Counseling Chapter 12 Identify The Types Sentences That Judges Can

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subject Words 3091
subject Authors Christina Dejong, Christopher E. Smith, George F. Cole

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b.
rehabilitation
c.
general deterrence
d.
specific deterrence
62. Many exonerations are not based on DNA evidence, but on the discovery that prosecutors had ignored or _______
evidence.
a.
hidden
b.
destroyed
c.
contained
d.
shared
63. The late Chief Justice ______ actively sought to reduce the opportunities for capital punishment defendants to have
their appeals heard by multiple courts.
a.
John Roberts
b.
William Rehnquist
c.
Earl Warren
d.
John Marshall
64. ______ is the state with the most defendants on death row.
a.
New York
b.
Washington
c.
California
d.
Florida
65. This group works tirelessly to exonerate those who have been unjustly incarcerated?
a.
The Innocence Project
b.
Freedom Riders
c.
Guilt By Association
d.
The Truth Project
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66. In _____ the U.S. Supreme Court ruled that execution of developmentally disabled defendants was unconstitutional.
a.
Roper v. Simmons (2005)
b.
McCleskey v. Kemp (1987)
c.
Gregg v. Georgia (1976)
d.
Atkins v. Virginia (2002)
67. _____ relationships among courtroom actors can facilitate plea bargains and shape the content of prosecutors’
sentencing recommendations.
a.
Working
b.
Exchange
c.
Court
d.
Involved
68. _____ are rigorous, military-style regimes for younger offenders designed to accelerate punishment while instilling
discipline.
a.
Day reporting centers
b.
Prisons
c.
Boot camps
d.
Halfway houses
69. _____ is a reduction in a prisoner’s sentence as a reward for participation in educational or other rehabilitation
programs, and for work assignments, such as disaster relief and conservation projects.
a.
Earned time
b.
Good time
c.
Remedial time
d.
Good Samaritan time
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Alex was recently found guilty of first-degree murder. Based upon state law, the judge was forced to use a
system/guideline to determine the sentence that he was to receive. Alex was sentenced to 25 years in prison. He will
spend his time in a prison approximately 25 miles from his home. Alex was thankful for this sentence because it was a
death penalty case otherwise.
70. Alex will be incarcerated for a period of 25 years. Which goal of punishment does his sentence meet for the general
public?
a.
Specific deterrence
b.
General deterrence
c.
Intermediate sanction
d.
Death
71. Alex will be under lock and key for the next 25 years. He will not be able to harm anyone in the general public, which
is a form of
a.
rehabilitation.
b.
incapacitation.
c.
restorative justice.
d.
intermediate sanction.
72. The judge in Alex’s case most likely had to use _____ to determine the sentence that must be rendered.
a.
sentencing guidelines
b.
discretion
c.
good time
d.
earned time
73. Alex was charged with murder in the first degree, which is a felony. Which jurisdiction would have heard Alex’s
case?
a.
Specific
b.
General
c.
Local
d.
Federal
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74. Alex will be incarcerated for a period of 25 years. Which goal of punishment does his sentence meet for Alex?
a.
Specific deterrence
b.
General deterrence
c.
Intermediate sanction
d.
Death
Jenna works for the Innocence Project. She is currently working on a case where her client states that she was wrongly
convicted. Jenna has been reviewing the court transcripts and has determined that the prosecutor seems to have withheld
information that was pertinent to the case. Jenna’s client was given a 20-year sentence for murder. She has reduced that
sentence by participating in programs and through her positive behavior while incarcerated.
75. Jenna’s client was given an incarceration rate of 20 years. She was most likely sentenced under _________
sentencing.
a.
indeterminate
b.
determinate
c.
presumptive
d.
mandatory
76. Jenna’s client has earned a sentence reduction based upon her participation in various programs. This reduction is
called
a.
good time.
b.
earned time.
c.
face time.
d.
rehabilitation.
77. Jenna was able to request and confirm a new test for her client in order to prove her innocence. She, most likely, is
having her client’s _______ tested.
a.
DNA
b.
testimony
c.
witness
d.
ANA
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78. A tornado devastated the local town and Jenna’s client went to assist in the recovery. As a result the client received a
reduction in her sentence. This is referred to as
a.
good time.
b.
earned time.
c.
mandatory sentencing.
d.
sanctions.
79. If Jenna’s client had been eligible for parole, then she was most likely sentenced under _________ sentencing.
a.
indeterminate
b.
determinate
c.
presumptive
d.
mandatory
Eric has just been sentenced to a short term to be served within the community. He knows his crime was a mistake and
considers this experience to be the first and the last time he will be involved with the criminal justice system. He plans to
do everything that he is required to do and make this time go by as easily as possible.
80. Eric’s short sentence to be served within the community is most likely
a.
incarceration.
b.
boot camp.
c.
house arrest.
d.
probation.
81. Eric’s sentence best exemplifies which goal of punishment?
a.
Retribution
b.
Deterrence
c.
Incapacitation
d.
Rehabilitation
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82. The presiding judge received a ______ report from a probation officer and so had a sense that Eric would not pose a
risk to the community.
a.
sentencing
b.
probation.
c.
presentence
d.
sentencing guideline
83. The assumption that people consider the benefits of an action and weighs it against the cost would apply to which goal
of punishment?
a.
incapacitation.
b.
deterrence.
c.
rehabilitation.
d.
retribution.
84. AParole is possible with which type of sentence?
a.
An indeterminate sentence.
b.
A presumptive sentence.
c.
A mandatory sentence.
d.
A determinate sentence.
85. Theorist _______ argued that human behavior is governed by a cost-benefit analysis.
86. ______ occurs when an offender does not commit a crime for fear of receiving the punishment.
87. ______ is punishment designed to be an example for the public.
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88. The goal of restoring a convicted offender to society through educational training is called ______.
89. A(n) _____ fixes the term of imprisonment at a specific period of time.
90. A(n) _____ sentence is determined by statute and cannot be altered by a judge.
91. If days are subtracted from a sentence for good behavior, this is called _____.
92. _____ is a sentence that can be served while the offender remains living at home, with few restrictions.
93. The _____ process is a major factor in delaying executions.
94. The U.S. Supreme Court declared that the death penalty was not implemented in a racially discriminatory manner in
the case of ______.
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95. The U.S. Supreme Court found that the death penalty was unconstitutional in _____.
96. _____ indicate to judges the expected sanction for certain offenses.
97. The U.S. Supreme Court decided in the case of _____ that the death penalty is unconstitutional for offenders under the
age of 18.
98. Many exonerations are not based on DNA evidence but rather on the discovery that police and prosecutors had
ignored or hidden _____.
99. A(n) _____ sentence is a 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.
100. ________ refers to laws that require offenders to serve a substantial proportion of their sentence before being
released on parole.
101. In ______, the U.S. Supreme Court ruled that execution of developmentally disabled defendants was
unconstitutional.
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102. By a 7-to-2 vote in _____, the justices concluded that the attorneys for the death row inmates had not proven that the
use of lethal injection violates the Eighth Amendment.
103. Since the 1970s, capital punishment has been used exclusively for _______ offenses.
104. Misdemeanor or lower courts hear about _______% of criminal cases.
105. _______ cases are processed and offenders are sentenced in courts of general jurisdiction.
106. Federal sentencing guidelines were adjusted in 2007 and 2008 to address a highly criticized source of racial
disparities in prison sentences for offenders convicted of _____-related offenses.
107. _____ is a sentence in which the offender is released after a short incarceration and resentenced to probation.
108. A report, prepared by a probation officer, that presents a convicted offender’s background and is used by the judge in
selecting an appropriate sentence is called a _____.
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109. The advent of ____ analysis has had a large impact on exonerating the innocent.
110. According to the U.S. Supreme Court landmark cases involving the use of the death penalty, its use does not violate
the Eighth Amendment of the U.S. Constitution (that is, it is not cruel and unusual punishment). Do you agree with this
view? Explain why or why not.
111. Which purposes of punishment is the death penalty designed to serve?
112. Some countries use corporal punishment as a sanction in criminal cases. Do you think the United States should use a
system of corporal punishment to control crime? What results might we see in such a system?
113. In your opinion, why does the United States rely on incarceration so heavily as a form of punishment? Why don't we
use intermediate sanctions as frequently as other countries do?
114. Give two examples of how budget cutbacks influence the use of mandatory sentencing and of good time.
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115. How did the abolition of the death penalty in 2011 in Illinois reflect changes in the use of technology? What other
issues relating to cost were involved?
116. Probation is the most utilized form of punishment in the United States. Is probation the most effective use of
punishment for the law-abiding citizen regarding protection and cost effectiveness?
117. The use of DNA evidence has been widely known to lead to exonerations. What other factors may contribute to
exonerations?
118. What is the significance of the presentence report to the defendant who is in the sentencing phase of his or her trial?
119. In Kennedy v. Louisiana, the U.S. Supreme Court ruled that the death penalty cannot be applied to cases involving
child rape. Did the court make the right decision? Why or why not?
120. Explain how and why the system treats wrongdoers equally. Be sure to include who is treated unfairly in your
answer.
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