Exam 11: Sentencing

The use of fines is increasing in response to prison overcrowding problems

In which case did the Supreme Court approve the separation of the determination of guilt from the determination of the sentence?

List and define two abolitionist and two retentionist arguments regarding capital punishment.For each,explain the counterclaim to the argument.

Match the sentencing goal to its definition. A)Attempts to prevent potential offenders from becoming involved in crime by making an example of the offender being sentenced. B)Separates offenders from the community to reduce opportunities for future criminality C)A just deserts perspective that emphasizes taking revenge and holds offenders responsible for their crimes D)Attempts to make the victim and community "whole again" by addressing the damage crime causes E)Uses punishment to prevent a particular offender from engaging in repeat criminality F)Attempts to reform convicted offenders and reduce the likelihood of future criminality -Retribution

The principle of ________ suggests that two offenders who commit the same crime in different states should receive about the same sentence.

The ________ argument in favor of capital punishment focuses on the belief that some people deserve to die for what they have done.

Match the capital punishment argument to its focus. A)Retentionist B)Abolitionist -Lack of proven deterrence

Explain the concept of restorative justice and describe its focus,purpose,and goals.List and explain at least four differences between retributive and restorative justice.

Compare and contrast determinate and indeterminate sentencing structures.Discuss the rationale for each and the critiques or problems with each.Explain which sentencing scheme you prefer and why.Provide support for your views,including examples as needed.

Match the capital punishment argument to its focus. A)Retentionist B)Abolitionist -Infliction on the innocent

Match the capital punishment argument to its focus. A)Retentionist B)Abolitionist -Protection

The U.S.Supreme Court has ruled that ________ must decide the facts that lead to a death sentence.

Match the Supreme Court case on the death penalty to its ruling. A)The execution of mentally retarded individuals is unconstitutional. B)Imposing the death penalty for the rape of a child where the crime did not result in and was not intended to result in the victim's death is unconstitutional. C)Statutes that allowed for an arbitrary and capricious application of the death penalty were invalidated. D)Abolished the imposition of the death penalty on an offender who was under the age of 18 at the time the crime was committed. E)Struck down statutes imposing the death penalty for the rape of an adult woman. F)An IQ score of 70 or greater is not sufficient to bar an inmate from claiming mental disability in the face of execution. G)Upheld a bifurcated trial procedure in capital cases. H)Decisions on facts such as aggravating circumstances that may lead to a death sentence must be made by juries,not judges. I)Statutes requiring a mandatory sentence of death for first degree murder are unconstitutional. -Furman v.Georgia

________ is deducted from the amount of time an offender must serve in prison on a given sentence because the offender participated in a special project or program.

Match the type of sentencing to its definition. A)Sentencing models that provide greater control over sentencing systems B)A sentencing model that encourages rehabilitation through the use of general and relatively unspecific sentences C)A sentencing model that allows no leeway in the nature of the sentence required for a specific offense D)A sentencing model that includes a range of sentences for each charge and provides a mechanism for review of departure from the guidelines E)A sentencing model in which the offender is given a fixed term of imprisonment that may be reduced by good time or gain time -Mandatory sentencing

________ requires that a prisoner be brought before a judicial officer to determine if he or she is being lawfully imprisoned.

Which sentencing model tends to involve the greatest amount of judicial discretion?

Match the Supreme Court case on the death penalty to its ruling. A)The execution of mentally retarded individuals is unconstitutional. B)Imposing the death penalty for the rape of a child where the crime did not result in and was not intended to result in the victim's death is unconstitutional. C)Statutes that allowed for an arbitrary and capricious application of the death penalty were invalidated. D)Abolished the imposition of the death penalty on an offender who was under the age of 18 at the time the crime was committed. E)Struck down statutes imposing the death penalty for the rape of an adult woman. F)An IQ score of 70 or greater is not sufficient to bar an inmate from claiming mental disability in the face of execution. G)Upheld a bifurcated trial procedure in capital cases. H)Decisions on facts such as aggravating circumstances that may lead to a death sentence must be made by juries,not judges. I)Statutes requiring a mandatory sentence of death for first degree murder are unconstitutional. -Hall v.Florida

In federal criminal courts,judges are required to consider presentence reports.

Federal sentencing guidelines