Question 1

Under a(n) ______ scheme, the law prescribes the specific punishments.

Accepted Answer

Under a mandatory sentencing scheme, the law prescribes the specific punishments.

Question 2

______ is when the offender is sentenced to a specific term.

Accepted Answer

Determinate sentencing is when the offender is sentenced to a specific term, which is predetermined by the law or the sentencing judge. This is different from indeterminate sentencing, where the offender is given a range of possible sentences and the actual length of the sentence is determined by parole boards or other review processes. Retributive sentencing refers to a punishment that is intended to be proportional to the severity of the crime, and mandatory sentencing refers to laws that require certain minimum sentences for certain crimes.

Question 3

Each federal crime is classified on the basis of ______.

Accepted Answer

Each federal crime is classified based on the severity, which is determined by factors such as the harm caused, the level of intent, and the impact on society. The severity of the crime determines the potential penalties, such as fines and imprisonment, that can be imposed on the defendant.

Question 4

Indeterminate sentencing structures fit within the ______ focus.

Accepted Answer

Indeterminate sentencing structures are designed to focus on rehabilitation and individualized treatment, rather than fixed punishments. This approach aims to address the underlying causes of criminal behavior and help offenders successfully reintegrate into society.

Question 5

As part of the ______ of 1984, the U.S.Sentencing Commission was tasked with crafting sentencing guidelines at the federal level.

Accepted Answer

The U.S. Sentencing Commission was created by the Sentencing Reform Act of 1984, which instructed the commission to develop sentencing guidelines to provide more uniformity and consistency in federal sentencing. Therefore, choice B, Sentencing Reform Act, is the correct choice.

Question 6

______ practices generally set a minimum sentence length.

Accepted Answer

The answer of ______ practices generally set a minimum sentence...

Question 7

Sentencing guidelines were created for which of the following reasons?

Accepted Answer

The primary purpose of sentencing guidelines is to eliminate discrimination in the courts based on factors such as race, gender, and socioeconomic status. By creating a standardized set of guidelines for judges to follow, the hope is that sentences will be more consistent and fair for all defendants.

Question 8

Indeterminate sentencing was first featured during the ______ era.

Accepted Answer

Indeterminate sentencing was first introduced during the Progressive Era of the early 1900s. This era saw a focus on rehabilitation and individualized justice, which led to the development of indeterminate sentencing as a way to tailor punishments to the needs of the offender.

Question 9

For the crime of rape, the law in Robert's state requires that he receive a 20-year prison sentence.This is an example of what type of sentencing?

Accepted Answer

Robert's sentence is predetermined by law and has no room for discretion by the judge or parole board, making it an example of mandatory sentencing.

Question 10

As part of the Sentencing Reform Act of 1984, the U.S.Sentencing Commission was tasked with crafting sentencing guidelines at the ______ level.

Accepted Answer

The Sentencing Reform Act of 1984 specifically tasked the U.S. Sentencing Commission with creating guidelines for federal sentencing, so the correct answer is federal (C). The other options (local, state, tribal) were not mentioned in the act as areas for the commission to address.

Question 11

One of the major criticisms of ______ practices is that they prevent the judge from considering the unique characteristics of the offense or the offender in handing down a sentence.

Accepted Answer

Mandatory sentencing practices require judges to impose a specific sentence for a particular offense, regardless of any extenuating circumstances or individual factors. This means that judges cannot take into account the unique characteristics of the offense or the offender, which can lead to sentences that are overly harsh or do not fit the specific circumstances of the crime.

Question 12

Which of the following court cases held that while the state sentencing guidelines that were used were intended to serve as a mandatory sentencing scheme, they violated a defendants 6th Amendment right to a trial by jury?

Accepted Answer

Blakely v. Washington held that the state sentencing guidelines were unconstitutional under the 6th Amendment because they allowed judges to make factual findings that increased a defendant's sentence beyond the maximum authorized by the jury's verdict. This decision was later upheld and extended to the federal sentencing guidelines in United States v. Booker.

Question 13

In ______ the U.S.Supreme Court held that mandatory death sentences in cases of first-degree murder were unconstitutional because they did NOT allow for a jury to weigh in on the aggravating and mitigating factors when making a sentence recommendation?

Accepted Answer

Woodson v. North Carolina was the case that held mandatory death sentences in cases of first-degree murder were unconstitutional because they did not allow for a jury to weigh in on the aggravating and mitigating factors when making a sentence recommendation. Gregg v. Georgia upheld the constitutionality of the death penalty in certain circumstances. Johnson v. United States addressed issues related to mandatory minimum sentences for drug offenses, and Proffitt v. Florida addressed the constitutionality of Florida's death penalty law.

Question 14

With indeterminate sentences, the actual time served is determinate by a ______.

Accepted Answer

The actual time served in the case of indeterminate sentences is determined by a parole board, which reviews the case and decides when an inmate can be released based on various factors such as behavior, rehabilitation progress, and the nature of the crime.

Question 15

Early release based on the behavior of the offender is referred to as ______.

Accepted Answer

Early release based on behavior of the offender is referred to as parole. Probation is a period of supervision given instead of incarceration, house-arrest is a type of confinement where a person is required to stay within the confines of their residence but is not an early release, and restoration refers to repairing harm caused by criminal behavior.

Question 16

Each federal crime is classified on the basis of its severity level and is ranked on a scale of ______.Depending on the specific circumstances of the crime and the defendant's role in the offense, this value may be increased.

Accepted Answer

Federal crimes are classified on a scale of 1-43, according to the Federal Sentencing Guidelines. This scale helps determine the severity of the crime and the corresponding sentencing range, which can be adjusted based on various factors related to the offense and the defendant's role.

Question 17

Under mandatory sentencing schemes, the power of sentencing shifted to the ______.

Accepted Answer

The answer of Under mandatory sentencing schemes, the power of...

Question 18

The maximum sentence is reflected in the laws set forth by the ______.

Accepted Answer

The maximum sentence for a crime is set forth in the laws passed by the legislature, which is responsible for creating and amending the legal framework of the country. While judges have the authority to interpret and apply these laws, they cannot exceed the maximum sentence prescribed by the legislature. The president and governor are executive branch officials who do not play a direct role in setting criminal sentencing guidelines.

Question 19

Federal sentencing guidelines now serve as a(n) ______ practice.

Accepted Answer

In 2005, the Supreme Court ruled in United States v. Booker that the mandatory federal sentencing guidelines were unconstitutional. Since then, federal sentencing guidelines are now advisory, meaning judges are not bound by them but must consider them when determining a sentence.

Question 20

Which of the following cases held that sentencing enhancements for violent felonies under the Armed Career Criminals Act are unconstitutional on the grounds that defendants were denied their right to due process and that the law was vague in its application?

Accepted Answer

Johnson v. United States held that sentencing enhancements for violent felonies under the Armed Career Criminals Act are unconstitutional on the grounds that defendants were denied their right to due process and that the law was vague in its application. The other cases listed are not relevant to this issue.

Quiz 10: Punishment and Sentencing