Exam 3: Punishment and Sentencing

The death penalty has been a controversial punishment regarding proportionality and whether or not the punishment is cruel and unusual. What are the criticisms regarding the death penalty? What are the reactions to criticisms of the death penalty? Refer to Furham v. Georgia and Gregg v. Georgia.

Donnie is drinking coffee on his morning commute to work. Traffic is badly backed up and is stop and go for miles. While taking a sip from his travel mug he briefly takes his eyes off the road. Simultaneously, traffic slows to a dead stop and unaware of the sudden back up, he rear ends the car in front of him. If there is damage done to the car he hit and the driver wishes to be compensated, how will the matter be handled?

What are Son of Sam laws?

What are the flaws of mandatory minimums?

What is the difference between clemency and a pardon?

Demitri served time in a federal prison. He was sentenced to 124 months of incarceration followed by 24 months of probation. He served roughly 48 months in prison followed by the full 24 months of probation. During his term of imprisonment, what type of sentencing scheme was likely in place?

The practice of "fact finding" by judges during trials violates the ______.

Short-term "shock" incarceration is an example of ______.

It is cruel and unusual punishment to impose criminal penalties based on status.

In the last decade, the United States has experienced a shift from determinate sentencing to indeterminate sentencing.

The rationale used for victim impact statements in Payne v. Tennessee was ______.

What is the difference between consecutive sentences and concurrent sentences?

Truth in sentencing ensures that offenders serve a significant portion of their sentence.

Discuss Megan's Law and the Smith v. Doe case. What are some of the implications of Megan's Law? How did it affect the defendant in Smith v. Doe?

What is the primary constitutional check of the Eighth Amendment?

______ results in the reduction of an individual's sentence or in a commutation of a death sentence to life.

List and discuss the purposes of punishment. What do you believe should be the purpose of punishment? Do you agree with the present purpose of punishment? Why or why not?

A defendant is sentenced to two 5-year prison terms and serves 5 years; he has served his time ______.

Negotiated agreements between the defense and prosecuting attorneys are known as ______.

What is truth in sentencing? Are there any problems with this policy? Explain.