Question 1

According to your text,one problem with restitution is that most offenders:

Accepted Answer

The text states that most offenders do not have the financial means or abilities to provide adequate restitution, indicating that this is a problem with restitution. Option A is not mentioned in the text, option B is not a common problem with restitution as the court oversees the type of restitution required, and option C is not discussed as a problem in the text.

Question 2

In ____,the legislature determines a sentence range for each crime that is usually based on the seriousness of the crime and the criminal history of the offender.

Accepted Answer

Presumptive sentencing involves the legislature determining a sentence range for each crime, typically based on the crime's seriousness and the offender's criminal history. This approach provides a guideline or "presumption" for judges, who can adjust the sentence based on aggravating or mitigating factors.

Question 3

Before the Supreme Court's 1991 decision,____ were considered irrelevant and potentially inflammatory and were not allowed.

Accepted Answer

Before the Supreme Court's 1991 decision in Booth v. Maryland, victim-impact statements were considered irrelevant and potentially inflammatory and were not allowed. The decision led to the allowance of victim-impact statements but later refined in Payne v. Tennessee decision in 1991. Determinate and indeterminate sentences are not directly related to the issue of victim-impact statements. Specific and general deterrence are concepts related to the goals of punishment and not directly related to victims' statements.

Question 4

Your text lists four examples of the claims that a convicted offender can make at allocution.Three are listed below.Which of the following is NOT one of these claims?

Accepted Answer

The claim that one's civil rights are being violated by the sentence is not typically a claim made at allocution. Allocution is a procedural step where the convicted individual can plead for mercy, present mitigating circumstances, or argue for a lesser sentence based on personal circumstances, such as insanity post-verdict (B), mistaken identity (C), or pregnancy (D). Claims about civil rights violations are generally addressed through appeals or other legal motions, not during allocution.

Question 5

Reductions in sentences for death row inmates,which are granted by a state's governor,are called:

Accepted Answer

Reductions in sentences for death row inmates, which are granted by a state's governor, are called commutations. The other options are not the correct term for these types of actions.

Question 6

Between 1968 and 1972:

Accepted Answer

The answer of Between 1968 and 1972:
...

Question 7

More than half of the 975 executions that have taken place in the United States since 1977 (as of July 27,2005)have occurred in just three states.Which of the following is NOT one of those three states?

Accepted Answer

Texas, Virginia, and Oklahoma are the three states where more than half of the executions have occurred since 1977, making Georgia the correct answer as it is not one of those three states.

Question 8

State and federal legislative bodies enact ____ that specify appropriate punishments for each statutory offense or class of offense.

Accepted Answer

Penal codes are sets of laws that define criminal offenses and specify the punishments that can be imposed for each offense. These codes are enacted by state and federal legislative bodies to ensure consistency and fairness in the criminal justice system. Indeterminate sentences, forms of restitution, and flat-time sentences are sentencing options that may be imposed within the guidelines of the penal code.

Question 9

A(n)____sentence has a fixed minimum and maximum term of incarceration,rather than a set period.

Accepted Answer

An indeterminate sentence is a sentence with a range of time that must be served (e.g. 10-20 years). The minimum and maximum terms are determined by a parole board based on the offender's behavior and progress in rehabilitation programs. This is in contrast to a determinate sentence, which has a fixed term of incarceration, and a presumptive sentence, which has a range of time but a recommended "presumptive" term within that range. "Flat-time" is not a recognized term in criminal justice sentencing.

Question 10

Truth-in-sentencing laws require offenders to serve a substantial portion of their prison sentence,usually ____ of it.

Accepted Answer

Truth-in-sentencing laws require offenders to serve a substantial portion of their prison sentence, usually 85% of it.

Question 11

From biblical times through the eighteenth century,____ was the dominant justification for punishment.

Accepted Answer

Retribution, also known as "an eye for an eye," was the dominant justification for punishment during this time period. This belief held that offenders should be punished in proportion to the harm they had caused, without consideration for other factors such as rehabilitation or deterrence. Retribution was often seen as a way to restore balance to society and satisfy the moral outrage of the community.

Question 12

Your textbook names five major criticisms of determinate sentencing.Three are listed below.Which of the following is NOT one of the criticisms?

Accepted Answer

Determinate sentencing is criticized for shifting discretion from judges to legislatures and prosecutors (C) and for contributing to prison overcrowding (B), but it is not criticized for creating judicial disparity in sentencing (A); rather, it aims to reduce such disparity by applying fixed sentences.

Question 13

Which of the following is an effort to do something for victims and their survivors-to return them,as much as possible,to their previous state and to make them "whole" again?

Accepted Answer

Restoration is the effort to restore victims and their survivors to their previous state and make them "whole" again. Retribution is the punishment of the offender, rehabilitation is the effort to reform the offender, and deterrence is the attempt to prevent future crimes through the threat of punishment.

Question 14

Judges can suspend an entire sentence if the offender:

Accepted Answer

Judges have the discretion to suspend an entire sentence if the offender shows a willingness to rehabilitate themselves by seeking medical treatment, staying out of trouble, or making restitution. Therefore, any of the above options could be a valid reason for a judge to suspend a sentence.

Question 15

Presumptive sentences may be based on sentencing guidelines,which are developed by sentencing commissions comprised of:

Accepted Answer

Sentencing guidelines are developed by sentencing commissions that include both criminal justice professionals (such as judges and prosecutors) and private citizens (such as victims' rights advocates and community representatives). This diverse group works together to create guidelines that take into consideration both legal and social perspectives, with the goal of promoting consistency and fairness in sentencing.

Question 16

Before 1968,the only issues the Supreme Court considered in relation to capital punishment concerned:

Accepted Answer

The answer of Before 1968,the only issues the Supreme Court...

Question 17

Generally,a presentence investigation report (PSI)is prepared by a:

Accepted Answer

A presentence investigation report (PSI) is typically prepared by a probation officer, who gathers information about the defendant's background, criminal history, and other relevant factors to help the judge make an informed sentencing decision. The defendant, prosecutor, and judge may provide input or feedback on the report, but it is ultimately prepared by the probation officer.

Question 18

All but four of the capital offenses under federal law involve murder.Three of these are listed below.Which one does NOT belong?

Accepted Answer

The three capital offenses listed (treason, espionage, and drug trafficking in large quantities) all involve crimes against the government or national security, while kidnapping is a serious crime but not typically considered a federal offense punishable by the death penalty.

Question 19

According to your textbook,restorative justice seeks four goals.Three are listed below.Which of the following is NOT one of the goals of restorative justice?

Accepted Answer

Restorative justice does not focus on punishing the offender for the harm done, instead it seeks to repair the harm, meet the needs of the victims and restore the health of the community. The offender may be required to contribute to repairing the harm done, but punishment is not the main goal.

Question 20

Nearly ____ of state trial court decisions are affirmed on appeal.

Accepted Answer

Studies have shown that approximately 80 percent of state trial court decisions are affirmed on appeal. This means that only about 20 percent of decisions made by state trial courts are overturned or modified on appeal.

Quiz 9: Sentencing, Appeals, and the Death Penalty