1. Sentence types and lengths are typically created by a:
a.
police department.
b.
governor.
c.
panel of judges.
d.
legislative body.
2. The court actor who is responsible for bringing the state’s case against the accused is:
a.
the judge.
b.
the prosecutor.
c.
the defense attorney.
d.
the probation officer.
3. With the number of plea bargains increasing over the past few years, there seems to be a transfer of power in
the courtroom to the prosecutor from the:
a.
media.
b.
defendant.
c.
defense attorney.
d.
judge.
4. During trials without juries, the judge:
a.
rules on appropriateness of conduct.
b.
settles questions of evidence.
c.
guides questioning of witnesses.
d.
all of these choices.
5. When a jury trial is waived, the decision of guilt or innocence falls upon the:
a.
judge.
b.
prosecutor.
c.
defense attorney.
d.
all of the participants decide the final verdict.
6. Before sentencing takes place in felony cases, it is common for the court’s probation staff to conduct a:
a.
criminal investigation.
b.
background investigation.
c.
suitability for probation investigation.
d.
presentence investigation.
7. In the majority of felony cases sentencing is generally based on the information available to the:
a.
probation officer.
b.
jury.
c.
judge.
d.
media.
8. One or more sentences imposed at the same time and served simultaneously are called:
a.
consecutive sentences.
b.
concurrent sentences.
c.
mandatory minimum sentences.
d.
sentencing sanctions.
9. One or more sentences imposed at the same time and served one after the other are called:
a.
consecutive sentences.
b.
concurrent sentences.
c.
mandatory minimum sentences.
d.
sentencing sanctions.
10. The various types of sentences that can be awarded by the courts are called:
a.
sentencing sanctions.
b.
sentencing choices.
c.
sentencing alternatives.
d.
sentencing options.
11. Concurrent and consecutive sentences differ in:
a.
amount of good time.
b.
severity of punishment.
c.
length of time to serve.
d.
fairness of sentences.
12. In many jurisdictions, prisoners’ sentences are reduced by about half. This is known as:
a.
offender volunteer program.
b.
presumptive sentence.
c.
mandatory sentence.
d.
good time.
13. The purposes of sentencing have shifted:
a.
from an emphasis on utilitarian aims toward a greater focus on appropriate punishment proportionate
to the harm done.
b.
from an emphasis on proportionate punishments to an emphasis on utilitarian aims.
c.
from an emphasis on just deserts to rehabilitation.
d.
from an emphasis on restoration to rehabilitation.
14. Release after serving the required minimum portion of the sentence is a(n):
a.
indeterminate sentence.
b.
determinate sentence.
c.
presumptive sentence.
d.
three strikes.
15. Which type of sentence permits flexibility both in the type of sentences that are imposed and in the length of
time that has to be served?
a.
indeterminate sentence.
b.
determinate sentence.
c.
presumptive sentence.
d.
three strikes.
16. Sentences with a fixed term of years to serve are:
a.
indeterminate ones.
b.
determinate ones.
c.
predictive ones.
d.
good time ones.
17. The most widely used type of sentence today is:
a.
mandatory.
b.
determinate.
c.
indeterminate.
d.
presumptive.
18. In _________________ the U.S. Supreme Court found that federal law does not allow rehabilitation to be used as a
factor when handing down a sentence.
a.
Tapia v. United States
b.
Bell v. Feurtado
c.
Kranitz v. United States
d.
Katz v. United States
19. The intent to ensure fair sentencing by ending the reduction of terms in prison by grants of parole, ensuring
that persons committing similar crimes serve similar terms, and ensuring that sentences reflect the severity of
the criminal conduct is called:
a.
concurrent sentences.
b.
determinate sentencing.
c.
sentencing guidelines.
d.
sentencing fairness.
20. Which of the following was not one of the first states to develop presumptive sentencing guidelines?
a.
Florida
b.
Pennsylvania
c.
Texas
d.
Washington
21. Which of the following is not a goal of structured sentencing?
a.
to regulate sentence length
b.
to curb judicial discretion
c.
to make sentencing more rational
d.
to increase gender disparity
22. Sentencing guidelines are:
a.
often perceived as an improper interference with the role of the judiciary.
b.
opposed by respected judges.
c.
both a and b
d.
none of these choices
23. When did federal sentencing guidelines emerge?
a.
1960s
b.
1970s
c.
1980s
d.
1990s
24. The _________________ of 1994 requires a mandatory life sentence for any offender convicted of three felony
offenses
a.
Federal Crime Act
b.
Harrison Narcotic Act
c.
Violence Against Women Act
d.
Violent Crime Act
25. Which of the following is NOT a reason federal sentencing guidelines have been criticized?
a.
Prosecutors have little use for them because of their harshness and because they shift sentencing
authority to judges.
b.
They were developed with insufficient attention paid to either ethical considerations of basic justice
or basic concerns about their efforts on prison populations.
c.
They are biased against African Americans and Hispanics even though they have the goal or
removing discrimination from the sentencing process.
d.
Defense attorneys believe they result in longer prison terms and prevent judges from considering
mitigating circumstances.
26. Which Supreme Court case held that federal sentencing guidelines can be taken into consideration by federal
judges but that they no longer had to be regarded as mandatory?
a.
Blakely v. Washington
b.
United States v. Booker
c.
Bell v. Wheeling Jesuit University
d.
Estep v. United States
27. The sentence requiring a certain number of years of incarceration for particular crimes is a:
a.
mandatory minimum sentence.
b.
indeterminate sentence.
c.
concurrent sentence.
d.
consecutive sentence.
28. Which act created the U.S. Sentencing Commission?
a.
The Anti-Drug Abuse Act
b.
The Violent Crime Control and Law Enforcement Act
c.
The Firearm Owner’s Protection Act
d.
The Sentencing Reform Act
29. Mandatory life sentences for repeat offenders are popular in many states. These laws are known as:
a.
indeterminate sentences.
b.
undeterminate sentences.
c.
three strikes.
d.
presumptive sentences.
30. __________ contribute to overcrowding and longer sentences.
a.
Sentencing guidelines
b.
Three strikes laws
c.
Truth-in-sentencing laws
d.
All of these choices
31. Which law authorized funding for additional state prisons and jails in order to ensure that convicted
offenders serve a large portion of their sentence?
a.
The Anti-Drug Abuse Act
b.
The Violent Crime Control and Law Enforcement Act
c.
The Firearm Owner’s Protection Act
d.
The Sentencing Reform Act
32. With the rise of truth-in-sentencing laws, more and more inmates were sentenced to prison and required to
serve what percentage of their sentence?
a.
35 percent
b.
50 percent
c.
85 percent
d.
95 percent
33. To ensure that convicted offenders serve a large portion of their sentence, the U.S. Congress authorized funding for
additional state prisons and jails through the ____________________________ of 1994.
a.
Violent Crime Control and Law Enforcement Act
b.
Violence Against Women Act
c.
Federal Lautenberg Act
d.
Felony Crime Act
34. Most citizens are interested in offenders serving most of their imposed sentence in prison. This is known as:
a.
truth-in-sentencing.
b.
presumptive sentencing.
c.
indeterminate sentencing.
d.
sentencing guidelines.
35. What is appropriate for a judge to consider in making a sentencing decision?
a.
defendant’s prior record
b.
defendant’s age
c.
defendant’s race
d.
defendant’s income
36. Disparities in sentencing often occur due to:
a.
social status.
b.
race.
c.
gender.
d.
all of these choices.
37. Those offenders who are convicted of drug offenses and those who are unable to secure pretrial release are
mostly:
a.
whites.
b.
women.
c.
minorities.
d.
teenagers.
38. Individuals who are more dangerous and more likely to be repeat offenders are referred to as:
a.
social dynamite
b.
social misfits
c.
social parasites
d.
social venom
Scott was arrested for the crimes of aggravated assault and possession of a firearm by a convicted felon.
Scott was previously convicted of burglary, theft, assault, and several drug offenses. He previously served
a 1-year prison sentence for the burglary conviction. Scott was only out of prison 4 months before he was
arrested on these new charges. Prior to his first prison sentence, Scott was on probation for his theft,
assault, and drug charges.
39. Who will be responsible for enforcing the criminal law by trying to obtain a conviction against Scott for the
crime of aggravated assault?
a.
the prosecutor
b.
the judge
c.
the probation officer
d.
the jury
40. If the case against Scott goes to trial, who will rule on the appropriateness of conduct, settle questions of
evidence, and guide the questioning of witnesses?
a.
the prosecutor
b.
the judge
c.
the probation officer
d.
the jury
41. Assuming that Scott is found guilty, prior to sentencing, who would conduct a presentence investigation?
a.
the prosecutor
b.
the judge
c.
the probation officer
d.
the jury
42. Scott decided that he was going to reject the plea deal offered by the prosecutor of 2 years in prison. Instead,
he opts for a trial, where he is found guilty by a jury after 2 hours of deliberation. The judge imposes a 4-year
sentence for the aggravated assault and a 1-year sentence for the possession of a firearm by a convicted felon.
The judge informs Scott that the sentences will be imposed at the same time, but they will be served one after
the other. Therefore, Scott must serve 5 years in state prison. What type of sentences will Scott be serving?
a.
concurrent
b.
consecutive
c.
simultaneous
d.
specific
43. Scott’s 5-year sentence is for a definite term of 5 years. This is the maximum sentenced set in law by the
legislature. What type of sentence will Scott be serving?
a.
mandatory
c.
indeterminate
b.
determinate
d.
presumptive
Governor Smith is concerned with the crime rates in his state. He calls a special session of his cabinet and
also contacts a few of the state senators to initiate a special session of Congress. Governor Smith wants to
specifically address his states sentencing strategies.
44. Currently, the state uses sentencing where the offender can be released early from a correctional institution if
he or she has served a required minimum portion of his or her sentence. This type of sentence is known as:
a.
mandatory minimum sentencing.
c.
indeterminate sentencing.
b.
determinate sentencing.
d.
presumptive sentencing.
45. The lawmakers believe that the legislature should set the penalties for criminal acts. This type of sentencing
is known as:
a.
mandatory minimum sentencing.
c.
indeterminate sentencing.
b.
determinate sentencing.
d.
presumptive sentencing.
46. The lawmakers have their differences of opinion. One thing they certainly agree on is the fact that there are
particular crimes with specific circumstances where the offender should serve time in prison. Specifically, the
legislature wants to prohibit any defendant convicted of the crimes of aggravated assault, sexual assault, and
any manslaughter or murder charge from being placed on probation. This type of sentence is referred to as:
a.
mandatory minimum sentencing.
c.
indeterminate sentencing.
b.
determinate sentencing.
d.
presumptive sentencing.
47. Governor Smith is particularly concerned with the fact that offenders are sentenced to a specific amount of
time in prison but are being released well before their sentence expires. He wants to enact a law that requires
offenders in his state to serve a substantial portion of their sentences. He is hopeful that these new laws will
reduce the discrepancy between the sentence imposed and the actual time served in prison. These laws are
known as:
a.
mandatory minimum sentencing laws.
b.
truth-in-sentencing laws.
c.
capital sentencing laws.
d.
three strike laws.
48. After a review of all the sentences imposed during the prior year, Governor Smith is concerned that judges
are too influenced by nonlegal factors in determining the appropriate sentence. Which of the following would
NOT be considered a nonlegal factor?
a.
age
b.
gender
c.
social class
d.
severity of the offense
49. There has been a transfer of power in the courts that has undercut the formal court process with a more
informal system shaped by backroom deals and agreements.
a.
True
b.
False
50.
a.
True
b.
False
51. In 1970, about one in 12 cases made it to trial; today, fewer than one in 40 felony cases are tried in court.
a.
True
b.
False
52. The presentence investigation serves as the basis for sentencing and has a significant influence on whether the
convicted defendant will be granted community release or sentenced to secure confinement.
a.
True
b.
False
53.
a.
True
b.
False
54. Before sentencing takes place in felony cases, it is common for the prosecutor to conduct a presentence
investigation.
a.
True
b.
False
55. Consecutive sentences are usually the norm.
a.
True
b.
False
56. Unsecured bail allows release without a deposit or bail arranged through a bondsman.
a.
True
b.
False
57. Third-party custody occurs when the court assigns custody of the defendant to an individual or agency that promises
to ensure his or her later appearance in court.
a.
True
b.
False
58. The Bail Reform Act of 1984 overturned the 1976 Supreme Court case of Burton v. South Carolina, which required
that no defendant be kept in pretrial detention simply because they could not afford financial bail, and reinstated pretrial
detention for indigent offenders.
a.
True
b.
False
59. In percentage bail, the defendant deposits a portion of the bail amount, usually 10 percent, with the court clerk.
a.
True
b.
False
60. A signature bond is usually given for minor offenses, such as minor traffic offenses, and is based on the defendant’s
written promise to appear in court.
a.
True
b.
False
61. A sentence of 1 to 15 years is an example of an indeterminate sentence.
a.
True
b.
False
62. Determinate sentencing reform has been implemented in every state.
a.
True
b.
False
63. Under presumptive sentencing guidelines, the governor sets the penalties for criminal acts.
a.
True
b.
False
64. Under the Comprehensive Crime Control Act, federal sentencing guidelines were established and parole was
abolished.
a.
True
b.
False
65. If a judge wants to depart from the federal sentencing guidelines, he or she must justify that departure in
writing.
a.
True
b.
False
66. Recent Supreme Court decisions ruled that federal sentencing guidelines are always mandatory.
a.
True
b.
False
67. Under mandatory minimum sentencing policies, the legislature may prohibit defendants convicted of certain
violent crimes from being placed on probation.
a.
True
b.
False
68. Three-strike laws have contributed to overcrowded prisons.
a.
True
b.
False
69. Sentences given by state and federal courts have traditionally been short in the United States.
a.
True
b.
False
70. All violent felons receive very long prison sentences.
a.
True
b.
False
71. It is appropriate for judges to consider a defendant’s prior record in making their sentencing decision.
a.
True
b.
False
72. In recent years, _______________ have gained greater leverage to extract guilty pleas from defendants.
73. The ____________________ formally charges the jury by instructing its members on what points of law
and evidence they must consider before reaching a decision of guilty or innocent.
74. The ______________________can become a useful tool when an offender is placed on probation by helping
to shape treatment and supervision efforts.
75. A(An) ____________________sentence is one or more sentences imposed at the same time and served
simultaneously.
76. A(An) ____________________sentence is when one or more sentences are imposed at the same time and
are served one after another.
77. If prisoners become involved in serious disciplinary offenses or attempt to escape, they can lose their
____________________________.
78. __________________________ is the beginning of the correctional process once an offender has been
convicted.
79. A(An)__________________ is usually given for minor offenses, such as minor traffic offenses, and is based on the
defendant’s written promise to appear in court.
80. The _____________________of 1984, required that no defendant be kept in pretrial detention simply because he or
she could not afford financial bail.
81. ________________________ occurs when the court assigns custody of the defendant to an individual or agency that
promises to ensure his or her later appearance in court.
82. In __________________, the defendant deposits a portion of the bail amount, usually 10 percent, with the court clerk.
83. When early release occurs after an offender serves a minimum portion of the sentence, the sentence
is____________________.
84. ___________________________ give judges a recommended sentence based on the seriousness of a crime
and the background of an offender.
85. A form of sentencing in which the legislature sets the penalties for criminal acts is
____________________________.
86. ____________________ sentencing imposes a sentence for a definite term.
87. In _________________, the Court held that guidelines could be taken into consideration by federal judges
but that they no longer had to be regarded as mandatory.
88. In the case of _________________________________, the Supreme Court found that Washington State’s
sentencing guidelines violated a defendant’s Sixth Amendment rights because they permitted a judge to
consider aggravating factors that would increase the sentence.
89. Many states have enacted ________________________________ laws that require offenders to serve a
substantial portion of their sentence.
90. Social class, gender, age, and victim characteristics are considered ______________________ factors in
sentencing.
91. List and describe the at least three actors in the sentencing process.
92. Discuss consecutive and concurrent sentences and give an example of each.
93. Discuss good time and how it can affect an offender’s sentence.
94. How does judicial discretion affect the models of determinate and indeterminate sentencing?
95. Discuss the various types of structured sentences.
96. Discuss the legality surrounding sentencing guidelines.
97. What are some of the criticisms of sentencing guidelines on the federal level?
98. What are mandatory minimum sentences, and what affect have they had on correctional populations?
99. What are truth-in–sentencing laws, and why were they enacted?
100. How do each of the following affect sentencing: social class, gender, age, victim characteristics? Discuss
fully.