Deck 11: Punishment and Sentencing

Question 1

occur(s)when an inmate is awarded early release from prison,but is supervised in the community for a specified amount of time.

A)Intermediate sanctions
B)Parole
C)Creative sentencing
D)Probation

Answer 1

D

Question 2

Victim impact statements are offered verbally or in writing during the sentencing phase of the justice process.

Answer 2

True

Question 3

The U.S.Supreme Court has refused to eliminate the death penalty for juveniles.

Answer 3

False

Question 4

In states where indeterminate sentencing is utilized,the inmate's release date is determined by .

A)the legislature.
B)the department of corrections through the awarding of good time.
C)the judge.
D)the parole board.

Question 5

Judges are not uniform or even consistent in their opinions concerning what is aggravating and what is mitigating.

Question 6

Truth-in-sentencing laws require offenders to serve 100% of their sentences with no time off for good behavior.

Question 7

The sentencing option most consistent with restorative justice is

A)apologies.
B)imprisonment.
C)fines.
D)probation.

Question 8

Those that support the death penalty argue that it is an effective deterrent to future offending.

Question 9

Which of the following is not true regarding "good­time"?

A)Good-time programs are generally disparaged by the public.
B)Good-time eases prison overcrowding.
C)Good-time programs promote discipline within correctional institutions.
D)All states have good-time programs for inmates.

Question 10

The seriousness of the crime is the primary factor in a judge's sentencing decisions.

Question 11

Sentencing disparity occurs when different offenders receive different sentences for similar offenses.

Question 12

A form of deterrence that is designed to prevent the offender from offending again is

A)general deterrence.
B)specific deterrence.
C)offender-based deterrence.
D)individualized deterrence.

Question 13

Data compiled by the U.S.Sentencing Commission indicates that

A)women are more likely to serve longer sentences then their males counterparts.
B)judges may treat female defendants more "gently" than they treat male defendants.
C)women are treated more harshly than men when being evaluated for parole.
D)juries tend to show more leniency toward female defendants in cases involving violent crime.

Question 14

Restorative justice focuses on repairing the damage that a crime does to the victim,the victim's family,and society
as a whole.

Question 15

Non-traditional sentences such as yoga classes for offenders with anger issues is an example of

A)discretionary sentencing.
B)restorative sentencing.
C)indeterminate sentencing.
D)creative sentencing.

Question 16

The idea that by punishing one person the larger community will be deterred is known as general deterrence.

Question 17

A disproportionate percentage(42%)of those on death row are Black,indicating that the death penalty may be

A)fallible.
B)discriminatory.
C)wrongful
D)arbitrary.

Question 18

Under truth-in-sentencing laws what percentage of the sentence must be served by the offender?

A)85%
B)100%
C)60%
D)75%

Question 19

The text explains that sentencing discrimination results when

A)mitigating or aggravating circumstances have a disproportionate effect on sentencing.
B)similar offenders receive dissimilar punishments.
C)disparities can be attributed to extralegal variables such as gender,race,or socioeconomic status.
D)offenders who have committed dissimilar crimes receive similar punishments.

Question 20

All states offer prisoners the opportunity to reduce their sentence by doing 'good time'-that is,behaving well.

Question 21

In almost all circumstances,the goal of victim impact statements is to .

A)allow victims to gain closure.
B)increase the harshness of the sentence.
C)protect the constitutional rights of the victim.
D)dissuade juries from capital punishment.

Question 22

In states with determinate sentencing,the prisoner's sentence is determined by

A)the jury.
B)the legislature.
C)the judge.
D)corrections officials.

Question 23

are legislatively determined guidelines that judges are required to follow when sentencing those convicted of specific crimes.

A)minimum sentencing guidelines
B)mandatory sentences
C)sentencing guidelines
D)three strikes

Question 24

A situation in which the length of a sentence appears to be influenced by a defendant's race,gender,economic status,or other factor not directly related to the crime he or she committed is called

A)sentencing disparity
B)sentencing discrimination
C)departure
D)sentencing guidelines

Question 25

Statutes that require lengthy prison sentences for those who are convicted of multiple felonies are called .

A)"three strikes" laws
B)habitual offender laws
C)incorrigible sentencing
D)mandatory minimum sentences

Question 26

Which of the following is considered a mitigating circumstance?

A)A history of physical abuse as a child.
B)A history of prior convictions.
C)Blatant disregard for the safety of others.
D)The use of a weapon in the commission of the crime.

Question 27

The most common method of carrying out the death sentence in the United States is

A)hanging.
B)the gas chamber.
C)lethal injection.
D)electrocution.

Question 28

In which case did the U.S.Supreme Court invalidate the death penalty for over six hundred offenders on death row at the time?

A)Furman v.Georgia(1972)
B)Payne v.Tennessee(1991)
C)Weems v.United States(1910)
D)Williams v.State(1997)

Question 29

As a result of the Sentencing Reform Act of 1984,sentences have

A)become shorter.
B)become harsher.
C)become more community-based.
D)become more creative.

Question 30

All of the following are concerns with victim impact statements except

A)that they are a time-consuming and expensive addition to the court process.
B)that they create sentencing disparity by focusing the punishment on the value of the victim rather than on the crime.
C)that they serve to "inflame the jury."
D)that they distract from the facts of the case.

Question 31

All of the following are types of punishment except

A)probation.
B)restitution.
C)rehabilitation.
D)fines

Question 32

The concept of "just deserts" is most closely associated with the punishment theory of

A)retribution.
B)vigilantism.
C)good time.
D)revenge.

Question 33

Circumstances that allow for a lighter sentence to be handed down are

A)compassionate circumstances.
B)aggravating circumstances.
C)extenuating circumstances.
D)mitigating circumstances.

Question 34

Any circumstances accompanying the commission of a crime that may justify a lighter sentence is a

A)real offense
B)mitigating circumstance
C)aggravating circumstances
D)presentence investigative report

Question 35

Sentencing disparity occurs in one of three ways.Which of the following is not one of those ways?

A)Criminals receive similar sentences for different crimes of unequal seriousness.
B)None of these choices
C)Criminals receive different sentences for similar crimes.
D)Mitigating or aggravating circumstances have a disproportionate effect on sentences.

Question 36

In which case did the U.S.Supreme Court upheld California's "three­strikes" law?

A)Lockyer v.Andrade(2003)
B)Blakely v.Washington(2004)
C)United States v.Booker(2005)
D)Rummel v.Estelle(1980)

Question 37

In which case did the U.S.Supreme Court bar the execution of the mentally handicapped?

A)Gregg v.Georgia(1976)
B)Roper v.Simmons(2005)
C)McCleskey v.Kemp(1987)
D)Atkins v.Virginia(2002)

Question 38

The is based on the behavior of the defendant,and may or may not be reflected in the official conviction.

A)conviction offense
B)real offense
C)actual offense
D)plea offense

Question 39

The application of the death penalty is determined by

A)prosecutorial choice.
B)the jury.
C)statutory law.
D)the case judge.

Question 40

Sentencing disparity,based on extralegal variables or other factors not directly related to the crime,is referred to as

A)variable disparity.
B)sentencing disparity.
C)sentencing discrimination.
D)geographic disparity.

Question 41

Gallo's fifty-one year prison sentence would likely be an example of what type of sentencing?

A)Determinate
B)Indifferent
C)Limited
D)Indeterminate

Question 42

laws require murderers and others convicted of serious crimes to serve at least
85% of their sentences with no time off for good behavior.

Question 43

Given the possible sentences in Norway and the United States for similar crimes,the role of victim impact statements would have the greatest impact in which country?

A)Norway
B)United States
C)Equal impact between the United States and Norway
D)Victim impact statements would have negligible impact in both the US and Norway

Question 44

Which of the factors below would likely have had the most impact on the sentencing decision of Judge Jones,given what we know from the preface?

A)the seriousness of the crime
B)aggravating circumstances
C)mitigating circumstances
D)judicial philosophy

Question 45

In Roper v.Simmons,the U.S.Supreme Court held that it was cruel and unusual to execute offenders who were .

Question 46

The differences in the punishment of Gallo and Ravi is an example of

A)specific deterrence
B)general deterrence
C)sentencing discrimination
D)sentencing disparity

Question 47

In comparing the maximum possible sentences Breivik would receive in Norway and the United States,one might conclude that American justice is focused on what philosophy the least?

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

Question 48

One argument against the death sentence is its ,or the concern that an innocent person will be wrongly convicted and subsequently executed.

Question 49

If Breivik receives the maximum sentence allowed in Norway of twenty-one years in prison,which statement would best reflect that decision?

A)Norway's legal system is based on retribution,whereby the punishment fits the crime.
B)Norway intends to incapacitate Breivik to ensure he never inflicts further harm
C)Norway hopes to rehabilitate Breivik
D)Since others will undoubtedly murder,and maybe even copycat Breivik's crime,deterrence is a likely goal.

Question 50

Given only the information provided in the preface,the differences in the punishment of Gallo and Ravi would be best explained by

A)differences in the seriousness of the two crimes
B)mitigating circumstances
C)aggravating circumstances
D)judicial philosophy

Question 51

What would likely have had the least impact on the sentencing decision of Judge Jones,given what we know from the preface?

A)victim impact statements
B)aggravating circumstances
C)rehabilitate justice
D)presentence investigative report

Question 52

Norway's penal code in this case would reflect what type of sentencing?

A)Determinate
B)Indifferent
C)Limited
D)Indeterminate

Question 53

Those who favored a more severe punishment for Dharun Ravi would have been guided by the principles of

A)specific deterrence
B)general deterrence
C)incapacitation
D)rehabilitation

Question 54

Victim impact statements would be difficult to collect in this case because

A)it would be difficult to identify specific victims
B)the victims had been intimidated not to testify
C)the victims were all located in foreign countries
D)of the existence of a language barrier

Question 55

Critics of the sentencing decision of Judge Jones in this case would have pointed to this case as an example of

A)the need for sentencing reform
B)the wise decisions justices will make when given discretion
C)the role of determinate sentencing in the decisions of justices
D)how statutory laws have limited independent thinking from the bench

Question 56

When criminals receive similar sentences for different crimes of unequal seriousness,this is .

Question 57

is the philosophy that society is best served by helping wrongdoers eliminate crime from their behavior patterns.

Question 58

What could the three men from West Africa not claim after having been given their sentences?

A)sentencing discrimination
B)sentencing disparity
C)indiscriminate sentencing
D)"three strikes" legislation

Question 59

The sentence handed down to Ravi would suggest that Judge Berman was motivated by which sentencing philosophy?

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

Question 60

The penal code in the United States which allows for the death penalty would in this case would reflect what type of sentencing philosophy?

A)Determinate
B)Just deserts
C)Discriminatory
D)Indeterminate

Question 61

Habitual offender laws are a common form of sentencing.

Question 62

is an approach to punishment designed to repair the harm done to the victim and the community by
the offender's criminal act.

Question 63

are those circumstances,such as the fact that the defendant was coerced into committing the crime,that allow a lighter sentence to be handed down.

Question 64

The ,or the idea that women should be treated more leniently than men,plays a large role in sentencing decisions.

Question 65

sentencing is a type of sentencing where the judges determines the minimum and maximum terms of imprisonment.

Question 66

Both state and federal sentencing guidelines allow an "escape hatch" of limited judicial discretion known as a
.

Question 67

is the actual offense committed,as opposed to the charge levied by a prosecutor as the result of a plea bargain.

Question 68

A fine is _______ made to the victim.

Question 69

The remained the primary form of execution until 1977,when Oklahoma became the first state to adopt lethal injection.

Question 70

laws are also known as "three­strikes­and­you're­out" laws.

Question 71

is a strategy for preventing crime by detaining wrongdoers in prison,thereby separating them from the community and reducing criminal opportunities.

Question 72

A stipulation in many federal and state sentencing guidelines that allows a judge to adjust his or her sentencing decision based on the special circumstances of a particular case is called .

Question 73

An investigative report on an offender's background that assists a judge in determining the proper sentence is
called a .

Question 74

The basic idea of is that by punishing one person,others will be discouraged from committing a similar crime.

Question 75

sanctions combine probation with other types of punishment,such as electronic monitoring.

Question 76

is the use of the death penalty to punish wrongdoers for certain crimes.

Question 77

The judge may make use of a report in order to understand the offender's background before
handing down a sentence.

Question 78

Prisoners can reduce their sentence by earning while in prison.

Question 79

A document given to the judge in which the victim outlines the impact that the crime has had on the victim or the
victim's family is known as a _.

Question 80

In sentencing,the period of incarceration is fixed by the sentencing authority.