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48 Cards in this Set

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



A) Incapacitation
B) Mitigation
C) Rehabilitation
D) Restoration

B) Mitigation

Which of the following is a just deserts perspective that emphasized taking revenge on a criminal perpetrator or a group of offenders?



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

B) Retribution

Which of the following refers to the use of imprisonment or other means to reduce the likelihood that a particular offender will commit more crime?



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

B) Incapacitation

Which of the following sentencing goals is closely associated with the phrase "an eyes for an eye?"



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

D) Retribution

__________ is the earliest known rationale for punishment.



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

A) Retribution

__________ deterrence seeks to reduce the likelihood of recidivism (repeat offenders) by convicted offenders.

Specific.

Which of the following refers to the goals of criminal sentencing that attempts to make the victim "whole again?"



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

A) Restoration

A sentence of 8 to 25 years under supervision of the State Department of Correction is an example of __________ sentencing.

Indeterminate.

Proportionality holds that __________.

The severity of sanctions should bear a direct relationship to the seriousness of the crime.

A model of criminal punishment in which an offender is given a fixed term that may be reduced by good time or gain time is called __________ sentencing.

Determinate.

Cooperating with authorities, good characters, and no prior record are examples of __________ circumstances.

Mitigated.

Who is the final arbiter of the actual sentence served in a state that relies on an indeterminate sentencing scheme?

The Judge.

__________ states eliminated the use of parole and created explicit standards to specify that amount of punishment appropriate for a given offense.

Determinate.

"Truth in sentencing" guarantees that offenders with serve at least __________ of their sentence.

85%

When a judge, prior to sentencing, reviews information on the background of a convicted defendant, it is called __________.

A presentence investigation.

Which of the following is NOT a characteristic of a restorative judge?



A) Pain is imposed to punish, deter, and prevent.
B) Victims are central to the process of resolving a crime.
C) The emphasis is on dialogue and negotiation.
D) There is a direct involvement by both the offender and the victim.

A) Pain is imposed to punish, deter, and prevent.

Which of the following cases determined that the method of execution of an offender may not create a substantial risk of wanton and unnecessary infliction of pain, torture, or lingering death?



A) Furman v. Georgia
B) Baze v. Rees
C) Gregg v. Georgia
D) Atkins v. Virginia

B) Baze v. Rees

__________ takes into account the financial resources of the offender.

A day fine.

Which of the following is the primary sentencing tool of the just deserts model?



A) Probation


B) Fine


C) Restitution


D) Imprisonment

D) Imprisonment

The Innocence Protection Act of 2004 provides federal funds to help eliminate __________.

The backlog of unanalyzed DNA samples.

The US Supreme Court has ruled that _________ must decide the facts that lead to a death sentence.

Juries, not Judges

According to the NVCAP, which is the most comprehensive victims' bill of rights?

Victims' Rights and Protection Act of 2008.

What goal of sentencing is sometimes referred to as the "lock 'em up approach?"

Incapacitation

Under the indeterminate sentencing model, what is the primary determinant of the amount of time served?

Inmates behavior while incarcerated.

Which of the following is a form of structured sentencing?



A) Indeterminate sentencing


B) Contemporary sentencing


C) Quasi-independent sentencing


D) Determinate sentencing

D) Determinate sentencing

Three-strikes laws require __________ sentencing.

Mandatory.

Approximately what percentage of federal cases are the result of guilty pleas?

90%

Which Supreme Court case upheld the constitutionality of the federal sentencing guidelines?

Mistretta v. U.S.

Recommended sentencing policies that are not required by law are known as __________.

Voluntary Sentencing Guidelines.

Which of the following is NOT a form of structured sentencing?



A) Presumptive
B) Determinate


C) Quasi-Independent
D) Voluntary/Advisory

C) Quasi-Independent

The US Supreme Court approved a two-step trial procedure in the case of Gregg v. Georgia pertaining to __________.

Death Penalty Cases.

__________ is known as the suspension of criminal proceeding before sentencing and referral to a private agency.

Diversion.

Which of the following Supreme Court cases limited the number of appeals a condemned person may lodge with the courts?



A) Gregg v. Georgia
B) McClesky v. Zant
C) Furman v. Georgua
D) Coleman v. Thompson

B) McClesky v. Zant

Opportunities for federal appeals by death-row inmates were further limited by the _________.

Antiterrorism and Effective Death Penalty

The US Supreme Court case of MsClesky v. Kemp deals with the issue of _________ in capital crimes.

Racial Discrepancies.

Which of the following sentencing principles objectively holds that an offender's criminal history should be taken into account in sentencing decisions?



A) Equity
B) Proportionality
C) Social Debt
D) Good Time

C) Social Debt

Which sentencing principle holds that the severity of sanctions should bear direct relationship to the seriousness of the crime committed?

Proportionality.

A defendant having no record of criminal convictions punishable by more than 60 days of imprisonment is an example of _________.

Mitigating Circumstances.

Which of the following is NOT a right under the Crime Victims' Rights Act to the victims of federal crimes?



A) The right to be reasonably protected from the accused.
B) The right to proceedings free from unreasonable delay.
C) The right to confer with the federal prosecutor handling the case.
D) The right to appeal any state or federal grant of clemency.

D) The right to appeal any state or federal grant of clemency.

The Supreme Court case of "In re Kemmler" deals with what form of execution?

Electrocution.

The Supreme Court case of Wilkerson v. Utah deals with what form of execution?

Firing Squad.

As of August 1, 2012, what percentage of death-row inmates in the United States are male?

98%

Which of the following refers to the act of taking revenge on a criminal perpetrator?



A) Adjudication
B) Retribution
C) Probation
D) Incapacitation

B) Retribution

About how many offenses are punishable by death under federal laws?

60

What method of execution is used in most death-penalty states?

Lethal Injection.

In _________ the US Supreme Court recognized that evolving standards of decency might necessitate a reconstruction of whether the death penalty violated the Eighth Amendment.

Furman v. Georgia

Which of the following cases essentially says that requiring sentencing judges to consider facts not proven to a jury to violate the Constitution?



A) Apprendi v. New Jersey
B) Elledge v. Florida
C) Rita v. U.S.
D) Gall v. U.S.

A) Apprendi v. New Jersey

Which of the following is NOT an advantage of fines?



A) The impact of a fine depends on the ability of the sentences person to pay.
B) Fines can promote rehabilitation by enforcing economic responsibility.
C) Fines can be collected by existing criminal justice agencies and are relatively inexpensive to administer.
D) Fines can be made proportionate to both the severity of the offense and the ability of the offender to pay.

A) The impact of a fine depends on the ability of a sentenced person to pay.