Exam Questions Ch.10 Punishment And Sentencing 2nd Edition - Crime and Criminal Justice 2nd Edition Test Bank with Answer Key by Stacy L. Mallicoat. DOCX document preview.

Exam Questions Ch.10 Punishment And Sentencing 2nd Edition

Chapter 10: Punishment and Sentencing

Test Bank

Multiple Choice

1. ______ suggests that offenders will be discouraged from committing crime if they fear the punishments that are associated with these acts.

a. Incapacitation

b. Deterrence

c. Rehabilitation

d. Retribution

Learning Objective: 10-1: Discuss the different sentencing philosophies.

REF: Cognitive Domain: Comprehension

Answer Location: Deterrence

Difficulty Level: Easy

TOP: SAGE Course Outcome: Explain the structure, actors, and processes of the judiciary at the local, state, and federal levels.

2. If the individual decides that the threat of punishment (such as a prison sentence) is undesirable, then ______ suggests that that particular individual will make the decision NOT to engage in the criminal behavior.

a. general deterrence

b. specific deterrence

c. individual deterrence

d. retributive deterrence

Learning Objective: 10-1: Discuss the different sentencing philosophies.

REF: Cognitive Domain: Comprehension

Answer Location: Deterrence

Difficulty Level: Medium

TOP: SAGE Course Outcome: Explain the structure, actors, and processes of the judiciary at the local, state, and federal levels.

3. ______ suggests that, if people fear the punishments that others receive, they will decide NOT to engage in similar acts as they do not want to risk the potential punishment for themselves.

a. General deterrence

b. Specific deterrence

c. Individual deterrence

d. Retributive deterrence

Learning Objective: 10-1: Discuss the different sentencing philosophies.

REF: Cognitive Domain: Comprehension

Answer Location: Deterrence

Difficulty Level: Medium

TOP: SAGE Course Outcome: Explain the structure, actors, and processes of the judiciary at the local, state, and federal levels.

4. Which of the following were identified as the necessary elements of deterrence?

a. cruelty

b. specialty

c. certainty

d. applicability

Learning Objective: 10-1: Discuss the different sentencing philosophies.

REF: Cognitive Domain: Application

Answer Location: Deterrence

Difficulty Level: Medium

TOP: SAGE Course Outcome: Explain the structure, actors, and processes of the judiciary at the local, state, and federal levels.

5. When ______ is met, offenders are aware that engaging in the action will lead to them being punished.

a. celerity

b. rapidity

c. certainty

d. severity

Learning Objective: 10-1: Discuss the different sentencing philosophies.

REF: Cognitive Domain: Comprehension

Answer Location: Deterrence

Difficulty Level: Medium

TOP: SAGE Course Outcome: Explain the structure, actors, and processes of the judiciary at the local, state, and federal levels.

6. When ______ is met, the punishment is inflicted as soon as possible following the offense.

a. celerity

b. dignity

c. certainty

d. severity

Learning Objective: 10-1: Discuss the different sentencing philosophies.

REF: Cognitive Domain: Comprehension

Answer Location: Deterrence

Difficulty Level: Medium

TOP: SAGE Course Outcome: Explain the structure, actors, and processes of the judiciary at the local, state, and federal levels.

7. Shelly is reasonably sure that she will be sentenced to prison for life if she kills her boyfriend. Which element of deterrence is met in this scenario?

a. celerity

b. rapidity

c. certainty

d. severity

Learning Objective: 10-1: Discuss the different sentencing philosophies.

REF: Cognitive Domain: Application

Answer Location: Deterrence

Difficulty Level: Hard

TOP: SAGE Course Outcome: Explain the structure, actors, and processes of the judiciary at the local, state, and federal levels.

8. After seeing how badly Cameron was punished for robbery, Jason decides NOT to engage in the crime himself. What type of deterrence is being addressed in this scenario?

a. general deterrence

b. specific deterrence

c. individual deterrence

d. retributive deterrence

Learning Objective: 10-1: Discuss the different sentencing philosophies.

REF: Cognitive Domain: Application

Answer Location: Deterrence

Difficulty Level: Hard

TOP: SAGE Course Outcome: Explain the structure, actors, and processes of the judiciary at the local, state, and federal levels.

9. Which of the following sentencing philosophies focuses on reforming criminal behavior so that the offender does not need or want to engage in future acts of crime?

a. incapacitation

b. deterrence

c. rehabilitation

d. reformative

Learning Objective: 10-1: Discuss the different sentencing philosophies.

REF: Cognitive Domain: Application

Answer Location: Rehabilitation

Difficulty Level: Medium

TOP: SAGE Course Outcome: Explain the structure, actors, and processes of the judiciary at the local, state, and federal levels.

10. Prior to today, rehabilitative efforts were tied to ______.

a. political reforms

b. religious reforms

c. educational reforms

d. medical reforms

Learning Objective: 10-1: Discuss the different sentencing philosophies.

REF: Cognitive Domain: Knowledge

Answer Location: Rehabilitation

Difficulty Level: Easy

TOP: SAGE Course Outcome: Explain the structure, actors, and processes of the judiciary at the local, state, and federal levels.

11. ______ refers to the practice of removing offenders from society so that they will NOT engage in criminal behaviors for a certain period of time.

a. Incapacitation

b. Deterrence

c. Rehabilitation

d. Reformative

Learning Objective: 10-1: Discuss the different sentencing philosophies.

REF: Cognitive Domain: Knowledge

Answer Location: Incapacitation

Difficulty Level: Easy

TOP: SAGE Course Outcome: Explain the structure, actors, and processes of the judiciary at the local, state, and federal levels.

12. Which of the following sentencing practices was identified as an example of how incapacitation is used to ensure public safety?

a. mandatory minimums

b. indeterminate sentencing

c. determinate sentencing

d. truth in sentencing

Learning Objective: 10-1: Discuss the different sentencing philosophies.

REF: Cognitive Domain: Application

Answer Location: Incapacitation

Difficulty Level: Medium

TOP: SAGE Course Outcome: Explain the structure, actors, and processes of the judiciary at the local, state, and federal levels.

13. One of the major differences in ______ is that it does not take into consideration whether the punishment will lead to future change in the offender’s behavior.

a. incapacitation

b. restoration

c. deterrence

d. retribution

Learning Objective: 10-1: Discuss the different sentencing philosophies.

REF: Cognitive Domain: Comprehension

Answer Location: Retribution

Difficulty Level: Medium

TOP: SAGE Course Outcome: Explain the structure, actors, and processes of the judiciary at the local, state, and federal levels.

14. Which of the following is from ancient law that means “an eye for an eye”?

a. lex retributis

b. lex talionis

c. parens patriae

d. parens retributis

Learning Objective: 10-1: Discuss the different sentencing philosophies.

REF: Cognitive Domain: Application

Answer Location: Retribution

Difficulty Level: Easy

TOP: SAGE Course Outcome: Explain the structure, actors, and processes of the judiciary at the local, state, and federal levels.

15. The theory of ______ argues that a punishment for a crime should be proportional or equal to the crime itself.

a. equal justice

b. parens patraie

c. just deserts

d. lex talionis

Learning Objective: 10-1: Discuss the different sentencing philosophies.

REF: Cognitive Domain: Knowledge

Answer Location: Retribution

Difficulty Level: Medium

TOP: SAGE Course Outcome: Explain the structure, actors, and processes of the judiciary at the local, state, and federal levels.

16. Which of the following philosophies reflects the idea that offenders should be punished for their bad acts purely on the basis that they violated the laws of society?

a. incapacitation

b. retribution

c. deterrence

d. rehabilitation

Learning Objective: 10-1: Discuss the different sentencing philosophies.

REF: Cognitive Domain: Application

Answer Location: Retribution

Difficulty Level: Medium

TOP: SAGE Course Outcome: Explain the structure, actors, and processes of the judiciary at the local, state, and federal levels.

17. Under ______, there is no justice if the offender is NOT punished under the law.

a. retribution

b. incapacitation

c. deterrence

d. rehabilitation

Learning Objective: 10-1: Discuss the different sentencing philosophies.

REF: Cognitive Domain: Comprehension

Answer Location: Retribution

Difficulty Level: Easy

TOP: SAGE Course Outcome: Explain the structure, actors, and processes of the judiciary at the local, state, and federal levels.

18. Which of the following sentencing practices was developed during the modern retributive era?

a. three strikes

b. mandatory minimum

c. indeterminate sentencing

d. determinate sentencing

Learning Objective: 10-1: Discuss the different sentencing philosophies.

REF: Cognitive Domain: Application

Answer Location: Retribution

Difficulty Level: Easy

TOP: SAGE Course Outcome: Explain the structure, actors, and processes of the judiciary at the local, state, and federal levels.

19. Which of the following places the victim at the core of all decision-making?

a. incapacitation

b. restoration

c. deterrence

d. rehabilitation

Learning Objective: 10-1: Discuss the different sentencing philosophies.

REF: Cognitive Domain: Application

Answer Location: Restoration

Difficulty Level: Medium

TOP: SAGE Course Outcome: Explain the structure, actors, and processes of the judiciary at the local, state, and federal levels.

20. Under ______, justice becomes an opportunity for healing.

a. incapacitation

b. restoration

c. deterrence

d. rehabilitation

Learning Objective: 10-1: Discuss the different sentencing philosophies.

REF: Cognitive Domain: Comprehension

Answer Location: Restoration

Difficulty Level: Easy

TOP: SAGE Course Outcome: Explain the structure, actors, and processes of the judiciary at the local, state, and federal levels.

21. ______ is when the offender is sentenced to a specific term.

a. Determinate sentencing

b. Indeterminate sentencing

c. Retributive sentencing

d. Mandatory sentencing

Learning Objective: 10-2: Compare the differences between indeterminate, determinate, and mandatory sentencing.

REF: Cognitive Domain: Comprehension

Answer Location: Determinate Sentencing

Difficulty Level: Medium

TOP: SAGE Course Outcome: Explain the structure, actors, and processes of the judiciary at the local, state, and federal levels.

22. Early release based on the behavior of the offender is referred to as ______.

a. probation

b. parole

c. house-arrest

d. restoration

Learning Objective: 10-2: Compare the differences between indeterminate, determinate, and mandatory sentencing.

REF: Cognitive Domain: Knowledge

Answer Location: Determinate Sentencing

Difficulty Level: Easy

TOP: SAGE Course Outcome: Explain the structure, actors, and processes of the judiciary at the local, state, and federal levels.

23. Sentencing guidelines were created for which of the following reasons?

a. increase levels of discretion within the judiciary

b. eliminate racial, gender, and class-based discrimination in courts

c. create parole boards and offer more parole options

d. create a system in which offenders would receive different sentences for similar crimes

Learning Objective: 10-2: Compare the differences between indeterminate, determinate, and mandatory sentencing.

REF: Cognitive Domain: Application

Answer Location: Determinate Sentencing

Difficulty Level: Medium

TOP: SAGE Course Outcome: Explain the structure, actors, and processes of the judiciary at the local, state, and federal levels.

24. As part of the Sentencing Reform Act of 1984, the U.S. Sentencing Commission was tasked with crafting sentencing guidelines at the ______ level.

a. local

b. state

c. federal

d. tribal

Learning Objective: 10-3: Explain how federal sentencing guidelines are used.

REF: Cognitive Domain: Knowledge

Answer Location: Sentencing Guidelines

Difficulty Level: Easy

TOP: SAGE Course Outcome: Explain the structure, actors, and processes of the judiciary at the local, state, and federal levels.

25. Each federal crime is classified on the basis of ______.

a. severity

b. type of crime

c. defendant’s role in the offense

d. circumstances of the crime

Learning Objective: 10-3: Explain how federal sentencing guidelines are used.

REF: Cognitive Domain: Knowledge

Answer Location: Sentencing Guidelines

Difficulty Level: Easy

TOP: SAGE Course Outcome: Explain the structure, actors, and processes of the judiciary at the local, state, and federal levels.

26. Which of the following court cases held that while the state sentencing guidelines that were used were intended to serve as a mandatory sentencing scheme, they violated a defendants 6th Amendment right to a trial by jury?

a. United States v. Booker

b. Blakely v. Washington

c. Mapp v. Ohio

d. Woodson v. North Carolina

Learning Objective: 10-3: Explain how federal sentencing guidelines are used.

REF: Cognitive Domain: Application

Answer Location: Opposition to Sentencing Guidelines

Difficulty Level: Medium

TOP: SAGE Course Outcome: Explain the structure, actors, and processes of the judiciary at the local, state, and federal levels.

27. Each federal crime is classified on the basis of its severity level and is ranked on a scale of ______. Depending on the specific circumstances of the crime and the defendant’s role in the offense, this value may be increased.

a. 1–22

b. 1–43

c. 1–50

d. 1–100

Learning Objective: 10-3: Explain how federal sentencing guidelines are used.

REF: Cognitive Domain: Knowledge

Answer Location: Sentencing Guidelines

Difficulty Level: Easy

TOP: SAGE Course Outcome: Explain the structure, actors, and processes of the judiciary at the local, state, and federal levels.

28. As part of the ______ of 1984, the U.S. Sentencing Commission was tasked with crafting sentencing guidelines at the federal level.

a. Federal Sentencing Guideline Act

b. Sentencing Reform Act

c. Sentencing Philosophy Act

d. Federal Reform Act

Learning Objective: 10-3: Explain how federal sentencing guidelines are used.

REF: Cognitive Domain: Knowledge

Answer Location: Sentencing Guidelines

Difficulty Level: Medium

TOP: SAGE Course Outcome: Explain the structure, actors, and processes of the judiciary at the local, state, and federal levels.

29. Federal sentencing guidelines now serve as a(n) ______ practice.

a. advisory

b. mandatory

c. retributive

d. reformative

Learning Objective: 10-3: Explain how federal sentencing guidelines are used.

REF: Cognitive Domain: Comprehension

Answer Location: Opposition to Sentencing Guidelines

Difficulty Level: Easy

TOP: SAGE Course Outcome: Explain the structure, actors, and processes of the judiciary at the local, state, and federal levels.

30. ______ practices generally set a minimum sentence length.

a. Determinate sentencing

b. Indeterminate sentencing

c. Retributive sentencing

d. Mandatory sentencing

Learning Objective: 10-2: Compare the differences between indeterminate, determinate, and mandatory sentencing.

REF: Cognitive Domain: Comprehension

Answer Location: Indeterminate Sentencing

Difficulty Level: Medium

TOP: SAGE Course Outcome: Explain the structure, actors, and processes of the judiciary at the local, state, and federal levels.

31. The maximum sentence is reflected in the laws set forth by the ______.

a. judge

b. legislature

c. president

d. governor

Learning Objective: 10-2: Compare the differences between indeterminate, determinate, and mandatory sentencing.

REF: Cognitive Domain: Comprehension

Answer Location: Indeterminate Sentencing

Difficulty Level: Easy

TOP: SAGE Course Outcome: Explain the structure, actors, and processes of the judiciary at the local, state, and federal levels.

32. Indeterminate sentencing was first featured during the ______ era.

a. political

b. reform

c. restorative

d. progressive

Learning Objective: 10-2: Compare the differences between indeterminate, determinate, and mandatory sentencing.

REF: Cognitive Domain: Comprehension

Answer Location: Indeterminate Sentencing

Difficulty Level: Easy

TOP: SAGE Course Outcome: Explain the structure, actors, and processes of the judiciary at the local, state, and federal levels.

33. Indeterminate sentencing structures fit within the ______ focus.

a. restorative

b. rehabilitative

c. deterrent

d. retributive

Learning Objective: 10-2: Compare the differences between indeterminate, determinate, and mandatory sentencing.

REF: Cognitive Domain: Comprehension

Answer Location: Indeterminate Sentencing

Difficulty Level: Medium

TOP: SAGE Course Outcome: Explain the structure, actors, and processes of the judiciary at the local, state, and federal levels.

34. With indeterminate sentences, the actual time served is determinate by a ______.

a. judge

b. guideline

c. parole board

d. prosecutor

Learning Objective: 10-2: Compare the differences between indeterminate, determinate, and mandatory sentencing.

REF: Cognitive Domain: Knowledge

Answer Location: Indeterminate Sentencing

Difficulty Level: Easy

TOP: SAGE Course Outcome: Explain the structure, actors, and processes of the judiciary at the local, state, and federal levels.

35. Under a(n) ______ scheme, the law prescribes the specific punishments.

a. determinate sentencing

b. indeterminate sentencing

c. retributive sentencing

d. mandatory sentencing

Learning Objective: 10-2: Compare the differences between indeterminate, determinate, and mandatory sentencing.

REF: Cognitive Domain: Comprehension

Answer Location: Mandatory Sentences

Difficulty Level: Medium

TOP: SAGE Course Outcome: Explain the structure, actors, and processes of the judiciary at the local, state, and federal levels.

36. For the crime of rape, the law in Robert’s state requires that he receive a 20-year prison sentence. This is an example of what type of sentencing?

a. determinate sentencing

b. indeterminate sentencing

c. retributive sentencing

d. mandatory sentencing

Learning Objective: 10-2: Compare the differences between indeterminate, determinate, and mandatory sentencing.

REF: Cognitive Domain: Application

Answer Location: Mandatory Sentences

Difficulty Level: Medium

TOP: SAGE Course Outcome: Explain the structure, actors, and processes of the judiciary at the local, state, and federal levels.

37. In ______ the U.S. Supreme Court held that mandatory death sentences in cases of first-degree murder were unconstitutional because they did NOT allow for a jury to weigh in on the aggravating and mitigating factors when making a sentence recommendation?

a. Woodson v. North Carolina

b. Gregg v. Georgia

c. Johnson v. United States

d. Proffitt v. Florida

Learning Objective: 10-2: Compare the differences between indeterminate, determinate, and mandatory sentencing.

REF: Cognitive Domain: Comprehension

Answer Location: Mandatory Sentences

Difficulty Level: Medium

TOP: SAGE Course Outcome: Explain the structure, actors, and processes of the judiciary at the local, state, and federal levels.

38. One of the major criticisms of ______ practices is that they prevent the judge from considering the unique characteristics of the offense or the offender in handing down a sentence.

a. determinate sentencing

b. indeterminate sentencing

c. retributive sentencing

d. mandatory sentencing

Learning Objective: 10-2: Compare the differences between indeterminate, determinate, and mandatory sentencing.

REF: Cognitive Domain: Comprehension

Answer Location: Opposition to Mandatory Sentences

Difficulty Level: Medium

TOP: SAGE Course Outcome: Explain the structure, actors, and processes of the judiciary at the local, state, and federal levels.

39. Under mandatory sentencing schemes, the power of sentencing shifted to the ______.

a. judge

b. legislature

c. prosecutor

d. parole boards

Learning Objective: 10-2: Compare the differences between indeterminate, determinate, and mandatory sentencing.

REF: Cognitive Domain: Knowledge

Answer Location: Opposition to Mandatory Sentences

Difficulty Level: Easy

TOP: SAGE Course Outcome: Explain the structure, actors, and processes of the judiciary at the local, state, and federal levels.

40. Which of the following cases held that sentencing enhancements for violent felonies under the Armed Career Criminals Act are unconstitutional on the grounds that defendants were denied their right to due process and that the law was vague in its application?

a. Woodson v. North Carolina

b. Gregg v. Georgia

c. Johnson v. United States

d. Proffitt v. Florida

Learning Objective: 10-2: Compare the differences between indeterminate, determinate, and mandatory sentencing.

REF: Cognitive Domain: Application

Answer Location: Mandatory Sentences

Difficulty Level: Medium

TOP: SAGE Course Outcome: Explain the structure, actors, and processes of the judiciary at the local, state, and federal levels.

41. Currently, there are ______ states (as well as the federal government and the military) that allow for the use of the death penalty.

a. 19

b. 22

c. 31

d. 46

Learning Objective: 10-4: Identify the current methods of execution and legal challenges to capital punishment.

REF: Cognitive Domain: Knowledge

Answer Location: Capital Punishment

Difficulty Level: Easy

TOP: SAGE Course Outcome: Explain the structure, actors, and processes of the judiciary at the local, state, and federal levels.

42. The first use of the death penalty in the United States involved the execution of Capitan George Kendall in 1608 for ______.

a. rape

b. first-degree murder

c. kidnapping

d. treason

Learning Objective: 10-4: Identify the current methods of execution and legal challenges to capital punishment.

REF: Cognitive Domain: Knowledge

Answer Location: Capital Punishment

Difficulty Level: Easy

TOP: SAGE Course Outcome: Explain the structure, actors, and processes of the judiciary at the local, state, and federal levels.

43. The U.S. Supreme Court determined in ______ that the administration of the death penalty at that time constituted cruel and unusual punishment, and violated the eighth amendment of the Constitution.

a. Kendall v. United States

b. Johnson v. United States

c. Gregg v. Georgia

d. Furman v. Georgia

Learning Objective: 10-4: Identify the current methods of execution and legal challenges to capital punishment.

REF: Cognitive Domain: Comprehension

Answer Location: Capital Punishment

Difficulty Level: Medium

TOP: SAGE Course Outcome: Explain the structure, actors, and processes of the judiciary at the local, state, and federal levels.

44. The ______ decision separated the guilt and sentencing decisions into two separate trials.

a. Kendall v. United States

b. Johnson v. United States

c. Gregg v. Georgia

d. Furman v. Georgia

Learning Objective: 10-4: Identify the current methods of execution and legal challenges to capital punishment.

REF: Cognitive Domain: Comprehension

Answer Location: Legal Challenges

Difficulty Level: Medium

TOP: SAGE Course Outcome: Explain the structure, actors, and processes of the judiciary at the local, state, and federal levels.

45. ______ are circumstances that increase the severity of the crime, such as torture, excessive violence or premeditation.

a. Aggravating factors

b. Mitigating factors

c. Just deserts

d. Celerity

Learning Objective: 10-4: Identify the current methods of execution and legal challenges to capital punishment.

REF: Cognitive Domain: Comprehension

Answer Location: Legal Challenges

Difficulty Level: Easy

TOP: SAGE Course Outcome: Explain the structure, actors, and processes of the judiciary at the local, state, and federal levels.

46. ______ are circumstances that minimize or explain the actions of the offender or the crime.

a. Aggravating factors

b. Mitigating factors

c. Just deserts

d. Celerity

Learning Objective: 10-4: Identify the current methods of execution and legal challenges to capital punishment.

REF: Cognitive Domain: Comprehension

Answer Location: Legal Challenges

Difficulty Level: Easy

TOP: SAGE Course Outcome: Explain the structure, actors, and processes of the judiciary at the local, state, and federal levels.

47. If the value of the mitigating factors exceeds any aggravators, then sentence will most likely be ______.

a. death

b. life without parole

c. probation

d. 5–10 years in federal prison

Learning Objective: 10-4: Identify the current methods of execution and legal challenges to capital punishment.

REF: Cognitive Domain: Comprehension

Answer Location: Legal Challenges

Difficulty Level: Easy

TOP: SAGE Course Outcome: Explain the structure, actors, and processes of the judiciary at the local, state, and federal levels.

48. Recent execution history in the United States has involved five methods of execution. Which of the following was identified as one of the methods of execution?

a. drawing

b. lethal gas

c. quartering

d. beheading

Learning Objective: 10-4: Identify the current methods of execution and legal challenges to capital punishment.

REF: Cognitive Domain: Application

Answer Location: Methods of Execution under the 8th Amendment

Difficulty Level: Medium

TOP: SAGE Course Outcome: Explain the structure, actors, and processes of the judiciary at the local, state, and federal levels.

49. The primary method of execution used today is ______.

a. hanging

b. lethal gas

c. lethal injection

d. electrocution

Learning Objective: 10-4: Identify the current methods of execution and legal challenges to capital punishment.

REF: Cognitive Domain: Knowledge

Answer Location: Methods of Execution under the 8th Amendment

Difficulty Level: Easy

TOP: SAGE Course Outcome: Explain the structure, actors, and processes of the judiciary at the local, state, and federal levels.

50. The firing squad is an accepted form of execution in which of the following states?

a. California

b. Texas

c. Missouri

d. Oklahoma

Learning Objective: 10-4: Identify the current methods of execution and legal challenges to capital punishment.

REF: Cognitive Domain: Knowledge

Answer Location: Firing Squad

Difficulty Level: Easy

TOP: SAGE Course Outcome: Explain the structure, actors, and processes of the judiciary at the local, state, and federal levels.

51. Death occurs as a result of rapid blood loss for individuals who are executed via ______.

a. hanging

b. firing squad

c. electrocution

d. lethal injection

Learning Objective: 10-4: Identify the current methods of execution and legal challenges to capital punishment.

REF: Cognitive Domain: Knowledge

Answer Location: Firing Squad

Difficulty Level: Easy

TOP: SAGE Course Outcome: Explain the structure, actors, and processes of the judiciary at the local, state, and federal levels.

52. Historically, ______ account for the majority of all executions throughout the history of the United States.

a. firing squads

b. lethal injections

c. electrocutions

d. hangings

Learning Objective: 10-4: Identify the current methods of execution and legal challenges to capital punishment.

REF: Cognitive Domain: Knowledge

Answer Location: Hangings

Difficulty Level: Easy

TOP: SAGE Course Outcome: Explain the structure, actors, and processes of the judiciary at the local, state, and federal levels.

53. Today, hanging is utilized as an option for execution in ______.

a. New Hampshire and Washington

b. Utah and Oklahoma

c. Texas and Louisiana

d. Arizona and New Mexico

Learning Objective: 10-4: Identify the current methods of execution and legal challenges to capital punishment.

REF: Cognitive Domain: Knowledge

Answer Location: Hangings

Difficulty Level: Easy

TOP: SAGE Course Outcome: Explain the structure, actors, and processes of the judiciary at the local, state, and federal levels.

54. During the 1800s, ______ was developed as more humane option than hanging.

a. lethal injection

b. lethal gas

c. electrocution

d. firing squad

Learning Objective: 10-4: Identify the current methods of execution and legal challenges to capital punishment.

REF: Cognitive Domain: Knowledge

Answer Location: Electrocution

Difficulty Level: Easy

TOP: SAGE Course Outcome: Explain the structure, actors, and processes of the judiciary at the local, state, and federal levels.

55. Lethal gas executions use ______ to suffocate an individual.

a. cyanide

b. nitrogen gas

c. carbon monoxide

d. hydrogen sulfide

Learning Objective: 10-4: Identify the current methods of execution and legal challenges to capital punishment.

REF: Cognitive Domain: Knowledge

Answer Location: Lethal Gas

Difficulty Level: Easy

TOP: SAGE Course Outcome: Explain the structure, actors, and processes of the judiciary at the local, state, and federal levels.

56. Lethal gas executions are still an option in which of the following states?

a. New York

b. California

c. Utah

d. Florida

Learning Objective: 10-4: Identify the current methods of execution and legal challenges to capital punishment.

REF: Cognitive Domain: Application

Answer Location: Lethal Gas

Difficulty Level: Easy

TOP: SAGE Course Outcome: Explain the structure, actors, and processes of the judiciary at the local, state, and federal levels.

57. Which of the following cases held that the use of cyanide gas was unconstitutional?

a. Glossip v. Gross

b. Baze v. Rees

c. Fiero v. Gomez

d. Miranda v. Arizona

Learning Objective: 10-4: Identify the current methods of execution and legal challenges to capital punishment.

REF: Cognitive Domain: Application

Answer Location: Lethal Gas

Difficulty Level: Medium

TOP: SAGE Course Outcome: Explain the structure, actors, and processes of the judiciary at the local, state, and federal levels.

58. Which of the following cases challenged the lethal injection process in the state of Kentucky. The Court addressed whether the use of sodium thiopental as a sedative, which was designed to render the inmate unconscious while drugs designed to stop their heart and lungs from functioning were administered, constituted cruel and unusual punishment?

a. Batson v. Kentucky

b. Baze v. Rees

c. Blaze v. Kentucky

d. Batson v. Rees

Learning Objective: 10-4: Identify the current methods of execution and legal challenges to capital punishment.

REF: Cognitive Domain: Application

Answer Location: Lethal Injection

Difficulty Level: Medium

TOP: SAGE Course Outcome: Explain the structure, actors, and processes of the judiciary at the local, state, and federal levels.

59. Which of the following constitutes the most human medicalized method of execution today?

a. lethal gas

b. electrocution

c. hanging

d. lethal injection

Learning Objective: 10-4: Identify the current methods of execution and legal challenges to capital punishment.

REF: Cognitive Domain: Application

Answer Location: Lethal Injection

Difficulty Level: Medium

TOP: SAGE Course Outcome: Explain the structure, actors, and processes of the judiciary at the local, state, and federal levels.

60. In which of the following cases did the court hold that the use of midazolam was constitutional?

a. Batson v. Kentucky

b. Baze v. Rees

c. Blaze v. Kentucky

d. Glossip v. Gross

Learning Objective: 10-4: Identify the current methods of execution and legal challenges to capital punishment.

REF: Cognitive Domain: Application

Answer Location: Lethal Injection

Difficulty Level: Medium

TOP: SAGE Course Outcome: Explain the structure, actors, and processes of the judiciary at the local, state, and federal levels.

61. Which of the following statements is consistent with the argument that habitual sentencing laws deter offenders?

a. Severe punishment will deter future offending.

b. The certainty of punishment is the most important element.

c. Rational individuals should be able to weight the benefits of repeat offending against the costs.

d. Mentally ill offenders lack the capacity to make rational decisions.

Learning Objective: 10-3: Explain how federal sentencing guidelines are used.

REF: Cognitive Domain: Application

Answer Location: Current Controversy 10.1: Do Habitual Sentencing Laws Deter Offenders?

Difficulty Level: Medium

TOP: SAGE Course Outcome: Explain the structure, actors, and processes of the judiciary at the local, state, and federal levels.

62. Which of the following was identified as an unintended outcome of habitual-offender laws?

a. severe punishments for non-violent crimes

b. laws are not uniformly applied across jurisdictions

c. backlog of criminal cases

d. jury trials slow down

Learning Objective: 10-3: Explain how federal sentencing guidelines are used.

REF: Cognitive Domain: Application

Answer Location: Current Controversy 10.1: Do Habitual Sentencing Laws Deter Offenders?

Difficulty Level: Medium

TOP: SAGE Course Outcome: Explain the structure, actors, and processes of the judiciary at the local, state, and federal levels.

63. Which of the following statements is consistent with the argument that the death penalty should be abolished?

a. Wrongful convictions can lead to the death of innocent people.

b. The death penalty is the only effective deterrent for offenders.

c. Life without parole is more costly than the death penalty.

d. The death penalty brings closure to victims’ families.

Learning Objective: 10-4: Identify the current methods of execution and legal challenges to capital punishment.

REF: Cognitive Domain: Application

Answer Location: Current Controversy 10.2: Should We Abolish the Death Penalty?

Difficulty Level: Medium

TOP: SAGE Course Outcome: Explain the structure, actors, and processes of the judiciary at the local, state, and federal levels.

True/False

1. General deterrence looks at how individual behaviors are curbed as a result of Beccaria’s pain–pleasure principle.

Learning Objective: 10-1: Discuss the different sentencing philosophies.

REF: Cognitive Domain: Comprehension

Answer Location: Deterrence

Difficulty Level: Medium

TOP: SAGE Course Outcome: Explain the structure, actors, and processes of the judiciary at the local, state, and federal levels.

2. Celerity means that offenders needs to be reasonably aware that if they engage in a criminal act, that they will be apprehended and punished.

Learning Objective: 10-1: Discuss the different sentencing philosophies.

REF: Cognitive Domain: Comprehension

Answer Location: Deterrence

Difficulty Level: Medium

TOP: SAGE Course Outcome: Explain the structure, actors, and processes of the judiciary at the local, state, and federal levels.

3. The concept of reformation focuses on reforming criminal behavior so that the offender does not need or want to engage in future acts of crime.

Learning Objective: 10-1: Discuss the different sentencing philosophies.

REF: Cognitive Domain: Comprehension

Answer Location: Rehabilitation

Difficulty Level: Medium

TOP: SAGE Course Outcome: Explain the structure, actors, and processes of the judiciary at the local, state, and federal levels.

4. Rehabilitation was used within the prison walls NOT only as a way to treat prisoners and help transform their behaviors but also to assess whether offenders were prepared to return to the community.

Learning Objective: 10-1: Discuss the different sentencing philosophies.

REF: Cognitive Domain: Comprehension

Answer Location: Rehabilitation

Difficulty Level: Medium

TOP: SAGE Course Outcome: Explain the structure, actors, and processes of the judiciary at the local, state, and federal levels.

5. Incapacitation refers to the practice of removing offenders from society so that they will NOT engage in criminal behaviors for a certain period of time.

Learning Objective: 10-1: Discuss the different sentencing philosophies.

REF: Cognitive Domain: Comprehension

Answer Location: Incapacitation

Difficulty Level: Medium

TOP: SAGE Course Outcome: Explain the structure, actors, and processes of the judiciary at the local, state, and federal levels.

6. Studies find that prison may actually increase the likelihood of future offending.

Learning Objective: 10-1: Discuss the different sentencing philosophies.

REF: Cognitive Domain: Comprehension

Answer Location: Incapacitation

Difficulty Level: Medium

TOP: SAGE Course Outcome: Explain the structure, actors, and processes of the judiciary at the local, state, and federal levels.

7. Retribution is a punishment philosophy that is based on the concept of lex talionis.

Learning Objective: 10-1: Discuss the different sentencing philosophies.

REF: Cognitive Domain: Comprehension

Answer Location: Retribution

Difficulty Level: Medium

TOP: SAGE Course Outcome: Explain the structure, actors, and processes of the judiciary at the local, state, and federal levels.

8. One of the most popular uses of mandatory minimum sentencing was the war on drugs.

Learning Objective: 10-2: Compare the differences between indeterminate, determinate, and mandatory sentencing.

REF: Cognitive Domain: Analysis

Answer Location: Retribution

Difficulty Level: Hard

TOP: SAGE Course Outcome: Explain the structure, actors, and processes of the judiciary at the local, state, and federal levels.

9. One of the more notable features of the Anti-Drug Abuse Act (1986) was that it mandated a sentence of 5 years for the possession of 500 grams of powder cocaine, yet gave the same sentence for only 5 grams of crack cocaine.

Learning Objective: 10-2: Compare the differences between indeterminate, determinate, and mandatory sentencing.

REF: Cognitive Domain: Knowledge

Answer Location: Retribution

Difficulty Level: Easy

TOP: SAGE Course Outcome: Explain the structure, actors, and processes of the judiciary at the local, state, and federal levels.

10. Restoration is the only punishment philosophy that places the victim at the core of all decision-making.

Learning Objective: 10-1: Discuss the different sentencing philosophies.

REF: Cognitive Domain: Comprehension

Answer Location: Restoration

Difficulty Level: Medium

TOP: SAGE Course Outcome: Explain the structure, actors, and processes of the judiciary at the local, state, and federal levels.

11. Indeterminate sentencing is when the offender is sentenced to a specific term.

Learning Objective: 10-2: Compare the differences between indeterminate, determinate, and mandatory sentencing.

REF: Cognitive Domain: Comprehension

Answer Location: Determinate Sentencing

Difficulty Level: Medium

TOP: SAGE Course Outcome: Explain the structure, actors, and processes of the judiciary at the local, state, and federal levels.

12. Throughout most of history, judges have had discretion in handing out sentences to offenders.

Learning Objective: 10-2: Compare the differences between indeterminate, determinate, and mandatory sentencing.

REF: Cognitive Domain: Comprehension

Answer Location: Determinate Sentencing

Difficulty Level: Medium

TOP: SAGE Course Outcome: Explain the structure, actors, and processes of the judiciary at the local, state, and federal levels.

13. Determinate sentencing allows for no opportunity for an early release based on the behavior of the offender, also known as parole.

Learning Objective: 10-2: Compare the differences between indeterminate, determinate, and mandatory sentencing.

REF: Cognitive Domain: Knowledge

Answer Location: Determinate Sentencing

Difficulty Level: Easy

TOP: SAGE Course Outcome: Explain the structure, actors, and processes of the judiciary at the local, state, and federal levels.

14. One of the key features of the Sentencing Reform Act of 1984 was the abolition of parole boards at the Federal level.

Learning Objective: 10-3: Explain how federal sentencing guidelines are used.

REF: Cognitive Domain: Knowledge

Answer Location: Sentencing Guidelines

Difficulty Level: Easy

TOP: SAGE Course Outcome: Explain the structure, actors, and processes of the judiciary at the local, state, and federal levels.

15. In the case of Blakely v. Washington, the Court held that the state sentencing guidelines that were used by Washington State violated a defendant’s sixth amendment rights to a trial by jury.

Learning Objective: 10-3: Explain how federal sentencing guidelines are used.

REF: Cognitive Domain: Comprehension

Answer Location: Opposition to Sentencing Guidelines

Difficulty Level: Medium

TOP: SAGE Course Outcome: Explain the structure, actors, and processes of the judiciary at the local, state, and federal levels.

16. Determinate sentencing was first featured during the progressive era of the late 1800s.

Learning Objective: 10-2: Compare the differences between indeterminate, determinate, and mandatory sentencing.

REF: Cognitive Domain: Knowledge

Answer Location: Indeterminate Sentencing

Difficulty Level: Easy

TOP: SAGE Course Outcome: Explain the structure, actors, and processes of the judiciary at the local, state, and federal levels.

17. Mandatory sentences have effectively eliminated judicial discretion from the criminal justice system.

Learning Objective: 10-2: Compare the differences between indeterminate, determinate, and mandatory sentencing.

REF: Cognitive Domain: Comprehension

Answer Location: Mandatory Sentences

Difficulty Level: Medium

TOP: SAGE Course Outcome: Explain the structure, actors, and processes of the judiciary at the local, state, and federal levels.

18. Mandatory sentencing is a type of sentencing structure where the judge, NOT the law, determines the length of punishment for specific offenses.

Learning Objective: 10-2: Compare the differences between indeterminate, determinate, and mandatory sentencing.

REF: Cognitive Domain: Comprehension

Answer Location: Mandatory Sentences

Difficulty Level: Medium

TOP: SAGE Course Outcome: Explain the structure, actors, and processes of the judiciary at the local, state, and federal levels.

19. The Furman v. Georgia decision separated the guilt and sentencing decisions into two separate trials.

Learning Objective: 10-4: Identify the current methods of execution and legal challenges to capital punishment.

REF: Cognitive Domain: Comprehension

Answer Location: Legal Challenges

Difficulty Level: Medium

TOP: SAGE Course Outcome: Explain the structure, actors, and processes of the judiciary at the local, state, and federal levels.

20. Today, the primary method of execution for all states is electrocution.

Learning Objective: 10-4: Identify the current methods of execution and legal challenges to capital punishment.

REF: Cognitive Domain: Knowledge

Answer Location: Methods of Execution under the 8th Amendment

Difficulty Level: Easy

TOP: SAGE Course Outcome: Explain the structure, actors, and processes of the judiciary at the local, state, and federal levels.

21. Recent execution history in the United States has involved five methods of execution: beheading, firing squad, electrocution, lethal gas, and lethal injection.

Learning Objective: 10-4: Identify the current methods of execution and legal challenges to capital punishment.

REF: Cognitive Domain: Knowledge

Answer Location: Methods of Execution under the 8th Amendment

Difficulty Level: Easy

TOP: SAGE Course Outcome: Explain the structure, actors, and processes of the judiciary at the local, state, and federal levels.

22. The firing squad involves five shooters, all of which have live ammunition.

Learning Objective: 10-4: Identify the current methods of execution and legal challenges to capital punishment.

REF: Cognitive Domain: Knowledge

Answer Location: Firing Squad

Difficulty Level: Easy

TOP: SAGE Course Outcome: Explain the structure, actors, and processes of the judiciary at the local, state, and federal levels.

23. The firing squad is an accepted form of execution in Oklahoma but can only be used if lethal injection is found to be unconstitutional.

Learning Objective: 10-4: Identify the current methods of execution and legal challenges to capital punishment.

REF: Cognitive Domain: Knowledge

Answer Location: Firing Squad

Difficulty Level: Easy

TOP: SAGE Course Outcome: Explain the structure, actors, and processes of the judiciary at the local, state, and federal levels.

24. Hanging remains a constitutionally valid method of execution, even as many states have eliminated its use.

Learning Objective: 10-4: Identify the current methods of execution and legal challenges to capital punishment.

REF: Cognitive Domain: Knowledge

Answer Location: Hanging

Difficulty Level: Easy

TOP: SAGE Course Outcome: Explain the structure, actors, and processes of the judiciary at the local, state, and federal levels.

25. Lethal injections have accounted for the majority of all executions carried out during the modern era of the death penalty.

Learning Objective: 10-4: Identify the current methods of execution and legal challenges to capital punishment.

REF: Cognitive Domain: Knowledge

Answer Location: Lethal Injection

Difficulty Level: Easy

TOP: SAGE Course Outcome: Explain the structure, actors, and processes of the judiciary at the local, state, and federal levels.

Short Answer

1. List and describe the different correctional philosophies.

Learning Objective: 10-1: Discuss the different sentencing philosophies.

REF: Cognitive Domain: Knowledge

Answer Location: Correctional Philosophies

Difficulty Level: Easy

TOP: SAGE Course Outcome: Explain the structure, actors, and processes of the judiciary at the local, state, and federal levels.

2. Explain the sentencing philosophy of rehabilitation. Provide one example to illustrate this philosophy.

Learning Objective: 10-1: Discuss the different sentencing philosophies.

REF: Cognitive Domain: Application

Answer Location: Rehabilitation

Difficulty Level: Hard

TOP: SAGE Course Outcome: Explain the structure, actors, and processes of the judiciary at the local, state, and federal levels.

3. Explain the sentencing philosophy of incapacitation. Provide one example to illustrate this philosophy.

Learning Objective: 10-1: Discuss the different sentencing philosophies.

REF: Cognitive Domain: Application

Answer Location: Incapacitation

Difficulty Level: Hard

TOP: SAGE Course Outcome: Explain the structure, actors, and processes of the judiciary at the local, state, and federal levels.

4. Explain the sentencing philosophy of retribution. Provide one example to illustrate this philosophy.

Learning Objective: 10-1: Discuss the different sentencing philosophies.

REF: Cognitive Domain: Application

Answer Location: Retribution

Difficulty Level: Hard

TOP: SAGE Course Outcome: Explain the structure, actors, and processes of the judiciary at the local, state, and federal levels.

5. Explain the sentencing philosophy of restoration. Provide one example to illustrate this philosophy.

Learning Objective: 10-1: Discuss the different sentencing philosophies.

REF: Cognitive Domain: Application

Answer Location: Restoration

Difficulty Level: Hard

TOP: SAGE Course Outcome: Explain the structure, actors, and processes of the judiciary at the local, state, and federal levels.

6. What is one major critique of the federal sentencing guidelines discussed in the text?

Learning Objective: 10-3: Explain how federal sentencing guidelines are used.

REF: Cognitive Domain: Comprehension

Answer Location: Sentencing Guidelines

Difficulty Level: Medium

TOP: SAGE Course Outcome: Explain the structure, actors, and processes of the judiciary at the local, state, and federal levels.

7. How are federal sentencing guidelines used by states today?

Learning Objective: 10-3: Explain how federal sentencing guidelines are used.

REF: Cognitive Domain: Comprehension

Answer Location: Opposition to Sentencing Guidelines

Difficulty Level: Medium

TOP: SAGE Course Outcome: Explain the structure, actors, and processes of the judiciary at the local, state, and federal levels.

8. Explain and provide one example of mandatory sentencing.

Learning Objective: 10-2: Compare the differences between indeterminate, determinate, and mandatory sentencing.

REF: Cognitive Domain: Application

Answer Location: Mandatory Sentences

Difficulty Level: Hard

TOP: SAGE Course Outcome: Explain the structure, actors, and processes of the judiciary at the local, state, and federal levels.

9. What is one of the major criticism of mandatory sentencing practices?

Learning Objective: 10-2: Compare the differences between indeterminate, determinate, and mandatory sentencing.

REF: Cognitive Domain: Comprehension

Answer Location: Mandatory Sentences

Difficulty Level: Medium

TOP: SAGE Course Outcome: Explain the structure, actors, and processes of the judiciary at the local, state, and federal levels.

10. What are the five recent execution mechanisms that have been used in the United States?

Learning Objective: 10-4: Identify the current methods of execution and legal challenges to capital punishment.

REF: Cognitive Domain: Knowledge

Answer Location: Methods of Execution under the Eighth Amendment

Difficulty Level: Easy

TOP: SAGE Course Outcome: Explain the structure, actors, and processes of the judiciary at the local, state, and federal levels.

Essay

1. Explain the sentencing philosophy of deterrence. Provide one example to illustrate this philosophy.

Learning Objective: 10-1: Discuss the different sentencing philosophies.

REF: Cognitive Domain: Application

Answer Location: Deterrence

Difficulty Level: Hard

TOP: SAGE Course Outcome: Explain the structure, actors, and processes of the judiciary at the local, state, and federal levels.

2. Explain the classification of federal crimes based on the federal sentencing guidelines.

Learning Objective: 10-3: Explain how federal sentencing guidelines are used.

REF: Cognitive Domain: Knowledge

Answer Location: Sentencing Guidelines

Difficulty Level: Easy

TOP: SAGE Course Outcome: Explain the structure, actors, and processes of the judiciary at the local, state, and federal levels.

3. What are some of the benefits of mandatory sentencing?

Learning Objective: 10-2: Compare the differences between indeterminate, determinate, and mandatory sentencing.

REF: Cognitive Domain: Comprehension

Answer Location: Mandatory Sentences

Difficulty Level: Medium

TOP: SAGE Course Outcome: Explain the structure, actors, and processes of the judiciary at the local, state, and federal levels.

4. Explain and provide one example of determinate sentencing and indeterminate sentencing.

Learning Objective: 10-2: Compare the differences between indeterminate, determinate, and mandatory sentencing.

REF: Cognitive Domain: Application

Answer Location: Various

Difficulty Level: Hard

TOP: SAGE Course Outcome: Explain the structure, actors, and processes of the judiciary at the local, state, and federal levels.

5. Describe the legal history of capital punishment. Cite court cases when appropriate.

Learning Objective: 10-4: Identify the current methods of execution and legal challenges to capital punishment.

REF: Cognitive Domain: Comprehension

Answer Location: Capital Punishment

Difficulty Level: Medium

TOP: SAGE Course Outcome: Explain the structure, actors, and processes of the judiciary at the local, state, and federal levels.

Document Information

Document Type:
DOCX
Chapter Number:
10
Created Date:
Aug 21, 2025
Chapter Name:
Chapter 10 Punishment And Sentencing
Author:
Stacy L. Mallicoat

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