Chapter 3 Powerpoint pt. 1

Question 1

In the United States, courts have attempted to balance the need for swift and forceful ___________ with the recognition that individuals are constitutionally entitled to _____ procedures and are to be free from _____ and _______ punishments.

Answer 1

punishment
fair
cruel
unusual

Question 2

Courts have moved away from _______ and __________ punishments.

Answer 2

painful

humiliating

Question 3

The United States is witnessing a revolution in ___________.

Answer 3

sentencing

Question 4

What is the purpose of punishment?

Answer 4

An emphasis on deterrence, retribution, incapacitation, education, and treatment of offenders rather than on rehabilitation.

Question 5

Judicial discretion in sentencing is greatly _________.

Answer 5

reduced

Question 6

Judicial _________ in sentencing is greatly reduced.

Answer 6

discretion

Question 7

The federal government and states have introduced __________ _________ and _________ _________ __________; illustrated by Three Strikes, You’re Out legislation, and drug laws.

Answer 7

sentencing guidelines

mandatory minimum sentences

Question 8

The federal government and states have introduced sentencing guidelines and mandatory minimum sentences; illustrated by who?

Answer 8

(1) Three Strikes Laws
(2) You’re Out legislation
(3) Drug laws.

Question 9

The authority of parole boards to release prisoners prior to the completion of their sentences and the ability of incarcerated individuals to accumulate “good time” is vastly reduced as a result of _____ ___ __________ legislation.

Answer 9

truth in sentencing

Question 10

As a consequence of truth in sentencing legislation, offenders are serving a greater __________ of their sentences.

Answer 10

percentage

Question 11

In _____, the U.S. government moved from indeterminate to determinate sentencing

Answer 11

1984

Question 12

In 1984, the U.S. government moved from ___________ to __________ sentencing

Answer 12

indeterminate

determinate

Question 13

Violent Crime Control and Law Enforcement Act of 1994; provided funds for prison construction and renovation to states on what condition?

Answer 13

states had to guarantee violent offenders serve 85% of their prison sentence.

Question 14

_______ _____ _______ and ____ ___________ Act of 1994; provided funds for prison construction and renovation to states that guarantee violent offenders serve 85% of their prison sentence.

Answer 14

Violent Crime Control

Law Enforcement

Question 15

Violent Crime Control and Law Enforcement Act of 1994; provided funds for prison construction and renovation to states that guarantee violent offenders serve ___% of their prison sentence

Answer 15

85%

Question 16

True or False: Victims are being provided a greater role and more protections in the criminal justice process.

Answer 16

True

Question 17

The death penalty does not violate the __th Amendment.

Answer 17

8th

Question 18

The _____ ______ does not violate the Eighth Amendment.

Answer 18

death penalty

Question 19

________ ___________ is subject to constitutional limitations under the ___th Amendment intended to ensure that death is a penalty proportionate to the offender’s crime.

Answer 19

Capital punishment

8th

Question 20

How many states provide the death penalty?

Answer 20

34

Question 21

Governors or the President (for federal offenses) may grant an offender clemency which results in?

Answer 21

The reduction of an individual’s sentence or in a commutation of a death sentence to life in prison

Question 22

What are two cases that addressed the juvenile death penalty issue?

Answer 22

(1) Thompson v. Oklahoma, 1988

(2) Stanford v. Kentucky, 1989

Question 23

What happened in the Thompson v. Oklahoma case in 1988?

Answer 23

The U.S. Supreme Court rules that the execution of a young person under the age of 16 at the time the offense was committed constituted cruel and unusual punishment

Question 24

What happened in the Stanford v. Kentucky case in 1989?

Answer 24

The U.S. Supreme Court ruled that the execution of the individuals 16 or 17 years of age could not be considered either cruel or unusual

Question 25

Courts have deferred to the decisions of _____ __________ and the _________ in regards to sentencing decisions and generally have held that prison sentences are proportionate to the offender’s crime.

Answer 25

state legislatures

Congress

Question 26

What determines whether a law is criminal?

Answer 26

(1) Does the legislature characterize the penalty as civil or criminal?
(2) Has the type of penalty imposed historically been viewed as criminal?
(3) Does the penalty involve a significant disability or restraint on personal freedom?
(4) Does the penalty promote a purpose traditionally associated with criminal punishment?
(5) Is the imposition of the penalty based on an individual’s intentional wrongdoing, a requirement that is central to criminal liability?
(6) Has the prohibited conduct traditionally been viewed as criminal?

Question 27

List the purposes of punishment.

Answer 27

(1) Retribution
(2) Deterrence
(3) Rehabilitation
(4) Incapacitation
(5) Restoration

Question 28

Which type of punishment is this: Designed around “just deserts”?

Answer 28

retribution

Question 29

Which type of punishment is this: Offenders receive punishments comparable to the seriousness of the crime ?

Answer 29

retribution

Question 30

Which type of punishment is this: Eye for an eye, a tooth for a tooth?

Answer 30

retribution

Question 31

Which type of punishment is this: Offenders are punished to deter future crime?

Answer 31

deterrence

Question 32

Which type of punishment is this: the original goal of punishment in the United States?

Answer 32

rehabilitation

Question 33

Which type of punishment is this: done to reform and transform the offender?

Answer 33

rehabilitation

Question 34

Which type of punishment is this: appeals to the notion that people are essentially good?

Answer 34

rehabilitation

Question 35

Which type of punishment is this: removes the offender from society to prevent further harm to society?

Answer 35

incapacitation

Question 36

Which type of punishment is this: accepts that some offenders cannot be deterred or rehabilitated?

Answer 36

incapacitation

Question 37

Which type of punishment is this: Difficulties with prediction of future behavior?

Answer 37

Incapacitation

Question 38

Which type of punishment is this: requires the offender to engage in some kind of restitution?

Answer 38

restoration

Question 39

Which type of punishment is this: restitution can consist of financial reimbursement or community service?

Answer 39

restoration

Question 40

Which type of punishment is this: places the emphasis on the victim?

Answer 40

restoration

Question 41

What is the difference between specific and general deterrence?

Answer 41

Specific deterrence – impose punishment to discourage a defendant from committing a crime in the future.
General deterrence – punish an offender to deter everyone else from violating the law.

Question 42

True or False: Recidivism rates indicate that punishment deters crime

Answer 42

False; recidivism rates indicate that punishment rarely deters crime

Question 43

True or False: other offenders are rarely concerned or are aware of the punishments received by other individuals

Answer 43

True

Question 44

_________ ___________ – singles out offenders who have committed designated offenses for lengthy incarceration

Answer 44

Selective incapacitation

Question 45

Selective incapacitation – singles out offenders who have committed ___________ offenses for lengthy ___________

Answer 45

designated

incarceration