Question 1

Which of the following sentencing philosophies is viewed as the most humane?

Accepted Answer

Rehabilitation is considered the most humane sentencing philosophy as it focuses on reforming the offender and reintegrating them into society, rather than solely punishing them.

Question 2

Which of the following is NOT one of the four basic philosophical reasons for sentencing?

Accepted Answer

Revenge is not considered a basic philosophical reason for sentencing. The four basic reasons are deterrence, incapacitation, retribution, and rehabilitation.

Question 3

"Punishment is society's means of expressing condemnation of illegal acts such as embezzlement." This is the basic principle of which sentencing philosophy?

Accepted Answer

Retribution is the sentencing philosophy that focuses on punishment as a form of societal condemnation for illegal acts, reflecting the idea of "just deserts."

Question 4

A sum of money paid in compensation for damages done to the victim is:

Accepted Answer

Restitution is the payment made to a victim to compensate for damages or losses caused by the offender.

Question 5

A(n)_______ circumstance is any circumstance accompanying the commission of a crime that may justify a harsher sentence.

Accepted Answer

Aggravating circumstances are those that increase the severity of a crime and can be considered by a judge in sentencing.

Question 6

"John reportedly used the stolen money to fuel his cocaine and gambling habits. While in prison, he can receive treatment and training to address these problems." This would be an explanation for which sentencing philosophy?

Accepted Answer

The statement focuses on providing treatment and training to address John's problems, which aligns with the philosophy of rehabilitation, aiming to reform the offender.

Question 7

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

Accepted Answer

Judicial discretion refers to the ability of judges to use their own judgment and discretion in determining appropriate punishments for criminals, taking into account the specific circumstances of the case and the defendant. This assumes that judges have the knowledge, experience, and wisdom to make decisions that are fair, just, and reasonable.

Question 8

What type of sentencing law requires that murderers and others convicted of serious crimes complete a certain percentage of their sentences with no time off for good behavior?

Accepted Answer

Truth-in-sentencing laws require offenders, particularly those convicted of serious crimes, to serve a substantial portion of their sentence, often 85% or more, without reductions for good behavior.

Question 9

Any circumstance accompanying the commission of a crime that may justify a lighter sentence is known as a(n) ____.

Accepted Answer

A mitigating circumstance is any factor that can be considered by a judge or jury in determining a sentence that may result in reducing the severity of the sentence. This includes factors such as cooperation with law enforcement, mental illness, or a difficult upbringing. Aggravating circumstances, on the other hand, would increase the severity of the sentence, while conviction circumstances and real circumstances are not commonly referred to in the legal context of sentencing.

Question 10

A period of incarceration that is fixed by a sentencing authority and cannot be reduced by judges or other corrections officials is called ______sentencing.

Accepted Answer

Determinate sentencing refers to a fixed term of incarceration imposed by a sentencing authority, which cannot be altered by judges or corrections officials.

Question 11

What type of sentencing occurs when a judge determines the minimum and maximum terms of imprisonment?

Accepted Answer

The answer of What type of sentencing occurs when a...

Question 12

House arrest, electronic monitoring, and boot camp are all examples of:

Accepted Answer

House arrest, electronic monitoring, and boot camp are all alternative sanctions, meaning they are punishments that are alternatives to traditional incarceration or probation.

Question 13

What is the oldest and most common justification for punishment?

Accepted Answer

Retribution is the oldest and most common justification for punishment, based on the idea of "an eye for an eye," where the punishment is proportionate to the offense.

Question 14

The strategy of preventing crime through the threat of punishment is called:

Accepted Answer

The strategy of preventing crime through the threat of punishment is known as deterrence. This can be achieved by increasing the severity or certainty of punishment, or by improving the perception of the risk of getting caught. The other answer choices, incapacitation, rehabilitation, and retribution, focus on dealing with offenders after a crime has been committed, rather than preventing crime from happening in the first place.

Question 15

"Incarcerated criminals are not a threat to the general society for the duration of their time behind bars." This would be a basic example for which sentencing philosophy?

Accepted Answer

Incapacitation is the sentencing philosophy that seeks to protect society from criminals by removing them from society for the duration of their sentence.

Question 16

Truth-in-sentencing laws, in the majority of states, require murderers and other offenders convicted of serious crime to serve at least ______of the sentence handed down by the judge.

Accepted Answer

Truth-in-sentencing laws typically require offenders convicted of serious crimes to serve at least 85% of their sentence before being eligible for parole.

Question 17

Mitigating circumstances may include:

Accepted Answer

Mitigating circumstances are factors that lessen the severity of a crime or reduce the culpability of an offender. A passive role in the offense can indicate a lack of intent or lesser involvement in the crime, which could be considered a mitigating circumstance. Prior record, use of a weapon, and disregard for the safety of others would generally not be considered mitigating circumstances.

Question 18

Which of the following is NOT a judicial disposition?

Accepted Answer

Parole is a conditional release from prison, not a judicial disposition. Judicial dispositions are decisions made by a court, such as imprisonment, fines, or probation.

Question 19

What is the primary factor in a judge's sentencing decision?

Accepted Answer

The seriousness of the crime is typically the primary factor in a judge's sentencing decision, as it directly relates to the severity of the punishment that is deemed appropriate.

Question 20

Who prepares the presentence investigation report?

Accepted Answer

The probation officer is responsible for preparing the presentence investigation report, which provides the court with detailed information about the defendant to assist in sentencing decisions.

Quiz 9: Punishment and Sentencing