Question 1

Case 9-1
Jeremy has just been found guilty by a jury for the crimes of robbery, aggravated assault, and obstruction of justice. Jeremy has an extensive criminal history. He was previously in prison for burglary and possession of illegal drugs. When he was arrested for these new crimes of robbery, aggravated assault, and obstruction of justice, he was on probation for stealing a vehicle.
-The judge asks the probation officer in the courtroom for a report that describes Jeremy's crime in detail, the suffering of the victims, Jeremy's prior offenses, and his family background. What is this report called?

Accepted Answer

A presentence investigation report is a document prepared to help the judge decide on the appropriate sentence, detailing the defendant's criminal history, the impact on victims, and other relevant background information.

Question 2

Case 9-2
Ted was arrested and charged with the first degree murder of Susan. Ted and Susan were coworkers at a local bar where Ted was the busboy and Susan was a waitress. The prosecutors believed there was convincing evidence that Ted was obsessed with Susan and when she rejected him, he raped and then strangled her. Prosecutors are seeking the death penalty.
-If the jury votes to convict Ted and sentence him to death, which would be the most likely method of execution?

Accepted Answer

Lethal injection is the most common method of execution in the United States as of the latest data available.

Question 3

Case 9-1
Jeremy has just been found guilty by a jury for the crimes of robbery, aggravated assault, and obstruction of justice. Jeremy has an extensive criminal history. He was previously in prison for burglary and possession of illegal drugs. When he was arrested for these new crimes of robbery, aggravated assault, and obstruction of justice, he was on probation for stealing a vehicle.
-The state that Jeremy was convicted in allows judges to set a minimum and maximum amount of time that Jeremy will spend in prison. What type of sentencing is this?

Accepted Answer

Indeterminate sentencing allows judges to set a range (minimum and maximum) for the time an offender will spend in prison, which fits the description given in the scenario.

Question 4

"Good time" is a reduction in time served by prisoners based on good behavior, conformity to rules, and other positive actions.

Accepted Answer

Good time is a commonly used term in the United States criminal justice system and refers to the reduction of a prisoner's sentence due to good behavior or other positive actions.

Question 5

Case 9-1
Jeremy has just been found guilty by a jury for the crimes of robbery, aggravated assault, and obstruction of justice. Jeremy has an extensive criminal history. He was previously in prison for burglary and possession of illegal drugs. When he was arrested for these new crimes of robbery, aggravated assault, and obstruction of justice, he was on probation for stealing a vehicle.
-The judge in the case is tired of seeing Jeremy in his courtroom. He is determined to give him the most severe punishment that the law allows. The judge believes that Jeremy must return to prison because he thinks that is the only way that he will no longer be a danger to society again. The judge in this case is most likely following the sentencing philosophy of:

Accepted Answer

The judge's focus on removing Jeremy from society to prevent further crimes aligns with the philosophy of incapacitation.

Question 6

In federal court, capital punishment can be an option for those who traffic large amounts of illegal drugs.

Accepted Answer

Capital punishment is a possible sentence for drug trafficking offenses involving large amounts of drugs under federal law.

Question 7

At the sentencing phase of Ted's trial, Susan's mother and husband give personal statements about Susan and how her murder has affected their lives. This statement is known as a(n):

Accepted Answer

A victim-impact statement is a written or oral statement presented to the court at the sentencing of the defendant, which allows victims or their families to describe the impact of the crime on their lives.

Question 8

Many supporters of the death penalty believe that Ted needs to be executed for committing such a heinous crime because others will be discouraged from committing a similar crime. This sentencing philosophy is known as:

Accepted Answer

General deterrence is the sentencing philosophy that holds that the punishment for a crime should be severe enough to discourage others from committing similar crimes.

Question 9

Determinate sentencing has severely restricted judicial discretion in many jurisdictions.

Accepted Answer

Determinate sentencing laws mandate specific sentences for particular crimes, leaving little room for judges to use their discretion when determining a defendant's punishment. This has resulted in a reduction of judicial discretion in many jurisdictions.

Question 10

The oldest and most common justification for punishing someone is incapacitation.

Accepted Answer

The oldest and most common justification for punishing someone is retribution, which is based on the principle of just deserts and aims to punish the offender because they deserve it for the wrong they have committed.

Question 11

Sentence-reduction programs are regularly abused as a "get free out of jail card."

Accepted Answer

The answer of Sentence-reduction programs are regularly abused as a...

Question 12

The judge in this case picked the most severe punishment that the law would require because he felt that there were many circumstances surrounding Jeremy's present crime that justify a harsher sentence. These circumstances are referred to as:

Accepted Answer

Aggravating circumstances are factors that increase the severity or culpability of a criminal act, often leading to a harsher sentence.

Question 13

When an offender is sentenced under the determinate sentencing philosophy, his or her release date is determined by the parole board.

Accepted Answer

The determinate sentencing philosophy sets a specific term of imprisonment for an offender, meaning their release date is determined by the length of their sentence and not the parole board.

Question 14

Specific deterrence assumes that an individual, after being punished once for a certain act, will be less likely to repeat that act because she or he does not want to be punished again.

Accepted Answer

Specific deterrence is based on the idea that an individual will be deterred from committing a crime again after being punished once, as they do not want to experience the same punishment again.

Question 15

Case 9-2
Ted was arrested and charged with the first degree murder of Susan. Ted and Susan were coworkers at a local bar where Ted was the busboy and Susan was a waitress. The prosecutors believed there was convincing evidence that Ted was obsessed with Susan and when she rejected him, he raped and then strangled her. Prosecutors are seeking the death penalty.
-The Supreme Court now requires that all death penalty cases follow certain procedures. One of these requirements is that there is a guilt phase and a sentencing phase of a death penalty trial. This is known as:

Accepted Answer

The bifurcated process refers to the two-phase procedure in death penalty cases, consisting of a guilt phase and a sentencing phase.

Question 16

Restorative justice almost always involves property crime, public order crime, and, particularly, offenses committed by juveniles.

Accepted Answer

Restorative justice is often applied to less severe crimes such as property and public order offenses, and it is particularly used for juvenile offenders to encourage rehabilitation and reconciliation.

Question 17

Truth-in-sentencing laws require defendants to serve 100% of their sentences.

Accepted Answer

Truth-in-sentencing laws generally require offenders to serve a substantial portion of their sentence, often 85%, but not necessarily 100%.

Question 18

Ted's lawyers believe that Ted is mentally handicapped. After testimony from medical experts from both the prosecution and the defense, the jury comes to the conclusion that Ted is in fact mentally handicapped. Which Supreme Court case ruled that the death penalty cannot be given to a mentally handicapped defendant?

Accepted Answer

Atkins v. Virginia (2002) is the Supreme Court case that ruled it is unconstitutional to impose the death penalty on individuals who are mentally handicapped, as it violates the Eighth Amendment's ban on cruel and unusual punishments.

Question 19

If the judge sentences Jeremy to a prison sentence of twenty years to life, who will decide at what point Jeremy is released from prison?

Accepted Answer

The parole board typically decides when an inmate serving an indeterminate sentence, such as "twenty years to life," is eligible for release based on various factors, including behavior and rehabilitation progress.

Question 20

During a sentencing hearing, the judge's role is passive and reactive.

Accepted Answer

The judge's role during a sentencing hearing is active, as they are responsible for determining the appropriate sentence based on the law, evidence, and arguments presented.

Quiz 9: Punishment and Sentencing