Chapter 5 Sentencing The Application Of Punishment Exam Prep

Chapter 5: Sentencing: The Application of Punishment

Test Bank

Multiple Choice

1. What is a punitive penalty ordered by the court after a defendant has been convicted of a crime, either by a jury, a bench trial, by a judge, or in a plea bargain?

a. Conviction

b. Justice

c. Revenge

d. Sentence

Learning Objective: 5-1: Explain how modern sentencing engages Aristotle’s notion of justice.

Cognitive Domain: Knowledge

Answer Location: What Is Sentencing?

Difficulty Level: Easy

2. A moral concept that is difficult to define, but in essence means to treat people in ways consistent with norms of fairness and in accordance with what they justly deserve by virtue of their behavior is known as what?

a. Conviction

b. Justice

c. Revenge

d. Sentence

Learning Objective: 5-1: Explain how modern sentencing engages Aristotle’s notion of justice.

Cognitive Domain: Knowledge

Answer Location: What Is Sentencing?

Difficulty Level: Easy

3. Who provided the following definition: “Justice consists of treating equals equally, and unequals unequally according to relevant differences?”

a. Plato

b. Beccaria

c. Aristotle

d. Homer

Learning Objective: 5-1: Explain how modern sentencing engages Aristotle’s notion of justice.

Cognitive Domain: Knowledge

Answer Location: What Is Sentencing?

Difficulty Level: Easy

4. What type of sentence is one in which the actual number of years a person may serve is not fixed, but is rather a range of years?

a. Split

b. Determinate

c. Indeterminate

d. Mandatory

Learning Objective: 5-2: Describe the different types of sentencing and their rationales.

Cognitive Domain: Knowledge

Answer Location: Indeterminate Sentence

Difficulty Level: Easy

5. What type of sentence means that convicted criminals are given a fixed number of years they must serve rather than a range?

a. Split

b. Determinate

c. Indeterminate

d. Mandatory

Learning Objective: 5-2: Describe the different types of sentencing and their rationales.

Cognitive Domain: Knowledge

Answer Location: Determinate Sentence

Difficulty Level: Easy

6. What type of sentence can exist in the context of both determinate and indeterminate sentencing structures and simply means that probation is not an option and that the minimum time be set by law?

a. Split

b. Determinate

c. Indeterminate

d. Mandatory

Learning Objective: 5-2: Describe the different types of sentencing and their rationales.

Cognitive Domain: Knowledge

Answer Location: Mandatory Sentence

Difficulty Level: Easy

7. What type of sentences are two sentences ordered to be served at the same time?

a. Split

b. Determinate

c. Consecutive

d. Concurrent

Learning Objective: 5-2: Describe the different types of sentencing and their rationales.

Cognitive Domain: Knowledge

Answer Location: Concurrent and Consecutive Sentences

Difficulty Level: Easy

8. What type of sentences are two or more sentences that must be served sequentially?

a. Split

b. Determinate

c. Consecutive

d. Concurrent

Learning Objective: 5-2: Describe the different types of sentencing and their rationales.

Cognitive Domain: Knowledge

Answer Location: Concurrent and Consecutive Sentences

Difficulty Level: Easy

9. Which statutes are derived from the same punitive atmosphere that led to truth in sentencing statutes?

a. Habitual offender

b. Truth in sentencing

c. Life without parole

d. None of the above

Learning Objective: 5-2: Describe the different types of sentencing and their rationales.

Cognitive Domain: Knowledge

Answer Location: Habitual-Offender Statutes

Difficulty Level: Easy

10. What type of sentence exposes offenders to the reality of prison life for a short period of time, followed by probation?

a. Shock probation

b. Split sentences

c. Noncustodial sentences

d. Drug court

Learning Objective: 5-2: Describe the different types of sentencing and their rationales.

Cognitive Domain: Knowledge

Answer Location: Shock Probation

Difficulty Level: Easy

11. Which of the following types of sentences may seem popular with the public at large until they get the bill?

a. Habitual offender

b. Truth in sentencing

c. Life without parole

d. None of these

Learning Objective: 5-2: Describe the different types of sentencing and their rationales.

Cognitive Domain: Application

Answer Location: Habitual-Offender Statutes

Difficulty Level: Easy

12. Which type of sentence requires felons to serve brief periods of confinement in a county jail prior to placement on probation?

a. Shock probation

b. Split sentences

c. Noncustodial sentences

d. Drug court

Learning Objective: 5-2: Describe the different types of sentencing and their rationales.

Cognitive Domain: Application

Answer Location: Split Sentences

Difficulty Level: Easy

13. Which type of sentence allows individuals to go to work during the day while being consigned to a special portion of the jail on the weekends and nights?

a. Shock probation

b. Split sentences

c. Noncustodial sentences

d. Work release

Learning Objective: 5-2: Describe the different types of sentencing and their rationales.

Cognitive Domain: Application

Answer Location: Splitce Sentences

Difficulty Level: Easy

14. What occurs when there is a wide variation in sentences received by different offenders?

a. Sentencing disparity

b. Fair Sentencing Act

c. Anti-Drug Abuse Act

d. U.S. Sentencing Commission Report to Congress

Learning Objective: 5-4: Discuss the role of victim impact statements and the issues surrounding sentencing disparity.

Cognitive Domain: Comprehension

Answer Location: Sentencing Disparities: Legitimate and Illegitimate

Difficulty Level: Easy

15. Shock probation is usually reserved for _____ offenders.

a. young, first-time

b. young, habitual

c. old, first-time

d. old, habitual

Learning Objective: 5-2: Describe the different types of sentencing and their rationales.

Cognitive Domain: Comprehension

Answer Location: Shock Probation

Difficulty Level: Easy

16. Which of the following can lead to a reduction in the charge or charges filed against the defendant?

a. shock probation

b. presentence investigation report

c. plea bargain

d. victim impact statement

Learning Objective: 5-3: Assess the benefits and criticisms of plea bargains.

Cognitive Domain: Application

Answer Location: Plea Bargaining

Difficulty Level: Medium

17. Who retains the final authority over sentencing decisions?

a. prosecutors

b. defense attorneys

c. governors

d. judges

Learning Objective: 5-3: Assess the benefits and criticisms of plea bargains.

Cognitive Domain: Knowledge

Answer Location: Plea Bargaining

Difficulty Level: Easy

18. What is used to assist judges in making sentencing recommendations?

a. Presentence investigation reports

b. Sentencing files

c. Investigation reports

d. Judge’s reports

Learning Objective: 5-5: Identify the purpose of presentence reports and sentencing guidelines, as well as the contentious issues surrounding them.

Cognitive Domain: Knowledge

Answer Location: The Presentence Investigation Report

Difficulty Level: Easy

19. A presentence investigation report is generally written by whom?

a. The judge

b. The judge’s clerk

c. The probation officer

d. The parole officer

Learning Objective: 5-5: Identify the purpose of presentence reports and sentencing guidelines, as well as the contentious issues surrounding them.

Cognitive Domain: Knowledge

Answer Location: The Presentence Investigation Report

Difficulty Level: Easy

20. How many states currently require disclosure of the presentence investigation report?

a. 10

b. 14

c. 15

d. 16

Learning Objective: 5-5: Identify the purpose of presentence reports and sentencing guidelines, as well as the contentious issues surrounding them.

Cognitive Domain: Knowledge

Answer Location: PSI Controversies

Difficulty Level: Easy

21. What was charged with the task of creating mandatory sentencing guidelines?

a. United States Sentencing Commission

b. Sentencing guidelines

c. Sentencing disparity

d. Fair Sentencing Act

Learning Objective: 5-5: Identify the purpose of presentence reports and sentencing guidelines, as well as the contentious issues surrounding them.

Cognitive Domain: Knowledge

Answer Location: Sentencing Guidelines

Difficulty Level: Easy

22. Forms containing scales that come with a set of rules for numerically computing sentences that offenders should receive based on the crime they committed and their criminal records are known as what?

a. United States Sentencing Commission

b. Sentencing guidelines

c. Sentencing disparity

d. Fair Sentencing Act

Learning Objective: 5-5: Identify the purpose of presentence reports and sentencing guidelines, as well as the contentious issues surrounding them.

Cognitive Domain: Knowledge

Answer Location: Sentencing Guidelines

Difficulty Level: Easy

23. The creation of the sentencing guidelines intended to do what?

a. Create judicial bias

b. Help determine guilt or innocence

c. Rein in judicial discretion

d. Classify offenders into institutions

Learning Objective: 5-5: Identify the purpose of presentence reports and sentencing guidelines, as well as the contentious issues surrounding them.

Cognitive Domain: Knowledge

Answer Location: Sentencing Guidelines

Difficulty Level: Easy

24. Sentencing guidelines are now ______, meaning that judges can consult them and follow them or not.

a. presumptive

b. advisory

c. mandatory

d. wishful thinking

Learning Objective: 5-5: Identify the purpose of presentence reports and sentencing guidelines, as well as the contentious issues surrounding them.

Cognitive Domain: Knowledge

Answer Location: Sentencing Guidelines

Difficulty Level: Easy

25. In which Supreme Court case did the court rule that the federal sentencing guidelines were no longer to be binding on the states?

a. United States v. Booker

b. Apprendi v. New Jersey

c. Blakely v. Washington

d. Rita v. United States

Learning Objective: 5-5: Identify the purpose of presentence reports and sentencing guidelines, as well as the contentious issues surrounding them.

Cognitive Domain: Application

Answer Location: The Future of Sentencing Guidelines

Difficulty Level: Easy

26. Which of the following factors can affect a judge’s decision when sentencing a defendant?

a. Seriousness of crime

b. Prior record

c. Offender cooperation

d. All of these

Learning Objective: 5-5: Identify the purpose of presentence reports and sentencing guidelines, as well as the contentious issues surrounding them.

Cognitive Domain: Application

Answer Location: Sentencing Guidelines

Difficulty Level: Medium

27. Work release is an example of a _____ sentence.

a. shock probation

b. split

c. noncustodial

d. determinate

Learning Objective: 5-2: Describe the different types of sentencing and their rationales.

Cognitive Domain: Application

Answer Location: Split Sentences

Difficulty Level: Easy

28. What is reasonable and just if the members of a group being more harshly punished commit more crimes than the individual members of other groups, but discriminatory and unjust if they do not?

a. Sentencing disparity

b. Sentencing variation

c. Fair Sentencing Act

d. Presentence report

Learning Objective: 5-4: Discuss the role of victim impact statements and the issues surrounding sentencing disparity.

Cognitive Domain: Comprehension

Answer Location: Sentencing Disparities: Legitimate and Illegitimate

Difficulty Level: Easy

29. Truth-in-sentencing laws require that there be a truthful, realistic connection between the custodial sentence imposed on offenders and the time they actually serve, and they mandate that inmates serve at least ______ % of their sentences before becoming eligible for release.

a. 20

b. 45

c. 85

d. 60

Learning Objective: 5-2: Describe the different types of sentencing and their rationales.

Cognitive Domain: Knowledge

Answer Location: Indeterminate Sentence

Difficulty Level: Easy

30. Liberals criticize plea bargaining because it coerces suspects to surrender their ______ right to a trial.

a. Fourth Amendment

b. Fifth Amendment

c. Sixth Amendment

d. Eighth Amendment

Learning Objective: 5-3: Assess the benefits and criticisms of plea bargains.

Cognitive Domain: Comprehension

Answer Location: Criticisms of Plea Bargains

Difficulty Level: Easy

31. Victim impact statements (VIS) are read during which stage of the criminal justice process?

a. pretrial booking

b. preliminary hearing

c. sentencing

d. arraignment

Learning Objective: 5-4: Discuss the role of victim impact statements and the issues surrounding sentencing disparity.

Cognitive Domain: Comprehension

Answer Location: Victim Impact Statements

Difficulty Level: Easy

32. In most states and in federal court, sentencing is determined by

a. a jury.

b. a commission.

c. a board.

d. a judge.

Learning Objective: 5-1: Explain how modern sentencing engages Aristotle’s notion of justice.

Cognitive Domain: Knowledge

Answer Location: What is Sentencing?

Difficulty Level: Easy

33. Which of the following is an example of an extralegal factor that can be taken into consideration when determining a sentence?

a. gang affiliation

b. a history of substance abuse

c. employment status

d. all of these

Learning Objective: 5-1: Explain how modern sentencing engages Aristotle’s notion of justice.

Cognitive Domain: Application

Answer Location: What is Sentencing?

Difficulty Level: Medium

34. Which of the following is an example of a legal relevant factor?

a. family status

b. prior record

c. gang affiliation

d. employment status

Learning Objective: 5-1: Explain how modern sentencing engages Aristotle’s notion of justice.

Cognitive Domain: Application

Answer Location: What is Sentencing?

Difficulty Level: Medium

35. Susan received a sentence of no less than 2 or 3 years to 10 years. This is an example of a

a. determinate sentence

b. concurrent sentence

c. split sentence

d. indeterminate sentence

Learning Objective: 5-2: Describe the different types of sentencing and their rationales.

Cognitive Domain: Application

Answer Location: Indeterminate Sentence

Difficulty Level: Medium

36. Indeterminate sentences fit the positivist’s _____ philosophy of punishment.

a. retribution

b. incapacitation

c. deterrence

d. rehabilitation

Learning Objective: 5-2: Describe the different types of sentencing and their rationales.

Cognitive Domain: Application

Answer Location: Indeterminate Sentence

Difficulty Level: Medium

37. Josh has been sentenced to 15 years in a federal prison. His sentence is considered to be

a. determinate

b. consecutive

c. concurrent

d. indeterminate

Learning Objective: 5-2: Describe the different types of sentencing and their rationales.

Cognitive Domain: Application

Answer Location: Determinate Sentence

Difficulty Level: Medium

38. Christopher has received two separate sentences, 10 years for robbery and 10 years for aggravated assault crimes. He will be serving a total of 10 years for both crimes. This is an example of a _____ sentence.

a. split

b. concurrent

c. indeterminate

d. consecutive

Learning Objective: 5-2: Describe the different types of sentencing and their rationales.

Cognitive Domain: Application

Answer Location: Concurrent and Consecutive Sentences

Difficulty Level: Medium

39. Which of the following types of sentences increases the time a person spends in prison?

a. concurrent

b. split

c. mandatory

d. consecutive

Learning Objective: 5-2: Describe the different types of sentencing and their rationales.

Cognitive Domain: Application

Answer Location: Concurrent and Consecutive Sentences

Difficulty Level: Medium

40. Life without parole (LWOP) sentences are usually imposed on those convicted of

a. identity theft

b. sexual assault

c. murder

d. larceny

Learning Objective: 5-2: Describe the different types of sentencing and their rationales.

Cognitive Domain: Application

Answer Location: Habitual-Offender Statutes

Difficulty Level: Medium

True/False

1. Sentencing refers to a post-conviction stage of the criminal justice process.

Learning Objective: 5-1: Explain how modern sentencing engages Aristotle’s notion of justice.

Cognitive Domain: Knowledge

Answer Location: What Is Sentencing?

Difficulty Level: Easy

2. Justice is a moral concept that is easy to define.

Learning Objective: 5-1: Explain how modern sentencing engages Aristotle’s notion of justice.

Cognitive Domain: Knowledge

Answer Location: What is Sentencing?

Difficulty Level: Easy

3. The determinate sentencing model prevailed most strongly under the so-called “medical model.”

Learning Objective: 5-2: Describe the different types of sentencing and their rationales.

Cognitive Domain: Knowledge

Answer Location: Determinate Sentence

Difficulty Level: Easy

4. Under indeterminate sentencing, offenders know how much time they will serve.

Learning Objective: 5-2: Describe the different types of sentencing and their rationales.

Cognitive Domain: Knowledge

Answer Location: Indeterminate Sentence

Difficulty Level: Easy

5. The habitual offender statute is a way of selectively incapacitating felons only after they have demonstrated the inability to live by society’s rules.

Learning Objective: 5-2: Describe the different types of sentencing and their rationales.

Cognitive Domain: Knowledge

Answer Location: Habitual-Offender Statutes

Difficulty Level: Easy

6. Shock probation is typically reserved for chronic offenders.

Learning Objective: 5-2: Describe the different types of sentencing and their rationales.

Cognitive Domain: Knowledge

Answer Location: Alternatives to Incarceration

Difficulty Level: Easy

7. In consecutive sentence is one in which two separate sentences are served at the. same time

Learning Objective: 5-2: Describe the different types of sentencing and their rationales.

Cognitive Domain: Knowledge

Answer Location: Concurrent and Consecutive Sentences

Difficulty Level: Easy

8. The biggest concern with sentencing disparity is racial discrimination.

Learning Objective: 5-4: Discuss the role of victim impact statements and the issues surrounding sentencing disparity.

Cognitive Domain: Knowledge

Answer Location: Sentencing Disparities: Legitimate and Illegitimate

Difficulty Level: Easy

9. Asian Americans receive harsher sentences on average than Whites or African Americans.

Learning Objective: 5-4: Discuss the role of victim impact statements and the issues surrounding sentencing disparity.

Cognitive Domain: Knowledge

Answer Location: Sentencing Disparities: Legitimate and Illegitimate

Difficulty Level: Easy

10. In 1988, Congress passed the U.S. Sentencing Commission Report which established a 100 to 1 quantity ratio differential between powder and crack cocaine.

Learning Objective: 5-4: Discuss the role of victim impact statements and the issues surrounding sentencing disparity.

Cognitive Domain: Knowledge

Answer Location: Sentencing for Crack Versus Powder Cocaine

Difficulty Level: Easy

11. The PSI is not an important document in regard to sentencing.

Learning Objective: 5-5: Identify the purpose of presentence reports and sentencing guidelines, as well as the contentious issues surrounding them.

Cognitive Domain: Knowledge

Answer Location: The Presentence Investigation Report

Difficulty Level: Easy

12. In the federal system, prosecutors create the PSI.

Learning Objective: 5-5: Identify the purpose of presentence reports and sentencing guidelines, as well as the contentious issues surrounding them.

Cognitive Domain: Knowledge

Answer Location: The Presentence Investigation Report

Difficulty Level: Easy

13. In a PSI, probation officers make sentencing recommendations to the judge.

Learning Objective: 5-5: Identify the purpose of presentence reports and sentencing guidelines, as well as the contentious issues surrounding them.

Cognitive Domain: Knowledge

Answer Location: The Presentence Investigation Report

Difficulty Level: Easy

14. Prior to 1984, federal judges enjoyed almost unlimited sentencing discretion as long as they stayed within the statutory maximum penalties.

Learning Objective: 5-5: Identify the purpose of presentence reports and sentencing guidelines, as well as the contentious issues surrounding them.

Cognitive Domain: Knowledge

Answer Location: Sentencing Guidelines

Difficulty Level: Easy

15. Truth-in-sentencing laws have led to longer sentences.

Learning Objective: 5-2: Describe the different types of sentencing and their rationales.

Cognitive Domain: Comprehension

Answer Location: Indeterminate Sentence

Difficulty Level: Easy

16. An indeterminate sentence is a range of years.

Learning Objective: 5-2: Describe the different types of sentencing and their rationales.

Cognitive Domain: Comprehension

Answer Location: Indeterminate Sentence

Difficulty Level: Easy

17. In a determinate sentence, offenders are given a fixed number of years.

Learning Objective: 5-2: Describe the different types of sentencing and their rationales.

Cognitive Domain: Comprehension

Answer Location: Determinate Sentence

Difficulty Level: Easy

18. Indeterminate sentences are also known as fixed sentences.

Learning Objective: 5-2: Describe the different types of sentencing and their rationales.

Cognitive Domain: Comprehension

Answer Location: Indeterminate Sentence

Difficulty Level: Easy

19. Sentencing guidelines are now mandatory in the federal system.

Learning Objective: 5-5: Identify the purpose of presentence reports and sentencing guidelines, as well as the contentious issues surrounding them.

Cognitive Domain: Comprehension

Answer Location: Sentencing Guidelines

Difficulty Level: Easy

20. Plea bargains are agreements between defendants and prosecutors in which defendants agree to plead guilty in exchange for certain concessions.

Learning Objective: 5-3: Assess the benefits and criticisms of plea bargains.

Cognitive Domain: Comprehension

Answer Location: Plea Bargaining

Difficulty Level: Easy

Short Answer

1. What is a victim impact statement?

Learning Objective: 5-4: Discuss the role of victim impact statements and the issues surrounding sentencing disparity.

Cognitive Domain: Comprehension

Answer Location: Victim Impact Statements

Difficulty Level: Easy

2. What is indeterminate sentencing?

Learning Objective: 5-2: Describe the different types of sentencing and their rationales.

Cognitive Domain: Comprehension

Answer Location: Indeterminate Sentence

Difficulty Level: Easy

3. What is determinate sentencing?

Learning Objective: 5-2: Describe the different types of sentencing and their rationales.

Cognitive Domain: Comprehension

Answer Location: Determinate Sentence

Difficulty Level: Easy

4. Define the term consecutive sentencing.

Learning Objective: 5-2: Describe the different types of sentencing and their rationales.

Cognitive Domain: Knowledge

Answer Location: Concurrent and Consecutive Sentences

Difficulty Level: Easy

5. Define the term concurrent sentencing.

Learning Objective: 5-2: Describe the different types of sentencing and their rationales.

Cognitive Domain: Knowledge

Answer Location: Concurrent and Consecutive Sentences

Difficulty Level: Easy

6. What was the purpose of the United States Sentencing Commission?

Learning Objective: 5-5: Identify the purpose of presentence reports and sentencing guidelines, as well as the contentious issues surrounding them.

Cognitive Domain: Knowledge

Answer Location: Sentencing Guidelines

Difficulty Level: Easy

7. Define the term habitual offender statutes?

Learning Objective: 5-2: Describe the different types of sentencing and their rationales.

Cognitive Domain: Knowledge

Answer Location: Habitual-Offender Statutes

Difficulty Level: Easy

8. What are sentencing guidelines?

Learning Objective: 5-5: Identify the purpose of presentence reports and sentencing guidelines, as well as the contentious issues surrounding them.

Cognitive Domain: Comprehension

Answer Location: Sentencing Guidelines

Difficulty Level: Easy

9. Who devises the sentencing guidelines?

Learning Objective: 5-5: Identify the purpose of presentence reports and sentencing guidelines, as well as the contentious issues surrounding them.

Cognitive Domain: Knowledge

Answer Location: Sentencing Guidelines

Difficulty Level: Easy

10. When does a sentencing disparity occur?

Learning Objective: 5-4: Discuss the role of victim impact statements and the issues surrounding sentencing disparity.

Cognitive Domain: Comprehension

Answer Location: Sentencing Disparities: Legitimate and Illegitimate

Difficulty Level: Easy

Essay

1. Discuss habitual offender statutes. What are they? How do you feel they have affected sentencing today?

Learning Objective: 5-2: Describe the different types of sentencing and their rationales.

Cognitive Domain: Comprehension

Answer Location: Habitual-Offender Statutes

Difficulty Level: Easy

2. Compare and contrast a sentence of shock probation versus a split sentence. Which would you want if you could choose and why?

Learning Objective: 5-2: Describe the different types of sentencing and their rationales.

Cognitive Domain: Comprehension

Answer Location: Alternatives to Incarceration

Difficulty Level: Easy

3. Discuss sentencing disparity. Give an example of legitimate sentencing disparity and illegitimate sentencing disparity in your discussion.

Learning Objective: 5-4: Discuss the role of victim impact statements and the issues surrounding sentencing disparity.

Cognitive Domain: Analysis

Answer Location: Sentencing Disparities: Legitimate and Illegitimate

Difficulty Level: Hard

4. Name the six outcomes consistent with Aristotle’s definition of justice regarding the sentencing guidelines, according to Lubitz and Ross (2001).

Learning Objective: 5-5: Identify the purpose of presentence reports and sentencing guidelines, as well as the contentious issues surrounding them.

Cognitive Domain: Knowledge

Answer Location: Sentencing Guidelines

Difficulty Level: Easy

5. Discuss some of the controversies associated with the PSI report.

Learning Objective: 5-5: Identify the purpose of presentence reports and sentencing guidelines, as well as the contentious issues surrounding them.

Cognitive Domain: Analysis

Answer Location: PSI Controversies

Difficulty Level: Medium