Question 1

The type and length of the sentence of a defendant who is found guilty either pursuant to a plea of guilty or at trial is determined in one of several ways. Which of the following is not one of those ways?

Accepted Answer

Sentencing is typically determined legislatively (through laws), judicially (by judges), or administratively (by parole boards or similar entities). The executive branch does not determine sentences.

Question 2

In the _____________________ model for sentencing the type and length of the sentence for each crime are codified into the jurisdiction's penal code and in its purest form allow for no discretion.

Accepted Answer

The legislative model for sentencing involves codifying the type and length of sentences for each crime into the jurisdiction's penal code, leaving no room for discretion.

Question 3

The type of sentencing under the legislative model is called a(n) ____________________ sentence.

Accepted Answer

A determinate sentence is a fixed term of incarceration, which is set by a legislative body, making it a type of sentencing under the legislative model.

Question 4

During the recent period of time where the philosophy of rehabilitation was popular, the __________________ model was prominent.

Accepted Answer

The administrative model was prominent during the period when the philosophy of rehabilitation was popular, focusing on managing and rehabilitating offenders within the correctional system.

Question 5

In which system does the legislature specify the normal sentence for each crime and permit judges to deviate only under specified types of circumstances, by giving written reasons, or both?

Accepted Answer

Presumptive sentencing involves the legislature setting a standard sentence for each crime, allowing judges to deviate only under specific circumstances, often requiring written justification.

Question 6

The type of sentencing established under presumptive sentencing is accomplished through the use of a sentencing commission that establishes ______________________, which allow the legislature to control judicial discretion.

Accepted Answer

Presumptive sentencing involves the use of sentencing guidelines established by a sentencing commission to limit judicial discretion and ensure consistency in sentencing.

Question 7

Under the presumptive sentencing approach, a judge may sentence outside the range appropriate for a particular defendant, creating a departure from the guidelines. He or she may do so if there are __________________________ circumstances that will not justify or excuse the crime but because of justice and fairness make the crime less reprehensible.

Accepted Answer

Mitigating circumstances are those that, while not excusing or justifying the crime, make it less severe or reprehensible, allowing for a departure from sentencing guidelines in the interest of justice and fairness.

Question 8

Under the presumptive sentencing approach, a judge may sentence outside the range appropriate for a particular defendant, creating a departure from the guidelines, if he or she finds there are _________________________________ circumstances that are above and beyond the elements required for the crime but that make the crime more serious.

Accepted Answer

Aggravating circumstances are factors that increase the severity or culpability of a criminal act, justifying a harsher sentence.

Question 9

In Panetti v. Quarterman, heard during its 2006-2007 term, the Supreme Court held that a mentally ill murderer who did not have a ____________________ could not be executed.

Accepted Answer

The Supreme Court ruled that executing a mentally ill person who lacks a rational understanding of the reason for their execution violates the Eighth Amendment's prohibition on cruel and unusual punishment.

Question 10

In the case of Kennedy v. Louisiana, the Supreme Court held that capital punishment for rape but not murder of a ______________ violates the Eighth Amendment's mandate for proportionality in sentencing.

Accepted Answer

The Supreme Court in Kennedy v. Louisiana ruled that imposing the death penalty for the rape of a child, where the crime did not result in the child's death, violates the Eighth Amendment's prohibition on cruel and unusual punishment due to a lack of proportionality.

Question 11

In 1988, in Thompson v. Oklahoma, the Supreme Court held that imposing capital punishment on a person who was 15 at the time the murder was committed constitutes ____________________________________ and therefore violates the Eighth Amendment.

Accepted Answer

The Supreme Court held that imposing capital punishment on a person who was 15 at the time of the crime constitutes "cruel and unusual punishment," which violates the Eighth Amendment.

Question 12

In the 2008 case of Baze v. Rees, the Supreme Court ruled that the petitioners had failed to meet their burden of proof in their challenge of the constitutionality of _____________________ as the method of execution in use by the state of Kentucky at that time.

Accepted Answer

The Supreme Court ruled that the petitioners did not prove that lethal injection posed a substantial risk of serious harm, thus it was not unconstitutional.

Question 13

The federal system has enacted a group of statutes to aid in preventing sexual offenders from reoffending and require released sex offenders to register locally when they move into a community. These laws, which are called ______________ , came into effect after a young child was killed by a child molester who lived in the neighborhood.

Accepted Answer

Megan's laws are named after Megan Kanka, a young girl who was murdered by a known child molester living in her neighborhood. These laws require sex offenders to register with local authorities.

Question 14

In regards to truth in sentencing legislation, many jurisdictions are requiring that offenders serve what percent of their sentences before they are eligible for early release?

Accepted Answer

Many jurisdictions require offenders to serve 85% of their sentences before being eligible for early release under truth in sentencing laws.

Question 15

The Sex Offender Registration and Notification Act (SORNA) established what new federal crime?

Accepted Answer

SORNA established the federal crime of failing to register as a sex offender when required to do so.

Question 16

As discussed in the textbook, _________________ sentences are those established by the legislature

Accepted Answer

Determinate sentences are those established by the legislature, specifying a fixed term of incarceration.

Question 17

Which Act established the U.S. Sentencing Commission?

Accepted Answer

The Sentencing Reform Act of 1984 established the U.S. Sentencing Commission as part of the Comprehensive Crime Control Act.

Question 18

Which of the following is one of the criticisms of the federal sentencing guidelines?

Accepted Answer

They can do nothing about sentencing disparity

Question 19

Under which sentencing model do judges have the final determination of a sentence; that is, no administrative releases are permitted?

Accepted Answer

In the judicial sentencing model, judges have the final authority to determine sentences without the possibility of administrative releases.

Question 20

What is defined as an act of grace that exempts an offender from punishment (or further punishment, if some time has already been served)?

Accepted Answer

A pardon is an act of grace that exempts an offender from punishment or further punishment, effectively forgiving the crime.

Quiz 11: Sentencing