Chapter 9 Philosophy Holds That Society Best Served

subject Type Homework Help
subject Pages 9
subject Words 3469
subject Authors Larry K. Gaines, Roger LeRoy Miller

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58. During a sentencing hearing, the judge’s role is passive and reactive.
a. True
b. False
59. In federal court, capital punishment can be an option for those who traffic large amounts of illegal drugs.
a. True
b. False
60. Sentence-reduction programs are regularly abused as a "get free out of jail card."
a. True
b. False
61. A fine is a direct payment to the victim or victims of a crime.
a. True
b. False
62. Alternative sanctions combine probation with other dispositions such as electronic monitoring, house arrest, boot
camps, and shock incarceration.
a. True
b. False
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63. The presentence investigative report is compiled by the prosecutor.
a. True
b. False
64. Juries have traditionally been assigned a relatively small role in felony sentencing.
a. True
b. False
65. Many prosecutors and defense attorneys are opposed to “real offense” procedures because they can render a plea
bargain meaningless.
a. True
b. False
66. Judges are not uniform, or even consistent, in their opinions of which circumstances are mitigating or aggravating.
a. True
b. False
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67. An example of an aggravating circumstance is that the defendant was coerced into committing the crime.
a. True
b. False
68. The rate of imprisonment is especially high for minorities who are young and unemployed.
a. True
b. False
69. When two criminals receive different sentences for the same offense, this is known as sentencing discrimination.
a. True
b. False
70. Women who are convicted of crimes are more likely than their male counterparts to be sentenced to prison.
a. True
b. False
71. Judges are not allowed to depart from the sentences stated in sentencing guidelines.
a. True
b. False
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72. Many methods of execution have been found to be unconstitutional by the Supreme Court.
a. True
b. False
73. The number of offenders being executed by the states is steadily increasing.
a. True
b. False
74. Advocates of the death penalty argue that it is a strong general deterrent.
a. True
b. False
75. ____________________ assumes that an individual, after being punished for a certain act, will be less likely to
repeat that act.
76. has been seen as the most humane goal of punishment.
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77. An approach to punishment that is designed to repair the harm done to the victim is .
78. A prisoner is aware that he or she is eligible for as soon as the minimum time has been
served.
79. Prison administrators determine , which is a reduction in time served by
prisoners based on behaving well and conforming to prison rules.
80. Legislative attempts to ensure that convicts will serve approximately the terms to which they are initially sentenced
are known as ____________________________________.
81. is reserved normally for those who commit first degree murder.
82. combine probation with other dispositions such as electronic monitoring,
house arrest, boot camps, and shock incarceration.
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83. are payable to the government whereas is a direct payment to the victim of a
crime.
84. When sentencing by is allowed, the practice is popular with prosecutors because they are
more likely than judges to give harsh sentences.
85. A is the actual offense committed and not the charge that is levied by a
prosecutor as the result of a plea bargain.
86. is a situation in which those convicted of similar crimes do not receive
similar sentences.
87. In 1984, Congress passed the , which paved the way for federal
sentencing guidelines.
88. A is a stipulation in sentencing guidelines that allows a judge to adjust his or her sentencing
decision based on the special circumstances of a particular case.
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89. Statutorily determined punishments that must be applied to those who are convicted of specific crimes are
______________________.
90. Statutes that require lengthy prison sentences for those who have been convicted of multiple felonies are
_____________________.
91. The __________________ Act provides victims the right to be reasonably heard during the sentencing process.
92. The Furman v. Georgia (1972) case resulted in a two-stage, or , procedure for capital
cases.
93. The case of ended the execution of those who committed crimes as juveniles.
94. In the case of , the Supreme Court made it very difficult to prove
discriminatory intent in capital punishment based on statistics alone.
95. Identify, define, and discuss the four basic philosophical reasons for sentencing.
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96. Discuss restorative justice.
97. Define and illustrate indeterminate sentencing, determinate sentencing and truth-in-sentencing laws as structures of
sentencing.
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98. Identify and describe the four forms of punishment.
99. Discuss who has input in the sentencing decision.
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100. Provide three examples of aggravating and three examples of mitigating circumstances.
101. Discuss the factors that determine a sentence.
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102. List three reasons for sentencing disparities.
103. Explain some of the reasons why sentencing reform has occurred.
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104. Discuss sentencing guidelines.
105. Discuss the arguments for and against the use of victim impact statements during sentencing hearings.
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106. Describe the main issues of the death penalty debate.

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