Question 1

Define and discuss the differences between retributive and restorative justice.Which area of justice do you feel serves the public best? Why? Give examples to support your answer.

Accepted Answer

Retribution the act of taking revenge on a criminal perpetrator.Restoration is a goal of criminal sentencing that attempts to make the victim whole again.
Crime is an act against the state,a violation of a law,an abstract idea.
Crime is an act against another person or the community.
The criminal justice system controls crime.
Crime control lies primarily with the community.
Offender accountability is defined as taking punishment.
Offender accountability is defined as assuming responsibility and taking action to repair harm.
Crime is an individual act with individual responsibility.
Crime has both individual and social dimensions of responsibility.
Victims are peripheral to the process of resolving a crime.
Victims are central to the process of resolving a crime.
The offender is defined by deficits.
The offender is defined by the capacity to make reparation.
The emphasis is on adversarial relationships.
The emphasis is on dialogue and negotiation.
Pain is imposed to punish,deter,and prevent.
Restitution is a means of restoring both parties; the goal is reconciliation.
The community is on the sidelines,represented abstractly by the state.
The community is the facilitator in the restorative process.
The response is focused on the offender's past behavior.
The response is focused on harmful consequences of the offender's behavior; the emphasis is on the future and on reparation.
There is dependence on proxy professionals.
Both the offender and the victim are directly involved.

Question 2

Match the term in the numbered column with the answer in the lettered column.Match the fundamental sentencing principal or model definition with its corresponding title in the first column .
-Structured Sentencing

Accepted Answer

A)  A model of criminal punishment that includes determinate and commission created presumptive sentencing schemes.
B)  A sentencing principle that holds that an offender's criminal history should objectively be taken into account in sentencing decisions.
C)  A model of criminal punishment in which an offender is given a fixed term of imprisonment that may be reduced by good time.
D)  A sentencing principle that holds that the severity of the sanctions should bear a direct relationship to the seriousness of the crime. A

Question 3

Provide detailed and comprehensive information to support your answer.  Use examples where applicable to support your answers.
-Discuss the history of victims' rights and the related attempts to encourage victims to participate in the sentencing portion of the criminal case.What role does the victim play in criminal justice proceedings today? Discuss the differences in the state system as opposed to the federal system when it comes to victims' rights.

Accepted Answer

Thanks to a grassroots resurgence of concern for the plight of victims that began in this country in the early 1970s,the sentencing process now frequently includes consideration of the needs of victims and their survivors.62 In times past,although victims might testify at trial,the criminal justice system frequently downplayed a victim's experience,including the psychological trauma engendered both by having been a victim and by having to endure the criminal proceedings that bring the criminal to justice.That changed in 1982,when the President's Task Force on Victims of Crime gave focus to a burgeoning victims' rights movement and urged the widespread expansion of victims' assistance programs during what was then their formative period.In 2004,the U.S.Senate passed the Crime Victims' Rights Act 73 as part of the Justice for All Act.Some saw the legislation as at least a partial statutory alternative to a constitutional victims' rights amendment.The Crime Victims' Rights Act establishes
statutory rights for victims of federal crimes and gives them the necessary legal authority to assert those rights in federal court.The act grants the 8 specific rights to victims of federal crimes.

Question 4

Plea bargaining plays a major role in the state court system,but not in the federal system.

Accepted Answer

A) True 
 B)False

Question 5

Provide detailed and comprehensive information to support your answer.  Use examples where applicable to support your answers.
-Describe the presentence investigation process.Who conducts the investigation and why is it done? Who orders the investigation and what is done with the completed report.Be specific in your answer using examples when necessary.

Accepted Answer

The answer of Provide detailed and comprehensive information to support...

Question 6

_______________ is the referral of an alleged offender,before the entering of a judgment by a court,to a treatment or care program.

Accepted Answer

The answer of _______________ is the referral of an alleged...

Question 7

Answer each part of the following questions with succinct and comprehensive information by citing examples of various models, laws, and justice theories in your answer.
-Discuss the pros and cons of capital punishment.What are your thoughts on implementation of the death penalty are you for or against it and why? Discuss the role of the Writ of Habeas Corpus.Be sure to list several of the justifications and oppositions to the death penalty.

Accepted Answer

The answer of Answer each part of the following questions...

Question 8

A sentence of 8 to 25 years is an example of a (n):

Accepted Answer

A)   indefinite sentence.
B)   unlimited sentence.
C)   indeterminate sentence.
D)   determinate sentence.

Question 9

Separating offenders from the community furthers which sentencing goal?

Accepted Answer

A)   incapacitation
B)   deterrence
C)   retribution
D)   rehabilitation

Question 10

The examination of a convicted offender's background prior to sentencing that is generally conducted by probation or parole officials is called the:

Accepted Answer

A)   Presentence Investigation
B)   Victim's rights Investigation
C)   Presumptive sentencing Investigation
D)   General Deterrence Investigation

Question 11

What is the primary sentencing tool of the just deserts model?

Accepted Answer

A)   fine
B)   imprisonment
C)   restitution
D)   probation

Question 12

The Restoration principle is a goal of sentencing that seeks to make the victim "whole again".

Accepted Answer

A) True 
 B)False

Question 13

Fines are one of the oldest and a widely used type of criminal sanction.

Accepted Answer

A) True 
 B)False

Question 14

The use of court-ordered community service,home detention,day reporting,drug treatment, psychological counseling,victim-offender programming,or intensive supervision in lieu of other more traditional sanctions,such as imprisonment and fines.

Accepted Answer

A)   alternative sentencing
B)   capital punishment
C)   truth in sentencing
D)   gain time

Question 15

Provide detailed and comprehensive information to support your answer.  Use examples where applicable to support your answers.
-List and describe at least three typical aggravating and mitigating circumstances that judges may consider in arriving at sentencing decisions in presumptive sentencing jurisdictions.Discuss the pros and cons for each circumstance.

Accepted Answer

The answer of Provide detailed and comprehensive information to support...

Question 16

Victim Impact statements generally have a profound impact on the sentence that a defendant receives.

Accepted Answer

A) True 
 B)False

Question 17

________ sentencing is a model of criminal punishment that includes determinate and commission created presumptive sentencing schemes,as well as voluntary/advisory sentencing guidelines.

Accepted Answer

The answer of ________ sentencing is a model of criminal...

Question 18

Which one of the following is not a main rationale in opposing the death penalty?

Accepted Answer

A)   The death penalty is too expensive to justify its use.
B)   The death penalty is not an effective deterrent.
C)   The death penalty causes too many appeals and clogs the court system.
D)   The death penalty is arbitrary.

Question 19

The opposite of mitigating circumstances in sentencing is:

Accepted Answer

A)   justifying circumstances.
B)   aggravating circumstances.
C)   extenuating circumstances.
D)   negligent circumstances.

Question 20

________ circumstances are circumstances relating to the commission of a crime that may be considered to reduce the blameworthiness of the defendant.

Accepted Answer

The answer of ________ circumstances are circumstances relating to the...

Exam 11: Sentencing

Define and discuss the differences between retributive and restorative justice.Which area of justice do you feel serves the public best? Why? Give examples to support your answer.

Match the term in the numbered column with the answer in the lettered column.Match the fundamental sentencing principal or model definition with its corresponding title in the first column . -Structured Sentencing

Plea bargaining plays a major role in the state court system,but not in the federal system.

_______________ is the referral of an alleged offender,before the entering of a judgment by a court,to a treatment or care program.

A sentence of 8 to 25 years is an example of a (n) :

Separating offenders from the community furthers which sentencing goal?

The examination of a convicted offender's background prior to sentencing that is generally conducted by probation or parole officials is called the:

What is the primary sentencing tool of the just deserts model?

The Restoration principle is a goal of sentencing that seeks to make the victim "whole again".

Fines are one of the oldest and a widely used type of criminal sanction.

The use of court-ordered community service,home detention,day reporting,drug treatment, psychological counseling,victim-offender programming,or intensive supervision in lieu of other more traditional sanctions,such as imprisonment and fines.

Victim Impact statements generally have a profound impact on the sentence that a defendant receives.

________ sentencing is a model of criminal punishment that includes determinate and commission created presumptive sentencing schemes,as well as voluntary/advisory sentencing guidelines.

Which one of the following is not a main rationale in opposing the death penalty?

The opposite of mitigating circumstances in sentencing is:

________ circumstances are circumstances relating to the commission of a crime that may be considered to reduce the blameworthiness of the defendant.