2nd Edition Exam Prep Chapter.8 Sentencing

CHAPTER 8

Multiple-Choice Questions

1. Which of the following is not a reason that most states still retain some form of indeterminate sentencing?
   1. Inertia.
   2. Efficiency.
   3. Lower cost.
   4. General satisfaction.
2. Along with good time credits, ______________ is used to determine a release date in a determinate sentencing scheme.
   1. Potential sentence.
   2. Sentence imposed.
   3. Sentence range.
   4. Sentence recommendation.
3. In capital cases, juries must consider ________________ when determining sentencing.
   1. Aggravating circumstances.
   2. Mitigating circumstances.
   3. Both a and b.
   4. Neither a nor b.
4. Shock incarceration is designed to be a ______________.
   1. Rehabilitation.
   2. Retribution.
   3. Specific deterrence.
   4. Community sanction.
5. Which of the following relies heavily on the imposition of economic sanctions?
   1. Federal Computer Crime Act.
   2. Organized Crime Control Act.
   3. Racketeer Influenced and Corrupt Organizations Act.
   4. Omnibus Communications Act.
6. Which of the following is considered an economic sanction?
   1. Fines.
   2. Property forfeiture.
   3. Community service.
   4. Both a and b.
   5. None of the above.
7. Which of the following is not a category of felony offense sanctions?
   1. Local jail time.
   2. Probation.
   3. Economic sanctions.
   4. Capital punishment.
8. What is the purpose of community-based sanctions?
   1. Generate public funds.
   2. Complete community projects.
   3. Make an example of the offender.
   4. Provide treatment and structure.
9. Which of the following are not criminal sentences?
   1. Monetary damages and equitable relief.
   2. Probation.
   3. Incarceration.
   4. Fines and community service.
10. What type of probation involves a newly convicted offender reporting to a probation officer?
    1. Active probation.
    2. Informal probation.
    3. Summary probation.
    4. Structured probation.
11. What is the primary stipulation of summary probation?
    1. Reporting to a probation officer.
    2. Abiding by court-imposed conditions.
    3. That no future violations occur.
    4. Completion of community service.
12. Who determines a range of sanctions for each criminal offense?
    1. Judge.
    2. Jury.
    3. Probation officer.
    4. Legislature.
13. In most instances who is responsible for selecting an appropriate sentence for a specific offender?
    1. Police officers.
    2. Probation officers.
    3. Judge.
    4. Prosecuting attorney.
14. Which state currently has the largest death row population?
    1. California.
    2. Virginia.
    3. Pennsylvania.
    4. Texas.
15. Which of the following is not a goal of structured sentencing?
    1. Give policy makers control over sentencing policies.
    2. Decrease cost and increase efficiency.
    3. Promote the development of community corrections alternatives.
    4. Eliminate racial, gender, and geographic disparities in sentencing.
16. Which of the following is not an indication of increasing punitiveness in sentencing?
    1. Truth in sentencing.
    2. Introduction of mandatory minimum sentences.
    3. Passage of new laws criminalizing previously unregulated acts.
    4. Expansion of habitual offender laws.
17. The role that prosecutors and defense attorneys play in the sentencing process is most visible through
    1. Sentencing recommendations.
    2. Opening statements.
    3. Closing statements.
    4. Plea bargaining.
18. Which sentencing scheme considers only the defendant’s charged crime and criminal history in determining a sentence?
    1. Indeterminate sentencing.
    2. Determinate sentencing.
    3. Structured sentencing.
    4. Mandatory sentencing.
19. What is the primary problem associated with fines?
    1. They are often given to those who are not guilty of crimes.
    2. They fall hardest on those in low economic brackets.
    3. They are utilized for inappropriate purposes.
    4. They are not significant enough to serve as an effective deterrent.
20. What is the maximum amount of jail time that may be allowed for a petty misdemeanor?
    1. None.
    2. 3 months.
    3. 6 months.
    4. 1 year.

True/False Questions

1. The lex talionis is represented in the sentencing philosophy of retribution.

a. True

b. False

2. One of the pioneers of the rehabilitation movement in corrections in the United States was Zebulon Brockway.

a. True

b. False

3. Specific deterrence proposes that we punish an individual for the benefit of society.

a. True

b. False

4. Petty misdemeanors may also be known as infractions.

a. True

b. False

5. The terms of probation are determined by legislatures.

a. True

b. False

6. A fine imposed based on the offender’s ability to pay is known as restitution.

a. True

b. False

7. The most recent figures available show that nationwide there are about 757,000 people on probation.

a. True

b. False

8. The 1972 Supreme Court case that struck down the death penalty as it was then being imposed was Furman v. Georgia.

a. True

b. False

9. Determinate sentences can be reduced through accumulation of good time credits.

a. True

b. False

10. The state that pioneered sentencing guidelines was Colorado.

a. True

b. False

Essay Questions

1. Discuss the decision of whether to allow multiple sentences to run concurrently or consecutively. What are the advantages and disadvantages to each? What circumstances should be taken into account in making this decision? Should judges be given so much discretion in making this decision? Explain your reasoning.
2. Describe the factors that have an influence on criminal sentencing and the specific role that each one plays in sentence determination.
3. Discuss the prosecutor’s decision to charge a defendant with a crime, the tactics that may be employed, and the impact that this may have on the sentencing process. Should prosecutors be given such broad discretion in this process? Explain your reasoning.
4. Discuss the reasons that indeterminate sentencing may be utilized and why it is often the dominate form of sentencing in a state. Is determinate or indeterminate sentencing the best approach for bringing about justice? Why? Be specific and give examples.
5. Discuss the various reasons given for why women are underrepresented in the offender population. Which, if any, is/are correct? Explain your reasoning.

Matching Questions

1. Charging the defendant with as many different offenses or counts of an offense as possible.
2. Stresses individualization and rehabilitation and specifies a minimum and maximum sentence for an offender’s crime.
3. Reinstated the use of capital punishment.
4. Allows judges to require offenders to serve all or a large part of one sentence before beginning the next sentence.
5. Idea that the criminal justice system is more likely to sanction men than women.
6. Charging the defendant with a more serious crime than the evidence may be able to support at trial.
7. Allows several charges to be served at the same time.
8. Provides for a specific amount of time to be served by a convicted offender.
9. Contributes toward an earlier release date in a determinate sentencing scheme.
10. Held that the death penalty gave too much discretion to sentencing juries and was arbitrary and capricious.