1. Which of the following is NOT one of the four basic philosophical reasons for sentencing?
a. deterrence b. incapacitation
c. retribution d. revenge
2. The strategy of preventing crime through the threat of punishment is called:
a. deterrence. b. incapacitation.
c. rehabilitation. d. retribution.
3. What is the oldest and most common justification for punishment?
a. deterrence b. incapacitation
c. rehabilitation d. retribution
4. “Punishment is society’s means of expressing condemnation of illegal acts such as embezzlement.” This is the basic
principle of which sentencing philosophy?
a. deterrence
b. incapacitation
c. rehabilitation
d. retribution
5. “Incarcerated criminals are not a threat to the general society for the duration of their time behind bars.” This would
be a basic example for which sentencing philosophy?
a. deterrence
b. incapacitation
c. rehabilitation
d. retribution
6. Which of the following sentencing philosophies is viewed as the most humane?
a. deterrence b. incapacitation
c. just deserts d. rehabilitation
7. “John reportedly used the stolen money to fuel his cocaine and gambling habits. While in prison, he can receive
treatment and training to address these problems.” This would be an explanation for which sentencing philosophy?
a. deterrence
b. incapacitation
c. rehabilitation
d. retribution
8. What type of sentencing occurs when a judge determines the minimum and maximum terms of imprisonment?
a. determinate sentencing b. indeterminate sentencing
c. mandatory sentencing d. truth–in sentencing
9. A period of incarceration that is fixed by a sentencing authority and cannot be reduced by judges or other
corrections officials is called sentencing.
a. determinate b. indeterminate
c. three strikes legislation d. truth-in
10. What type of sentencing law requires that murderers and others convicted of serious crimes complete a certain
percentage of their sentences with no time off for good behavior?
a. determinate sentencing laws b. indeterminate sentencing laws
c. mandatory sentencing laws d. truth–in-sentencing laws
11. Truth-in-sentencing laws, in the majority of states, require murderers and other offenders convicted of serious
crime to serve at least of the sentence handed down by the judge.
a. 60% b. 75%
c. 85% d. 100%
12. _________________ rests on the assumption that a judge should be given ample leeway in determining
punishments that fit both the crime and the criminal.
a. Truth-in-sentencing
b. Judicial discretion
c. Sentencing guidelines
d. Judicial disposition
13. Which of the following is NOT a judicial disposition?
a. imprisonment
b. fines
c. parole
d. probation
14. A sum of money paid in compensation for damages done to the victim is:
a. a fine. b. community service.
c. restitution. d. bond.
15. House arrest, electronic monitoring, and boot camp are all examples of:
a. probation. b. incarceration.
c. community service. d. alternative sanctions.
16. Who prepares the presentence investigation report?
a. the judge b. the probation officer
c. the prosecutor d. the court clerk
17. What is the primary factor in a judge’s sentencing decision?
a. aggravating circumstances b. judicial philosophy
c. mitigating circumstances d. seriousness of the crime
18. Any circumstance accompanying the commission of a crime that may justify a lighter sentence is known as a(n)
____.
a. aggravating circumstance b. conviction circumstance
c. mitigating circumstance d. real circumstance
19. A(n) circumstance is any circumstance accompanying the commission of a crime that may justify a harsher
sentence.
a. aggravating b. conviction
c. mitigating d. real
20. Mitigating circumstances may include:
a. a prior record. b. a passive role in the offense.
c. use of a weapon. d. disregard for the safety of others.
21. A situation in which those convicted of similar crimes do not receive similar sentences is:
a. sentencing disparity. b. sentencing discrimination.
c. sentencing bias. d. sentencing equity.
22. A situation in which the length of a sentence appears to be influenced by a defendant’s race, gender, economic
status, or other factor not directly related to the crime he or she committed is:
a. sentencing disparity. b. sentencing discrimination.
c. sentencing bias. d. sentencing equity.
23. Sentencing guidelines require judges to determine a defendant’s sentencing using:
a. a list of statutorily created criminal sentences.
b. a sentencing grid.
c. a presentence investigation report.
d. the prosecutor’s recommendation.
24. In an effort to eliminate the inequities of disparity by removing judicial bias from the sentencing process, many
states and the federal government have turned to ____, which require judges to dispense legislatively determined
sentences based on factors such as the seriousness of the crime and the offender’s prior record.
a. mandatory sentencing laws b. indeterminate sentencing laws
c. sentencing guidelines d. truth–in-sentencing laws
25. A stipulation in many federal and state sentencing guidelines that allows a judge to adjust his or her sentencing
decision based on the special circumstances of a particular case is called a(n) .
a. aggravating circumstance b. departure
c. disposition d. mitigating circumstance
26. Statutorily determined punishments that must be applied to those who are convicted of specific crimes are:
a. mandatory sentencing guidelines. b. habitual sentencing laws.
c. indeterminate sentencing laws. d. determinate sentencing laws.
27. Statutes that require lengthy prison sentences for those who are convicted of multiple felonies are:
a. mandatory sentences. b. habitual offender laws.
c. truth–in–sentencing laws. d. determinate sentencing.
28. African Americans are nearly times more likely to be sentenced to prison than whites for low-level drug
crimes.
a. three
b. four
c. five
d. six
29. Opponents of victim impact statements argue that they
a. violate the Fifth Amendment rights of offenders.
b. result in reduced sentences for the offender.
c. are prejudicial and inflammatory.
d. constitute double jeopardy.
30. Which is the dominant method of execution in the United States today?
a. the gas chamber b. electrocution in an electric chair
c. hanging d. lethal injection
31. In Weems v. United States, the Supreme Court ruled that:
a. what is cruel and unusual is defined by the changing norms of society.
b. the death penalty is arbitrary.
c. age is a mitigating circumstance when assigning the death penalty.
d. capital punishment is constitutional.
32. According to the bifurcated process in capital cases, the decision to sentence a defendant to death must be made
by:
a. the judge. b. the legislature.
c. the jury. d. the prosecutor.
33. In which case was the U.S. Supreme Court concerned with the execution of mentally handicapped criminals?
a. Atkins v. Virginia b. Furman v. Georgia
c. Gregg v. Georgia d. Roper v. Simmons
34. Which of the following is NOT one of the mitigating circumstances that will prevent a defendant found guilty of
first degree murder from receiving the death penalty?
a. age b. insanity
c. mental handicap d. physical handicap
35. Which amendment guards against “cruel and unusual punishment”?
a. Fourth b. Fifth
c. Sixth d. Eighth
36. In the past 10 years, the annual number of executions in the United States:
a. has remained stable. b. has increased dramatically.
c. has decreased. d. has dropped to almost zero.
37. Roper v. Simmons prohibited the death penalty for persons under the age of:
a. 15. b. 16.
c. 17. d. 18.
38. Which landmark case effectively ended the execution of those who committed capital crimes as juveniles?
a. Atkins v. Virginia b. Furman v. Georgia
c. Gregg v. Georgia d. Roper v. Simmons
39. In , the U.S. Supreme Court did not rule that the death penalty inherently violated the Eighth
Amendment’s protection against cruel and unusual punishment or the Fourteenth Amendment’s guarantee of due
process, only that it did so as practiced by the states.
a. Atkins v. Virginia b. Furman v. Georgia
c. Gregg v. Georgia d. Roper v. Simmons
40. The Supreme Court made it very difficult to prove discriminatory intent in capital punishment based on statistics
alone in:
a. McCleskey v. Kemp. b. Atkins v. Virginia.
c. Roper v. Simmons. d. Furman v. Georgia.
Case 9-1
Jeremy has just been found guilty by a jury for the crimes of robbery, aggravated assault, and obstruction of justice.
Jeremy has an extensive criminal history. He was previously in prison for burglary and possession of illegal drugs.
When he was arrested for these new crimes of robbery, aggravated assault, and obstruction of justice, he was on
probation for stealing a vehicle.
41. The judge in the case is tired of seeing Jeremy in his courtroom. He is determined to give him the most severe
punishment that the law allows. The judge believes that Jeremy must return to prison because he thinks that is the
only way that he will no longer be a danger to society again. The judge in this case is most likely following the
sentencing philosophy of:
a. retribution.
b. deterrence.
c. incapacitation.
d. rehabilitation.
42. The judge asks the probation officer in the courtroom for a report that describes Jeremy’s crime in detail, the
suffering of the victims, Jeremy’s prior offenses, and his family background. What is this report called?
a. presentence investigation report
b. presentence guideline report
c. sentencing guideline
d. sentencing report
43. The state that Jeremy was convicted in allows judges to set a minimum and maximum amount of time that Jeremy
will spend in prison. What type of sentencing is this?
a. determinate sentencing
b. indeterminate sentencing
c. mitigating sentencing
d. aggravating sentencing
44. If the judge sentences Jeremy to a prison sentence of twenty years to life, who will decide at what point Jeremy is
released from prison?
a. judge
b. parole board
c. prison administrator
d. probation officer
45. The judge in this case picked the most severe punishment that the law would require because he felt that there
were many circumstances surrounding Jeremy’s present crime that justify a harsher sentence. These
circumstances are referred to as:
a. aggravating circumstances.
b. capital circumstances.
c. mitigating circumstances.
d. truth-in-sentencing circumstances.
Case 9-2
Ted was arrested and charged with the first degree murder of Susan. Ted and Susan were coworkers at a local bar
where Ted was the busboy and Susan was a waitress. The prosecutors believed there was convincing evidence
that Ted was obsessed with Susan and when she rejected him, he raped and then strangled her. Prosecutors are
seeking the death penalty.
46. The Supreme Court now requires that all death penalty cases follow certain procedures. One of these requirements
is that there is a guilt phase and a sentencing phase of a death penalty trial. This is known as:
a. the bifurcated process.
b. the dual court process.
c. the due process.
d. the equal protection process.
47. If the jury votes to convict Ted and sentence him to death, which would be the most likely method of execution?
a. electric chair
b. gas chamber
c. hanging
d. lethal injection
48. Ted’s lawyers believe that Ted is mentally handicapped. After testimony from medical experts from both the
prosecution and the defense, the jury comes to the conclusion that Ted is in fact mentally handicapped. Which
Supreme Court case ruled that the death penalty cannot be given to a mentally handicapped defendant?
a. Atkins v. Virginia
b. Furman v. Georgia
c. Gregg v. Georgia
d. Weems v. United States
49. Many supporters of the death penalty believe that Ted needs to be executed for committing such a heinous crime
because others will be discouraged from committing a similar crime. This sentencing philosophy is known as:
a. just deserts.
b. general deterrence.
c. incapacitation.
d. specific deterrence.
50. At the sentencing phase of Ted’s trial, Susan’s mother and husband give personal statements about Susan and how
her murder has affected their lives. This statement is known as a(n):
a. aggravating factor statement.
b. restorative justice statement.
c. sentencing guideline statement.
d. victim-impact statement.
51. The oldest and most common justification for punishing someone is incapacitation.
a. True
b. False
52. Specific deterrence assumes that an individual, after being punished once for a certain act, will be less likely to
repeat that act because she or he does not want to be punished again.
a. True
b. False
53. Restorative justice almost always involves property crime, public order crime, and, particularly, offenses committed
by juveniles.
a. True
b. False
54. Determinate sentencing has severely restricted judicial discretion in many jurisdictions.
a. True
b. False
55. When an offender is sentenced under the determinate sentencing philosophy, his or her release date is determined
by the parole board.
a. True
b. False
56. Truth–in–sentencing laws require defendants to serve 100% of their sentences.
a. True
b. False
57. “Good time” is a reduction in time served by prisoners based on good behavior, conformity to rules, and other
positive actions.
a. True
b. False