Quiz 11: Sentencing

The just deserts model of sentencing emphasizes A)the use of fines. B)retribution. C)restitution. D)placing offenders on probation.

Which goal of sentencing focuses on separating offenders from society to reduce opportunities for further criminality? A)Incapacitation B)Deterrence C)Retribution D)Rehabilitation

Which of the following is not one of the main goals of contemporary sentencing? A)Incapacitation B)Restitution C)Deterrence D)Rehabilitation

General deterrence attempts to A)prevent individual offenders from engaging in future criminal acts. B)make the victim whole again. C)discourage potential offenders from committing crimes. D)separate offenders from the community to reduce opportunities for future criminality.

Which of the following is a characteristic of restorative justice? A)Crime is seen as an act against the state and a violation of the law. B)Crime control is the responsibility of the criminal justice system. C)Victims tend to be peripheral in the process of resolving a crime. D)Crime has individual and social dimensions of responsibility.

Which sentencing model tends to involve the greatest amount of judicial discretion? A)Presumptive sentencing B)Determinate sentencing C)Indeterminate sentencing D)Structured sentencing

A sentence of 8 to 15 years in prison is an example of ________ sentencing. A)consecutive B)concurrent C)indeterminate D)structured

Under the indeterminate sentencing model,what is the primary determinant of the amount of time served? A)The leniency of the judge B)The inmate's behavior while incarcerated C)Pressure from politicians D)The leniency of the parole board

Proportionality means that A)caseloads must be distributed equally among the available judges. B)there should be a direct relationship between the severity of the sanction and the seriousness of the crime. C)the offender's criminal history should be objectively considered at sentencing. D)similar crimes are punished with similar sentences.

________ is a sentencing principle that holds that an offender's criminal history should be taken into account in sentencing decisions. A)Equity B)Proportionality C)Social debt D)Good time

Which of the following is a form of structured sentencing? A)Indeterminate sentencing B)Contemporary sentencing C)Quasi-independent sentencing D)Determinate sentencing

Which of the following is a mitigating circumstance? A)The offender induced others to participate in the crime. B)The crime was committed for hire. C)The offender acted under strong provocation. D)The offender possessed a deadly weapon during the crime.

Federal sentencing guidelines A)provide a range of punishments for a specific crime. B)eliminate judicial discretion completely. C)tend to be uniform across states. D)do not permit departures from the guidelines.

In the case of ________ the U.S.Supreme Court cases ruled that requiring sentencing judges to consider facts that have not been proven to a jury violates the Constitution. A)Apprendi v.New Jersey B)U.S.v.Booker C)Melendez v.U.S. D)Blakely v.Washington

________ is a type of sentencing plan that allows no leeway in the imposition of a sentence for a person convicted of a crime. A)Mandatory sentencing B)Indeterminate sentencing C)Presumptive sentencing D)Truth in sentencing

________ involves suspending criminal proceedings and referring the alleged offender to a private agency. A)Diversion B)Presentence investigation C)Deterrence D)Three-strikes

What appears to be the most dramatic result of the recent emphasis on the use of mandatory sentencing and other get-tough policies? A)Crime rates have fallen dramatically. B)The average length of prison terms has decreased. C)The use of incarceration as a sentencing option has increased significantly. D)Offender rehabilitation programs have become increasingly successful.

What is the main priority of justice reinvestment? A)Prioritizing the use of alternatives to incarceration for nonviolent offenders B)Increasing the use of fines as a punishment to create a sustained revenue stream for the criminal justice system C)Developing an investment portfolio to eventually allow the criminal justice system to be self-supporting D)Expanding the use of mandatory sentencing policies

If a judge requests information on a convicted defendant's background,the probation or parole office will conduct a ________ investigation. A)probation B)presentence C)presumptive sentencing D)general deterrence

What is the main limitation of the Crime Victims' Rights Act? A)It only provides rights to victims of federal crimes. B)It does not require courts to ensure that victims are afforded their rights. C)It does not give victims the legal authority necessary to assert their rights in court. D)The Act does not have any limitations.

Research into victim-impact statements has found that A)they have a significant impact on judicial sentencing decision-making. B)juries are not required to consider victim-impact statements. C)sentencing decisions are rarely affected by them. D)oral impact statements have more impact than written documents.

Which one of the following is not a traditional sentencing option? A)Fines B)Probation C)Death D)Parole

Which of the following is an advantage of the imposition of fines as a criminal sanction? A)Fines are expensive to administer. B)Fines can reduce the stress placed on state resources by the use of incarceration. C)Fines can reduce recidivism through incapacitation. D)Fines contribute to prison overcrowding.

The day-fine system solves which objection to the use of fines? A)The collection of fines is expensive and creates administrative difficulties for the criminal justice system. B)Fines are unfair because more affluent offenders can buy their way out of prison while indigent offenders are unable to pay fines. C)Not only do fines not appear to reduce recidivism,they have been linked to increased involvement in future crime. D)It is difficult to ensure proportionality when imposing fines.

Under federal jurisdiction,about how many crimes are punishable by death? A)100 B)60 C)30 D)20

What effect did the USA PATRIOT Act have on the death penalty in the U.S.? A)The death penalty was abolished for federal crimes. B)The requirement of a mandatory appeal in cases involving a capital sentence was eliminated. C)The method of imposing death was standardized throughout the U.S. D)The list of federal crimes punishable by death was expanded significantly.

The majority of death-penalty states use which method of execution? A)Firing squad B)Hanging C)Electrocution D)Lethal injection

________ requires that a prisoner be brought before a judicial officer to determine if he or she is being lawfully imprisoned. A)Restorative justice B)Diversion C)A victim impact statement D)A writ of habeas corpus

Opportunities for federal appeals by death-row inmates were limited by the ________ Act A)Victim and Witness Protection B)Victims of Crime C)Violent Crime Control and Law Enforcement D)Antiterrorism and Effective Death Penalty

Which of the following arguments regarding the death penalty is a retentionist rationale? A)Just deserts B)Lack of proven deterrence C)Arbitrariness D)Discrimination

The Innocence Protection Act of 2004 provides federal funds to help eliminate A)the misinterpretation of forensic evidence at trial. B)witness misidentification. C)the backlog of unanalyzed DNA samples. D)withholding of evidence by prosecutors.

The protectionist argument justifying capital punishment is fairly weak because the underlying social interest can also be met by which other sentencing option? A)Severe fines B)Incarceration C)Probation D)The use of alternative sanctions

The Supreme Court's decision in the case of Furman v.Georgia was a statement against A)the use of capital punishment by the criminal justice system. B)giving a jury the authority to impose a capital sentence. C)the manner in which statutes permitted the death penalty to be imposed. D)the disproportionality of the death penalty for crimes other than first degree murder.

In which case did the Supreme Court approve the separation of the determination of guilt from the determination of the sentence? A)Furman v.Georgia B)Woodson v.North Carolina C)Wilkerson v.Utah D)Gregg v.Georgia

The U.S.Supreme Court has ruled that ________ must decide the facts that lead to a death sentence. A)juries B)high courts C)appellate courts D)judges

Based on the Supreme Court's ruling in Woodson v.North Carolina,when is a mandatory death sentence for first degree murder constitutional? A)When there are aggravating circumstances that make the crime even more serious B)When the victim was a police officer who was killed during the performance of his or her duty C)When the murder was committed by a prison inmate already serving a life sentence without the possibility of parole D)Never-mandatory application of the death penalty is unconstitutional.

Incapacitation corresponds to the just deserts model of sentencing.

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

Victim restitution is a key element of the restorative justice model.

A sentence of "four years in prison" is an indeterminate sentence.

The severity of an inmate's crime is the primary determinate of the actual amount of time served under an indeterminate sentence.

The indeterminate sentencing model can result in judicial discrimination based on the offender's race or social class.

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 use of torture during a crime is an example of a mitigating circumstance.

Judges are not permitted to depart from the federal sentencing guidelines.

Plea bargaining is permitted under the federal sentencing guidelines.

According to the Supreme Court,imposing a sentence of life imprisonment for a non-violent felony is a violation of the Eighth Amendment protection against cruel and unusual punishment,even if the defendant has a history of serious or violent convictions.

Mandatory sentencing laws appear to reduce the use of plea bargaining and increase the number of cases that are brought to trial.

Although crime rates in the U.S.began to decline in the mid-1990s,incarceration rates continued to increase into the 2000s.

Stigmatic shaming is commonly used in restorative justice programs.

Justice reinvestment emphasizes the use of alternative sanctions,rather than incarceration,for nonviolent offenders.

Presentence investigations are conducted by the court.

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

The majority of states have passed victims' rights amendments to their state constitutions.

The Crime Victims' Rights Act only establishes statutory rights for victims of federal crimes.

Research suggests that victim-impact statements have a significant effect on judicial sentencing decisions.

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

The day-fine system takes the offender's financial resources into account.

The automatic review of death sentences by appellate courts helps to reduce the delay in carrying out sentences of execution.

DNA evidence is increasingly being used to identify wrongful convictions.

Death penalty retentionists argue that the death penalty fails to be an effective deterrent only because of the delays produced by repeated appeals.

Because of the increasing number of death penalty cases involving wrongful convictions,the Supreme Court has ruled that convicted offenders have a fundamental right to access DNA-testable evidence.

According to the Supreme Court,a simple showing of racial discrepancies in the application of the death penalty constitutes a constitutional violation.

The death penalty retentionist claim of protection is weak because other sentences could achieve the same goal.

The case of Coker v.Georgia approved a bifurcated trial procedure in capital cases.

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.

Support for the use of the death penalty in the U.S.has declined overall since the mid-1990s.

The sentencing goal of ________ involves punishment based on the need for revenge.

________ is a sentencing goal that focuses on preventing the offender from committing crimes by reducing his or her opportunities for crime.

The ________ model defines crime as an act against the state and a violation of the law.

________ 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.

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

________ may be used by the defense to show reduced criminal responsibility and suggest a lesser sentence is called for.

________ laws require a close correspondence between the sentence imposed by the judge and the time the offender actually serves in prison.

________ laws get tough on crime by mandating enhanced sentences for repeat felony offenders.

________ involves officially suspending criminal proceedings against an alleged offender and referring him or her to a treatment program.

________ is a sentencing innovation that uses public embarrassment to attempt to change an offender's behavior.

A(n)________ is the examination of a convicted offender's background prior to sentencing.

The ________ Act establishes statutory rights for victims of federal crimes and is seen as a partial statutory alternative to a constitutional victims' rights amendment.

A(n)________ includes information supplied by victims or survivors and is provided in court to help the judge make an informed sentencing decision.

The use of ________ as a form of criminal sanction suffers from built-in inequities.

The most common means of execution used in death penalty states is ________.

The ________ argument against capital punishment emphasizes disproportionality in the imposition of death sentences.

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

In the case of ________,the Supreme Court essentially struck down the death penalty statutes of many states on the grounds that they allowed for arbitrary and capricious application of the death penalty.

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 -General deterrence

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

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

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 -Specific deterrence

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 -Restoration

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 -Rehabilitation

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 -Negotiation and dialogue are emphasized

Match the characteristic to the type of justice. A)Retributive justice B)Restorative justice -Crime is a violation of a law

Match the characteristic to the type of justice. A)Retributive justice B)Restorative justice -Offender accountability is defined as taking punishment

Match the characteristic to the type of justice. A)Retributive justice B)Restorative justice -Crime control lies primarily with the community

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 characteristic to the type of justice. A)Retributive justice B)Restorative justice -The criminal justice system controls crime

Match the characteristic to the type of justice. A)Retributive justice B)Restorative justice -There is an emphasis on adversarial relationships

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 -Pain is imposed to deter,punish,and prevent crime

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 -Indeterminate sentencing

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

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 -Structured sentencing

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 -Presumptive sentencing

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

Match each characteristic of a crime with the type of circumstance it represents in court. A)Aggravating circumstance B)Mitigating circumstance -The crime was especially cruel

Match each characteristic of a crime with the type of circumstance it represents in court. A)Aggravating circumstance B)Mitigating circumstance -The defendant made restitution to the victim

Match each characteristic of a crime with the type of circumstance it represents in court. A)Aggravating circumstance B)Mitigating circumstance -The defendant helped the police apprehend another felon

Match each characteristic of a crime with the type of circumstance it represents in court. A)Aggravating circumstance B)Mitigating circumstance -The defendant was hired to commit the crime

Match each characteristic of a crime with the type of circumstance it represents in court. A)Aggravating circumstance B)Mitigating circumstance -The victim was an on-duty police officer engaged in the performance of police duties

Match each characteristic of a crime with the type of circumstance it represents in court. A)Aggravating circumstance B)Mitigating circumstance -The defendant has a good reputation in the community

Match each characteristic of a crime with the type of circumstance it represents in court. A)Aggravating circumstance B)Mitigating circumstance -The victim participated voluntarily in the crime

Match each characteristic of a crime with the type of circumstance it represents in court. A)Aggravating circumstance B)Mitigating circumstance -The defendant had a gun

Match each characteristic of a crime with the type of circumstance it represents in court. A)Aggravating circumstance B)Mitigating circumstance -The defendant used a position of trust to commit the crime

Match each characteristic of a crime with the type of circumstance it represents in court. A)Aggravating circumstance B)Mitigating circumstance -The defendant committed the crime to avoid being arrested

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

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

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

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

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

Match the capital punishment argument to its focus. A)Retentionist B)Abolitionist -Human life is sacred.

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

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

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. -Just deserts

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. -Lack of proven deterrence

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. -Discrimination

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. -Expense

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. -Retribution

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. -Human life is sacred

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. -Arbitrariness

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. -Infliction on the innocent

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

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

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. -Gregg v.Georgia

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. -Woodson v.North Carolina

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. -Coker v.Georgia

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. -Ring v.Arizona

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

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. -Atkins v.Virginia

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. -Kennedy v.Louisiana

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

List and define three of the five goals of criminal sentencing.Which of these goals do you believe is the most effective in dealing with defendants? Provide support for your opinion.

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.

Explain aggravating and mitigating circumstances and when they are used.List and describe at least three aggravating and three mitigating circumstances.

Explain the role of plea bargaining in the federal judicial system.What conditions did the Sentencing Commission place on plea bargaining under the sentencing guidelines and what impact do these conditions have?

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.

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

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.

Explain the advantages of fines as a sentencing alternative and the concerns that have been raised regarding the use of this punishment? Discuss which types of crimes you think should be punishable by fines and which should not,and explain your views.Explain the day-fine system and discuss whether you think the day-fine system is a good idea or a form of discrimination based on socioeconomic status.Give support for your views.

Discuss the concern about sentencing innocent persons to death.What does the research suggest about this issue? Do you think that this concern is sufficient to warrant the abolition of the death penalty? Why or why not? Support your answer with examples and statistics.