Test Questions & Answers Ch3 Test Bank Questions

Chapter 3 Test Bank Questions

Define the following terms:

1. Classicism
2. Criminogenic
3. determinate sentence
4. deterrence
5. diversion
6. free-willed
7. general deterrence
8. hedonistic
9. incapacitation
10. indeterminate sentence
11. labeling theory
12. mala in se
13. mala prohibitum
14. paradigm
15. Positivism
16. rehabilitation
17. reintegrative shaming
18. restorative justice
19. specific deterrence
20. What is the penultimate step in the court process once an individual has been convicted of a crime?
    1. Trial
    2. Sentencing
    3. Prosecution
    4. Preliminary hearing
21. What does the court use in making a final determination of the sentence?
    1. Presentence investigation
    2. Preliminary hearing transcripts
    3. Parole report
    4. None of the above

For the following statements, note whether the description is more characteristic of a determinate sentence, an indeterminate sentence, or both.

1. Minimum and maximum sentence lengths are imposed.
   1. Determinate
   2. Indeterminate
   3. Both
2. Sentence of incarceration
   1. Determinate
   2. Indeterminate
   3. Both
3. Fixed term of incarceration or supervision
   1. Determinate
   2. Indeterminate
   3. Both
4. Community service sentence
   1. Determinate
   2. Indeterminate
   3. Both
5. Determination of time of release is left to the discretion of correctional personnel or another agency (such as a parole board).
   1. Determinate
   2. Indeterminate
   3. Both
6. How does classicism seek to prevent and deter crime?
   1. Impose punishment that offsets any pleasurable consequence of an individual’s behavior
   2. Identify and eliminate the factors that are causing the individual to act in a certain way
   3. Tailor the sanction to the circumstances of the individual
   4. Impose punishment as retribution for the behavior
7. Which of the statements below is an example of how positivism approaches deviance?
   1. An individual’s decision to commit burglary is based on calculating the possible rewards versus the possible punishments if caught.
   2. An individual’s decision to commit burglary is based on the effects of long term unemployment.
   3. An individual’s decision to commit burglary is based on needing medicine for his child.
   4. a and b are both examples
   5. b and c are both examples

For the following crimes, indicate whether it best illustrates a mala in se offense or malum prohibitum offense.

1. Murder
   1. Mala in se
   2. Malum prohibitum
2. Robbery
   1. Mala in se
   2. Malum prohibitum
3. Prostitution
   1. Mala in se
   2. Malum prohibitum
4. Drug possession
   1. Mala in se
   2. Malum prohibitum
5. Motor vehicle theft
   1. Mala in se
   2. Malum prohibitum
6. “I am imposing this sentence because you deserve to be punished for your criminal behavior.”
   1. specific deterrence
   2. retribution
   3. incapacitation
   4. general deterrence
   5. rehabilitation
7. “I am imposing this sentence so that you can be treated in ways that will change your behavior.”
   1. restoration
   2. retribution
   3. incapacitation
   4. deterrence
   5. rehabilitation
8. “I am imposing this sentence in the hope that others who contemplate similar actions will change their minds.”
   1. general incapacitation
   2. retribution
   3. incapacitation
   4. general deterrence
   5. rehabilitation
9. “I am imposing this sentence in the hope that you will never again want to commit such an act.”
   1. restoration
   2. individual retribution
   3. general incapacitation
   4. specific deterrence
   5. rehabilitation
10. “I am imposing this sentence so you will be unable to commit another crime during the length of this sentence.”
    1. restoration
    2. retribution
    3. incapacitation
    4. deterrence
    5. rehabilitation
11. Which famous document was the first recorded attempt to emphasize that retaliatory measures against offenders should be proportional to the harm committed, not worse?
    1. Hammurabi’s Code
    2. Hedonistic Code
    3. Bentham’s Doctrine
    4. Classical Doctrine
12. Most citizens decide to conform their behavior to expected norms because they believe that it is right, not because they actually fear punishment.
    1. True
    2. False
13. The concept of deterrence is a positivistic approach.
    1. True
    2. False
14. Which is an example of free will in action?
    1. I have been homeless for over three months now and I have not eaten for several days. I walk by a fruit stand where I take an apple.
    2. I see a car with the keys in it so I steal it to take it for a joy ride.
    3. I did not graduate from high school and no one will hire me. I decide to sell drugs to get by.
    4. All of the above are examples of free will in action.
15. This model is based on the belief that offenders were sick and needed to be diagnosed and treated.
16. Restoration model
17. Diagnostician model
18. Progression model
19. Medical model
20. None of the above are correct
21. Positivists claim that behavior is within the control of the individual.
    1. True
    2. False
22. Which goal of corrections aims to to improve the life of the offender, and to improve their impact on the social group or polity?
    1. Deterrence
    2. Incapacitation
    3. Retribution
    4. Rehabilitation
    5. None of the above
23. The concept of incapacitation through imprisonment has replaced the death penalty in most jurisdictions in the western world.
    1. True
    2. False
24. When existing laws seem to have little effect in lowering the crime rate, there is often a general response to decrease prison terms.
    1. True
    2. False
25. Both specific and general deterrence are vulnerable to inconsistent apprehension and erratic sentencing practices.
    1. True
    2. False
26. Which relatively modern Positivistic addition to the goals of corrections holds that participation in the criminal justice system leads to increased criminal behavior?
    1. Diversion
    2. Rehabilitation
    3. Specific Deterrence
    4. Incapacitation
27. Drug courts are one example of diversion program.
    1. True
    2. False

1. What goal of corrections seeks to repair the harm that was done to both the victim and the community?
   1. Diversion
   2. Rehabilitation
   3. Restorative Justice
   4. Reentry
   5. Labeling Avoidance
2. Of the following, what parties are integral in addressing anti-social behavior under a restorative justice approach?
   1. Victims
   2. Offenders
   3. Family members
   4. Neighbors
   5. All of the above
3. Restorative justice practices vary but have a common theme and practice of bringing together a range of interested parties in a non-confrontational setting.
   1. True
   2. False
4. Research on many diversion programs have indicated that fewer offenders respond to the positive treatments, in terms of future offenders, compared to those who are simply punished.
   1. True
   2. False
5. The phrase “under lock and key” is a good motto for which goal of corrections?
   1. Rehabilitation
   2. Deterrence
   3. Retribution
   4. Incapacitation
6. Currently, there is an overriding belief that offenders can be helped to become non-offending members of society.
   1. True
   2. False
7. Participation in the criminal justice system does not exacerbate criminal behavior.
   1. True
   2. False

Short-Answer Questions

1. What is a paradigm? Name an example from the text.
2. List five items that are covered in the presentence investigation.
3. Detail two differences between the Classical School and the Positivistic School.
4. How do changing beliefs on behaviors affect whether they will be considered crimes? Use an example to illustrate your answer.
5. Illustrate how certainty of apprehension works under the deterrence model.
6. Other than being sent to prison or jail what other forms can incapacitation take?
7. In general, how do diversion programs work?
8. What are two concerns with effectively carrying out restorative justice approaches?
9. How can increasing penalties for particular crimes result in over-punishment?
10. What type of offenses are not amenable to restorative justice?