Ch 8

Question 1

Over _________ sentences are handed down by judges _______.

Answer 1

1 million anually

Question 2

How many purposes of punishment are there?

Answer 2

There are many conflicting opinions

Question 3

Contemporary Philosophies for Punishment

Answer 3

1) Deterrence
2) Incapacitation
3) Retribution
4) Rehabilitation
5) Restorative Justice

Question 4

Incapacitation

Answer 4

The only way to prevent criminals from reoffending is to remove them permanently from society.

1) Banishment
2) Transportation
3) Imprisonment - “warehousing” or “lock and feed”

Question 5

Retribution

Answer 5

Criminals should be punished because they deserve it.

1) “Just desserts”
2) “get-tough” era of sentencing
3) “ 19th and 20th Century prison officials favored harsh prison conditions
4) The public expects prisoners to be punished

Question 6

Deterrence

Answer 6

Punishment should prevent the criminal from reoffending

1) Effective with law abiding citizens
2) Corporal Punishment
3) Specific Deterrence
4) General Deterrence
5) Sterilization

Question 7

Rehabilitation

Answer 7

1) Criminals can be “cured” of their problems and criminality to be returned to society
2) views criminality as a disease to be cured
3) Most believe this is not working given a high recidivism
4) Most rehabilitation today focuses on juveniles

Question 8

Restorative Justice

Answer 8

Focuses more on victims rather than the offenders. Rehabilitation is often criticized for forgetting the victim.

1) Offender should be made to provide some contribution to community.
2) Sentences require restitution to the victim
3) Community service imposed in about 5% of all cases.

Question 9

What happens if someone pleads insanity?

Answer 9

1) Court arranges for defendant to be examined by a mental health professional prior to trial.
2) As an “expert witness” the mental health professional can testify during trial.
3) Jury must decide if defendant’s mental condition meets the standard for insanity.

Question 10

Insanity Defense Reform Act of 1984

Answer 10

1) Defendant must undergo a “civil commitment examination”

2) Determines whether defendant should be released or confined to an institution.

Question 11

Guilty but mentally ill

Answer 11

1) ruled by State courts

2) jury can find defendant mentally ill, but still commit to a state prison.

Question 12

Presentence Investigation Report

Answer 12

1) Information gathered about a convicted person
2) Used by judge to determine best sentence
3) Gathered by Probation or parole officer to include:
1) employment history
2) Family relations
3) Reputation in community
4) Prior Convictions

Question 13

Victim Impact Statements

Answer 13

1) Victims can influence judge’s sentencing
2) Civil Rights advocates consider the statements to be prejudicial and biased.
3) Supporters argue that the harm and suffering of a victim is an appropriate factor for determining sentence.

Question 14

2 Sentencing Models

Answer 14

1) Indeterminate Sentencing

2) Determinate Sentencing

Question 15

Indeterminate Sentencing

Answer 15

1) Sentence may range from 1-20 years
2) Gives judge more latitude and flexibility
3) Prisoner’s behavior and progress toward rehabilitation affect release date

Question 16

Determinate Sentencing

Answer 16

1) Offender is sentenced to a fixed term of incarceration
2) Also called “flat sentences” or “fixed sentences”
3) Proponents claim this sentencing format eliminates discrimination in sentencing.

Question 17

Mandatory Sentencing

Answer 17

1) A strict application of full sentences
2) Favored by public who believe offenders get off “too easy”
3) Sentencing not left to judge’s discretion

Question 18

Habitual Offender Laws

Answer 18

1) Punishes repeat offenders more severely
2) Three strikes-and-out law originated in California
3) Critics believe this creates situations where offenders are receiving disproportionately long prison terms for minor felonies

Question 19

Truth in Sentencing

Answer 19

1) Early parole is not an option
2) Requires court to disclose actual prison time that offender will serve
3) Some states require offender to serve at least 85% of their sentence before eligible for release

Question 20

_______ _________ is an ongoing controversy in America’s history.

Answer 20

Capital Punishment

Question 21

Abolitionists believe… (2 things)

Answer 21

1) capital punishment is ineffective as a crime deterrent

2) the gov’t does not have the right to take a human life.

Question 22

Supreme Court Cases Challenging capital punishment

Answer 22

Furman v. Georgia (1972)

Gregg v. Georgia (1976)

Question 23

Furman v Georgia

Answer 23

1972

In original case, Furman was robbing a house when he “accidentally” shot and killed the resident. He was sentenced to death for committing murder and felony robbery.

1) Defense argued that the death penalty was applied arbitrarily, not systematically
2) Did NOT declare capital punishment unconstitutional, but the way it was applied was unconstitutional.
3) Socioeconomic status seemed to be main factor. Race, low income, low education, etc.
4) US Supreme Court suspended death penalty

Question 24

Gregg v. Georgia

Answer 24

1976

1) US Supreme Court allowed use of death penalty through “bifurcated trail” process.

Question 25

Dangers of using Capital Punishment

Answer 25

1) Innocent parties convicted
2) Official misconduct and error
3) Racial Bias
4) Past exonerations through DNA evidence

Question 26

the administration of bodily harm as punishment for a crime

Answer 26

corporal punishment

Question 27

a concept based on the premise that a person is best deterred from committing future crimes by the specific nature of the punishment

Answer 27

specific deterrence

Question 28

the concept based on the logic that people who witness the pain suffered by those who commit crimes will desire to avoid that paint and will refrain from criminal activity

Answer 28

general deterrence

Question 29

deterrence based on the premise that the only way to prevent criminals from reoffending is to remove them from society

Answer 29

incapacitation

Question 30

the removal of an offender from the community

Answer 30

banishment

Question 31

the 18th century practice by Great Britain of sending offenders to the American colonies and, later, to Australia.

Answer 31

transportation

Question 32

Insanity Defense Reform Act of 1984

Answer 32

requires defendants in federal courts who are found not guilty by reason of insanity to undergo a civil commitment examination within 40 days of verdict

Question 33

determination of whether the defendant should be released or confined to an institution for persons with mental illness

Answer 33

civil commitment examination

Question 34

a new type of verdict in which jury finds defendant mentally ill but sufficiently aware to be morally responsible for his/her criminal acts

Answer 34

guilty but mentally ill

Question 35

person who works for court and has responsibility of investigating the background of the convicted offender and the circumstances surrounding the offense

Answer 35

presentence investigator

Question 36

testimony by victims at a convicted offender’s sentence hearing

Answer 36

victim impact statements

Question 37

application of mandatory sentencing to give repeat offenders longer prison terms

Answer 37

3 strikes law

Question 38

a sentencing model in which crimes are classified according to their seriousness and a range of time to be served as mandatory for crimes within each category

Answer 38

sentencing guidelines

Question 39

a structured sentencing model that attempts to balance sentencing guidelines with mandatory sentencing and at the same time provide discretion to the judge

Answer 39

presumptive sentencing

Question 40

a two-part trial structure in which jury first determines guilt or innocence and then considers new evidence relating to the appropriate punishment

Answer 40

bifurcated trial

Question 41

A death penalty case can cost a state up to _______.

Answer 41

$ 3 Million