Unlock document.
This document is partially blurred.
Unlock all pages and 1 million more documents.
Get Access
348
14. Researchers find that urban courts make greater use of probation and shorter prison terms
than their rural counterparts.
15. A law on the books approach to mandatory minimum sentences stresses nullification by
discretion, whereas a law in action approach stresses certainty of punishment.
16. The race of the offender and victim is less important in sentencing the race of the
offender alone.
17. Legislatively altered sentencing structures have had a minimal effect on prison
populations across the United States.
18. The trend since the 1970s has been to reduce judicial discretion in sentencing.
19. One of the major factors involved in sentencing disparities is the geography of justice.
20. A sentencing guidelines grid allows for upward and downward departures from the
guidelines.
21. Federal sentencing guidelines are now mandatory rather than advisory.
22. Changes in sentencing structure since the 1960s have resulted in a major increase in the
number of persons in prison in the United States.
23. The use of discretion by criminal justice system actors can sometimes nullify or
compensate for severe punishment laws.
24. The Supreme Court has held that judges and not juries have the authority to determine
important facts (other than prior record) that determine sentencing.
25. Mandatory minimum sentencing laws are one method legislatures use to decrease the
severity of sentencing.
COMPLETION
1. Judges sometimes consider _____ investigation reports when deciding on a sentence.
2. An example of a(n) _____ factor in sentencing may be use of a weapon and personal
injury to the victim.
3. A law on the books approach to mandatory minimum sentences stresses _____ of
punishment.
4. Juries and not judges have the _____ to decide on important facts (other than prior
record) that determine sentencing.
5. The concepts of _____ and discrimination highlight unwarranted variations in sentencing
but point to different types of factors.
6. _____ circumstances may lead to a higher penalty.
7. Structured sentencing schemes target sentencing decisions by _____.
8. Sentencing _____ refers to inconsistencies in sentencing resulting from the decision-
making process.
9. Research suggests that the death penalty is most likely to be inflicted in cases involving a
black offender and a _____ victim.
10. True _____ sentencing schemes control release decisions, usually by abolishing parole
boards in addition to other measures.
351
11. A(n) _____ prison sentence is one in which the judge imposes a minimum and a
maximum term of incarceration.
12. The offender–victim _____ refers to the race of the defendant and the race of the victim.
13. The ideal of _____ justice under the law means that all persons convicted of the same
offense should receive identical sentences.
14. The federal government and many states use sentencing _____ to limit judicial discretion
in sentencing.
15. Sentencing guidelines direct the _____ to specific actions that should be taken.
16. Sentencing guidelines take into account the seriousness of the offense and the _____ of
the defendant.
17. In U.S. v. Booker (2005) the U.S. Supreme Court held that the federal sentencing
guidelines were unconstitutional, but allowed judges to continue to use them in a(n)
_____ capacity.
18. Judges most often sentence within the _____ penalty structure.
19. _____ sentencing laws require that offenders convicted of certain offenses must be
sentenced to a prison term of not less than a specified period of years, and non-prison
sentences (such as probation) are expressly precluded.
20. Statewide sentencing guidelines are mentioned most frequently as the procedures for
ensuring _____ and appropriate severity in sentencing.
ESSAY
1. Define, discuss, compare, and contrast sentencing disparity and sentencing
discrimination.
2. How has the U.S. Supreme Court limited sentencing guidelines?
3. What are mandatory-minimum sentences? Why does the public like such sentences?
How are mandatory-sentencing laws nullified by discretion? Provide an example of
nullification in your answer.
4. What are normal crimes? What are the two most important factors in determining normal
penalties?
354
5. What are the most recent changes by the U.S. Supreme Court regarding federal
sentencing guidelines?
6. What is the victim-offender dyad? Why is the victim-offender dyad important in research
of capital punishment? What other factors are important to research of capital
punishment?
7. Describe the two major factors related to disparity and sentencing. Why are these factors
important?
8. What were the main objectives of changes in sentencing structures beginning in the
1960s? What were the major consequences of these changes?
