Exam 11: Sentencing

The concept of social debt would suggest that an offender with a prior criminal record should receive a more severe punishment than a first-time offender committing the same offense.

The death penalty may not be imposed on an adult offender if he was under the age of 18 at the time the crime was committed.

What effect did the USA PATRIOT Act have on the death penalty in the U.S.?

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

What is the main limitation of the Crime Victims' Rights Act?

Under the indeterminate sentencing model,what is the primary determinant of the amount of time served?

Opportunities for federal appeals by death-row inmates were limited by the ________ Act

Match the characteristic to the type of justice. A)Retributive justice B)Restorative justice -Victims are central to the process of resolving a crime

Match the characteristic to the type of justice. A)Retributive justice B)Restorative justice -The offender and victim are directly involved

Match the characteristic to the type of justice. A)Retributive justice B)Restorative justice -Negotiation and dialogue are emphasized

The "nothing works" doctrine suggested that rehabilitation did not reduce recidivism.

Match the capital punishment argument to its counterclaim. A)The taking of a life demands revenge. B)There are other ways to meet societal goals,such as life imprisonment. C)Capital punishment is a holdover from more primitive times and modern standards of human decency require the use of other alternatives. D)Forgiveness and rehabilitation are higher goals. E)Claims of disproportionality do not consider variations in frequency and seriousness of criminal behavior between and within different groups. F)Justice is beyond price. G)There is no evidence that innocent people have been executed. H)There are multiple safeguards at all levels of processing to protect the innocent and ensure the guilty are put to death. I)Capital punishment is ineffective because it is not imposed with swiftness and certainty. -Protection

Describe the presentence investigation process.Explain who orders the investigation and why,and who conducts the investigation.Identify the different forms that may be used for a presentence report.Answers should be specific and use examples when necessary.

Match the characteristic to the type of justice. A)Retributive justice B)Restorative justice -The offender is defined by the capacity to make reparation

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 -Determinate sentencing

________ involves suspending criminal proceedings and referring the alleged offender to a private agency.

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

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 -Incapacitation

A sentence of "four years in prison" is an indeterminate 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. -Roper v.Simmons