True / False
1. Once good time is earned by inmates, it cannot be revoked even if the inmates break rules or get into fights.
a.
True
b.
False
False
Imposing the Sentence
ESCJ.SIEG.17.09.04 – Explain how sentences are imposed.
Remember
2. The beginning of the Enlightenment Era marked the end of transporting criminals to the United States.
a.
True
b.
False
False
The History of Punishment
ESCJ.SIEG.17.09.01 – Outline the historical development of punishment
Remember
3. The determinate sentence is still the most widely used type of sentence in the United States.
a.
True
b.
False
4. The chivalry hypothesis states that women benefit from sentence disparity because the system is dominated
by men who have a protective attitude toward women.
a.
True
b.
False
True
How People Are Sentenced
ESCJ.SIEG.17.09.05 – Summarize factors associated with sentencing decisions.
Remember
5. Reducing recidivism is a primary goal of a specific deterrence model.
a.
True
b.
False
True
The Goals of Modern Sentencing
ESCJ.SIEG.17.09.02 – Explain the major goals of contemporary sentencing.
Remember
6. A sentencing target of 8–25 years in prison is an example of a determinate sentence.
a.
True
b.
False
7. The death penalty is used in all states and by the federal government.
a.
True
b.
False
False
Remember
8. Death penalty researchers do not all agree that the threat of capital punishment serves as an effective general
deterrent to murder.
a.
True
b.
False
True
Remember
9. A number of states in the United States have placed a moratorium on executions until the issue of potential
for error is adequately addressed.
a.
True
b.
False
True
Remember
10. Whether the crime was committed for monetary gain is one of the factors that affect sentencing.
a.
True
b.
False
True
Remember
11. A defendant’s Sixth Amendment right is diminished if juries are not instrumental in determining the outcome of a
capital case.
a.
True
b.
False
True
Remember
12. In early Greece and Rome, interpersonal violence was viewed as a private matter.
a.
True
b.
False
True
Remember
13. “Just Desert” means that the offender should pay back the victim or their family for the pain that they have caused.
a.
True
b.
False
False
Remember
14. The future of structured sentencing guidelines is unclear because they may violate a defendant’s Sixth Amendment
rights.
a.
True
b.
False
15. The brutalization effect is a hypothesis that states that the longer an offender is incarcerated, the more likely they are
to become violent.
a.
True
b.
False
False
Remember
16. The development of common law in the eleventh century brought some standardization to penal practices.
a.
True
b.
False
True
17. Specific deterrence is the theory that crime rates are influenced and controlled by the threat of criminal punishment.
a.
True
b.
False
False
Remember
18. Indeterminate sentences use sentencing guidelines.
a.
True
b.
False
19. Three-strikes laws are a widely known form of determinate sentencing, providing lengthy prison terms for any person
convicted of three serious offenses.
a.
True
b.
False
20. Truth in sentencing is designed to fight a rising crime rate by requiring offenders to serve a greater portion of their
sentence.
a.
True
b.
False
21. In a concurrent sentence, a prisoner is serving a sentence for two or more criminal acts one after another.
a.
True
b.
False
False
Remember
22. Research supports an association between social class and sentencing, with members of the lower class likely to get a
longer sentence than those more affluent.
a.
True
b.
False
True
Remember
23. Research reveals that it is the victim’s race, rather than the offender’s, that structures sentencing outcomes: minority
defendants are sanctioned more severely if their victim is white than if their victim is a fellow minority group member.
a.
True
b.
False
True
Remember
24. Most industrialized countries in the world have abolished the death penalty.
a.
True
b.
False
True
Remember
25. According to the Innocence Project, more than 325 DNA (deoxyribonucleic acid) exonerees have been released from
death row after being convicted of crimes they did not commit.
a.
True
b.
False
True
Remember
26. What was the most common state-administered punishment in fifth century Roman civilization?
a.
Mutilation
b.
Burning at the stake
c.
Banishment (exile)
d.
Flogging
c
Remember
27. What term was adopted in the twelfth century to refer to a breach of faith with one’s feudal lord?
a.
Lex talionis
b.
Felonia
c.
Wergild
d.
Mala prohibitum
Remember
28. What was the principle factor that shaped the punishment of criminals in the sixteenth century?
a.
The spread of the black plague and the social hysteria that came with it.
b.
The shift from a stable to a wandering nomadic way of life.
c.
Sharp increases in the crime rate.
d.
The changing labor markets that stemmed from urbanization and colonization.
29. Poor laws were developed in England at the end of the ____ century.
a.
ninth
b.
eleventh
c.
fourteenth
d.
sixteenth
30. What was the final fate of convicts transported to North America or Australia once their period of service
was completed in the colonies?
a.
They were executed.
b.
They were granted pardons to gain their freedom.
c.
They were returned to Europe to complete a term of imprisonment.
d.
They were never released from servitude.
31. What event ended the transportation of felons to North America?
a.
The American Revolution
b.
The philosophical writings of the Enlightenment
c.
Publication of The Fatal Shore
d.
Passage of the Humanitarian Act in Parliament
32. Punishing an offender severely to serve as an example to others achieves the goal of:
a.
general deterrence.
b.
rehabilitation.
c.
specific deterrence.
d.
incapacitation.
33. Sentencing for the purpose of general deterrence has most to do with:
a.
changing the offender’s future behavior through fear.
b.
modifying the social environment from which the offender came.
c.
changing the perception of the general public.
d.
determining the proportionality of the sentence.
34. What is the core goal of using mandatory life sentences so criminals cannot hurt other citizens?
a.
Restitution
b.
Incapacitation
c.
Retribution
d.
General deterrence
35. Which goal of sentencing attempts to convince the criminal through punishment that future crime would not
be in their own best interests?
a.
General deterrence
b.
Retribution
c.
Specific deterrence
d.
Incapacitation
36. What is another term that retribution advocates use to describe the concept of blameworthiness?
a.
Recidivism
b.
Just deserts
c.
Specific deterrence
d.
Severity
37. Which punishment philosophy holds that criminal sentences should be proportional to the seriousness of the
criminal act?
a.
Just desert
b.
General deterrence
c.
Incapacitation
d.
Restitution
38. Approximately _____ of the states have three-strikes laws but nearly ____ of them require the third felony
be a serious one.
a.
one-fourth; half
b.
half; all
c.
three-fourth; none
d.
90 percent; all
39. A fixed term of incarceration is called a(n):
a.
indeterminate sentence.
b.
determinate sentence.
c.
mandatory minimum.
d.
fixed term.
40. Who determines the actual length of incarceration in an indeterminate sentence?
a.
Judge
b.
Prosecutor and the defense attorney
c.
State legislature
d.
Correctional agency and the judge
41. “Let the sentence fit the criminal” best describes the basic philosophy of:
a.
determinate sentencing.
b.
mandatory minimums.
c.
fixed terms.
d.
indeterminate sentencing.
42. Who has final say in the duration of the offender’s prison stay in a determinate sentence?
a.
Prosecutor
b.
Parole board
c.
Judge
d.
Correctional authority
43. In the case of Blakely v. Washington, the court found that Washington state’s sentencing guidelines were in
violation of the ____ Amendment.
a.
Fourth
b.
Fifth
c.
Sixth
d.
Eighth
44. Which of the following is not one of the goals of sentencing guidelines?
a.
To prioritize and allocate correctional resources
b.
To reduce prison crowding
c.
To increase judicial discretion
d.
To establish truth-in-sentencing
45. To qualify for federal funds under truth-in-sentencing laws, states must require persons convicted of a
violent felony crime to serve not less than ____ percent of the prison sentence.
a.
25
b.
45
c.
65
d.
85
46. Which statement is false?
a.
Research shows a strong correlation between legal variables and the type and length of sentence
received.
b.
There is a clear and concise relationship between social class and sentencing.
c.
Judges may perceive women as better risks than men, thus creating gender bias in sentencing.
d.
Victim characteristics may influence sentencing.
47. Which of the following factors is not a legitimate consideration in setting the length of a prison term?
a.
The severity of the offense
b.
Whether the offender used a weapon
c.
Whether the crime was committed for money
d.
The offender’s age
48. Approximately how many known executions have been carried out in the United States under civil authority
since 1608?
a.
8,000
b.
10,000
c.
15,000
d.
20,000
49. Which of the following is true?
a.
One hundred and thirty nine countries have abolished the death penalty in law or practice or for
certain crimes.
b.
There are 58 retentionist countries.
c.
Today, about 40 percent of inmates on death row are African–American.
d.
All of these statements are true.
50. Which of the following is not an argument for the death penalty?
a.
Use of discretion
b.
Incapacitation
c.
Deterrence
d.
Proportional to the crime
51. Which 1972 Supreme Court decision ruled that the death penalty at that time violated the Eighth
Amendment’s protection against cruel and unusual punishment?
a.
McKlesky v. Kemp
b.
Gregg v. Georgia
c.
Stanford v. Kentucky
d.
Furman v. Georgia
52. The average time it takes to carry out an execution is 12 years because of:
a.
numerous appeals.
b.
time between conviction and jury decision.
c.
sentencing by the judge.
d.
prison administration delays.
53. In Roper v. Simmons (2005) the court:
a.
set a limit of 18 years as the age of defendants who could be sentenced to death.
b.
ruled that execution of the mentally retarded is prohibited by the Eighth Amendment.
c.
ruled that only those who commit felony murder may be executed.
d.
ruled that rapists may not be punished with death.
Capital Punishment
ESCJ.SIEG.17.09.07 – Articulate the legal issues associated with capital punishment.
54. In cases where the offender is convicted of two or more charges, and the judge’s sentences begin on the
same day and are completed when the longest term is served it is called a _____________ sentence.
a.
consecutive
b.
determinate
c.
concurrent
d.
mandatory maximum
Gregory was born in 1573, toward the end of the sixteenth century, to a poor family. They stole money and food to
survive. As one of the criminal poor, if he was ever caught he would not be subjected to the same punishments as the rich.
Throughout the generations, Gregory’s kin (children and grandchildren) continue the tradition of stealing.
55. What was the most likely punishment during that time if Gregory was caught stealing?
a.
Exile and banishment
b.
Torture and corporal punishment
c.
Capital punishment (death)
d.
Hard labor
The History of Punishment
ESCJ.SIEG.17.09.01 – Outline the historical development of punishment
56. The year is 1725 and Gregory’s grandson has just been convicted of robbery. Once his grandson serves his sentence,
what will happen to him?
a.
He will be free again.
b.
He will be tortured to death.
c.
He will be transported for hard labor.
d.
He will be hung in the gallows.
The History of Punishment
ESCJ.SIEG.17.09.01 – Outline the historical development of punishment