1. The pursuit of justice through punishment imposed on a person as “pay back” for harming society by violating
criminal laws is called
a. Incapacitation
b. special deterrence
c. Rehabilitation
d. Retribution
2. Punishment that assumes the general public will not commit a crime because they observe the punishment of others
is called
a. Incapacitation
b. specific deterrence
c. rehabilitation
d. general deterrence
3. Which English scholar developed utilitarianism and viewed retribution as pointless?
a. Orville Majors
b. Thomas Hobbes
c. John Locke
d. Jeremy Bentham
4. Punishment designed to affect the future choice and behavior of individuals and targeted toward individuals who
have already been convicted is called
a. Incapacitation
b. special deterrence
c. Rehabilitation
d. Retribution
5. Punishment that uses imprisonment or execution to prevent a person from committing additional crimes is called
a. Incapacitation
b. special deterrence
c. Rehabilitation
d. Retribution
6. When the goal of punishment is to restore a convicted offender to society through therapy, this is called
a. Incapacitation
b. special deterrence
c. Rehabilitation
d. Retribution
7. Which term is used to define a model of justice that focuses on repairing damage done to the victim and the
community?
a. Reparations
b. Rehabilitation
c. Retribution
d. Incapacitation
8. Which of the following is NOT true about incarceration?
a. incarceration is thought to have a significant effect in deterring potential offenders
b. incarceration is inexpensive
c. incarceration is the most visible and well-known penalty imposed by U.S. courts
d. the majority of persons under correctional supervision are NOT incarcerated
9. When the commission of a specific crime leads offenders to be required to serve a minimum period of incarceration
before release, this is called a(n)
a. indeterminate sentence
b. presumptive sentence
c. mandatory sentence
d. good time
10. Who determines whether a prisoner has a reduction in sentence due to “good time” for good behavior?
a. Judge
b. Prosecutor
c. state supreme court
d. prison administrator
11. Which of the following is true about the death penalty?
a. all Western democracies use the death penalty
b. a majority of Western democracies use the death penalty
c. the United States is virtually the only Western democracy to use the death penalty
d. none of the Western democracies, including the United States, use the death penalty
12. From 1975 to 2000, the number of people facing the death penalty in the United States
a. Increased
b. Decreased
c. stayed the same
d. is unknown
13. How many states in the United States use the death penalty?
a. all fifty states
b. about three-fourths of the states
c. about one-fourth of the states
d. about one-tenth of the states
14. The United States Supreme Court ruled that the death penalty, as administered, constituted cruel and unusual
punishment in the case of
a. Furman v. Georgia (1972)
b. Gregg v. Georgia (1976)
c. McCleskey v. Kemp (1987)
d. Payne v. Tennessee (1991)
15. Which of the following statements about the death penalty is true?
a. the offenders race and sex can be considered as factors when deciding whether to invoke the death
sentence
b. offenders sentenced to death are not entitled to effective counsel
c. it is constitutional to exclude jurors from capital cases who do not believe in the death penalty
d. It cannot be imposed on an offender who was a juvenile at the time the offense was committed.
16. Which of the following is a valid observation about the orientation and assumptions of lower courts in their attempt
to process a large mass of cases?
a. all defendants will go to trial
b. the vast majority of defendants will plead “guilty”
c. the courts must take extra care to filter out innocent defendants because prosecutors never drop charges
d. each defendant is entitled to use two weeks or more of courtroom time in a trial
17. Felony cases are processed and offenders are sentenced in courts of
a. limited jurisdiction
b. general jurisdiction
c. specific jurisdiction
d. felony jurisdiction
18. Defendants whose cases are processed through the lower court assembly line appear to receive
a. severe punishment
b. moderate punishment
c. little or no punishment
d. none of the above
19. Which of the following offenders is most likely to be sentenced under the philosophy of selective incapacitation?
a. a first-time drug offender
b. a juvenile offender
c. a repeat burglary offender
d. most female offenders
20. Probation officers play a role in sentencing by
a. preparing the presentence report for the judge
b. always asking for leniency
c. instructing victims about what to say at sentencing hearings
d. working with the defense attorney to prepare each defendant’s rehabilitation plan
21. Over half of adults under correctional supervision are on _________________.
a. probation
b. parole
c. house arrest
d. intensive supervision probation
22. Which of the following is NOT a factor in sentencing decisions?
a. attitudes and values of the judge
b. conflicting goals of criminal justice
c. administrative pressures
d. community values
23. Which of the following is TRUE regarding presentence reports?
a. they are scientific
b. they avoid stereotypes
c. they ease the strain of decision making for a judge
d. they are prepared by the prosecutor
24. Sentencing guidelines provide :
a. judges with guidance of incarcerated felons
b. the corrections officers with discretion on incarcerating felons
c. police officers with discretionary power for arrests
d. prosecutors with guidance on plea bargaining cases
25. Legislatures construct sentencing guidelines according to two dimensions. These dimensions are
a. seriousness of the offense and gender
b. recidivism and gender
c. seriousness of the offense and prior record
d. gender and family responsibilities
26. Which demographic group are you most likely to find overrepresented in the prison population of most states?
a. white males
b. African American males
c. white females
d. Hispanic men
27. In recent years, dozens of people have been released from prison when their innocence was discovered through the
use of
a. polygraph tests
b. lie detector tests
c. eye witness testimony
d. DNA testing
28. Theorist ____________________ argued that human behavior is governed by a cost-benefit analysis.
29. ____________________ occurs when an offender does not commit a crime for fear of receiving the punishment.
30. ____________________ is punishment designed to be an example for the public.
31. The goal of restoring a convicted offender to society through educational training is called
____________________.
32. A ____________________ fixes the term of imprisonment at a specific period of time.
33. A ____________________ sentence is determined by statute and cannot be altered by a judge.
34. If days are subtracted from a sentence for good behavior, this is called ____________________.
35. ____________________ is a sentence that can be served while the offender remains living at home, with few
restrictions.
36. The ____________________ process is a major factor in delaying executions.
37. The United States Supreme Court declared that the death penalty was not implemented in a racially discriminatory
manner in the case of ____________________ v. ____________________.
38. The United States Supreme Court found that the death penalty was unconstitutional in ____________________
v. ____________________.
39. A mechanism to indicate to judges the expected sanction for certain offenses is called ____________________.
40. The United States Supreme Court decided in the case of _____________ v. _____________ that the death
penalty is unconstitutional for offenders under the age of 18.
41. Many exonerations are not based on DNA evidence but rather on the discovery that police and prosecutors
had ignored or hidden __________.
42. Punishments rarely reflect the dominant values of a particular timeframe in history.
a. True
b. False
43. When imposing a sentence, Judges consider one goal such as retribution, incapacitation, rehabilitation or deterrence.
a. True
b. False
44. An example of retribution is the saying, “an eye for an eye, a tooth for a tooth.”
a. True
b. False
45. The goal of deterrence assumes criminals to be rational.
a. True
b. False
46. Social scientists have been able to measure how many people stopped themselves from committing a crime as a
result of the threat of certain punishments being imposed.
a. True
b. False
47. Many legislators, prosecutors, and judges have abandoned rehabilitation as a goal.
a. True
b. False
48. Restorative justice programs in Vermont have increased the percentage of non-violent offenders in the state’s
prisons.
a. True
b. False
49. Approximately 30% of persons under correctional supervision are in prison.
a. True
b. False
50. Small counties frequently cannot afford to seek death penalty as punishments due to the expenses involved in trials
a. True
b. False
51. Indeterminate sentences are consistent with rehabilitation.
a. True
b. False
52. A determinate sentence means that the defendant determines his own punishment with the assistance of a
counselor.
a. True
b. False
53. Two-thirds of those on death row are from the South.
a. True
b. False
54. All fifty states impose death as a sentence.
a. True
b. False
55. The prison population contains the same proportion of African-Americans as the general population.
a. True
b. False
56. The death penalty was found to be racially discriminatory by the United States Supreme Court.
a. True
b. False
57. It is constitutional for states to execute persons under the age of 18.
a. True
b. False
58. Most states use lethal injection as the preferred method of execution.
a. True
b. False
59. Sentencing decisions are often based on specific formulas, instead of various factors..
a. True
b. False
60. Misdemeanor courts usually can only impose sentences of one year or less in jail.
a. True
b. False
61. Attitudes of judges factor into sentencing decisions.
a. True
b. False
62. Presentence reports are careful to avoid stereotypes of defendants.
a. True
b. False
63. Sentencing guidelines provide additional discretion for judges in the sentencing process.
a. True
b. False
64. The prison population contains a higher proportion of Hispanics than the general population.
a. True
b. False
65. Gender does not affect sentencing decisions.
a. True
b. False
66. According to the Supreme Court landmark cases involving the use of the death penalty, its use does not violate the
Eighth Amendment of the United States Constitution (that is, it is not cruel and unusual punishment). Do you agree
with this decision? Explain why or why not.
67. Which purposes of punishment is the death penalty designed to serve? Discuss your response.
68. Some countries use corporal punishment as sanctions in criminal cases. Do you think the United States should use a
system of corporal punishment to control crime? What results might we see in such a system?
69. In your opinion, why does the United States rely on incarceration so heavily as a form of punishment? Why don’t
we use intermediate sanctions as frequently as other countries?
70. Give two examples of how budget cut backs influence the use of mandatory sentencing and of good time?
71. How did the abolition of the death penalty in 2011 in Illinois reflect changes in the use of technology? What other
issues relating to cost were involved?
72. Under this approach, the amount and kind of punishment are calculated to discourage that criminal from repeating
the offense.
a. incapacitation
b. rehabilitation
c. general deterrence
d. specific deterrence
73. Many exonerations are not based on DNA evidence, but on the discovery that prosecutors had ignored or _______
evidence.
a. hidden
b. destroyed
c. contained
d. shared
74. The late Chief Justice __________ actively sought to reduce the opportunities for capital punishment defendants
to have their appeals heard by multiple courts
a. John Roberts
b. William Rehnquist
c. Earl Warren
d. John Marshall
75. _________ is the state with the most defendants on death row.
a. New York
b. Washington
c. California
d. Florida
76. In __________ it ruled that execution of developmentally disabled defendants was unconstitutional
a. Roper v. Simmons (2005),
b. McCleskey v. Kemp (1987)
c. Gregg v. Georgia
(1976)
d. Atkins v. Virginia (2002)
77. ________relationshipsamongcourtroomactorscanfacilitatepleabargainsandshapethecontentofprosecutors’
sentencing recommendations
a. Working
b. Exchange
c. Court
d. Involved
78. ___________ are rigorous military-style regimen for younger offenders designed to accelerate punishment while
instilling discipline.
a. day reporting centers
b. prisons
c. boot camps
d. halfway houses
79. Residential settings for selected inmates as a supplement to probation for those completing prison programs.
a. house arrest
b. boot camps
c. prison
d. day reporting centers
80. A _________ sentence is a sentence for which the legislature or a commission sets a minimum and maximum
range of months or years.Judges are to fix the length of the sentence within that range, allowing for special
circumstances.
81. ________ refers to laws that require offenders to serve a substantial proportion of their sentence before being
released on parole.
82. In _____________ it ruled that execution of developmentally disabled defendants was unconstitutional.
83. By a 7-to-2 vote in __________, the justices concluded that the attorneys for the death row inmates had not
proven that the use of lethal injection violates the Eighth Amendment.
84. Since the 1970s, capital punishment has been used exclusively for _______ offenses.
85. Misdemeanor or lower courts hear about _______ percent of criminal cases.
86. _______ cases are processed and offenders are sentenced in courts of general jurisdiction.
87. Federal sentencing guidelines were adjusted in 2007 and 2008 to address a highly criticized source of racial
disparities in prison sentences for offenders convicted of ________ related offenses.
88. The development of DNA technology has increased the number of people convicted by juries and later exonerated
by science.
a. True
b. False
89. Since the 1980s, sentencing guidelines have been established in the federal courts and in nearly two dozen state
court systems.
a. True
b. False
90. Probation is the most utilized form of punishment in the United States. Is probation the most effective use of
punishment for the law abiding citizen in regards to protect and cost effectiveness?
91. The use of DNA evidence has been widely known lead to exonerations. What other uses factors may contribute to
exonerations?
92. What is the significance of the presentence report to the defendant who is in the sentencing phase of his/her trial?
93. In Kennedy v. Louisiana, the Supreme Court ruled that the death penalty cannot be applied to cases involving child
rape. Did the court make the right decision? Why or why not?
Alex was recently found guilty of first degree murder. Based upon state law, the judge was forced to use a
system/guideline to determine the sentence that he was to receive. Alex was sentenced to 25 years in prison. He
will spend his time in a prison approximately 25 miles from his home. Alex is thankful for this sentence because it
was a death penalty case.
94. Alex will be incarcerated for a period of 25 years. Which goal of punishment does his sentence meet to the general
public?
a. specific deterrence
b. general deterrence
c. intermediate sanction
d. death
95. Alex will be under lock and key for the next 25 years. He will not be able to harm anyone in the general public,
which is a form of _________.
a. rehabilitation
b. incapacitation
c. restorative justice
d. imtermediate sanction
96. The judge in Alex’s case most likely had to use ________ which mandates the sentence that has to be rendered.
a. sentencing guidelines
b. discretion
c. good time
d. earned time
97. Alex was charged with murder in the first degree, which is a felony. What jurisdiction would have heard Alex’s
case?
a. specific
b. general
c. local
d. federal
Jenna works for the Innocence Project. She is currently working on a case where her client states that she was
wrongly convicted. Jenna has been reviewing the court transcripts and has determine that the prosecutor seems to
have withheld information that was pertinent to the case. Jenna’s client was sentenced to a 20 year sentence for
murder. She has reduced that sentence by participating in programs and her positive behavior.
98. Jenna’s client as given an incarceration rate of twenty years. She was most likely sentenced under _________.
a. indeterminate sentencing
b. determinate sentencing
c. presumptive sentencing
d. mandatory sentencing
99. Jenna’s client is having a sentence reduction based upon her participation in various programs. This reduction is
called _________.
a. good time
b. earned time
c. face time
d. rehabilitation
100. Jenna was able to request and confirm a new test for her client in order to prove her innocence. She, most likely, is
having her client’s _______ tested.
a. DNA
b. testimony
c. witness
d. ANA
101. Jenna’s client is receiving a reduction in her sentence based upon her behavior while she has been incarcerated.
This is referred to as ______.
a. good time
b. earned time
c. mandatory sentencing
d. sanctions
Eric has just been sentenced to a short term to be served within the community. He knows his crime was a
mistake and considers this experience to be the first and last time he is involved with the criminal justice system.
He plans to do everything that he is required to do and make this time go by as easy as possible.
102. Eric’s short sentence to be served outside the community is most likely _________.
a. incarceration
b. boot camp
c. house arrest
d. probation
103. Eric’s sentence is the best experience of which goal of punishment?
a. retribution
b. deterrence
c. incapacitation
d. rehabilitation