Question 1

Cullen and Gilbert argue that new sentencing legislation is typically ___________ in its central features.

Accepted Answer

According to the sentence, Cullen and Gilbert argue that new sentencing legislation is typically "far more conservative than liberal" in its central features.

Question 2

Which of the following is not a core parameter of the justice model?

Accepted Answer

Discretion in the criminal justice and correctional systems should not be increased according to the justice model, as it aims to standardize punishments and reduce individualized decision-making. Instead, the justice model emphasizes consistency and uniformity in sentencing and punishment.

Question 3

According to Cullen and Gilbert, ____________ is determined by the harmfulness of the criminal act as well as offender culpability.

Accepted Answer

Desert is a concept that focuses on the degree of moral blameworthiness or culpability of a criminal offender. It takes into account both the harmfulness of the criminal action and the offender's level of intent, knowledge, and awareness of the harm caused. Therefore, desert is closely related to the idea of proportionate punishment, where the severity of the punishment should match the seriousness of the offender's moral blameworthiness. Presumptive sentences, retribution, and restitution do not necessarily take into account the offender's level of culpability in the commission of the crime.

Question 4

According to Cavender and Musheno's determinate sentencing categories, a presumptive sentence is one in which ____________.

Accepted Answer

A presumptive sentence is defined by the legislature setting a specific term for each offense but also allowing for a range from which a term may be selected based on aggravating or mitigating factors. This approach provides a baseline sentence while still permitting some judicial discretion based on the circumstances of the case.

Question 5

According to Cavender and Musheno's determinate sentencing categories, ___________ are those in which the legislature provides a range of sentences for each offense from which the judge selects a particular fixed penalty.

Accepted Answer

Definite sentences are those in which the legislature provides a range of sentences for each offense from which the judge selects a particular fixed penalty. Mandatory sentences are a type of definite sentence in which there is a specific minimum sentence required by law. Guidelines and presumptive sentences refer to sentencing approaches that involve recommended or suggested sentences based on various factors, rather than a predetermined range of sentences.

Question 6

In Illinois, the intent of ___________ was to "get tough on crime" by singling out certain former Class 1 crimes for particularly severe terms without possibility of probation.

Accepted Answer

Class X is a category of felony offenses in Illinois that requires a mandatory sentence of imprisonment without the possibility of probation, unless a judge finds that extraordinary circumstances exist. The intent behind Class X sentencing was to impose harsher punishment on serious offenders and to deter individuals from committing certain crimes.

Question 7

____________ systems may be attractive to state legislatures in that they are less subject to charges of ineffectiveness than are utilitarian goals.

Accepted Answer

Retributive systems focus on punishment proportionate to the crime, which can be seen as more straightforward and less prone to ineffectiveness compared to utilitarian goals like rehabilitation or deterrence.

Question 8

According to Cullen and Gilbert, goals of proportionate punishment, individualized handling, deterrence, incapacitation, and rehabilitation ______________ in many states. Thus, determinate sentencing seems on its face to promise "something for everyone."

Accepted Answer

The sentence "proportionate punishment, individualized handling, deterrence, incapacitation, and rehabilitation co-exist in many states" implies that these goals are all present in the justice system simultaneously. The authors suggest that determinate sentencing seems appealing because it could potentially address all of these goals.

Question 9

Mandatory sentencing strategies can be viewed as primarily a ____________ strategy, particularly when mandatory enhancements represent large increases over the base penalties.

Accepted Answer

Mandatory sentencing strategies are primarily seen as deterrent and incapacitative because they aim to deter individuals from committing crimes by imposing strict, non-negotiable penalties, and incapacitate those who are convicted by removing them from society for a predetermined period. These strategies do not focus on rehabilitation.

Question 10

The potential for sentencing disparity is _____________ if the range of possible sentences for a given category of offenses is ____________.

Accepted Answer

Sentencing disparity is more likely when there is a wide range of possible sentences, as it allows for more variability in sentencing decisions.

Question 11

Whether to sentence an offender to an enhanced or extended term is a decision which frequently rests with ___________.

Accepted Answer

The decision to sentence an offender to an enhanced or extended term is part of the sentencing process, which is within the purview of the judiciary. While the legislature may establish laws for enhanced or extended sentencing, it is ultimately up to the judge to apply them in individual cases. Prison officials do not have the authority to determine sentencing, and while prosecutors may seek enhanced or extended terms, it is the judge who ultimately makes the decision.

Question 12

Since parole boards have, for the most part, lost their sentencing role in determinate-sentencing states, institutional officials have gained increased power through their discretion over ____________.

Accepted Answer

Good time refers to the amount of time that an inmate can have reduced from their sentence for good behavior and participation in rehabilitation programs while in prison. Institutional officials have the discretion to determine an inmate's eligibility and amount of good time, thus giving them increased power in the process.

Question 13

Prosecutors tend to have more power under a determinate-sentencing scheme because of the availability of _____________ as a bargaining tool.

Accepted Answer

Enhancements or sentence enhancements are additional years added to a sentence for certain specified factors such as prior criminal convictions or the use of a weapon during the crime. Prosecutors can use the threat of seeking enhancements to encourage a defendant to plead guilty or cooperate with the prosecution, giving them more power under determinate sentencing schemes.

Question 14

Which of the following is not a factor that may contribute substantially to rising prison populations and/or prison overcrowding?

Accepted Answer

Increased use of community sanctions would not contribute to rising prison populations or overcrowding. In fact, diverting offenders from prison to community sanctions would help alleviate prison overcrowding. Options A, B, and D all contribute to rising prison populations and/or overcrowding by increasing the number of offenders sentenced to prison, the length of their sentences, and/or the difficulty of releasing them from prison.

Question 15

Which of the following best describes sentencing guidelines and parole release guidelines?

Accepted Answer

Sentencing guidelines and parole release guidelines are set by a panel of judges, statewide sentencing commission, or by the state parole board who seek to reduce sentence disparity by structuring the discretion of judges and parole boards. These guidelines aim to provide a standard for judges to follow, taking into account the severity of the crime and the offender's background, in order to increase consistency in sentencing. Similarly, parole release guidelines are established to ensure that parole decisions are based on consistent and objective criteria.

Question 16

Guidelines for sentencing can be formulated by ____________.

Accepted Answer

Guidelines for sentencing can be formulated by both a sentencing commission and judges. Sentencing commissions are independent bodies created to provide sentencing guidelines to judges. These guidelines are not mandatory but can be used as a reference by judges when considering the appropriate sentence for a particular offense. Ultimately, judges have the discretion to deviate from these guidelines if they deem it necessary based on the specific circumstances of the case.

Question 17

The starting point for the development of sentencing guidelines is usually ___________. This helps establish the most important factors explaining variations in sentences.

Accepted Answer

The starting point for the development of sentencing guidelines is usually an analysis of past sentencing practices in a jurisdiction. This helps identify the factors that have contributed to variations in sentences and serves as a basis for developing more consistent and fair sentencing guidelines. Analysis of the type of people who commit crime, the type of crimes that are committed most often, and the type of neighborhoods where crime is committed may also be important factors to consider, but they are typically not the primary starting point for developing guidelines.

Question 18

If a judge determined an offender's appropriate presumptive sentence by locating the offender in a grid with respect to the seriousness of the offense and the offender's criminal history score, he or she would be using what type of sentencing guidelines?

Accepted Answer

The type of sentencing guidelines described in the scenario is sentencing guidelines, which involve using a grid to determine an appropriate sentence based on the seriousness of the offense and the offender's criminal history. Legislatively based guidelines are created by the legislature, while parole release guidelines focus on determining an offender's eligibility for parole. Deterrence guidelines focus on deterring criminals from committing crimes rather than determining appropriate sentences.

Question 19

The idea for ___________ guidelines originated with the United State Parole Commission as a means of sentencing federal offenders.

Accepted Answer

The answer of The idea for ___________ guidelines originated with...

Question 20

Intended to reflect a "modified desert" philosophy, ____________ guidelines consist of a matrix that combines both offense severity and offender criminal history/risk variables; a range of terms that is within the maximum terms set by statute for each class of offense is available for each offense and offender combination on the matrix.

Accepted Answer

The answer of Intended to reflect a "modified desert" philosophy,...

Quiz 6: Implementing the Justice Model: Problems and Prospects