Deck 7: Punishment and Sentencing

Question 1

__________ is a hallmark of the utilitarian view.

A)regret
B)penitence
C)vengeance
D)All the above are correct.

Answer 1

C

Question 2

The effect that the imposition of punishment upon the wrongdoer will have in causing him or her to refrain from repeating the act is called

A)retribution.
B)incapacitation.
C)general deterrence.
D)individual deterrence.

Answer 2

D

Question 3

With determinate sentencing systems and mandatory sentences,the prison population has

A)exploded.
B)shrunk.
C)contracted.
D)slowed.

Answer 3

A

Question 4

The American Law Institute was established as a result of

A)political rivalries and power struggles.
B)a desire to revive common law.
C)a need for more flexible common law.
D)general dissatisfaction with American criminal law.

Question 5

If the accused is convicted of a crime,

A)s/he will receive an automatic appeal.
B)case law will decide her or his fate.
C)s/he will be sentenced.
D)discretionary action by the judge will follow.

Question 6

In Weems v.United States,the Supreme Court found that the concept of cruel and unusual punishment implicitly related to the principle of

A)capital punishment.
B)equal justice.
C)proportionality.
D)None of the above is correct.

Question 7

The removal or restriction of freedom of those who have violated criminal laws is

A)retribution.
B)incapacitation.
C)general deterrence.
D)individual deterrence.

Question 8

As a by-product of punishment,__________ is sought so the offender will no longer desire to commit crimes and become a productive citizen.

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

Question 9

The release of an offender from incarceration prior to the expiration of the full term of incarceration is

A)probation.
B)community monitoring.
C)parole.
D)banishment.

Question 10

The suspension of a sentence,allowing an offender to return to the community with conditions set by the court,is known as

A)probation.
B)community monitoring.
C)banishment.
D)parole.

Question 11

Since the 1990s,_____ effectively adopted the incapacitation justification for punishment.

A)strikes laws
B)rehabilitation
C)habitual offender
D)both strike laws and habitual offenders

Question 12

__________ is(are)NOT a principle feature of indeterminate sentencing systems.

A)"The grant of great discretion to the trial judge to fashion a sentence"
B)"Sentences based on information obtained in a sentencing hearing after conviction"
C)"U.S.and state senates interventions"
D)"A parole board"

Question 13

The simplest retributive justification is when

A)jurors have decided someone's punishment.
B)it is the will of the community at large.
C)people will not learn unless punished.
D)one who has violated the rights of others is penalized.

Question 14

The utilitarian justification is based upon Jeremy Bentham's test for

A)moral desirability of an act or social practice.
B)hedonistic calculus.
C)economic balance of forces.
D)determining ultimate culpability.

Question 15

When the government intentionally inflicts pain or loss of liberty on the person who has been convicted of a crime,it is called

A)incarceration.
B)punishment.
C)parole.
D)probation.

Question 16

Punishment in the criminal justice system occurs when an agent of the government intentionally

A)causes the convicted individual to forfeit family ties and friendships and embark on a lengthy period of spiritual penitence.
B)scares the convicted individual into thinking that his or her sentence will be much longer than it actually is.
C)gives the convicted individual the option of suffering either physically or emotionally for a given period of time.
D)inflicts pain on the convicted individual or otherwise causes him or her to suffer some consequence that is ordinarily considered to be unpleasant.

Question 17

Criminal punishment constitutes

A)a pronouncement of the moral condemnation of the community on behalf of the individual victims.
B)the vengeance and moral condemnation of the victims to alleviate further social harm.
C)the vengeance and moral condemnation of the victims via the criminal justice system.
D)a pronouncement of the moral condemnation of the community to address the social harm of crime.

Question 18

Restorative justice techniques do NOT include

A)sentencing circles.
B)longer incarceration.
C)offender mediation.
D)citizen panels.

Question 19

The effect that punishment have in causing other people in the community to refrain from committing other crimes is called

A)individual deterrence.
B)retribution.
C)general deterrence.
D)incapacitation.

Question 20

Imposition of punishment in the context of an "eye for an eye" is called

A)deterrence.
B)Res gestae.
C)vengeance.
D)mens rea.

Question 21

Explain sentencing guidelines.

Question 22

Punishment is relative.

Question 23

An intolerance for repeat offenders has resulted in __________,which impose sentences of 25 years to life for those convicted of serious offenses three different times.

A)one-strike laws
B)zero tolerance laws
C)three-strike laws
D)felony murder rules

Question 24

Explain indeterminate sentencing.

Question 25

In 1862,the American Law Institute published the Proposed Official Draft of the Model Penal Code.

Question 26

The modern debate over which conduct should be punished focuses on whether such offenses as murder,rape,or robbery are crimes.

Question 27

General deterrence is the effect the imposition of punishment has in causing the wrongdoer to refrain from repeating the act.

Question 28

Historically,rules of conduct for society have been proclaimed and enforced.

Question 29

A by-product of punishment is the __________ of the criminal so that he or she would no longer desire to commit crimes and will be a useful citizen.

A)incarceration
B)reform
C)parole
D)probation

Question 30

Jury nullification is controlled by law under certain circumstances.

Question 31

Punishment is not exclusively meted out through the criminal justice system or the criminal law.

Question 32

The simplest retributive justification is that one who has violated the rights of others should be

A)given the chance to reform.
B)penalized.
C)given a punishment identical to the crime.
D)publicly made an example.

Question 33

Many states rely exclusively on common law to define their crimes.

Question 34

Vengeance,A hallmark of the utilitarian theory of punishment,can be seen as a beneficial consequence because it satisfies

A)victims.
B)their families and friends.
C)members of the public.
D)All the above are correct.

Question 35

Name and briefly explain the two justifying theories of punishment that underlie modern criminal law.

Question 36

Much federal criminal jurisdiction emanates from the "necessary and proper" clause of Article I of the U.S.Constitution.

Question 37

The goal of utilitarianism is

A)the greatest good for the greatest number.
B)"an eye for an eye."
C)to maintain existing social hierarchies.
D)vengeance.

Question 38

The retributive view is expressed in the concept of reform.

Question 39

In the past,more than 100 different kinds of offenses were punishable by death under English law.

Question 40

Each of the 50 states and the federal government has separate sets of criminal statutes.

Question 41

Explain the two versions of the philosophy of retributive justification.

Question 42

State when the death penalty cannot be imposed.