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Chapter 15
SENTENCING DECISIONS
TEST BANK
MULTIPLE CHOICE
1. The most important factor in setting normal penalties is the
a.
seriousness of the offense.
c.
persuasiveness of the prosecutor.
b.
prior record of the offender.
d.
skill of the defense attorney.
2. Factors such as young age, lack of mental capacity, and lower social stability may have
an influence on sentencing and are called
a.
mitigating factors.
c.
latent and patent considerations.
b.
positive and negative sanctions.
d.
exacerbating and exculpatory factors.
3. What is stressed in the law on the books perspective on mandatory minimum sentences?
a.
certainty of punishment
c.
certainty of nullification
b.
certainty of discretion
d.
certainty of sentence
4. Disparity refers to inconsistencies in sentencing. What is the principle topic of interest in
disparity?
a.
the decision making process
c.
the defendant’s attributes
b.
the sentencing process
d.
use of sentencing guidelines
5. What does the offender-victim dyad refer to?
a.
age of the defendant and age of the victim
b.
race of the defendant and race of the victim
c.
gender of the defendant and gender of the victim
d.
relationship of the defendant the victim
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6. Inconsistencies resulting from the decision making process are called…
a.
disparities
b.
discrimination
c.
aggravators
d.
mitigators
7. In 2010, the incarceration rate in the United States did what for the first time in 40 years?
a.
decreased.
b.
increased.
c.
remained the same.
d.
included women.
8. What is one of the most important mitigating factors?
a.
perceived social stability of the defendant
b.
perceived employability of the defendant
c.
perceived capability of the defendant
d.
perceived marketability of the defendant
9. What is the main objective of changes in sentencing structure?
a.
increase in judicial discretion
b.
reduction in judicial discretion
c.
reduction in prosecutorial discretion
d.
increase in prosecutorial discretion
10. What sentencing schemes target sentencing decisions by judges?
a.
structured sentencing
c.
indeterminate sentencing
b.
determinate sentencing
d.
voluntary sentencing
11. What is the primary purpose of a PSI?
a.
help juries decide on an appropriate sentence
b.
help courtroom work groups decide on an appropriate sentence
c.
help judges decide on an appropriate sentence
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d.
help probation officers monitor their caseloads
12. Capital punishment research on the offender-victim dyad established that which of the
following cases were more likely to result in the death penalty as compared to other
dyads?
a.
black offenders and white victims
c.
black offenders and black victims
b.
white offenders and white victims
d.
white offenders and black victims
13. What sentencing guidelines require a judge to provide an explanation for any deviation?
a.
presumptive sentencing guidelines
c.
prescriptive sentencing guidelines
b.
indeterminate sentencing guidelines
d.
voluntary sentencing guidelines
14. The Supreme Court ruled what unconstitutional in 2005?
a.
state sentencing guidelines
c.
federal sentencing guidelines
b.
voluntary sentencing guidelines
d.
proscriptive sentencing guidelines
15. Differences in sentencing caused by different laws in different jurisdictions or differences
in judicial attitudes toward sentencing is called sentencing
a.
discrimination.
c.
dexterity.
b.
discreteness.
d.
disparity.
16. Which of the following is one way that discretion can offset mandatory minimum
penalties?
a.
reduction in arrests
b.
prosecutorial discretion
c.
decrease in convictions
d.
all of these answers are correct
17. Which of the following statements is not true of a presentence investigation report?
340
a.
It includes police accounts of the crime.
b.
It includes the defendant’s social history.
c.
It is prepared prior to trial to assist the court in ruling on a lawyer’s motions.
d.
It may include the defendant’s prior convictions.
18. What is the second most important factor in sentencing?
a.
the defendant’s prior record
b.
the seriousness of the offense
c.
the injury to the victim
d.
cost of incarceration
19. Adherents of both the due process and crime control models have called for
a.
more emphasis on rehabilitation
b.
more punishment for drug offenders
c.
reductions in judicial discretion
d.
reductions in the use of mandatory minimums
20. How many states have adopted determinate sentencing laws?
a.
all states
b.
no states
c.
half of states
d.
less than half of states
21. Which of the following types of punishment has figured prominently in studies of racial
discrimination in sentencing?
a.
Parole
c.
probation
b.
capital punishment
d.
fines
22. What member of the court room work group generally conducts a pre-sentence
investigation?
a.
the defense attorney.
c.
the prosecutor.
b.
the probation officer.
d.
the judge.
341
23. What are the most popular mandatory minimum laws?
a.
truth in sentencing laws
c.
no good time laws
b.
limited probation laws
d.
three strikes laws
24. Sentencing is a two-stage process. The first decision whether to grant probation, to
incarcerate, or impose an intermediate sanction. The second decision is what?
a.
where to incarcerate
b.
who should supervise
c.
whether to punish consecutively or concurrently
d.
how long the sentence should be
25. In Mistretta v. U.S. (1989) the U.S. Supreme Court held these to be constitutional and did
not violate separation of powers.
a.
sex offender registration laws
b.
the federal sentencing commission and guidelines
c.
determinate sentences
d.
the abolition of federal parole
26. According to the chapter, who is the most experienced member of the courtroom team?
a.
the judge.
b.
the prosecutor.
c.
the defense attorney.
d.
the stenographer.
27. In Blakely v. Washington (2004) the U.S. Supreme Court invalidated a Washington State
sentencing law on what grounds?
a.
The law allowed prosecutors to use evidence that had not been admitted at trial.
b.
The law allowed judges, rather than juries, to take into account information that
increased a sentence.
c.
The law was not in compliance with federal sentencing guidelines.
d.
The offender’s prior convictions were granted too much weight.
28. In Graham v. Florida, the U.S. Supreme Court found that what sentence was in violation
of the Eighth Amendment prohibition against cruel and unusual punishment?
a.
life without parole of a juvenile in a non-homicide crime
b.
mandatory minimum sentences
c.
three strikes sentences
d.
capital punishment for juveniles
29. In Ewing v. California the U.S. Supreme Court held that what California law did not
violate the Eighth Amendment?
a.
mandatory-minimum sentencing
c.
indeterminate sentencing
b.
parole abolition
d.
three-strikes
30. Which of the following is used to increase the severity of sentences?
a.
mitigating factors
b.
sentencing guidelines
c.
determinate sentencing
d.
mandatory minimum sentencing
31. The chivalry/paternalism hypothesis emphasizes that women are
a.
mature
c.
competent
b.
innocent
d.
childlike
32. Regarding gender-based differences in sentencing outcomes, the evil woman hypothesis
focuses on
a.
traditional sex role expectations.
b.
treating women like children.
c.
treating women the same as men.
d.
traditional female crimes.
33. More studies have been done of racial discrimination at what decision point than any
other in the criminal justice system?
a.
arrest.
b.
sentencing.
c.
booking.
d.
release.
34. Which of the following statements is consistent with some research?
a.
More racially-diverse courtroom work groups appear to reduce sentencing
disparities
b.
Less racially-diverse courtroom work groups appear to reduce sentencing
disparities
c.
More racially-diverse courtroom work groups appear to increase sentencing
disparities
d.
Less racially-diverse courtroom work groups appear to increase sentencing
disparities
35. Collectively, research supports the proposition that which of the following groups are
sentenced more harshly than any other group?
a.
young, poor, African-American and Hispanic males.
b.
middle-aged, poor, African-American and Hispanic males.
c.
young, poor, African-American and Hispanic females.
d.
young, middle-class, African-American and Hispanic males.
36. Executions in what region of the United States clearly show major racial differences?
a.
North.
b.
South.
c.
East.
d.
West.
37. Which of the following courts make greater use of probation and shorter prison terms?
a.
urban courts
c.
rural courts
b.
municipal courts
d.
county courts
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CRITICAL THINKING SCENARIOS
CASE 15.1
During the late 1960s and early 1970s, an unusual political coalition developed between liberals
and conservatives. Both sides found considerable fault in existing sentencing practices. Although
their reasons reflected fundamentally different concerns, liberals and conservatives defined the
problem in similar terms: The criminal laws permitted too much latitude in sentencing, providing
judges with little or no guidance on how to determine the proper sentence for each individual
case.
38. Which of the following is true for both liberals and conservatives regarding changes to
sentencing structures?
a.
they sought greater predictability in sentencing.
b.
they sought harsher sentencing.
c.
they sought more lenient in sentencing.
d.
they sought to take sentencing away from judges and give it to legislators.
39. Adherents of the due process model were concerned about a
a.
lack of fairness in sentencing.
b.
lack of harshness in sentencing.
c.
failure to keep offenders in prison long enough.
d.
failure to release offenders from prison soon enough.
40. Adherents of the crime control model were not concerned with
a.
excessive discretion.
b.
undue leniency.
c.
disparity.
d.
lenient parole boards.
CASE 15.2
345
Since 2000, the U.S. Supreme Court has raised serious doubts about the constitutionality of
many state sentencing guidelines, holding that other than a prior conviction, any fact that
increases the penalty for a crime beyond the statutory maximum must be tried before a jury
(Apprendi v. New Jersey, 2000). Based on this reasoning, in 2004 the Court struck down
sentencing guidelines in the State of Washington, holding that the Sixth Amendment gives juries
(and not judges) the power to make a finding of fact beyond a reasonable doubt (Blakely v.
Washington, 2004). The dissenters argued that the decision will serve only to increase judicial
discretion and lead to less uniformity in sentencing, perhaps leading to increasing racial
discrimination.
41. Some state supreme courts held that Blakely did not apply to their state sentencing
schemes until what case?
a.
Cunningham v. California (2007).
b.
United States v. Booker (2005).
c.
Rita v. United States (2007).
d.
Kimbrough v. United States (2007).
42. What two extra-legal factors that impact the imposition of a sentence above the
maximum range of sentencing guidelines appear to affect both jury and judicial decision-
making in particular?
a.
age and sex.
b.
age and economic status.
c.
economic status and sex.
d.
race and age.
43. Failure to submit a sentencing factor to a jury is subject to what kind of review?
a.
harmless error review.
b.
harmful error review.
c.
strict scrutiny review.
d.
harmless scrutiny review.
CASE 15.3
Executions in the South clearly show major racial differences. Racial imbalances in outcomes do
not necessarily prove discrimination. Interestingly, many studies found that the most obvious
factor—race of the defendant—was not as important as the race of the offender in combination
with the race of the victim. This is the offender-victim dyad.
44. Which offender-victim dyad has research show is most likely to result in execution?
a.
black offender, white victim
c.
white offender, white victim
b.
black offender, black victim
d.
white offender, black victim
45. Which offender-victim dyad has research show is least likely to result in execution?
a.
black offender, white victim
c.
white offender, white victim
b.
black offender, black victim
d.
white offender, black victim
TRUE/FALSE
1. Many judges say that sentencing is the most difficult part of the job.
2. Judges generally follow the sentencing recommendation provided in a probation officer’s
presentence investigation report.
3. Seriousness of offense and prior record of the defendant are the most important factors in
determining normal penalties.
4. When a crime is perceived to be less serious, individual factors such as prior record are
given relatively less weight than when the crime is more serious.
5. The finding that poor, young, minority males are disproportionately represented in prison
populations provides proof of discrimination.
6. Disparities refer to inconsistencies resulting from the decision-making process.
7. Since Cunningham, it is clear that Blakely applies to state sentencing laws.
8. The results of the most recent and methodologically sophisticated studies provide
evidence that the contemporary sentencing process is not racially neutral.
9. Discrimination refers to legitimate influences on the sentencing processes.
10. Because of evidence of racial discrimination, the U.S. Supreme Court struck down
Georgia’s capital punishment statute in McCleskey v. Kemp.
11. Overall, states in the western region of the United States impose the harshest punishments
for crime.
12. In United States v. Booker (2005), the Supreme Court held that the federal sentencing
guidelines are unconstitutional but judges may use them as advisory.
13. Evidence of racial imbalance in prison populations is not evidence of racial
discrimination in the sentencing process.
