Deck 14: Punishment and Sentencing

Question 1

What type of sentencing aims to reduce incarceration rates by sentencing offenders based on risk factors?

A)Evidence-based sentencing
B)Indeterminate sentencing
C)Determinate sentencing
D)Blended sentencing

Answer 1

Evidence-based sentencing

Question 2

Carlsmith, Darley, and Robinson (2002)used the technique of policy capturing to determine the punishment motives of community members. They found that their subjects were most concerned with _____.

A)moral outrage
B)restitution
C)retribution
D)rehabilitation

Answer 2

retribution

Question 3

Applying the death penalty to people with intellectual disabilities does not further the legitimate goals of deterrence and retribution. This is a violation of the _________.

A)Sixth Amendment
B)First Amendment
C)Fourth Amendment
D)Seventh Amendment

Answer 3

Sixth Amendment

Question 4

In the United States, in 2012, _______ federal offenders were sentenced to prison.

A)14%
B)60%
C)77%
D)55%

Question 5

Which of the following goals of punishment would be considered part of a retributive approach?

A)Moral outrage
B)Rehabilitation
C)General deterrence
D)Individual deterrence

Question 6

Rehabilitation has been shown to be more effective when it is tailored to an offender's _____.

A)age
B)race
C)religion
D)All of these are correct.

Question 7

Parents whose child was murdered want the killer to be executed because they are angry and expect to be satisfied only if the killer dies. This reflects which goal of punishment?

A)Retribution
B)Moral outrage
C)Restitution
D)Incapacitation

Question 8

Approximately, one-third of the federal offenders sentenced to prison in 2007 were _________.

A)sex and violent offenders
B)traffic offenders
C)illegal aliens
D)juvenile offenders

Question 9

One factor that has led to new approaches and reforms in punishment is _____.

A)reduced crime rates
B)the development of sentencing alternatives
C)the economic recession
D)All of these are correct.

Question 10

The idea that punishment should be delivered to those who deserve it refers to which of the following punishment goals?

A)Retribution
B)Moral outrage
C)Individual deterrence
D)Restitution

Question 11

One purpose of the death penalty could be to exert fear of death in potential law breakers. According to Ruback (2015), which purpose would this be serving?

A)Individual deterrence
B)General deterrence
C)Moral outrage
D)Retribution

Question 12

High ________________ rates suggest rehabilitation through incarceration has not been particularly effective.

A)violent crime
B)recidivism
C)parole
D)None of these are correct.

Question 13

Wrongdoers should compensate victims for their damages and losses. This refers to which of the following punishment goals?

A)Retribution
B)Moral outrage
C)Individual deterrence
D)Restitution

Question 14

Frank breaks the law and is sent to prison as a punishment; his punishment is supposed to discourage others from doing the same thing. This refers to which of the following punishment goals?

A)General deterrence
B)Individual deterrence
C)Retribution
D)Incapacitation

Question 15

In which brief to the Supreme Court did the APA distinguish factual understanding from rational understanding?

A)Amicus curiae
B)Fair sentencing act
C)Sentencing reform act
D)None of these are correct.

Question 16

What is it called when similar offenders who committed crimes receive different sentences?

A)Indeterminate sentencing
B)Evidence-based sentencing
C)Sentencing disparity
D)Determinate sentencing

Question 17

Rehabilitation and deterrence are considered ___________ goals of punishment.

A)retributive
B)utilitarian
C)"just desserts"
D)dispositional

Question 18

The original purpose of prisons was to _________________; now the goal of prisons is to ____________.

A)punish; rehabilitate
B)rehabilitate; punish
C)provide restitution; rehabilitate
D)rehabilitate; provide restitution

Question 19

According to Wilson (1975), one function of incapacitating the criminal is to ________ the criminal.

A)reform
B)rehabilitate
C)embarrass
D)age

Question 20

Dan Kahan argues that an intermediate sanction will be more acceptable to the public if________.

A)a shaming penalty is attached
B)defendants must also perform community service
C)defendants must also pay a fine
D)All of these are correct.

Question 21

Some research has shown that judges' beliefs about _______________ affect their decision to transfer a juvenile to criminal court for prosecution.

A)incapacitation
B)retribution
C)moral outrage
D)rehabilitative potential

Question 22

In United States v. Booker (2005), the Supreme Court decided that the mandatory federal sentencing guidelines ________.

A)are unconstitutional
B)are constitutional
C)help reduce crime levels
D)prevent recurring crimes

Question 23

To reduce the use of judicial discretion, some states have imposed _________.

A)general deterrence
B)mandatory minimum sentencing
C)sentencing guidelines
D)blended sentencing

Question 24

Which of the following has been shown to impact the sentencing of offenders?

A)Defendant gender
B)Victim gender
C)Offender race
D)All of these are correct.

Question 25

The goals of juvenile court dispositions include _______.

A)ensuring individual's safety
B)addressing children's social and psychological needs
C)referral to a criminal court
D)probation with minimal supervision

Question 26

In some states, indeterminate sentencing allows judges to utilize their discretion to ______.

A)provide a variable period of incarceration for a given offense.
B)provide a fixed sentence for a given offense.
C)set an absolute release date.
D)None of these are correct.

Question 27

According to studies, male offenders _______.

A)receive less harsh sentences than female offenders
B)are less likely to receive prison sentences
C)receive longer sentences for property and drug offenses
D)are more likely to receive prison sentences for committing a violent offense

Question 28

Research has shown that prosecutor demands are highly influential in ______.

A)out of courtroom settlements
B)defense attorneys' sentencing recommendations
C)probation officers' sentencing recommendations
D)All of these are correct.

Question 29

One of the primary goals of determinant sentencing is_______.

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

Question 30

Judges are increasingly using innovative sentences. Why?

A)The federal courts now require judges to use creative ways of punishing criminals.
B)Prisons are overcrowded.
C)It reduces costs a lot to incarcerate criminals.
D)It helps reform criminals better.

Question 31

"Get tough" or retributive approaches to punishment have been reflected by _______.

A)sentencing guidelines
B)mandatory minimum sentences
C)the abolition of parole
D)All of these are correct.

Question 32

When judges exercise their discretion by imposing a variable period of incarceration for a given offense, it is called__________.

A)front-end sentencing
B)indeterminate sentencing schemes
C)individual deterrence
D)sentencing guidelines

Question 33

Which of the following would be considered restorative justice?

A)Community service
B)Death penalty
C)Incarceration
D)Moral outrage

Question 34

Judges seek alternative sentencing options other than incarceration because of __________.

A)high recidivism rates among released offenders
B)prison overcrowding
C)prison costs
D)All of these are correct.

Question 35

In most courts, the judge receives a sentencing recommendation from the __________.

A)prosecutor
B)psychologist
C)victim
D)All of these are correct.

Question 36

Curry, Lee, and Rodriguez (2004)found that offenders who victimized females received ________________ those who victimized males.

A)longer sentences than
B)shorter sentences than
C)generally the same length sentences as
D)longer parole terms than

Question 37

According to the focal concerns theory of judicial decision-making, what do judges focus on when making decisions?

A)The defendant's guilt plea
B)Protection of the community
C)Severity of the crime
D)Protection of the defendant

Question 38

According to one study of federal sentencing data, offenders who pled guilty received ______________________ than offenders who were convicted at trial.

A)15% longer sentences
B)15% shorter sentences
C)25% longer sentences
D)25% shorter sentences

Question 39

Which of the following is considered in sentencing in every jurisdiction?

A)Criminal's childhood
B)Criminal's gender
C)Criminal's past record
D)Criminal's race

Question 40

The public tends to favor ____________ sentencing options for less serious offenses and for younger offenders but favors ____________ sentencing for adult offenders, particularly those who have committed serious crimes.

A)retributive; restorative
B)restorative; retributive
C)therapeutic; restorative
D)restorative; therapeutic

Question 41

Decision-making in juvenile cases often involves consideration of the ________.

A)financial resources of the juvenile's family
B)availability of community-based programs
C)juvenile's family's role in ensuring school attendance
D)All of these are correct.

Question 42

According to one study, factors that have been shown to exert the greatest influence in juvenile dispositional outcomes are_______ factors.

A)societal
B)legal
C)external
D)cultural

Question 43

Which of the following is not one of the ways in which sex offenders are treated differently than other offenders?

A)Sex offenders in many places are required to register with state officials who notify the community about the offender's location when the offender is released from prison.
B)Sex offenders can be involuntarily committed to a mental health facility after they complete their sentence.
C)Sex offenders can be subjected to additional sanctions such as chemical castration.
D)Sex offenders are not allowed to reside within 10 miles of a school after their release from prison.

Question 44

According to a 2015 poll of 2,700 Americans, 47% of participants favored _________.

A)life imprisonment without the possibility of parole
B)life imprisonment with the possibility of parole
C)the death penalty
D)community service

Question 45

In 2010, what law was signed by then governor Arnold Schwarzenegger?

A)Sexually violent predator law
B)Florida law
C)Chelsea's law
D)Community notification law

Question 46

Adrien committed a sex offense and has just completed serving his sentence. What is likely to happen after he is released from prison?

A)He will need to register with state officials.
B)He will be involuntarily admitted to a mental health facility.
C)His picture and other identifying information will be placed on a website.
D)All of these are correct.

Question 47

As of 2016, only ___________ inmates were executed.

A)15
B)20
C)22
D)32

Question 48

____________ was the first state to pass a law requiring repeat child molesters to be treated with hormones as a condition of parole.

A)New York
B)California
C)Connecticut
D)Massachusetts

Question 49

In what case did the Supreme Court reinstate the possibility of the death penalty?

A)Kansas v. Hendricks (1997)
B)Lockhart v. McCree (1986)
C)Furman v. Georgia (1972)
D)Gregg v. Georgia (1976)

Question 50

A jury must decide whether a defendant, already judged guilty, should receive the death penalty. They are told that the murder of the young victim was done in an especially heinous matter; the defendant raped, murdered, and then mutilated the victim. This fact could argue for the application of the death penalty. This is an example of a(n)_______________ factor.

A)discretionary
B)disparity
C)aggravating
D)mitigating

Question 51

In 1972, the U.S. Supreme Court in __________________ abolished the death penalty on the grounds that it constituted "cruel and unusual punishment."

A)Coleman v. Texas
B)Mu'Min v. Virginia
C)Furman v. Georgia
D)Gregg v. Georgia

Question 52

Research suggests that public opinion is ________.

A)in favor of life sentences for juvenile offenders
B)not in favor of life sentences for juvenile offenders
C)just as in favor of life sentences for juvenile offenders as for adult offenders
D)None of these are correct.

Question 53

According to Sexually Violent Predator Act, Leroy Hendricks who was suffering from a "mental abnormality" that would make him likely to commit predatory acts of sexual violence was committed to _________.

A)a psychiatric hospital
B)a community center
C)be chemically castrated
D)None of these are correct.

Question 54

Who was the person convicted to be executed in Georgia's electric chair in 1978 for killing a police officer, who had responded to an alarm while the robbery was in progress?

A)Ted Bundy
B)Gary Graham
C)Roger Dale Coleman
D)Warren McCleskey

Question 55

Recent findings suggest that the use of blended sentences may be ineffective as about ____________ of juveniles who were released early and did not complete their sentence in adult prisons were later rearrested.

A)25%
B)45%
C)50%
D)65%

Question 56

_________ states allow for capital punishment in the United States.

A)Twenty-eight
B)Thirty-one
C)Thirty-five
D)Forty

Question 57

A jury must decide whether a defendant, already judged guilty, should receive the death penalty. They are told that the defendant committed the crime after years of physical abuse, a fact that could argue for a sentence less than death. This is an example of a(n)_______________ factor.

A)discretionary
B)disparity
C)aggravating
D)mitigating

Question 58

Despite requirements that convicted sex offenders register with local law enforcement upon release from prison, one investigation revealed that California authorities have lost track of more than ___________________ sex offenders who were registered at one point in time.

A)10,000
B)23,000
C)33,000
D)40,000

Question 59

In an attempt to alter the perception that capital punishment was being applied in an arbitrary and discriminatory manner, states have _________.

A)made only certain crimes eligible for the death penalty
B)made sure that guilt and sentencing were decided simultaneously
C)ensured that aggravating and mitigating factors were considered in the guilt phase
D)All of these are correct.

Question 60

The U.S. Supreme Court has said that individuals subjected to sexually violent predator laws must _______.

A)have a mental abnormality to be prosecuted
B)be determined as likely to not commit sexually violent crimes in the future
C)be unable to control their behavior and likely to commit sexually violent crimes
D)None of these are correct.

Question 61

Brutal or heinous crimes are more likely to get ____.

A)in some cases, community service
B)capital punishment or life imprisonment
C)committed to psychiatric hospital
D)increased assigned punishment

Question 62

Research indicates that the death penalty ______.

A)does not affect the incidence of crimes of violence
B)has decreased the incidence of crimes of violence
C)gives victims a sense of restitution
D)accomplishes a general but not an individual deterrence

Question 63

Sam, Frank, and Tom, all Black males, committed crimes that are surprisingly similar. Sam murdered a White female, a 22-year-old student on a city college campus. Frank murdered a Black female, a 40-year-old administrator on a suburban college campus. Tom murdered a Black female, a 36-year-old professor on a city college campus. Given these details, who is more likely to be sentenced to death?

A)Sam
B)Frank
C)Tom
D)Frank and Tom

Question 64

In a capital case, "excludables" refers to those who ________.

A)are excused because they know someone on the legal team
B)are dismissed because they indicate that they have extreme beliefs about the use of the death penalty
C)would automatically impose the death penalty if the verdict is guilty
D)remain on the jury because they do not hold strong views against the use of the death penalty

Question 65

_______ was the first state to pass a law requiring repeat child molesters (pedophiles)to be treated with hormones as a condition of parole.

A)California
B)Washington
C)Arizona
D)Ohio

Question 66

A study that analyzed every capital conviction in the United States between 1973 and 1995 revealed that serious mistakes were made in _______ of the cases, a startling indictment of the criminal justice system.

A)one-fourth
B)one-half
C)two-thirds
D)three-fourths

Question 67

Natalee is a prospective juror who is answering voir dire questions about her attitudes regarding capital punishment. This procedure is called _______.

A)query into death penalty tolerance
B)death criterion
C)death prerequisite
D)death qualification

Question 68

What does the notion of retribution imply?

A)An offender's actions are a reflection of the society he/she lives in; thus, rehabilitation should be the first response.
B)An offender's actions are a reflection of the society he/she lives in; thus, social justice comes from social change.
C)An offender deserves to be punished and that the punishment should be disproportionately severe to act as a strong deterrent to all.
D)An offender deserves to be punished and that the punishment should be proportionate to the severity of the wrongdoing.

Question 69

The three-strikes laws state that ______.

A)an offender breaks the law on an average three times before being caught and charged
B)an offender breaks the law on an average three times before being sent to rehabilitation
C)after a third criminal conviction, offenders go to prison for a very long time
D)after a third criminal conviction, offenders go to rehabilitation for a very long time

Question 70

How many states do not permit an offender to be sentenced to death?

A)25
B)31
C)19
D)50

Question 71

In the case of Lockhart v. McCree (1986), the Supreme Court heard an appeal regarding the use of "death-qualified" jurors. In its decision on the issue, the Court ruled that _________.

A)not enough research has been done to decide if death qualification is discriminatory
B)psychologists have not provided "a solid empirical basis" for the claim that juries produced by death qualification are more likely to convict
C)the Constitution does not prohibit the states from "death-qualifying" juries in death penalty cases
D)the resultant jury was unrepresentative

Question 72

What was Warren McCleskey's offense?

A)He tortured his victim.
B)He killed a child.
C)He raped and murdered a pregnant woman.
D)He killed a police officer.

Question 73

Which of the following is generally true regarding death-qualified jurors?

A)They are prone to side with the prosecution.
B)They are more likely to mistrust criminal defendants.
C)They are more concerned with crime control than with due process.
D)All of these are correct.

Question 74

Which of the following describes the determinate sentencing system within the judiciary?

A)The judges' discretion in granting parole is effectively bolstered.
B)The offender is sentenced for a variable length of time determined by guidelines.
C)The primary goals of these sentences are retribution and moral outrage.
D)The offender's personal characteristics determine the severity of the sentence.

Question 75

Daryl Atkins was convicted of abducting and killing a male in Virginia and was sentenced to death. He successfully appealed to the Supreme Court, which ruled that it is unconstitutional to execute the mentally retarded. Which of the following is the best statement of the outcome of this case?

A)A jury determined that he was mentally retarded and he was sentenced to life in prison.
B)A jury determined that he was not mentally retarded and he was sentenced to life in prison.
C)A jury determined that he was not mentally retarded and he was scheduled to be executed.
D)A jury determined that he was mentally retarded and he was scheduled to be executed.

Question 76

The understanding of legal concepts is referred to as ___________ knowledge.

A)process
B)declarative
C)procedural
D)method

Question 77

Why is the McClesky v. Kemp (1987)case important?

A)The Supreme Court refused to consider the case for review.
B)The Supreme Court required that any jury in Georgia that considered sentencing a Black person to death must have at least one Black jury member.
C)The Supreme Court upheld the Eighth Amendment's prohibition against cruel and unusual punishment.
D)The Supreme Court upheld McCleskey's death sentence despite the evidence that in Georgia, killers of White people are far more frequently sentenced to die than are killers of Blacks.

Question 78

The Truth and Reconciliation Commissions in South Africa is an example of ______.

A)retributive justice
B)restorative justice
C)evidence-based sentencing
D)back-end sentencing

Question 79

When do sentencing disparities typically occur?

A)Whenever similar offenders who committed similar crimes receive different sentences
B)Whenever dissimilar offenders who committed similar crimes receive different sentences
C)Whenever similar offenders who committed dissimilar crimes receive similar sentences
D)Whenever dissimilar offenders who committed dissimilar crimes receive similar sentences

Question 80

Proponents of the death penalty argue that the ______.

A)death penalty accomplishes general deterrence
B)death penalty accomplishes specific (i.e., individual)deterrence
C)murderers are dangerous people and allowing them to live increases the risk of injury or death to others in the prison
D)All of these are correct.