Deck 9: Punishment and Sentencing

Question 1

The principles of restorative justice will rarely, if ever, be applicable to _____.

A) public order crimes
B) property crimes
C) juvenile crimes
D) violent crimes

Answer 1

D

Question 2

In criminal justice, which of the following philosophical reasons for sentencing relies on the principle of just deserts?

A) Rehabilitation
B) Retribution
C) Incapacitation
D) Deterrence

Answer 2

B

Question 3

Sam, a heroin addict, was arrested for drug trafficking. During the court hearing, Sam stated that he resorted to drug trafficking to feed his heroin addiction. Assuming that the prosecutors and the jury subscribe to the rehabilitation model of sentencing, which of the following sentences is Sam likely to receive?

A) A lengthy prison term without parole
B) Jail time along with mandatory sessions for sobriety
C) A heavy fine in addition to jail time
D) Capital punishment

Answer 3

B

Question 4

Which of the following is a characteristic of determinate sentencing?

A) The sentence is determined by the plaintiff.
B) It is often seen as vague in nature.
C) The sentence cannot be reduced by a judge.
D) This type of sentencing does not garner much support from politicians.

Question 5

Bill is arrested and convicted in a case of drug trafficking. He is awarded an indeterminate sentence of three to six years in prison. According to indeterminate sentencing policies, Bill be will be eligible for parole when he:

A) pays some form of restitution.
B) completes five years in prison.
C) completes the minimum sentence.
D) successfully completes a sobriety program.

Question 6

Which of the following is true of incapacitation?

A) It protects society only until a criminal is freed.
B) It is generally considered the most humane goal of punishment.
C) It gives probation officers too much power in the sentencing process.
D) It focuses on the treatment of highly disturbed criminals.

Question 7

Five years ago, Adam was pulled over by a police officer for driving under the influence of alcohol and had his driver's license suspended for six months. Following this incident, Adam refrains from driving while intoxicated. Which of the following philosophical justifications of sentencing does this scenario illustrate?

A) Incapacitation
B) Restorative justice
C) Specific deterrence
D) Rehabilitation

Question 8

Which of the following statements is most accurate about truth-in-sentencing laws?

A) They ensure that convicts are released after serving their minimum sentence.
B) They ensure that convicts serve their sentences with no time off for good behavior.
C) They promote discipline within a correctional institution.
D) They focus on undoing the harm done to the victim and the community.

Question 9

In _____, the period of incarceration is fixed by a sentencing authority and cannot be reduced by judges or other corrections officials.

A) determinate sentencing
B) indeterminate sentencing
C) indefinite sentencing
D) good time sentencing

Question 10

The goal of deterrence is to:

A) separate criminals from the community.
B) prevent future crimes.
C) provide resources to eliminate criminality.
D) repair the harm done to a victim.

Question 11

Which of the following is regarded by many as the most humane goal of punishment?

A) Retribution
B) Rehabilitation
C) Incapacitation
D) Deterrence

Question 12

_____ assumes that a person commits a crime only after a rational decision-making process.

A) General deterrence
B) Specific deterrence
C) Just deserts
D) Restorative justice

Question 13

Which of the following is a faulty assumption of general deterrence?

A) Criminals can be treated and possibly even cured of their proclivities toward crime.
B) Incarcerating criminals guarantees that they will not be a danger to society.
C) A wrongdoer is punished only with the aim of satisfying a victim.
D) A person commits a crime only after a rational decision-making process.

Question 14

According to criminologist Isaac Ehrlich of the University at Buffalo, a 1 percent increase in sentence length will:

A) promote discipline within a correctional institution.
B) decrease the crime rate by an equal percentage.
C) have little impact on property crime rates.
D) lead to more violent crimes.

Question 15

In criminal justice, which of the following philosophical reasons for sentencing is based on the Old Testament's "an eye for an eye and a tooth for a tooth" tenet?

A) Retribution
B) Deterrence
C) Incapacitation
D) Rehabilitation

Question 16

In the context of indeterminate sentencing policies, identify the administrative body that determines at what point an offender is to be released.

A) A parole board
B) A jury
C) A trial court
D) A rehabilitation center

Question 17

Which of the following is a true statement about the rehabilitative model of criminal punishment?

A) It believes that a wrongdoer who has freely chosen to violate society's rules must be punished for the infraction.
B) It relies on the efforts of an offender to undo the harm caused by the criminal act through an apology.
C) It assumes that by detaining wrongdoers in prison, the criminal justice system sends a message to potential criminals.
D) It suggests that criminals can be treated and possibly even cured of their tendencies toward crime.

Question 18

Which of the following is true of restorative justice?

A) It aims at curing criminals of their proclivities toward crime.
B) It relies on the efforts of the offender to undo the harm caused by the criminal act through an apology and restitution.
C) It provides wrongdoers with the necessary resources to eliminate criminality and make better plans for the future.
D) It aims at promoting discipline within a correctional institution.

Question 19

Which of the following is a limitation of incapacitation as a theory of punishment?

A) It limits a judge's power to deviate from determinate sentencing laws.
B) It displays conscious discrimination on the part of sentencing judges.
C) It does not take into account the safety of society as a whole.
D) It offers no proportionality with regard to a particular crime.

Question 20

Which of the following is a peacemaking approach to criminal justice that is used in American jurisdictions?

A) Restorative justice
B) Retributive justice
C) Distributive justice
D) Abrahamic justice

Question 21

Which of the following statements is true of the chivalry effect in the criminal justice system of the United States?

A) Male offenders are given more time in parole than female offenders.
B) This effect rarely comes into play when it comes to violent crimes.
C) Hispanic female offenders are given more jail time than white female offenders.
D) Mitigating circumstances lead to lesser punishment for women than for men.

Question 22

In the context of judicial dispositions, which of the following factors has led to a sharp rise in the use of probation?

A) Emphasis on restitution
B) Poor judicial discretion
C) Inhumane prison conditions
D) Prison overcrowding

Question 23

Sentencing discrimination occurs when disparities can be attributed to:

A) crimes of unequal seriousness.
B) multiple felonies such as arson and fraud.
C) legislatively determined guidelines.
D) extralegal variables such as a defendant's race and gender.

Question 24

In almost all instances, the goal of _____ is to increase the harshness of the criminal sentence.

A) the principle of just deserts
B) judicial departures
C) the bifurcated process
D) victim impact statements

Question 25

Truth-in-sentencing laws were created:

A) to let prisoners who exhibit good behavior during jail term get an early release.
B) with the primary goal of providing the public with more accurate information about the actual amount of time an offender will spend behind bars.
C) to allow judges and jury members to have more discretion in sentencing offenders.
D) with the intention of dissuading offenders and witnesses under oath from giving false statements and penalizing them for presenting false evidence in court.

Question 26

Mario was charged with sexual assault. If the trial for his conviction had taken place in a federal court, Mario would have been sentenced to eight years in prison. But, since the trial took place in a state court, he was sentenced to twelve years in prison. Which of the following problems related to sentencing is being illustrated in this scenario?

A) Sentencing disparity
B) The chivalry effect
C) Sentencing discrimination
D) Mitigating circumstances

Question 27

Which of the following is true of gender differences in sentencing discrimination?

A) In the case of property crimes, incarcerated women tend to receive longer sentences than incarcerated men.
B) In the case of violent crimes, female convicts receive longer sentences than male convicts.
C) Female convicts are more likely to go to prison than male convicts.
D) Incarcerated women tend to serve shorter sentences than incarcerated men.

Question 28

Along with restitution, _____ play an important role in restorative justice.

A) incarcerations
B) mortifications
C) apologies
D) chastisements

Question 29

Xavier is a state judge who is presiding over a case of homicide. During the hearing, the defense attorney proves that certain mitigating factors accompanied the crime. According to state sentencing guidelines, the defendant should receive three to five years in prison. Xavier, however, sentences the defendant to two years in prison as he feels that a three- or five-year jail term would be too harsh. Which of the following allows the judge to differ from the sentencing guidelines of the state?

A) The principle of just deserts
B) The truth-in-sentencing laws
C) Judicial restraint
D) Judicial departure

Question 30

The Supreme Court validated the most punitive aspects of habitual offender laws with its decision in _____.

A) Furman v. Georgia
B) Weems v. United States
C) Roper v. Simmons
D) Lockyer v. Andrade

Question 31

_____ refers to a situation in which those convicted of similar crimes do not receive similar punishments.

A) Sentencing disparity
B) An aggravating circumstance
C) Misandry
D) A mitigating circumstance

Question 32

Jane is a mother of two. She was charged with second-degree murder for killing her husband in a fit of rage. According to state sentencing guidelines, Jane should have been sentenced to twelve to twenty years in prison. The judge instead sentenced Jane to ten years in prison since she had no prior criminal record and had two young children to raise. In this scenario, which of the following factors most likely influenced the judge's decision?

A) Aggravating circumstances
B) The chivalry effect
C) The halo effect
D) General deterrence

Question 33

According to Professor John C. Coffee, which of the following is true of judicial discretion in sentencing?

A) It leads judges to make inconsistent decisions.
B) It results because of the insufficient dissemination of information about a defendant.
C) It prevents judges from imposing a wide variety of sentences to fit specific criminal situations.
D) It lessens the opportunity for sentencing disparity or discrimination.

Question 34

_____ rests on the assumption that a judge should be given ample leeway in determining punishments that fit both the crime and the criminal.

A) Judicial discretion
B) Determinate sentencing
C) Generalized justice
D) A truth-in-sentencing law

Question 35

According to Spohn and Holleran, which of the following factors results in judges resorting to racial and age-related stereotypes while sentencing?

A) The judges' conscious disposition to discriminate
B) Limited information about the offenders
C) The judges' perception about an offender's physical appearance
D) Multiple felony convictions of the individual offenders

Question 36

_____ are statutes that require lengthy prison sentences for those who are convicted of repeated felonies.

A) Reparation orders
B) Indeterminate sentencing policies
C) Restorative justice laws
D) Habitual offender laws

Question 37

In the context of judicial dispositions, which of the following is a difference between fines and restitution?

A) Unlike fines, restitution stemmed from the retributive ideas of justice.
B) Unlike restitution, fines are levied by bailiffs.
C) Fines are payable to the government, whereas restitution is seen as reparation to an injured party or to the community.
D) Restitution refers to any monetary compensation that is paid as an out-of-court settlement, whereas fines are levied by judges in exchange of incarceration.

Question 38

Which of the following authorities generally decides whether a convict eligible for the death penalty will in fact be executed?

A) The judge
B) The jury
C) The prosecutor
D) The attorney general

Question 39

The presentence investigative report is compiled by a:

A) court reporter.
B) bailiff.
C) probation officer.
D) defense attorney.

Question 40

James was on trial for the murder of his wife. During the hearing, James stated that he killed his wife in a fit of rage after he walked in on his wife trying to seriously injure their five-year-old daughter. On hearing his defense, the judge charged James with voluntary manslaughter instead of first-degree murder. Which of the following sentencing factors most likely led to a lighter sentence for James?

A) The chivalry effect
B) Aggravating circumstances
C) Mitigating circumstances
D) The halo effect

Question 41

Unlike retribution, incapacitation offers no proportionality with regard to a particular crime.

Question 42

In the context of the three important precedents of sentencing set by the Supreme Court in the Weems v. United States case, courts may decide whether a punishment is unnecessarily cruel with regard to _____.

A) family responsibilities
B) physical pain
C) historical interpretations
D) the gender of the offender

Question 43

Which of the following is true of the current norms and standards with regard to capital punishments in the United States?

A) There are officially twelve states in America that have discontinued the use of capital punishment.
B) Public support for executions tends to rise when the penalty is linked with certain crimes, such as the killing of law enforcement officers.
C) The constitutionality of capital punishment is frequently questioned by most Supreme Court judges.
D) A vast majority of the states in America have carried out executions in the recent past.

Question 44

Walter was a prison inmate on death row in the year 1892. Based on the methods of execution employed at the time, Walter was most likely put to death by _____.

A) a lethal injection
B) hanging
C) electrocution
D) a firing squad

Question 45

Restitution is the philosophy that society is best served when wrongdoers are provided the resources needed to eliminate their criminal behavior.

Question 46

In which of the following cases did the U.S. Supreme Court hold that cruel and unusual punishment is defined by the changing norms of society and is not based on historical interpretations?

A) Furman v. Georgia
B) Weems v. United States
C) Roper v. Simmons
D) Gregg v. Georgia

Question 47

Retributive justice implies that a wrongdoer is punished with the sole purpose of satisfying a victim or victims.

Question 48

The basic idea of general deterrence is that by punishing one person, society discourages others from committing a similar crime.

Question 49

Damien is a drug dealer and is arrested for a murder that takes place during drug trafficking. Using the bifurcated death penalty process, it is found that Damien is guilty and his crime is one that is punishable by death. Which of the following would be the next step taken by the jury under this process?

A) Deciding the least painful method of execution to be used
B) Referring to the federal sentencing guidelines and mandatory sentencing guidelines
C) Analyzing the victim impact statements
D) Analyzing the aggravating and mitigating circumstances surrounding the crime

Question 50

In which of the following ways does a victim impact statement (VIS) help judges and juries?

A) It provides them with an understanding of all of the consequences of a crime.
B) It prevents them from deviating from the stipulated sentencing guidelines.
C) It decreases the chances of sentencing disparity and discrimination.
D) It helps set standards for violent crimes.

Question 51

The United States is the only Western democracy that:

A) does not use lethal gas as a method of execution.
B) uses capital punishment for drug-related offenses.
C) continues the use of capital punishment.
D) uses a firing squad for executions.

Question 52

Several mitigating circumstances will prevent a defendant found guilty of first-degree murder from receiving _____.

A) life imprisonment
B) the death penalty
C) a probation order
D) restorative justice

Question 53

In which of the following ways do victim impact statements (VISs) negatively influence sentencing decisions?

A) They fail to provide judges with an understanding of all of the consequences of a crime.
B) They result in the sentencing process being solely governed by reason rather than emotion.
C) They tend to distract judges and juries from the facts of a case.
D) They limit the judicial discretion of judges and juries.

Question 54

In states with indeterminate sentencing, parole boards have limited powers to release prisoners once they have served the minimum portion of their sentence.

Question 55

For offenders, the amount of time spent in prison often depends as much on where a particular crime was committed as on the crime itself.

Question 56

Restitution and community service are seen as reparations to an injured party or to the community.

Question 57

In determinate sentencing, an offender serves exactly the amount of time to which she or he is sentenced.

Question 58

According to the Supreme Court, the death penalty does not violate the Eighth Amendment as long as:

A) the methods of execution are not carried out with the help of sedatives.
B) it ignores the changing norms and standards of society.
C) it is based on the same standards of punishment that were followed in the past.
D) the methods of execution are not carried out in an inhuman fashion.

Question 59

Restorative justice strategies attempt to repair the damage that a crime does to the victim, the victim's family, and society as a whole.

Question 60

Identify a true statement about capital punishment.

A) This is one of the primary factors responsible for the increased use of retributive justice.
B) It is usually carried out in the absence of informed discretion.
C) It is not executed by the federal courts.
D) Today, thirty-one states have capital punishment laws based on the bifurcated process.

Question 61

Briefly describe the concept of indeterminate sentencing.

Question 62

Mandatory sentencing guidelines limit a judge's power to deviate from determinate sentencing laws by setting firm standards for certain crimes.

Question 63

Discuss the state and federal mandatory minimums.

Question 64

Research has shown that hearing victim impact statements makes jurors less likely to impose the death penalty.

Question 65

Explain the principle of retribution and how it differs from revenge.

Question 66

List the ways in which sentencing disparity occurs.

Question 67

Explain the "three-strikes" legislation with an example.

Question 68

Describe the provisions of the Crime Victims' Rights Act.