressive model of corrections?

A) Inmates worked in prison farms and factories that produced food and items for internal consumption.
B) Offenders marched in lockstep in close, single-file lines and were not allowed visitors.
C) Inmates received treatment focused on individuals and their specific problems.
D) Offenders were released on parole based on good behavior.

Question 9

The United States currently utilizes which model of corrections?

A) progressive model
B) reformatory model
C) community model
D) crime control model

Question 10

Passing a strict law against drunk driving offenses with the purpose of dissuading people from driving after drinking would best meet which goal of punishment?

A) restitution
B) rehabilitation
C) specific deterrence
D) general deterrence

Question 11

In which model of corrections were offenders separated from each other in order to reflect upon their criminal behavior and expected to work 10 hr a day, 6 days a week?

A) colonial model
B) penitentiary model
C) progressive model
D) reformatory model

Question 12

What is the most important factor in determining an offender's sentence?

A) seriousness of the offense
B) the offender's level of cooperation
C) the offender's prior record
D) recommendations made by the victim

Question 13

Which Amendment protects against cruel and unusual punishment?

A) Twelfth
B) Tenth
C) Eighth
D) Sixth

Question 14

The four goals of punishment include each of the following EXCEPT ______.

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

Question 15

Revoking Internet access from a habitual cybercriminal to keep him from committing crimes online is an example of which type of punishment?

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

Question 16

Which goal of punishment traces its roots to the Old Testament adage of "an eye for an eye; a tooth for a tooth"?

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

Question 17

Attempting to reform an offender through treatment or educational programs with the goal of turning the offender from crime is best described by which goal of punishment?

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

Question 18

Which of the following would be an example of incapacitation?

A) sentencing an offender to community service
B) charging an offender a fine
C) passing laws against criminal acts
D) incarcerating an offender

Question 19

Who can influence the sentencing decision by agreeing to engage in plea negotiations and by arguing certain points to the judge to enhance the sentencing penalty?

A) prosecutor
B) police officer
C) expert witness
D) bailiff

Question 20

Public support for the death penalty for offenders who murder young children would be most closely aligned with which goal of punishment?

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

Question 21

In a discussion about different models of punishment and crime, your friend, Wanda, notes that she believes prisons interfere with an offender's ability to reintegrate back into society. With which model of correction does this most align?

A) progressive model
B) medical model
C) community model
D) reformatory model

Question 22

Positivist criminology was the basis for which correctional model?

A) progressive model
B) medical model
C) community model
D) reformatory model

Question 23

Which of the following sentences takes an offender's remorsefulness and amenability when inside the prison system into account?

A) consecutive sentence
B) determinant sentence
C) indeterminate sentence
D) concurrent sentence

Question 24

If an individual is convicted of two counts of burglary and received two different sentences of 3 years in prison, to be served consecutively, how many years does he/she have to serve?

A) 2
B) 3
C) 6
D) 8

Question 25

Which of the following describes sentences in which the separate counts are served together?

A) indeterminate sentences
B) determinate sentences
C) concurrent sentences
D) consecutive sentences

Question 26

If someone is given the punished of servicing 10-16 years in prison, which sentence has he or she received?

A) rehabilitation
B) determinant sentence
C) indeterminate sentence
D) probation

Question 27

During the ______ period, most Americans lived under laws that were transferred from England.

A) progressive
B) reformatory
C) colonial
D) crime control

Question 28

Probation was launched as a part of which correctional model?

A) progressive model
B) medical model
C) community model
D) reformatory model

Question 29

The ______ Jail introduced the use of solitary confinement as a means to reform inmates.

A) Walnut Street
B) Auburn
C) State Street
D) Jackson Street

Question 30

______ sentence means the offender will serve one sentence after the other.

A) Consecutive
B) Concurrent
C) Indeterminate
D) Determinate

Question 31

Which of the following is TRUE regarding the crime control model?

A) It advocates for creating a way to help offenders lead a crime-free lifestyle.
B) It notes that criminal activity is cause by mental illness.
C) It calls for longer sentences for career criminals and violent offenders.
D) It holds that criminals have biological deficiencies.

Question 32

Mandatory sentencing laws are a major part of which correctional model?

A) progressive model
B) medical model
C) community model
D) reformatory model

Question 33

Which model of punishment viewed fixed sentences, lockstep, and isolation as destructive to inmate initiative?

A) progressive model
B) medical model
C) colonial model
D) reformatory model

Question 34

The design of which penitentiary emphasized complete solitary confinement and became the most influential in U.S. History?

A) Auburn Prison
B) Eastern State Penitentiary
C) Alcatraz
D) Elmira Reformatory

Question 35

Which is a scheme in which a fixed-period punishment is ordered by a court?

A) rehabilitation
B) determinant sentence
C) indeterminate sentence
D) probation

Question 36

Jane was sentenced to a 5- to 10-year prison term for armed robbery, which is indicative of what kind of sentence?

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

Question 37

Which of the following is a true statement regarding the death penalty?

A) The number of executions in the United States has been declining since 2000.
B) The number of executions in the United States has been rising since 2000.
C) The United States Congress recently passed legislation banning executions for certain offenders.
D) The crimes for which executions have been issued have become more violent.

Question 38

Which model included the idea that criminals are mentally ill and emphasized treatment?

A) progressive model
B) medical model
C) colonial model
D) crime control model

Question 39

Joe received a prison term of 5 years for burglary, which is indicative of what kind of sentence?

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

Question 40

An instrument developed by the federal government that uses a grid system that allows the court to arrive at a more consistent sentence is the ______.

A) sentencing guidelines
B) truth in sentencing laws
C) habitual offender statutes
D) determinate sentencing laws

Question 41

Which of the following spurred the creation of federal sentencing guidelines?

A) steady increase of death sentences
B) increase in crime within prison systems
C) growing discontent with indeterminate sentences
D) rise in white-collar crimes

Question 42

Which of the following is a statement provided prior to sentencing that helps the court focus on the human cost of the crime by noting the cost of the crime to the surviving family members or victims of a crime?

A) statement of interested parties
B) human impact statement
C) victim compensation statement
D) victim impact statement

Question 43

Which of the following was a reason the Sentencing Reform Act was enacted?

A) to make administration of punishment more certain
B) to intensify punishment for violent crimes
C) to give federal judges broader discretion
D) to increase rehabilitative approach to inmates

Question 44

Why do some hold that lethal injection is inhumane?

A) It prolongs the offender's death.
B) It employs the use of too many drugs concurrently.
C) It both causes extreme pain and masks symptoms of pain.
D) It deliberately inflicts suffering.

Question 45

______ is used by some as reasoning in favor of capital punishment.

A) Respondeat superior
B) Lex talionis
C) Exoneration
D) Rehabilitation

Question 46

The ______ Amendment prohibits the execution of persons who are mentally incompetent at the time of their execution.

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

Question 47

Which of the following statements is TRUE regarding the death penalty?

A) The death penalty has been consistently in use in the United States since the Declaration of Independence was signed.
B) Some states have halted death sentences given the number of death row inmates found to be innocent.
C) Research findings consistently report no deterrent effect in using the death penalty.
D) The percentage of Americans in favor of the death penalty has been steadily rising since 2000.

Question 48

Which method of execution is currently the most commonly used in the United States?

A) firing squad
B) lethal injection
C) electrocution
D) lethal gas

Question 49

Which of the following is meant to ensure that sentences for federal crimes are reasonable?

A) required standards of proof
B) mandated sentencing guidelines
C) broad sentencing discretion
D) appellate review of sentences

Question 50

The United States Supreme Court held that the use of lethal injection violates the constitution if ______.

A) it was deliberately intended to inflict pain
B) anything other than a specific three-drug combination
C) anyone other than a board-certified physician administers it
D) the inmate experiences any pain or suffering

Question 51

Which of the following occurred when enacting the Sentencing Reform Act?

A) Rehabilitation was dropped as one of the goals of punishment.
B) All federal sentences were made indeterminate.
C) Appellate review of sentences was discontinued.
D) The U.S. Sentencing Commission was disbanded.

Question 52

Which case upheld the use of victim impact statements?

A) Payne v. Tennessee
B) Tennessee v. Garner
C) Smith v. Indiana
D) Payne v. South Dakota

Question 53

What was the critical essence of the U.S. Supreme Court ruling in Furman v. Georgia (1972)?

A) It found the death penalty was cruel and unusual punishment.
B) It reinstated the death penalty.
C) It prohibited executing those who were insane.
D) It prohibited execution of juveniles.

Question 54

Furman v. Georgia found that which group was given death sentences disproportionately and was denied equal protection under the law?

A) women
B) men
C) juveniles
D) poor

Question 55

In which case did the U.S. Supreme Court prohibit application of the death penalty on those under age 18 at the time the crime occurred?

A) Furman v. Georgia (1972)
B) Ford v. Wainwright (1986)
C) Roper v. Simmons (2005)
D) Kennedy v. Louisiana (2008)

Question 56

What was the purpose of the U.S. Sentencing Commission?

A) to ensure reasonableness of federal sentences
B) to enforce required standards of proof
C) to establish sentencing guidelines
D) to issue sentences for federal crimes

Question 57

Neda's 12-year-old daughter was kidnapped two years ago. The man who kidnapped her was convicted of the crime. During sentencing, Neda speaks on behalf of her daughter. Neda notes that the crime has affected her daughter's ability to socialize, sleep, and learn in school. Which of the following does this describe?

A) capital punishment
B) determinant sentencing
C) state-level sentencing guideline
D) victim impact statement

Question 58

Federal sentencing guidelines have been found by the U.S. Supreme court to be which of the following?

A) mandatory
B) advisory
C) illegal
D) unjustifiable

Question 59

According to studies cited in the text, which group of defendants is treated more harshly in the criminal justice system than others?

A) women
B) men
C) African Americans
D) Caucasians

Question 60

The need to target specific offenders with more serious penalties was ______.

A) the basis for requiring indeterminate federal sentences
B) the primary focus of the Adult Sentencing Guidelines Manual
C) a hindrance to creating federal sentencing guidelines
D) a reason Congress enacted the Sentencing Reform Act

Question 61

The United States is currently adhering to the community model, which emphasizes the use of probation and parole and other forms of community supervision as a means of relief for overburdened prison populations.

Question 62

Andrew is a 25-year-old male with a prior criminal record. He is accused of shooting and killing another a person who was attempting to kidnap his 5-year-old daughter from a playground. Which element would be considered a mitigating circumstance?

A) Andrew's use of a gun
B) Andrew's killing of another person
C) Andrew's criminal record
D) Andrew's age

Question 63

Supporters of the death penalty who argue the punishment fits the crime would be most closely aligned with the goal of rehabilitation.

Question 64

Jim was convicted of two counts of armed robbery and sentenced to a separate 10-year term for each. This would be considered a concurrent sentence.

Question 65

In states using a determinate sentencing structure, convicted offenders are sentenced for a fixed term.

Question 66

Sending an offender to substance abuse treatment and educational programs would be considered retribution.

Question 67

In a writ of habeas corpus, what is the inmate contesting?

A) violations of due process at trial
B) the legality of his or her confinement
C) conditions in the prison
D) ineffective representation by appointed counsel

Question 68

An inmate files a civil lawsuit against the prison warden where she is being held. Which of the following would this be considered?

A) initial appeal
B) collateral attack
C) discretionary appeal
D) conviction attack

Question 69

Which of the following would be considered an aggravating circumstance?

A) offender has no prior criminal record
B) offender uses a weapon
C) offender was acting under duress
D) offender has a mental illness

Question 70

According to the Death Penalty Information Center, DNA evidence has helped ______ 20 people who previously faced the death penalty.

A) rehabilitate
B) exonerate
C) aggravate
D) mitigate

Question 71

Incapacitation places offenders in an environment in which they are unlikely to commit another crime.

Question 72

Placing an offender on probation in the community with specific rules to follow would be a form of incapacitation.

Question 73

The authority to grant discretionary early release to a prisoner varies from one state to another.

Question 74

Jurors may only impose the death penalty in murder cases in which ______.

A) none of the jurors oppose the death penalty
B) the crime was committed in an especially cruel and heinous manner
C) guilt beyond a reasonable doubt
D) at least one aggravating circumstance is proven beyond a reasonable doubt

Question 75

What is the overall role of the appellate court?

A) to review the transcript of cases for errors
B) to grant defendants new legal counsel
C) to commute sentences from lower courts
D) to uphold the rulings and sentences of lower courts

Question 76

The medical model of corrections reflected a belief that offenders were mentally ill and needed rehabilitation and treatment.

Question 77

DNA testing has led to approximately how many exonerations of death row inmates?

A) 142
B) 20
C) 249
D) 57

Question 78

What rights to counsel does an indigent defendant have in the appellate process?

A) free legal counsel for the first appeal
B) free legal counsel for all appeals
C) free legal counsel only for death penalty cases
D) free legal counsel for two appeals

Question 79

Sara is a 30-year-old woman who has just been fired from her job. She lives alone in an apartment that she rents and is having trouble making ends meet. Although she has no previous criminal record, she becomes desperate and decides to rob a bank in the next county. During the robbery, she shows a gun to intimidate the tellers and make them comply with her demands. Which element would be considered an aggravating circumstance?

A) Sara's use of a gun
B) Sara losing her job
C) Sara's criminal record
D) Sara living alone

Question 80

Habitual offenders are those convicted of numerous offenses, either felonies or misdemeanors.