True / False
1. Punishments rarely reflect the dominant values of a moment in history.
a. True
b. False
2. The saying “an eye for an eye, a tooth for a tooth” exemplifies the philosophy of retributive justice.
a. True
b. False
3. One drawback to the deterrence model of punishment is that it assumes criminals weigh the costs and benefits of crime.
a. True
b. False
4. Selective incapacitation is used to incarcerate career criminals for longer periods of time than other criminals.
a. True
b. False
5. Restorative justice programs in Vermont include alternative punishments, public apologies, restitution, and interaction
between offenders and victims seek to advance both accountability and restoration.
a. True
b. False
6. Sentencing under a rehabilitative framework involves indeterminate sentencing.
a. True
b. False
7. Indeterminate sentences may encourage convicted offenders to focus upon rehabilitation.
a. True
b. False
8. A determinate sentence means that the defendant determines his own punishment with the assistance of a counselor.
a. True
b. False
9. “Good time” is a way of rewarding prisoners who follow the rules.
a. True
b. False
10. Budget crises have led several states to increase good-time credits.
a. True
b. False
11. Traditional probation is a type of intermediate sanction.
a. True
b. False
12. Probationers must not commit new crimes during their sentence, but they do not have conditions to meet like parolees.
a. True
b. False
13. One of the most striking contemporary developments affecting the death penalty is the decline in both the offenders’
sentences to death each year and the number of executions carried out.
a. True
b. False
14. All 50 states impose death as a sentence.
a. True
b. False
15. The death penalty has been found to be racially discriminatory by the U.S. Supreme Court.
a. True
b. False
16. The U.S. Supreme Court has held that it is constitutional for states to execute persons under the age of 18.
a. True
b. False
17. Most states currently employ electrocution as the preferred method of execution.
a. True
b. False
18. The U.S. Supreme Court held in Strickland v. Washington (1984) that defendants in capital cases had the right to
representation that meets an “objective standard of reasonableness.”
a. True
b. False
19. The term “Witherspoon excludable” refers to a prospective juror opposed to executing the mentally ill.
a. True
b. False
20. Members of “death qualified” juries are more likely to favor conviction than other juries.
a. True
b. False
21. A large majority of Americans would choose the death penalty over life imprisonment for those found guilty of
murder.
a. True
b. False
22. Misdemeanor courts can usually only impose sentences of one year or less in jail.
a. True
b. False
23. A presentence report is prepared by a probation officer for use by a judge.
a. True
b. False
24. Sentencing guidelines provide additional discretion to judges during the sentencing process.
a. True
b. False
25. The development of DNA technology has increased the number of people exonerated after being convicted.
a. True
b. False
26. General incapacitation targets individuals whose incapacity will do the most to reduce crime in society.
a. True
b. False
27. Deterrence deprives the ability of an offender to commit crimes against society by detaining him or her in
prison.
a. True
b. False
28. Restorative justice utilizes mediation among the three actors to devise ways to repair the harm.
a. True
b. False
29. According to the Supreme Court’s decision in Witherspoon v. Illinois (1968), potential jurors who object to the death
penalty cannot be automatically excluded from service.
a. True
b. False
30. Even if you feel so strongly about capital punishment that they could not give an impartial verdict, you still must serve
on the jury.
a. True
b. False
Multiple Choice
31. Use of the death penalty is best described by which philosophy of punishment?
a. incapacitation
b. special deterrence
c. rehabilitation
d. retribution
e. general deterrence
32. The philosophy which assumes that the general public will NOT commit a crime because they observe the punishment
of others is called:
a. incapacitation.
b. special deterrence.
c. rehabilitation.
d. retribution.
e. general deterrence.
33. Punishment designed to affect the future choice and behavior of individuals and targeted at individuals who have
already been convicted is called:
a. incapacitation.
b. specific deterrence.
c. rehabilitation.
d. retribution.
e. general deterrence.
34. This philosophy of punishment in which the primary function of imprisonment and execution is seen as preventing a
person from committing additional crimes is known as:
a. incapacitation.
b. special deterrence.
c. rehabilitation.
d. retribution.
e. general deterrence.
35. This philosophy of punishment seeks to target “career criminals” by locking them up for a lengthier timeframe than
that of a first-time offender.
a. incapacitation
b. special deterrence
c. rehabilitation
d. selective incapacitation
e. deterrence
36. Which of the following situations is an example of restorative justice?
a. A violent offender is sentenced to six months in jail.
b. A property offender receives corporal punishment.
c. A drug offender picks up trash on the highways.
d. A man who has abused his wife is sentenced to anger management.
e. A juvenile who stole a lawn mower meets with the victim to discuss his actions.
37. Thirty percent of people under correctional care are represented in this most visible penalty.
a. probation
b. incarceration
c. parole
d. shock probation
e. death
38. Indeterminate sentences are most closely associated with which of the following philosophies of punishment?
a. incapacitation
b. rehabilitation
c. general deterrence
d. specific deterrence
e. restorative justice
39. When a sentence has a fixed term of imprisonment at a specific period, it is referred to as:
a. indeterminate sentencing.
b. presumptive sentencing.
c. determinate sentencing.
d. mandatory sentencing.
e. preventative sentencing.
40. This is a type of 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.
a. indeterminate sentencing
b. presumptive sentencing
c. determinate sentencing
d. mandatory sentencing
e. preventative sentencing
41. When offenders who commit a specific crime are required to serve a minimum period of incarceration before release,
it is known as:
a. indeterminate sentencing.
b. presumptive sentencing.
c. preemptive sentencing.
d. mandatory sentencing.
e. preventive sentencing.
42. A reduction in an inmate’s prison sentence for good behavior, which helps to maintain order in the correctional
facility, is called:
a. parole.
b. earned time.
c. good time.
d. incentive time.
e. post sentencing time.
43. A reduction in a prisoner’s sentence as a reward for participation in educational or other rehabilitation programs is
called:
a. parole.
b. earned time.
c. good time.
d. incentive time.
e. post sentencing time.
44. Who determines whether a prisoner’s sentence may be reduced for good behavior?
a. judge
b. prosecutor
c. state supreme court
d. prison administrator
e. governor of the state
45. Laws that require offenders to serve a substantial proportion of their sentence before being released is known as:
a. truth-in-sentencing laws.
b. mandatory sentencing laws.
c. indeterminate sentencing laws.
d. determinate sentencing laws.
e. good time laws.
46. Punishments that fall somewhere between probation and prison are known as:
a. in-the-middle sanctions.
b. indeterminate sanctions.
c. intermediate sanctions.
d. incapacitation sentences.
e. retributive sentences.
47. The number of new people facing the death penalty in the United States has:
a. increased in recent years, and the execution rate has risen proportionally.
b. increased in recent years, but the execution rate has actually gone down.
c. increased in recent years, but the execution rate has remained stable.
d. decreased in recent years, along with the execution rate.
e. remained stable in recent years, along with the execution rate.
48. This particular sentence is the most frequently applied criminal justice sanction and allows the offender to serve his or
her sentence in the community under supervision.
a. probation
b. shock probation
c. intensive probation
d. supervisory probation
e. incentive probation
49. This type of sentencing releases the offender back into the community after a short incarceration period.
a. probation
b. shock probation
c. intensive probation
d. supervisory probation
e. incentive probation
50. The U.S. Supreme Court ruled that the death penalty, as administered, constituted cruel and unusual punishment in
which of the following cases?
a. Furman v. Georgia (1972)
b. Gregg v. Georgia (1976)
c. McCleskey v. Kemp (1987)
d. Payne v. Tennessee (1991)
e. Ford v. Wainwright (1986)
51. The U.S. Supreme Court ruled that a judge or jury must take into account specific aggravating and mitigating factors
before deciding which convicted murderers should be sentenced to death.
a. Furman v. Georgia (1972)
b. Gregg v. Georgia (1976)
c. McCleskey v. Kemp (1987)
d. Payne v. Tennessee (1991)
e. Ford v. Wainwright (1986)
52. The U.S. Supreme Court ruled that the death penalty did not violate the equal protection clause due to racial
discrimination.
a. Furman v. Georgia (1972)
b. Gregg v. Georgia (1976)
c. McCleskey v. Kemp (1987)
d. Payne v. Tennessee (1991)
e. Ford v. Wainwright (1986)
53. The U.S. Supreme Court ruled that an individual who is developmentally disabled could not receive the death penalty.
a. Furman v. Georgia (1972)
b. Gregg v. Georgia (1976)
c. McCleskey v. Kemp (1987)
d. Payne v. Tennessee (1991)
e. Atkins v. Virginia (2002)
54. In Roper v. Simmons (2005), the Supreme Court ruled that:
a. it is unconstitutional to sentence someone to death if they are mentally ill.
b. it is unconstitutional to sentence someone to death if they were under 18 when they committed the crime.
c. it is unconstitutional to sentence someone to death if they had the mental capacity of a child under 18 when they
committed the crime.
d. the death penalty discriminates against minorities, and is thus unconstitutional.
e. the death penalty is cruel and unusual punishment, and thus unconstitutional.
55. What is currently the preferred method of execution in the United States?
a. lethal injection
b. hanging
c. electrocution
d. firing squad
e. gas chamber
56. A “death qualified” jury is one in which:
a. all members state that they are against the death penalty.
b. all members reside in a state that uses the death penalty for capital offenses.
c. all members find the defendant guilty in a capital trial.
d. all members are able to evaluate evidence fairly without their attitude toward the death penalty altering their
perceptions.
e. all members agree to hear the appeal if the defendant is found guilty and sentenced to death.
57. The governor of Illinois declared a moratorium on the death penalty in his state due to:
a. claims by prisoners that lethal injection is a cruel method of punishment.
b. the large number of wrongfully convicted individuals released from death row.
c. sSerious prison riots by inmates upset about the death penalty.
d. evidence that judges had acted unethically in capital trials.
e. racial discrimination in application of the death penalty.
58. Which of the following statements about the death penalty is FALSE?
a. It is constitutional to execute the mentally ill.
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. Offenders sentenced to death cannot appeal.
e. According to the Vienna Convention, if a citizen of another country is sentenced to death, his or her home country
need not be notified.
59. Which of the following factors does NOT affect the sentencing process?
a. the administrative context of the courts
b. the attitudes and values of the judge
c. the presentence report
d. sentencing guidelines
e. willingness of the prison warden to accept new prisoners
60. Felony cases are processed and sentenced in a court of:
a. general jurisdiction.
b. specific jurisdiction.
c. complete jurisdiction.
d. appellate jurisdiction.
e. Supreme Court jurisdiction.
61. 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
e. all of these are factors
62. Judges typically look at protecting the community during sentencing. Which of the following is NOT a factor?
a. dangerousness
b. sexual orientation
c. recidivism
d. offense severity
e. all of these
63. What report do probation officers typically prepare, which presents a convicted offender’s background and is used by
the judge in selecting an appropriate sentence?
a. sentencing report
b. incarceration report
c. presentence report
d. death sentence report
e. probation report
64. 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.
e. none; probation officers play no role in sentencing.
65. Which of the following statements regarding presentence reports is TRUE?
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
e. None of these; all of the statements given are false.
66. These guidelines were established in the federal courts and indicate to judges the expected sanction for particular
offenses.
a. punishment
b. sentencing
c. incapacitation
d. post sentence
e. final sentence
67. The two dimensions along which legislatures construct sentencing guidelines are:
a. seriousness of the offense and gender.
b. recidivism and gender.
c. seriousness of the offense and recidivism.
d. gender and family responsibilities.
e. seriousness of the offense and standing in the community.
68. Which of the following offenses would likely receive the most severe sentence on a sentencing guideline grid?
a. driving impaired
b. residential burglary
c. assault, first degree
d. solicitation of a prostitute
e. passing bad checks
69. The federal sentencing guidelines were adjusted in 2007 and 2008 due to the racial disparity of sentencing of this
particular drug.
a. methamphetamine