Chapter 3 Powerpoint pt. 3

Question 1

It is unconstitutional to enhance a sentence based on facts found to exist by the judge by a ____________ ___ ____ ________ (a probability) rather than beyond a reasonable doubt by a jury.

Answer 1

preponderance of the evidence

Question 2

It is unconstitutional to enhance a sentence based on facts found to exist by the judge by a preponderance of the evidence (a probability) rather than _______ __ __________ ______ by a jury.

Answer 2

beyond a reasonable doubt

Question 3

In which cases did the U.S. Supreme Court once again addressed the federal guidelines and explicitly held that the guidelines are advisory?

Answer 3

(1) Rita v. United States
(2) Gall v. United States
(3) Kimbrough v. United States

Question 4

Roughly ___ states have some form of truth in sentencing legislation and have qualified for funding.

Answer 4

40

Question 5

Roughly 40 states have some form of _____ ___ __________ legislation and have qualified for funding.

Answer 5

truth in sentencing

Question 6

Over 70% of violent offenders are serving longer sentences than they did prior to _____ ___ ___________.

Answer 6

truth in sentencing

Question 7

Over ____% of violent offenders are serving longer sentences than they did prior to truth in sentencing.

Answer 7

70%

Question 8

What year was the Victims of Crime Act (VOCA) passed?

Answer 8

1986

Question 9

(VOCA) provides for a compensation fund and establishes the Office for Victims of Crime (OVC), which is responsible for?

Answer 9

coordinating all victim-related federal programs.

Question 10

In 1986, the U.S. Congress passed the _______ ___ _____ ____ (_____)

Answer 10

Victims of Crime Act (VOCA)

Question 11

(VOCA) provides for a compensation fund and establishes the ______ for _______ of ______ (OVC), which is responsible for coordinating all victim-related federal programs.

Answer 11

Office
Victims
Crime

Question 12

President ________ ______ also signed the Crime Victims Rights Act of 2004.

Answer 12

George W. Bush

Question 13

President George W. Bush also signed the _____ _______ ______ ____ of 2004

Answer 13

Crime Victims Rights Act

Question 14

What does the Crime Victims Rights Act of 2004 proclaim?

Answer 14

Proclaims various rights for crime victims: (1) the right to be informed of all relevant information involving the prosecution, (2) imprisonment, and release of an offender, (3) the right to compensation and return of property.

Question 15

_________, along with ___ other states, has adopted constitutional amendments protecting victims.

Answer 15

California

19

Question 16

Another important development is the U.S. Supreme Court’s approval of ______ ______ __________ in death penalty cases.

Answer 16

victim impact statements

Question 17

Another important development is the U.S. Supreme Court’s approval of victim impact statements in ______ _______ cases.

Answer 17

death penalty

Question 18

The ________ ___________ and an estimated ___ states have laws that authorize direct victim involvement at sentencing for criminal offenses.

Answer 18

federal government

20

Question 19

The federal government and an estimated 20 states have laws that authorize ______ ______ ____________ at sentencing for _______ offenses.

Answer 19

direct victim involvement

criminal

Question 20

All ___ states and the District of Columbia provide for some form of _______ submissions.

Answer 20

50

written

Question 21

All 50 states and the _______ ___ ________ provide for some form of written submissions.

Answer 21

District of Columbia

Question 22

43 states adopted ____ of ____ laws.

Answer 22

Son

Sam

Question 23

___ states adopted Son of Sam laws.

Answer 23

43

Question 24

What are the Son of Sam laws?

Answer 24

Prohibit convicted felons from profiting from books, films, or television programs that recount their crimes; instead, these laws make such funds available to victims

Question 25

The 8th Amendment to the U.S. Constitution is the primary constitutional check on __________.

Answer 25

sentencing

Question 26

The __th Amendment to the U.S. Constitution is the primary constitutional check on sentencing.

Answer 26

8th

Question 27

Statutes that provide different sentences based on gender also have been held to be in violation of the ______ __________ ________.

Answer 27

Equal Protection Clause

Question 28

The general rule is that a defendant must demonstrate both a discriminatory _______ and a discriminatory _______ to prove it violates equal protection.

Answer 28

impact

intent

Question 29

Explain the State v. Chambers case.

Answer 29

State v. Chambers struck down a statute that ultimately resulted in men receiving significantly shorter prison sentences than women convicted of the same crime

Question 30

During colonial times and the early American republic, the purpose of punishment is to inflict _____ and ______ _____

Answer 30

pain

public shame

Question 31

America had a gradual move away from __________ ________ sanctions.

Answer 31

physically painful

Question 32

Disillusionment with __________ ___________ and ____________ led to the development of harsh sentencing guidelines such as “truth in sentencing” laws and determinate sentencing.

Answer 32

flexible sentences

rehabilitation

Question 33

Disillusionment with flexible sentences and rehabilitation led to the development of harsh sentencing guidelines such as “_____ ___ __________” laws and ___________ __________.

Answer 33

truth in sentencing

determinate sentencing

Question 34

____________ with flexible sentences and rehabilitation led to the development of harsh sentencing guidelines such as “truth in sentencing” laws and determinate sentencing.

Answer 34

Disillusionment

Question 35

At the turn of the 20th century, most states and the federal government employed ____________ sentencing but the disillusionment with the notion of rehabilitation led to ___________ sentencing

Answer 35

indeterminate

determinate

Question 36

At the turn of the 20th century, most states and the federal government employed indeterminate sentencing but the _____________ with the notion of ____________ led to determinate sentencing

Answer 36

disillusionment

rehabilitation

Question 37

The Sentencing Reform Act established the ____ __________ ___________.

Answer 37

U.S. Sentencing Commission

Question 38

The Sentencing Reform Act abandoned ___________ as a purpose of imprisonment.

Answer 38

rehabilitation

Question 39

What are the goals of the Sentencing Reform Act?

Answer 39

retribution, deterrence, incapacitation, and the education and treatment of offenders

Question 40

The ____________ _______ _____ established the U.S. Sentencing Commission.

Answer 40

Sentencing Reform Act

Question 41

The ____________ _______ _____ abandoned rehabilitation as a purpose of imprisonment.

Answer 41

Sentencing Reform Act

Question 42

Fact-finding by the judge violates ______ Amendment.

Answer 42

Sixth

Question 43

Punishments are considered cruel if they involve _______ or ________ death

Answer 43

torture

lingering

Question 44

What are the considerations when judging whether a punishment is cruel and unusual?

Answer 44

(1) Punishment must be acceptable to society. (Prevailing Social Values)
(2) Punishment must be strictly necessary to the achievement of a correctional goal. (Penological Purpose)
(3) Individuals subject to punishment must be treated with human respect and dignity. (Human Dignity)

Question 45

What is the claim that anti-lethal injection advocates advocate?

Answer 45

Opponents claim that individuals who administer the three-drug protocol lack training to safely administer the drugs

Question 46

What happened in the Roper v. Simmons case?

Answer 46

Respondent committed murder when he was age 17. He was tried and sentenced to death after he turned 18.
The court found that minors can be subject to the death sentence only if the charges warrant execution. The court found that capital punishment sentences for minors between the ages of 16 and 17 did not violate any rights awarded by the 8th Amendment.

Question 47

What are the mandatory minimums for drug offenses?

Answer 47

(1) Rockefeller Drug Laws
(2) Anti-Drug Abuse Act of 1986 (and 1988 amendments)
(3) Fair Sentencing Act of 2010

Question 48

Prosecutors argue that minimum sentences (in drug offenses) are required to ______ individuals as well as gain the __________ of defendants through the threat of a lengthy sentence

Answer 48

deter

cooperation

Question 49

What are some of the flaws of mandatory minimums in drug offenses?

Answer 49

(1) Inflexibility
(2) Disparities in enforcement
(3) Increasing prison population
(4) Disproportionate affect on minorities and women

Question 50

What happened in the Robinson v. California case?

Answer 50

Ruled that it was cruel and unusual punishment to impose criminal penalties on Robinson based on his conviction of the status offense of narcotics addiction