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312
Chapter 14
SENTENCING OPTIONS
TEST BANK
MULTIPLE CHOICE
1. “Only by ‘locking him up and throwing away the key’ can we assure that he won’t be
able to rape another woman.” That statement best matches which of the following
purposes of punishment?
a.
retribution
c.
general deterrence
b.
incapacitation
d.
specific deterrence
2. “An eye for an eye” is an example of a punishment based on
a.
retribution.
c.
incapacitation
b.
rehabilitation.
d.
deterrence.
3. In ancient societies, the primary purpose of punishment was
a.
rehabilitation.
c.
incapacitation.
b.
deterrence.
d.
retribution.
4. Incapacitation that focuses on offenders with a high risk of serious recidivism is termed
a.
focused incapacitation
c.
selective incapacitation
b.
special incapacitation
d.
restricted incapacitation
5. The nineteenth century British criminologist who popularized deterrence theory was
a.
August Comte.
c.
Isaac Newton.
b.
John Stuart Mill.
d.
Jeremy Bentham.
6. Advocates of the due process model of criminal justice see the death penalty as…
a.
unfairly administered
b.
a deterrent
c.
appropriate
d.
none of these answers is correct
7. What concept dominated thinking about sentencing throughout much of the 20th century?
a.
Retribution
c.
Incapacitation
b.
rehabilitation
d.
Deterrence
8. “He got what he deserved! I feel better knowing that wife beaters must make public
apologies.” That statement best matches which of the following purposes of punishment?
a.
retribution
c.
general deterrence
b.
incapacitation
d.
specific deterrence
9. Advocates of the due process model believe the death penalty is…
a.
immoral
b.
moral
c.
appropriate
d.
effective
10. Advocates of the crime control model believe the death penalty is…
a.
moral
b.
immoral
c.
inappropriate
d.
ineffective
11. Executive branch influence on punishment is exercised through
a.
mandatory minimum and determinate sentencing schemes.
b.
restorative justice programs.
c.
parole boards and pardons.
d.
common law writs.
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12. What branch of government has the authority to choose among sentencing options?
a.
the judicial branch of government
b.
the executive branch of government
c.
the judicial and the legislative branches of government
d.
the legislative branch of government
13. A prison sentence that ranges from one to five years is a(n)
a.
parole sentence
c.
mandatory minimum sentence
b.
indeterminate sentence
d.
determinate sentence
14. What sentence specifically states the exact number of years to be served in prison?
a.
determinate
c.
definite
b.
indeterminate
d.
predetermined
15. What branch of government typically carries out sentences?
a.
the judicial branch of government
b.
the executive branch of government
c.
the legislative branches of government
d.
the correctional branch of government
16. Which of the following states reported the highest levels of overcrowding?
a.
Alabama.
c.
Indiana.
b.
New York.
d.
California.
17. Lawsuits by inmates contending that local, county, or state officials have deprived them
of their constitutional rights are often termed what?
a.
conditions of confinement lawsuits
b.
correctional conditions lawsuits
c.
corrections conditions lawsuits
d.
conditions of corrections confinement lawsuits
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18. The Prison Litigation Reform Act severely limited the federal courts’ supervisory powers
over what?
a.
state probation programs
b.
city prisons
c.
city probation programs
d.
state prisons
19. The most commonly used punishment in the United States is
a.
Restitution
c.
an intermediate sanction
b.
imprisonment
d.
probation
20. Which of the following is one type of intermediate sanctions?
a.
electronic monitoring
c.
prison
b.
work release
d.
parole
21. Symbolic restitution usually involves some form of
a.
community service.
c.
imprisonment.
b.
direct payment to the victim.
d.
a fine.
22. What is it called when an offender is sentenced to a brief jail or prison sentence and then
release on probation?
a.
intensive supervision probation
c.
probation
b.
shock probation
d.
parole
23. The Court has narrowed the list of death-eligible offenders by striking down death
penalty provisions for most crimes. Which of the following crimes remains an open
question?
a.
rape.
c.
homicide.
b.
child rape.
d.
treason.
24. A sum of money paid to the government by a person convicted of an offense as
punishment is called…
a.
a fine
b.
restitution
c.
community service
d.
compensation
25. In what type of punishment does the offender directly compensate the victim for the harm
caused by the criminal offense?
a.
restitution
c.
a fine
b.
electronic monitoring
d.
community service
26. What is the best-known example of shock incarceration?
a.
probation
b.
intensive supervision probation
c.
parole
d.
boot camp
27. What Amendment to the Constitution prohibits cruel and unusual punishments?
a.
Fourth
c.
Sixth
b.
Fifth
d.
Eighth
28. Conditions of confinement lawsuits primarily involve which Amendment to the
Constitution?
a.
the Fifth Amendment
c.
The Second Amendment
b.
The First Amendment
d.
The Eighth Amendment
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29. In what case, in 1972, did the U.S. Supreme Court strike down all capital punishment
laws?
a.
Furman v. Georgia
c.
Clark v. Georgia
b.
Thomas v. Georgia
d.
Gregory v. Georgia
30. In what case, in 1976, did the U.S. Supreme Court upheld guided discretion death penalty
laws.
a.
Thurman v. Georgia
c.
Tinsley v. Georgia
b.
Granger v. Georgia
d.
Gregg v. Georgia
31. What two Supreme Court Rulings led to the bifurcated process for death penalty
sentencing?
a.
Furman v. Georgia and Gregg v.
Georgia
c.
Gregg v. Georgia (1976) and Atkins v.
Virginia (2002)
b.
Roper v. Simmons (2005) and Atkins v.
Virginia (2002)
d.
Atkins v. Virginia (2002)and Roper v.
Simmons (2005)
32. Death-qualified juries involve exclusion of which of the following?
a.
potential jurors who oppose the death penalty
b.
potential jurors who have lost a loved one to murder
c.
potential jurors in non-death penalty states
d.
judicial instructions to jurors prior to deliberations
33. How do death-qualified jurors differ from regular jurors?
a.
Death-qualified jurors are more likely to be male, Caucasian, politically
conservative, and middle-class.
b.
Death-qualified jurors are more likely to believe in the infallibility of the criminal
justice process.
c.
Death-qualified jurors are more likely to weigh aggravating circumstances (i.e.,
arguments for death) more heavily than mitigating circumstances.
d.
All of these answers are correct.
34. Ideological differences in the death penalty debate focus on three central issues. What are
those issues?
a.
morality, deterrence, and fairness
b.
morality, incapacitation, and fairness
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c.
ethics, deterrence, and fairness
d.
morality, deterrence, and economics
35. Which of the following alternatives to incarceration is rarely used with felonies?
a.
probation
b.
restitution
c.
intermediate sanctions
d.
fines
36. Which of the following is one of the three major issues related to imprisonment as a
sentence in the United States?
a.
overcrowding
b.
conditions of confinement lawsuits
c.
high costs of incarcerating prisoners
d.
all of these answers are correct
37. In what case did the Court declare that most U.S. death penalty laws were
unconstitutional due to their arbitrary nature?
a.
Furman v. Georgia (1972)
c.
Gregg v. Georgia (1976)
b.
Roper v. Simmons (2005)
d.
Atkins v. Virginia (2002)
CRITICAL THINKING SCENARIOS
CASE 14.1
No consensus exists on how the courts should punish the guilty, perhaps due to the fact that five
different philosophical principles guide sentencing in the United States: retribution,
incapacitation, deterrence, rehabilitation, and restoration. These sentencing philosophies differ
in important ways. Some focus on past behavior, whereas others are future-oriented. Some stress
that the punishment should fit the crime, whereas others emphasize that punishment should fit
the criminal. These issues influence contemporary thinking about sentencing.
38. Which sentencing philosophy encompasses the idea that offenders deserve punishment?
a.
Retribution.
b.
Incapacitation.
c.
Deterrence.
d.
Rehabilitation.
39. The idea that the sentence of one offender should be a warning to others is inherent in
what sentencing philosophy?
a.
Retribution
b.
Incapacitation
c.
Deterrence
d.
Rehabilitation
40. Prevention of crime through the physical restraint of offenders is an idea incorporated in
which of the following sentencing philosophies?
a.
Retribution.
b.
Incapacitation.
c.
Deterrence.
d.
Rehabilitation.
CASE 14.2
Joe was accused of an assault on his neighbor George. Joe is convicted of assault and sentenced
to probation, community service, and restitution. At the sentencing, George read a victim impact
statement in which he said that he wanted Joe to make things right so that they could go back to
being good neighbors.
41. What philosophy best fits the sentence that Joe received?
a.
rehabilitation
b.
deterrence
c.
incapacitation
d.
retribution
42. What philosophy does George’s victim impact statements best represent?
a.
incapacitation
b.
restoration
c.
deterrence
d.
retribution
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43. Victim impact statements belong in what sentencing philosophy?
a.
rehabilitation
b.
deterrence
c.
restoration
d.
incapacitation
CASE 14.3
In Trop v. Dulles (1958), the Supreme Court explained that the scope of the Cruel and Unusual
Punishments Clause of the Eighth Amendment to the U.S. Constitution is not static, but rather
should be interpreted on the basis of “evolving standards of decency in a maturing society” (p.
101). Since that time, the Court has been repeatedly called upon to determine if particular capital
punishment laws or their application in particular cases are consistent with the Eighth
Amendment as viewed from the perspective evolving standards of decency in a maturing society.
44. In what landmark decision did the Court apply this standard and invalidate all 37 then-
existing state death penalty statutes?
a.
Furman v. Georgia (1972)
c.
Gregg v. Georgia (1976)
b.
Coker v. Georgia (1977)
d.
McClesky v. Kemp (1987)
45. In 2008 the Court upheld the constitutionality of what form of execution?
a.
Electrocution
c.
Gas poisoning
b.
Hanging
d.
Lethal injection
TRUE/FALSE
1. Much scholarly research has demonstrated that the effectiveness of law as a deterrent is
dependent on three primary factors: severity, certainty, and celerity.
2. According to Bentham, punishment based on retribution was productive.
3. Only the judge has the legal authority to send a guilty person to prison or to grant
probation.
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4. The criminal control model of criminal justice believes the death penalty model should be
abolished
5. The federal government and one-third of the states have abolished parole board authority
to release offenders.
6. The executive branch of government becomes involved in punishment by way of pardons
and parole.
7. To proponents of the crime control model the death penalty is not a deterrent.
8. Advocates of the due process model believe that the death penalty is unfairly
administered.
9. American prison populations have been leveling off since 1995.
10. In the bifurcated process used in death penalty cases, during the first phase of the trial the
jury considers only guilt or innocence.
11. The crime control model of criminal punishment believes the death penalty is unfairly
administered.
12. Good time is a mechanism used to reduce overcrowding.
13. In Europe it is rare for a defendant to be sentenced to serve more than five years in
prison.
14. Over time it has become much easier for inmates to challenge the conditions of their
confinement in federal court.
15. Pardons are a common method of prisoner release.
16. Probation is one alternative to incarceration.
17. The increasing use of probation is a direct reflection of the serious problem of prison
overcrowding.
18. Restitution is infrequently ordered in federal court because judges find that most
defendants do not have the ability to pay the victim.
19. Imprisonment has always been the dominant form of punishment.
20. Only about one-third of prisoners serve their full sentences and are then released
unconditionally.
21. For a death penalty law to be constitutional it must provide for a bifurcated trial process.
22. The United States is one of many Western democracies that use capital punishment.
23. Southern states account for the most capital sentences but not the most executions.
24. There are more white offenders on death row than minority offenders.
25. Members of racial minorities are more likely than whites to be executed.
COMPLETION
1. The _____ model of criminal justice believes the death penalty should be abolished
because it is morally wrong for the state to take a life.
2. The idea that fear of punishment will prevent crime is called _____.
3. The term death-_____ refers to crimes that are punishable by death.
4. The goal of _____ is to prevent the commission of future crimes.
5. The President and state governors have the authority to issue _____ to convicted
offenders.
6. A prisoner may advance their date of release in prison by earning _____ time credit.
7. The _____ branch of government defines the range of possible punishment for a given
crime.
8. The idea that offenders deserve punishment lies at the heart of _____.
9. Prisoners have sued under 42 U.S.C. § 1983 (see Chapter 2), in what are often termed
_____ of _____lawsuits.
10. The Prison Litigation _____Act (1996) limits the ability of inmates to file civil rights
actions.
11. _____is a backdoor solution to prison overcrowding.
12. Many lawsuits by inmates involve the _____ Amendment to the U.S. Constitution.
13. Punishments between ordinary probation and jail or prison are termed _____ sanctions.
14. Direct _____ involves an offender making monetary payments to the victim.
15. The _____ branch of government controls the length of the prison term.
16. In _____ v. Georgia, the U.S. Supreme Court upheld guided discretion death penalty
laws.
17. State efforts to make non-homicide cases death eligible have been _____ by the Supreme
Court.
18. A _____ trial process is one in which there is a separate trial for guilt and sentencing.
19. Adults conditionally released to community supervision after serving time in prison are
on _____.
20. To advocates of the _____ Model, the death penalty is not a deterrent, because many of
those who commit murder are incapable of rational thought.
ESSAY
1. Define, discuss, compare, and contrast deterrence, incapacitation, rehabilitation, and
retribution.
2. Summarize the two U.S. Supreme Court rulings that led to the bifurcated process for
death penalty sentence.
3. What are the major differences between the viewpoints of the due process model of
criminal justice and the criminal control model of criminal justice and the death penalty?
4. Explain what a “conditions of confinement” lawsuit is, including who files it, the basis
for the claim, and an example of such a claim.
5. What is a death-qualified jury? What is the Supreme Court’s position on death-qualified
juries? What does the research show with regard to the relationship between death-
qualified juries and the likelihood of conviction and capital sentencing?
6. The major alternatives to imprisonment include probation; fines; restitution; and
intermediate sanctions. Describe each of these alternatives and discuss the cases where
they are generally used.
7. Describe some of the ways that the Supreme Court has narrowed the types of offenses
and offenders that are death-eligible.
8. What are the responsibilities of the three different branches of government (legislative,
judicial, and executive) regarding sentencing?
