Chapter 11—Punishment and Sentencing

MULTIPLE CHOICE

  1. What was the most common state-administered punishment in early Greece and Roman civilizations?
  1. mutilation
  2. burning at the stake
  3. banishment
  4. death penalty

REF: p. 410 OBJ: 1

  1. Between 1787 and 1875 England transported over 135,000 felons to ______for overseas work.
  1. South Africa
  2. Haiti
  3. Australia
  4. The United States

REF: p. 412 OBJ: 1

  1. What event ended the transportation of prisoners from England to the United States?
  1. The War of 1812
  2. Revolutionary War
  3. The publication of The Fatal Shore
  4. France’s participation in the free trade act of 1786

REF: p. 412OBJ: 1

  1. Secure and sanitary prison construction and maintenance in 1700s England can be contributed to the work of ______.
  1. Ceasar Beccaria
  2. Jeremy Bentham
  3. William of Hillary
  4. John Howard

REF: p. 412 OBJ; 1

  1. A crime control policy that depends on the fear of criminal penalties to prevent future criminal behavior of society.
  1. general deterrence
  2. specific deterrence
  3. penitentiary deterrence
  4. explicit deterrence

REF: 413 OBJ: 3

  1. The policy of keeping dangerous criminals behind bars or confined to eliminate risk of their repeat offending is called:
  1. retribution
  2. rehabilitation
  3. incapacitation
  4. restoration

REF: 413OBJ: 3

  1. A crime control model suggesting that punishment should be severe enough to convince convicted offenders never to repeat their crime.
  1. general deterrence
  2. restoration
  3. specific deterrence
  4. rehabilitation

REF: 415 OBJ: 3

  1. Using mandatory life sentences so criminals cannot hurt other citizens is the core goal of:
  1. restitution
  2. incapacitation
  3. retribution
  4. general deterrence

REF: p. 413 OBJ: 3

  1. The philosophy of justice asserting that those who violate the rights of others deserve to be punished. The seriousness of the crime should equate to the seriousness of the punishment as well.
  1. equity restitution
  2. general deterrence
  3. just desserts
  4. restoration

REF: p. 415 OBJ: 4

  1. The process of ______is best known for turning the justice system into a healing process for both the offender and victim rather than a process of revenge.
  1. just desserts
  2. retribution
  3. rehabilitation
  4. general deterrence

REF: p. 416 OBJ: 4

  1. A social and personal history document containing an evaluation of the defendant’s chances for successful rehabilitation which the judge uses during the sentencing phase is called:
  1. presentence investigation report
  2. rehabilitation and placement evaluation
  3. presentence evaluation report
  4. diversion & deterrence document

REF: p. 417 OBJ: 5

  1. Prison sentences for two or more criminal acts, served simultaneously and which run together.
  1. consecutive sentences
  2. concurrent sentences
  3. conclusive sentences
  4. concomitant sentences

REF: p. 418 OBJ: 5

  1. Prison sentences for two or more criminal acts, served one after the other.
  1. consecutive sentences
  2. concurrent sentences
  3. conclusive sentences
  4. concomitant sentences

REF: p. 418 OBJ: 5

  1. Federal inmates can get as much as ______days taken off the end of their sentence each year for good time.
  1. 10
  2. 54
  3. 107
  4. 365

REF: p. 418 OBJ: 5

  1. Who ultimately is responsible for determining the actual length in indeterminate sentencing?
  1. prosecution
  2. state legislature
  3. correctional agency
  4. probation officer

REF: p. 419 OBJ: 6

  1. Which is NOT one the 3 main sentencing procedures used in the United States?
  1. determinate sentencing
  2. indeterminate sentencing
  3. substantiated sentencing
  4. mandatory sentencing

REF: p. 418 OBJ: 6

  1. A set of standards that defines parameters for trial judges to follow in their sentencing of offenders:
  1. sentencing structures
  2. sentencing guidelines
  3. comprehensive sentencing structures
  4. sentencing rubrics

REF: p. 419 OBJ: 6

  1. “Let the sentence fit the criminal” best describes the basic philosophy of:
  1. determinate sentencing
  2. mandatory sentencing
  3. substantiated sentencing
  4. indeterminate sentencing

REF: p. 419 OBJ: 6

  1. Which of the following states DO NOT use a comprehensive structured sentencing system setting standards for felonies and misdemeanors, intermediate sentencing, community punishments, and the distribution of state funds for correctional programs?
  1. North Carolina
  2. Pennsylvania
  3. Ohio
  4. South Carolina

REF: p. 420 OBJ: 6

  1. Who has the final say in the duration of an offender’s prison stay in determinate sentencing?
  1. correctional authority
  2. judge
  3. probation officer
  4. state legislature

REF: p. 419 OBJ: 6

  1. In the Supreme Court case of ______, it was decided that the federal cocaine sentencing guidelines, like other guidelines, are advisory.
  1. Manning v. Brady
  2. Kimbrough v. United States
  3. Briggs v. Jackson County
  4. Orsagos v. United States

REF: p. 422OBJ: 6

  1. Laws which provide lengthy terms for any person convicted of three felony offenses are
  1. third times a charm laws
  2. three strikes laws
  3. federal crime provisional laws
  4. multiple offender laws

REF: p. 422 OBJ: 6

  1. In California’s 3 strike law, anyone convicted of a third felony must do a minimum of how many years in prison?
  1. 15
  2. 25
  3. 50
  4. life

REF: p. 422OBJ: 6

  1. Those who challenge the legality of three strikes law do so as a violation of which Amendment?
  1. 4th
  2. 7th
  3. 8th
  4. 19th

REF: p. 424 OBJ: 6

  1. A sentencing scheme requiring offenders serve at least 85 percent of their original sentence before being eligible for parole or other forms of early release.
  1. truth in sentencing
  2. three strikes laws
  3. incentive sentencing
  4. discretionary sentencing laws

REF: p. 424OBJ: 6

  1. Which of the following factors does NOT affect sentencing?
  1. severity of offense
  2. offender use of weapons
  3. offender flight risk
  4. offender prior criminal history

REF: p. 425 OBJ: 7

  1. The view that the low rates of crime and delinquency among females reflect the leniency with which female offenders are treated is called:
  1. chivalry hypothesis
  2. exculpatory hypothesis
  3. null hypothesis
  4. alternative hypothesis

REF: p. 426 OBJ: 7

  1. A post-conviction address by the victim of the crime or the victim’s family that may be used to guide sentencing of the offender.
  1. victim address
  2. cold case statement
  3. victim impact statement
  4. family circle statement

REF: p. 427 OBJ: 7

  1. The first execution in what is now American soil was ______in 1608
  1. Black Beard
  2. Captain George Kendall
  3. General James G. Guy
  4. Tecsumseh

REF: p. 430 OBJ: 8

  1. About how many people on average are executed in the United States each year?
  1. 10-20
  2. 40-50
  3. 75-80
  4. about 100

REF: p. 430 OBJ: 8

  1. In 2007, ______was the first state to abolish the death penalty since it was reintroduced in the United States in 1972.
  1. West Virginia
  2. Hawaii
  3. New Jersey
  4. Maine

REF: p. 432OBJ: 8

  1. Support for the death penalty is:
  1. higher in minority communities than Caucasian communities
  2. about the same in minority communities and Caucasian communities
  3. lower in minority communities than Caucasian communities
  4. too difficult to study between races

REF: p. 439 OBJ: 9

  1. The belief that capital punishment creates an atmosphere which enhances, rather than reduces, the level of violence in society.
  1. brutalization effect
  2. butterfly effect
  3. vehemence effect
  4. pugnaciousness effect

REF: p. 440 OBJ: 9

  1. In his book The Contradictions of American Capital Punishment, author Franklin Zimring links American’s obsession with the death penalty to:
  1. our love for war
  2. vigilante justice
  3. due process
  4. slavery

REF: p. 440 OBJ: 9

  1. Currently, 40% of death row inmates are:
  1. Caucasian
  2. African American
  3. Latino
  4. Asian

REF: p. 439 OBJ: 9

  1. Which case ruled that death penalty amounts to cruel and unusual punishment, which is a violation of the 8th Amendment?
  1. Coker v. Georgia
  2. Furman v. Georgia
  3. Cabana v. Bullock
  4. Deck v. Missouri

REF: p. 441 OBJ: 10

  1. The punishment of death does not violate the 8th Amendment to the Constitution was rules in:
  1. Bell v. South Carolina
  2. Gregg v. Georgia
  3. Garner v. Tennessee
  4. Furman v. Georgia

REF: p. 441 OBJ: 10

  1. The importance of the Ring v. Arizona ruled that:
  1. the death is unconstitutional in crimes of burglary and robbery
  2. juries, not judges, must make the decision to sentence a convict to death
  3. judges must give victims a chance to speak at the sentencing phase of a death penalty case
  4. death penalty defendants may not present new evidence during the sentencing phase.

REF: p. 441 OBJ: 10

  1. In ______, the Court barred capital punishment for child rapists unless the rape resulted in or was intended to result in the death of the child.
  1. Peterson v. California
  2. Kennedy v. Louisiana
  3. Fogel v. Georgia
  4. Sambuco v. Texas

REF: p. 442 OBJ: 10

  1. The importance of Ford v. Wainwright (1986) established that it is unconstitutional to:
  1. put to death a convict 16 years or younger
  2. put to death the mentally insane
  3. put to death a foreign dignitary
  4. put to death child rapists

REF: p. 441 OBJ: 10

NARRBEGIN: CASE 11.1

Brent Weir is arrested for driving under the influence (DUI) in Ohio. On the night in question, Mr. Weir’s blood alcohol level was .16, twice the legal limit in Ohio. This was Brent’s first arrest, he has no priors, has a college degree, and runs a local hotel in the Cleveland area. Using this information, answer the following questions. NARREND

  1. If the judge were to sentence Brent to 6 months jail and $2,500 in fines, this would be an example of:
  1. general deterrence
  2. specific deterrence
  3. unambiguous deterrence
  4. exclusive deterrence given his age

REF: p. 414OBJ: 3

NARR: CASE 11.1

  1. If Brent were sentenced to 1 year probation and forced to work in the local school systems as an educator to teens and young adults about the dangers of driving drunk instead of a jail sentence this would most likely resemble:
  1. rehabilitation
  2. restitution
  3. equity rehabilitation
  4. retribution

REF: p. 415 OBJ: 4

NARR: CASE 11.1

  1. If Brent were sentenced to 6 months in jail but was released after 4 months because he was a model prisoner and completed his mandatory educational and substance abuse training, this would be an example of:
  1. good time
  2. sweat equity rehabilitation
  3. concurrent sentencing
  4. retribution

REF: p. 418 OBJ: 5

NARR: CASE 11.1

NARRBEGIN: CASE 11.2

In 2013 a young male Caucasian named Jason, age 17, is arrested for vandalism in an affluent neighborhood just east of Bloomington, Indiana. The victims include a 55 year old man, his wife, and their children, ages 17 and 15. Jason slashed the tires on their car, spray painted their house, and removed foliage from their garden. Given this information, answer the following questions: NARREND

  1. At the sentencing hearing, the judge recommends that the defendant is given the opportunity to apologize to the victims and the community, and in return will have a jail sentence revoked if the damage to the property is returned to its pre-vandalism state and all non-repairable property is reimbursed for the loss. This is an example of:
  1. rehabilitation
  2. youth assistant programs
  3. retribution
  4. restoration

REF: p. 416 OBJ: 4 NARR: CASE 11.2

  1. Assume Jason is actually 25 years old (not 17) and has committed the same crime but has 3 prior arrests: one for DUI, one for robbery, and one for simple assault, all since his 18th birthday. If at sentencing the judge sentences Jason to 3-5 years, this is an example of:
  1. indeterminate sentencing
  2. circle sentencing
  3. widen the net sentencing
  4. determinate sentencing

REF: p. 419 OBJ: 6NARR: CASE 11.2

  1. Based on what you know about the history of punishment, if the above scenario would have involved the vandalism of a neighbor’s property in early Greece or Rome, the punishment most likely would have been:
  1. death due to the harsh punishments of early law
  2. banishment or fines
  3. the removal of one piece of similar property from the offender’s house
  4. a duel to the death

REF: p. 410 OBJ: 1NARR: CASE 11.2

NARRBEGIN: CASE 11.3

Trent Jones, a 42 year old Black war veteran with no prior criminal arrests, is arrested in Texas for the premeditated murder of his neighbor, Jeffery Bella, following months of disagreement between the two men. On the night in question, Mr. Jones hid behind bushes in Mr. Bella’s driveway, waited for Mr. Bella to exit, and shot him 5 times in the chest in front of his wife and two children. Given this information, answer the following questions: NARREND

  1. If the case would have occurred in 1974 and Mr. Jones was found guilty his sentence most likely would have been:
  1. the death penalty following Furman v. Georgia (1972)
  2. life without parole following the de facto moratorium on the death penalty at the time
  3. the death penalty following Gregg v. Georgia (1974) which reinstituted the death penalty
  4. suspended due to a loophole in the law during 1974 which made it illegal to sentence crimes of rage in a public court setting

REF: p. 441OBJ: 10 NARR: CASE 11.3

  1. If found guilty Mr. Jones’ attorney most likely would challenge the sentence due to the:
  1. this being Mr. Jones’ first arrest
  2. due to the disproportionate number of blacks males sentenced to death for killing a white individual
  3. due to the veteran status of his client
  4. due to the fact that Texas does not have the death penalty

REF: p. 439 OBJ: 9 NARR: CASE 11.3

  1. If at the sentencing hearing, Mr. Bella’s wife is allowed to speak and direct her comments toward her husband’s killer this is called a:
  1. victim impact statement
  2. victim diversion program
  3. exculpatory statement
  4. court appointed victim advocacy

REF: p 424OBJ: 7 NARR: CASE 11.3

  1. Given the same scenario above but change the defendant from male to female, if found guilty and at sentencing the offender is given 25-30 years instead of life in prison or the death penalty, many would argue this is an example of the:
  1. chivalry hypothesis
  2. gallantry hypothesis
  3. nobility hypothesis
  4. double marginality clause

ANS: A REF: p. 426 OBJ: 7

NARR: CASE 11.3

TRUE/FALSE

  1. During the Middle Ages there was little law or governmental control and offenses were settled by blood feuds carried out by the families of the injured parties

REF: p. 410 OBJ: 1

  1. Some institutions used as penitentiaries were developed soon after the Revolutionary War and are still in use today.

REF: p. 412OBJ: 2

  1. A positive sign for crime rates in the United States is that between 1990 and 2008 the prison population decreased by almost 15%.

REF: p. 414OBJ: 3

  1. Reducing recidivism is the primary goal of a specific deterrence model.

REF: p. 414 OBJ: 3

  1. Good time is not guaranteed and can be lost if inmates break prison rules.

REF: p. 418 OBJ: 5

  1. A sentencing target of eight to twenty years in prison is an example of a determinate sentence.

REF: p. 419 OBJ: 6

  1. In 2007, the Federal Sentencing Commission revised the guidelines and retroactively considered reducing sentences for people convicted of crack possession.

REF: p. 421 OBJ: 6

  1. Mandatory sentencing generally limits the judge’s discretionary power to impose any disposition but that authorized by the legislature.

REF: p. 422 OBJ: 6

  1. Mandatory sentencing laws have not garnered much support as only 15 states have replaced discretionary sentencing with mandatory fixed-term sentencing.

REF: p. 422OBJ: 6

  1. The Federal Crime Act of 1994 created what the criminal justice system refers to as victim impact statements.

REF: p. 422OBJ: 6

  1. Three-strike laws have garnered much criticism, especially after the life sentence imposed on a third time felon for stealing a set of golf clubs.

REF: p. 424OBJ: 6

  1. About 70% of all felons convicted in state courts are sentenced to a period of confinement.

REF: p. 424 OBJ: 7

  1. Research has shown that females are more likely to received preferential treatment from judges than they are from the arresting police officer or the prosecutor.

REF: p. 426 OBJ: 7

  1. Over 132,000 executions have been carried out in the United States, with the first in the early 1700s for treason.

REF: p. 430 OBJ: 8

  1. Although the Supreme Court has limited the death penalty to First Degree Murder, the federal government still has provisions in place to use it for espionage, treason, and murder during criminal conspiracies.

REF: p. 430 OBJ: 8

  1. About 8% of prisoners under a sentence of death have prior homicide convictions; if they would have been executed for the first offense, no further victims would have to have suffered.

REF: p. 430 OBJ: 9

  1. Proponents of the death argue it is morally correct because evidence in the Bible and other religious works.

REF: p. 434 OBJ: 9

  1. Of the approximately 10,000 person convicted each year on homicide charges, only 250 to 300 are sentenced to death, while and equal number receive probation or community supervision only.

REF: p. 435 OBJ:9

  1. In the case of Baze v. Rees, the Supreme Court ruled that lethal injections did violate the 8th Amendment protection against cruel and unusual punishment hence putting a moratorium on the death penalty for more than 8 years during the 1970s.

REF: p. 442 OBJ: 10

  1. Juries, not judges, must make the critical findings that send killers to death was ruled in Ring v. Arizona (2002).

REF: p. 443OBJ: 10

COMPLETION

  1. The early English prison reformer who called for more sanitary and secure prisons was ______.

REF: p. 412 OBJ: 1

  1. The word ______has its origins in the twelfth century, meaning a “breach of faith with one’s feudal lord.”

REF: p. 411 OBJ: 1

  1. ______refers to the policy of keeping dangerous criminals in confinement to eliminate the risk of repeat offending.

REF: p. 413 OBJ: 3

  1. The ______model punishes people in an attempt to set an example to other would be criminals.

REF: p. 413 OBJ: 3

  1. ______refers to the action of seeking compensation for individual victims by the offender for losses due to the crime committed.

REF: p. 416 OBJ: 4

  1. Under ______, sentencing is aimed at reducing future criminal behavior by treating and eliminating the underlying causes of crime.

REF: p. 417 OBJ: 4

  1. Prison sentences which run ______are those in which two or more criminal acts are served simultaneously and run together.

REF: p. 418 OBJ: 5

  1. The ______sentence is still the most widely used type of sentence in the United States.

REF: p. 419 OBJ: 6

  1. ______provide lengthy terms for any person convicted of three felony offenses, even if the third crime is a relatively trivial offense.

REF: p. 422 OBJ: 6

  1. A ______sentence is a statutory requirement that a certain penalty shall be set and carried out in all cases upon conviction for a specified offense.

REF: p. 422OBJ: 6

  1. A sentencing scheme requiring that offenders serve at least 85% of their original sentence before being eligible for parole or early release is called ______.

REF: p. 424 OBJ: 6

  1. The ______is the view that the low rates of crime and delinquency among females reflect the leniency with which female offenders are treated.

REF: p. 426 OBJ: 7

  1. Of the thousands of executions that have been carried out in the United States, most of these have been for murder and ______.

REF: p. 430 OBJ: 8