Question 1

Victim Impact statements generally have a profound impact on the sentence that a defendant receives.

Accepted Answer

Victim impact statements can influence sentencing, but the extent of their impact varies by jurisdiction and case, and they are not always a determining factor in the sentence.

Question 2

A victim-impact statement is:

Accepted Answer

A victim-impact statement is a written statement prepared by the victim (or family member of the victim) describing the harm caused by the crime. It is typically used during the sentencing phase of a criminal case to assist the judge in determining an appropriate sentence. It is not provided by the defendant as an apology and is not unconstitutional.

Question 3

Fines are one of the oldest and a widely used type of criminal sanction.

Accepted Answer

Fines have been used as a form of punishment for thousands of years, making it one of the oldest criminal sanctions still in use today.

Question 4

The Restoration principle is a goal of sentencing that seeks to make the victim "whole again".

Accepted Answer

The Restoration principle aims to repair the harm caused by the offender towards the victim and community, and to make the victim "whole again". It is one of the four main goals of sentencing, along with rehabilitation, deterrence, and retribution.

Question 5

A model of criminal justice punishment that encourages rehabilitation through the use of general relatively unspecific sentences is called:

Accepted Answer

Indeterminate sentencing is a model of criminal justice punishment that encourages rehabilitation through the use of general and relatively unspecific sentences. This means that the length of the sentence and the release date are not always set in stone, but can be adjusted based on the progress of rehabilitation and other factors. This allows for more individualized treatment of offenders and a focus on encouraging their rehabilitation and reintegration into society.

Question 6

The U.S.Constitutional Amendment that prohibits cruel and unusual punishment is:

Accepted Answer

The Eighth Amendment to the U.S. Constitution prohibits the government from imposing cruel and unusual punishment on those accused or convicted of crimes. This amendment also prohibits excessive fines and bail.

Question 7

Which one of the following is not a main rationale in opposing the death penalty?

Accepted Answer

The main rationales for opposing the death penalty typically focus on moral, ethical, and practical concerns such as cost, deterrence, and fairness. While the appeals process can be lengthy, the primary arguments against the death penalty are more about its effectiveness, cost, and fairness rather than the burden on the court system.

Question 8

Proportionality is defined:

Accepted Answer

Proportionality in criminal justice refers to the idea that the severity of the sanctions should be directly related to the seriousness of the crime. This means that the punishment should be proportional to the harm caused by the crime. For example, a minor traffic violation should not result in the same punishment as a violent crime.

Question 9

A capital offense is punishable by death.

Accepted Answer

A capital offense is a crime that is punishable by death.

Question 10

The use of court-ordered community service,home detention,day reporting,drug treatment, psychological counseling,victim-offender programming,or intensive supervision in lieu of other more traditional sanctions,such as imprisonment and fines.

Accepted Answer

The use of court-ordered community service, home detention, day reporting, drug treatment, psychological counseling, victim-offender programming, or intensive supervision in lieu of other traditional sanctions such as imprisonment and fines is known as alternative sentencing. This approach aims to provide offenders with an opportunity to reform their behavior while avoiding overcrowding in prisons and reducing the financial burden on taxpayers.

Question 11

What is the primary sentencing tool of the just deserts model?

Accepted Answer

The primary sentencing tool of the just deserts model is imprisonment. This model focuses on punishment that is proportionate to the seriousness of the crime committed, and imprisonment is perceived as a fitting punishment for more serious crimes.

Question 12

___________ directs the person detaining a prisoner to bring him or her before a judicial officer to determine the lawfulness of the imprisonment.

Accepted Answer

The Writ of Habeas Corpus is a legal order that directs the person detaining a prisoner to bring that person before a judicial officer to determine the lawfulness of their imprisonment. This is typically used as a safeguard against arbitrary or unlawful detention. Restorative justice, diversion, and victim impact statements are all related to different aspects of the criminal justice system but do not specifically address the issue of unlawful detention.

Question 13

Plea bargaining plays a major role in the state court system,but not in the federal system.

Accepted Answer

Plea bargaining is commonly used in both the state and federal court systems. However, plea bargaining is actually more common in the federal system due to the higher number of cases and greater pressure on resources.

Question 14

Which of the following is not one of the goals of contemporary sentencing?

Accepted Answer

Incapacitation, deterrence, and rehabilitation are all commonly recognized goals of contemporary sentencing. Restitution, however, is not always considered a primary goal of sentencing, as it is often seen as a separate aspect of the criminal justice system focused on compensating victims for harm done.

Question 15

The examination of a convicted offender's background prior to sentencing that is generally conducted by probation or parole officials is called the:

Accepted Answer

The examination of a convicted offender's background prior to sentencing conducted by probation or parole officials is called a presentence investigation. This examination includes the offender's criminal history, social history, family background, and employment history. The purpose is to provide the sentencing judge with relevant information about the offender and their circumstances to aid in determining an appropriate sentence.

Question 16

Separating offenders from the community furthers which sentencing goal?

Accepted Answer

Incapacitation is the sentencing goal that separates offenders from the community to prevent them from committing further crimes. It is based on the belief that certain offenders pose a significant risk to society and that the best way to protect society is to keep them away from the community. Deterrence aims to discourage future criminal behavior by making an example of the offender, retribution seeks to punish the offender for their wrongdoing, and rehabilitation focuses on reforming the offender to prevent future criminal behavior.

Question 17

Which one of the following is not a traditional sentencing option?

Accepted Answer

Parole is not a traditional sentencing option; it is a form of early release from prison, granted by a parole board after a portion of the sentence has been served, rather than a sentence imposed by a court.

Question 18

A sentence of 8 to 25 years is an example of a (n):

Accepted Answer

An indeterminate sentence is a sentence with a minimum and maximum term of imprisonment, as opposed to a determinate sentence where the term of imprisonment is fixed. A sentence of 8 to 25 years falls under the category of an indeterminate sentence as it has a range of years for the minimum and maximum term of imprisonment.

Question 19

In 2004 the Crime Victim's Rights Act established rights for Victim's:

Accepted Answer

The Crime Victim's Rights Act established rights for victims of federal crimes. The act provided federal statutory protection for victim's rights, rather than amending the U.S. Constitution or state law. It also created a framework for enforcing and protecting these rights in federal criminal cases.

Question 20

The opposite of mitigating circumstances in sentencing is:

Accepted Answer

Aggravating circumstances refer to factors that make the offense more serious or heinous, justifying a harsher punishment. The opposite of mitigating circumstances, which are factors that can reduce the severity of the sentence.

Quiz 11: Sentencing