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True / False
1. Sentencing guidelines are an instrument used by judges in some jurisdictions as a means of determining what a typical
sentence should be for a particular crime based on a previously determined sentencing range.
a.
True
b.
False
2. The phrase “sentencing disparity” can be used interchangeably with “sentencing discrimination” since they both refer to
the same issue.
a.
True
b.
False
3. Not all US states use capital punishment as a sanction for those convicted of first-degree murder.
a.
True
b.
False
4. The most frequently used form of criminal punishment used in the United States is incarceration.
a.
True
b.
False
5. Three Strikes laws have had a major impact on reducing crime rates throughout the United States.
a.
True
b.
False
6. The death penalty was used quite frequently during the Middle Ages.
a.
True
b.
False
7. Another name for the historical period commonly referred to as the Age of Reason is “The Resurrection.”
a.
True
b.
False
8. Fines and restitution are examples of determinate sanctions.
a.
True
b.
False
9. In the United States, only juries are responsible for sentencing offenders whom they have found guilty of a crime.
a.
True
b.
False
10. The death penalty is the extreme example of the punishment goal referred to as incapacitation.
a.
True
b.
False
11. Indeterminate sentences require a minimum and maximum amount of time for offenders to serve in prison.
a.
True
b.
False
12. Felony courts hear about 90 percent of all criminal cases.
a.
True
b.
False
13. Sentencing disparities occur when no justification is given for imposing very different penalties on offenders with
similar criminal histories who have commit the same offense.
a.
True
b.
False
14. The concept of deterrence assumes that people think rationally before they act.
a.
True
b.
False
15. The concept of restorative justice is that the punishment should be designed to reform and rehabilitate the offender.
a.
True
b.
False
Multiple Choice
16. Which of the following is NOT one of the four commonly accepted goals of criminal sanctions in the United States?
a.
rehabilitation
b.
retribution
c.
deterrence
d.
incarceration
17. The biblical expression "________" is often used to illustrate the underlying premise of the punishment goal of
retribution.
a.
sinners never sleep
b.
an eye for an eye
c.
blood in blood out
d.
pound of flesh
18. ________ is a goal of punishment that focuses on the notion that both an individual and society as a whole can be
discouraged from committing similar crimes through the effective use of certain types of punishments.
a.
Restoration
b.
Deterrence
c.
Retribution
d.
Rehabilitation
19. The goal of punishment that focuses on physically preventing an individual from committing future crimes is
commonly referred to as______________.
a.
incarceration
b.
retribution
c.
incapacitation
d.
deterrence
20. Cesare Beccaria and Jeremy Bentham were proponents of which major goal of punishment?
a.
incapacitation
b.
deterrence
c.
retribution
d.
rehabilitation
21. A new goal of punishment that has emerged over the last decade is called _________ justice. This process advocates
a type of punishment that is designed to restore losses to the victim and the community while attempting to keep the
offender connected to society.
a.
retributive
b.
restorative
c.
reconstructive
d.
restrictive
22. The concept of selective incapacitation centers upon the idea that
a.
the most serious offenders require shorter periods of incarceration.
b.
a small number of offenders are responsible for a disproportionate number of violent and property crimes.
c.
the cost of incarceration can be decreased by housing only serious and repetitive offenders.
d.
the crime rate will remain relatively stable if those who commit serious felonies are incarcerated for long
periods.
23. The goal of rehabilitation is oriented mainly toward the _____________and does not imply any consistent relationship
between the severity of the punishment and the gravity of the crime.
a.
state
b.
victim
c.
offender
d.
law
24. _____________ remains the standard punishment for people who commit serious crimes.
a.
Probation
b.
Incarceration
c.
Corporal punishment
d.
Parole
25. ____________ sentences are usually reserved for certain types of offenders, including those who commit violent
offenses and serious drug offenses and habitual offenders.
a.
Determinate
b.
Presumptive
c.
Mandatory
d.
Indeterminate
26. Fines, forfeiture of illegally gained assets, and restitution to victims are all examples of what form of punishment?
a.
Intermediate sanctions
b.
Determinate sanctions
c.
Indeterminate sanctions
d.
Restrictive sanctions
27. A(n) ____________ sentence is a fixed period of incarceration and is often associated with the concept of retribution.
a.
indeterminate
b.
determinate
c.
intermediate
d.
presumptive
28. According to Herbert Packer, which of the following is NOT an element of punishment?
a.
an offense
b.
the infliction of pain because of the commission of the offense
c.
use of community justice tactics to deter the offender
d.
a dominant purpose to prevent further offenses or to inflict pain on the offender
29. The goal of punishment referred to as ___________ asserts that a person who has infringed the rights of others
deserves to be penalized or punished.
a.
deterrence
b.
retribution
c.
incapacitation
d.
rehabilitation
30. More than 80 percent of all executions that have taken place in the United States since the Supreme Court reinstated
the death penalty in 1976 have taken place in what region of the country?
a.
East
b.
West
c.
North
d.
South
31. Excluding fines, the most frequently applied form of criminal sanction is_____________.
a.
probation
b.
parole
c.
community service
d.
incarceration
32. According to the text, which of the following is NOT an invisible punishment?
a.
restricting access to public libraries
b.
denying felons the right to vote
c.
restricting access to certain occupations
d.
allowing termination of parental rights
33. Punishment of criminals that is intended to be an example to the public and to discourage the commission of offenses
by others is known as___________________.
a.
specific deterrence
b.
specific retribution
c.
general deterrence
d.
general retribution
34. Punishments less severe than prison but more restrictive than traditional probation are __________________
sanctions.
a.
definitive
b.
indeterminate
c.
determinate
d.
intermediate
35. The _____________ report is a summary prepared by a probation officer who investigates the background of a
convicted offender in order to help the judge select an appropriate punishment.
a.
prearrangement
b.
prerelease
c.
pretrial
d.
presentence
36. In Europe before the 1200s a crime was determined to be a private affair, with vengeance to be carried out by the
victim or the victim’s family on the offender. This principle of punishment was centered on the idea of lex talionis,
meaning the law of __________.
a.
punishment
b.
equality
c.
justice
d.
retaliation
37. The earliest known forms of codified law were the Sumerian Laws of Mesopotamia (3100 BCE) and the
_______________, developed by the King of Babylon in 1750 BCE.
a.
Roman Twelve Tables
b.
Law of Moses
c.
Draconian Code
d.
Code of Hammurabi
38. ______________ is known as the founder of what is now referred to as the Classical School of criminology.
a.
Jeremy Bentham
b.
Cesare Beccaria
c.
John Howard
d.
William Penn
39. ____________________ is a philosophy built upon the idea of the “greatest happiness for the greatest number,” an
idea that inspired English reformer Jeremy Bentham to advocate for a new philosophy of punishment that focused upon
crime prevention.
a.
Wergild
b.
Enlightenment
c.
Classicalism
d.
Utilitarianism
40. __________ slavery was a form of criminal punishment used in the Middle Ages in which men were forced to row
large ships all over the world, with some men being chained in these ships until their death.
a.
Transportation
b.
Wergild
c.
Corporal
d.
Galley
41. When an innocent person is found guilty by plea or verdict it is known as a
a.
wrongful conviction.
b.
sentencing disparity.
c.
mandatory sentence.
d.
misrepresented sentence.
42. The Fair Sentencing Act changed penalties for
a.
all drug offenses.
b.
selling crack cocaine.
c.
selling powder cocaine.
d.
possession of methamphetamine.
43. Good-time credit
a.
is not allowed.
b.
provides an incentive for prisoners to follow institutional rules.
c.
creates more avenues for prison violence.
d.
cannot be given to violent offenders.
44. The presentence report is prepared by a
a.
probation officer.
b.
judge.
c.
prosecuting attorney.
d.
court clerk.
45. _______________ involves the participation of the offender, the victim, and the community.
a.
Restorative justice
b.
Rehabilitation
c.
Victim justice
d.
Community justice
Sal committed a crime at a time when wrongs were avenged in accordance with lex talionis. Sal's brothers Hal committed
a crime and was forced to row a ship as a punishment for the offense. Cal was moved to another region of the country as
punishment for his offense.
46. What time period was Sal sentenced in?
a.
Middle Ages
b.
twentieth century
c.
Reform era
d.
Crime-Control era
47. What principle was practiced when Sal was sentenced?
a.
An eye for an eye.
b.
You plant corn you get corn.
c.
You win some you lose some.
d.
Three strikes and you're out.
48. What punishment was used in sentencing Hal?
a.
lex talionis
b.
banishment
c.
rehabilitation
d.
galley slavery
49. What punishment practice was used in sentencing Cal?
a.
transportation
b.
lex talionis
c.
galley slavery
d.
rehabilitation
Tracy and Stacy have the same criminal histories and were both sentenced for a criminal sexual conduct offense. Tracy
received a probation sentence and Stacy was sent to prison for twenty months. Six months later it was determined that
Stacy was not involved in the offense. It was actually her twin sister Lacy. This was determined after critical evidence
was reexamined.
50. The sentences Tracy and Stacy received are an example of
a.
sentencing disparity.
b.
good sentencing practices.
c.
“you do the crime, you do the time.”
d.
justice.
51. What happened to Stacy is an example of a
a.
wrongful conviction.
b.
fair sentence.
c.
the risk you take when you commit crimes.
d.
the reality of having a twin sister.
52. Most likely, how was it determined Lacy committed the offense?
a.
DNA testing
b.
MAP testing
c.
EBP testing
d.
MCA testing
Before Judge Jones sentences an offender, she reviews a report that allows her to learn more about the offender. Then she
considers the severity level of the offense and the offender’s criminal history to determine the appropriate sentence.
53. Who prepared the report that the Court used to learn more about the offender?
a.
probation officer
b.
the defendant
c.
the defense attorney
d.
the clerk
54. What is the report the judge used called?
a.
Presentence Investigation
b.
Post sentence Investigation
c.
Sentencing Guidelines Report
d.
Biography of the Defendant
55. The judged considered the defendant’s criminal history and severity level of the offense when determining a sentence.
What sentencing structure did she use?
a.
sentencing guidelines
b.
gut feel
c.
mandatory sentencing
d.
sentencing disparity
Completion
56. A _____________ report is a document prepared by a probation officer who investigates a convicted offender’s
background to help the sentencing judge select an appropriate sentence.
57. Sentencing guidelines have helped to shift discretion from the judge to the ___________.
58. A convicted offender who is imprisoned for a fixed period of time has been given a __________ sentence.
59. Rooted in the idea of treatment of the convicted, a _________________ sentence gives correctional officials and
parole boards significant control over the amount of time an offender serves.
60. __________ assumes that society can remove an offender’s physical ability to commit further crimes by detention in
prison or by execution.
61. The punishment goal of _____________ centers upon the idea of treatment of the offender.
62. Punishments imposed by the courts that are __________ are purposely designed to repair the damage done to the
victim and community by an offender’s criminal act.
63. The scientific/forensic development of ___________ testing has enabled many who have been wrongfully convicted
and imprisoned to be exonerated.
64. ___________________ is a type of punishment in which the offender is first sentenced to a short time in jail or prison,
then is resentenced to a term of probation.
65. Jeremy Bentham, eighteenth-century English law reformer and social activist, sought to change criminal law so that it
emphasized the punishment goal of ___________, meaning that prevention, not vengeance, should be emphasized to
change a person’s behavioral patterns.
66. The law of retaliation, or "an eye for an eye, a tooth for a tooth" is also known as ________________.
67. Known as the Age of Reason or the ____________________, this era began to challenge and replace new ideas based
on rationalism, the importance of the individual, and limitations of government.
68. In Bentham's view, criminals were somewhat _______________ or unbalanced, lacking the self-discipline to control
their passions by reason.
69. Punishment of criminals that is intended to be an example to the general public and to discourage crime by others is
known as ____________ deterrence.
70. To be an effective deterrent, punishment must be perceived as fast, certain, and __________.
71. With restorative justice, the __________ must take responsibility for the offense.
72. Incarceration remains the standard punishment for people who commit ________________ crimes.
73. There are _____________ basic sentencing structures used.
74. Most states have ___________ time policies.
75. A presumptive sentence is a sentence in which the __________________ or a commission sets a minimum and
maximum range of months or years.
76. Please list, explain, and give examples of the four major goals of punishment.
77. Who was Cesare Beccaria? Please list and explain at least three major ideas he gave the world with respect to justice
and punishment.
78. What is meant by invisible punishments? List and explain four of these invisible punishments. Why are these
considered to be excessively punitive for the convicted offender?
79. Please define and then compare and contrast determinate and indeterminate sentencing strategies.
80. Explain what a presentence report is and how it is used in sentencing.
