Question 1

Thirty percent of people under correctional care are represented in this most visible penalty.

Accepted Answer

Incarceration is the most visible penalty, as it involves the physical confinement of a person in a correctional facility. Probation and parole are forms of community supervision, and shock probation is a combination of incarceration and probation. Death is not a penalty that falls under correctional care, as it is a consequence of capital punishment which is only legal in certain states and in certain circumstances. Therefore, option B - incarceration - is the best choice.

Question 2

Indeterminate sentences are most closely associated with which of the following philosophies of punishment?

Accepted Answer

Indeterminate sentences are most closely associated with the rehabilitation philosophy of punishment. The aim is to treat offenders and prepare them for successful reentry into society. The length of the sentence is not predetermined but depends on the offender's progress in the rehabilitation process. This approach emphasizes the offender's potential for change and offers them an opportunity for self-improvement.

Question 3

Even if you feel so strongly about capital punishment that they could not give an impartial verdict, you still must serve on the jury.

Accepted Answer

In most legal systems, potential jurors who have strong biases or beliefs that prevent them from being impartial can be dismissed during jury selection.

Question 4

Which of the following situations is an example of restorative justice?

Accepted Answer

Restorative justice is a process that focuses on repairing the harm caused by a crime or conflict, rather than solely punishing the offender. Choice E, the juvenile who stole a lawn mower meeting with the victim to discuss his actions, is an example of restorative justice because it allows the offender to take responsibility for their actions and make amends with the victim. Choices A, B, and D involve traditional punitive measures, such as jail time, corporal punishment, and anger management classes. Choice C, where a drug offender picks up trash on the highways, could be seen as a form of community service, but it does not involve the offender directly addressing the harm caused by their actions.

Question 5

Use of the death penalty is best described by which philosophy of punishment?

Accepted Answer

The death penalty is aligned with the philosophy of retribution, which holds that punishment should be proportionate to the severity of the crime committed. In this philosophy, the focus is on punishing the offender as a form of justice for the harm they have caused, rather than on deterring future criminal behavior or rehabilitating the individual.

Question 6

This is a type of sentence for which the legislature or a commission sets a minimum and maximum range of months or years.Judges are to fix the length of the sentence within that range, allowing for special circumstances.

Accepted Answer

The answer of This is a type of sentence for...

Question 7

The philosophy which assumes that the general public will NOT commit a crime because they observe the punishment of others is called:

Accepted Answer

The philosophy which assumes that the general public will NOT commit a crime because they observe the punishment of others is called general deterrence. This is because the fear of punishment serves as a deterrent to potential offenders, not just to the individuals who have been punished.

Question 8

Punishment designed to affect the future choice and behavior of individuals and targeted at individuals who have already been convicted is called:

Accepted Answer

Specific deterrence is a type of punishment that aims to prevent future criminal behavior by an individual who has already been convicted. This can include imprisonment, fines, or other forms of punishment that are intended to deter the individual from committing similar crimes in the future. It is different from general deterrence, which aims to deter the general population from committing crimes by punishing specific individuals as examples.

Question 9

General incapacitation targets individuals whose incapacity will do the most to reduce crime in society.

Accepted Answer

General incapacitation aims to reduce crime by deterring the general population through the threat of punishment, not by targeting specific individuals.

Question 10

This philosophy of punishment seeks to target "career criminals" by locking them up for a lengthier timeframe than that of a first-time offender.

Accepted Answer

Selective incapacitation targets the repeat offenders who have a history of committing crimes by locking them up for a longer duration than first-time offenders. The aim is to incapacitate the career criminals from committing crimes repeatedly. This method is also different from general incapacitation, which aims to incapacitate all offenders regardless of their criminal history.

Question 11

Restorative justice utilizes mediation among the three actors to devise ways to repair the harm.

Accepted Answer

Restorative justice aims for the involvement of the victim, offender, and the community in the process of repairing harm caused by a crime or conflict. Mediation is used among these three actors to reach an agreement on repairing the harm.

Question 12

Deterrence deprives the ability of an offender to commit crimes against society by detaining him or her in prison.

Accepted Answer

Deterrence is meant to prevent future crimes by showing the potential offender the consequences of their actions. Imprisonment is a form of punishment, but it does not necessarily deprive the ability of an offender to commit crimes.

Question 13

Misdemeanor courts can usually only impose sentences of one year or less in jail.

Accepted Answer

Misdemeanor courts usually have jurisdiction over less serious, non-felony offenses and can impose sentences of one year or less in jail.

Question 14

According to the Supreme Court's decision in Witherspoon v.Illinois (1968), potential jurors who object to the death penalty cannot be automatically excluded from service.

Accepted Answer

The Supreme Court's decision in Witherspoon v. Illinois held that potential jurors who object to the death penalty cannot be automatically excluded from service. However, jurors who are categorically opposed to the death penalty and cannot consider imposing it in any circumstances can be excluded.

Question 15

Sentencing guidelines provide additional discretion to judges during the sentencing process.

Accepted Answer

The answer of Sentencing guidelines provide additional discretion to judges...

Question 16

A presentence report is prepared by a probation officer for use by a judge.

Accepted Answer

A presentence report is a comprehensive report prepared by a probation officer that includes information about the defendant's personal and criminal history, the offense, the victim's impact statement, and recommendations for sentencing. The report is used by the judge to make an informed decision about the appropriate sentence for the defendant.

Question 17

The development of DNA technology has increased the number of people exonerated after being convicted.

Accepted Answer

DNA technology has played a significant role in exonerating people who have been wrongfully convicted by providing scientific evidence that can prove innocence.

Question 18

This philosophy of punishment in which the primary function of imprisonment and execution is seen as preventing a person from committing additional crimes is known as:

Accepted Answer

Incapacitation is the philosophy of punishment that focuses on removing the offender from society in order to prevent them from committing additional crimes. This can be achieved through either imprisonment or execution. The other options, such as general deterrence (deterrent effect on society as a whole), special deterrence (deterrent effect on the individual offender), rehabilitation (helping the offender to become a productive member of society), and retribution (punishment as a moral or societal principle), are all different philosophies of punishment with different aims and goals.

Question 19

A large majority of Americans would choose the death penalty over life imprisonment for those found guilty of murder.

Accepted Answer

Surveys and polls, including those conducted by Gallup, have shown that while support for the death penalty exists, it is not a "large majority" of Americans who prefer it over life imprisonment for those found guilty of murder. Public opinion has been shifting, with a growing number of Americans favoring life imprisonment without the possibility of parole over the death penalty.

Question 20

When a sentence has a fixed term of imprisonment at a specific period, it is referred to as:

Accepted Answer

When a sentence has a fixed term of imprisonment at a specific period, it is referred to as determinate sentencing. This means that the offender will serve a specific length of time in prison without being eligible for parole or early release.

Quiz 9: Punishment and Sentencing