Chapter 3 Powerpoint pt. 2

Question 1

List the type of punishments that are often used in combination with one another.

Answer 1

Imprisonment
Fines
Probation
Intermediate Sanctions
Death
Assets for forfeiture

Question 2

What are some examples of intermediate sanctions?

Answer 2

House arrest, “shock” incarceration, community service, restitution

Question 3

What type of sentencing is this: Individuals sentenced to a year or less are generally sentenced to local jails?

Answer 3

imprisonment

Question 4

What type of sentencing is this: State statutes usually provide this as an alternative to incarceration or in addition to incarceration?

Answer 4

fines

Question 5

What type of sentencing is this:
Involves the suspension of a prison sentence so long as an individual continues to report to a probation officer and adhere to certain required standards of personal conduct?

Answer 5

probation

Question 6

The conditions of _________ are required to be reasonably related to the rehabilitation of the offender and the protection of the public.

Answer 6

probation

Question 7

The conditions of probation are required to be reasonably related to the ___________ of the offender and the ________ of the public.

Answer 7

rehabilitation

protection

Question 8

Intermediate sanctions may be imposed as a _______ sentence, as a condition of ________, following ____________, or in combination with a _____.

Answer 8

criminal
probation
imprisonment
fine

Question 9

___________ _________ may be imposed as a criminal sentence, as a condition of probation, following imprisonment, or in combination with a fine.

Answer 9

Intermediate sanctions

Question 10

What do you use to evaluate sentencing schemes?

Answer 10

1) Proportionality
2) Individualism
3) Disparity
4) Predictability and Simplicity
5) Excessiveness
6) Truthfulness
7) Purpose

Question 11

Individualism – sentence should reflect the offender’s criminal _______ and threat posed to _______.

Answer 11

history

society

Question 12

____________– sentence should reflect the offender’s criminal history and threat posed to society

Answer 12

Individualism

Question 13

________– sentences for particular offenses should be uniform

Answer 13

Disparity

Question 14

Disparity – sentences for particular offenses should be _______

Answer 14

uniform

Question 15

___________ and _________ – Sentences should be clear and definite and should not be dependent on the bias of judge

Answer 15

Predictability

Simplicity

Question 16

Predictability and Simplicity – Sentences should be _____ and _______ and should not be dependent on the _____ of judge

Answer 16

clear
definite
bias

Question 17

______________– sentence should not inflict unnecessary pain and suffering

Answer 17

Excessiveness

Question 18

____________– sentence should reflect actual time served in prison

Answer 18

Truthfulness

Question 19

________– sentence should be intended to achieve one or more of the purposes of punishment

Answer 19

Purpose

Question 20

The U.S. Department of Justice reported in ______ that state and federal courts convicted almost 1,145,000 adults of felonies.

Answer 20

2004

Question 21

The U.S. Department of Justice reported in 2004 that state and federal courts convicted almost ___________ adults of ________.

Answer 21

1,145,000

felonies

Question 22

____% of individuals convicted in state courts were sentenced to prison, and ___% were sentenced to probation with no jail time.

Answer 22

70%

30%

Question 23

Seventy percent of individuals convicted in state courts were sentenced to _______, and 30 percent were sentenced to _________ with no jail time.

Answer 23

prison

probation

Question 24

The average sentence for felons sentenced to state prisons was ___ months; the average probation sentence was ___ months. Individuals sentenced to local jails, on average, received a __-month sentence.

Answer 24

57
38
6

Question 25

The average sentence for felons sentenced to ______ _______ was 57 months; the average _________ sentence was 38 months. Individuals sentenced to local jails, on average, received a 6-month sentence.

Answer 25

state prisons

probation

Question 26

Roughly ___% of convicted felons were required to pay restitution.

Answer 26

18%

Question 27

Roughly 18 percent of convicted felons were required to pay _________.

Answer 27

restitution

Question 28

List the different type of approaches to sentencing.

Answer 28

1. Determinate Sentences
2. Mandatory Minimum Sentences
3. Indeterminate Sentences
4. Presumptive Sentencing Guidelines
5. Consecutive Sentences
6. Concurrent Sentences
7. Clemency and Pardon

Question 29

Which type of approach to sentencing is this: legislatures allow judges little discretion

Answer 29

Determinate Sentences

Question 30

Which type of approach to sentencing is this: legislature sets mandatory minimums for certain crimes regardless of mitigating factors

Answer 30

Mandatory Minimum Sentences

Question 31

Which type of approach to sentencing is this: judges set a minimum and maximum sentence with defined limits

Answer 31

Indeterminate Sentences

Question 32

Which type of approach to sentencing is this: a formula is used to determine the sentence

Answer 32

Presumptive Sentencing Guidelines

Question 33

Which type of approach to sentencing is this: when convicted of multiple offenses, the defendant serves the sentences one after the other

Answer 33

Consecutive Sentences

Question 34

Which type of approach to sentencing is this: when convicted of multiple offenses, the defendant serves the sentences at the same time

Answer 34

Concurrent Sentences

Question 35

The federal guidelines also specify that any _____ _______ must be approved by a ______ to ensure that any sentence agreed upon is within the range established by the guidelines.

Answer 35

plea bargain

judge

Question 36

A _____ _______ is a negotiated agreement between defense and prosecuting attorneys.

Answer 36

plea bargain

Question 37

A plea bargain is a negotiated agreement between ________ and __________ attorneys.

Answer 37

defense

prosecuting

Question 38

True or False: The impact of the guidelines is difficult to measure, but studies suggest that the guidelines have decreased the percentage of defendants who receive prison terms.

Answer 38

False; it increases the percentage of defendants who receive prison terms

Question 39

What happened in the Smith v. Doe case?

Answer 39

Smith served time for some sort of sexual offense against a child, and years later was being required to register as a sex offender. Smith objected to this because he was now an established family man. Smith claimed double jepordardy.
The court held it was a civil statute, designed to inform and protect the public

Question 40

True or False: double jepordary onl applies to criminal cases.

Answer 40

True

Question 41

What is assets forfeiture?

Answer 41

seizure of the fruits of criminal activity

Question 42

What are the four different spproaches to sentencing by the federal and state government?

Answer 42

1. determinate sentencing
2. mandatory/minimum sentencing
3. indeterminate sentencing
4. presumptive sentencing guidelines

Question 43

Who was the first to do sentencing guidelines? When did it happen?

Answer 43

Minnesota in 1980