Chapter 4

Question 1

After someone is convicted of a crime, the court orders them a punitive penalty called ______.

Answer 1

The penalty that a defendant receives after being convicted is called a sentence.

Question 2

According to Aristotle’s philosophy on justice, two criminals who commit the same crime with different criminal histories are equal under the law.

Answer 2

False - Aristotle thought that judges should sentence criminals equally if they committed the same crime and had similar criminal histories.

Question 3

Which type of sentence is not fixed but rather is given as a range of years?

Answer 3

Indeterminate sentences provide offenders with a range of years that they could serve.

Question 4

Which law was created to ensure that offenders actually spent nearly all of the time they were sentenced to in prison?

Answer 4

Truth-in-sentencing laws sought a truthful connection between the sentences imposed on offenders and the time they actually served. This restricted the use of good-time credits.

Question 5

A concurrent sentence is one in which two or more sentences are served one at a time (one after the other).

Answer 5

False - A consecutive sentence is one in which sentences are served sequentially, or one at a time.

Question 6

Which type of sentence exposes offenders to the reality of prison life for a short period of time, followed by probation?

Answer 6

Shock Probation - Shock probation, also called shock incarceration, exposes offenders to the reality of prison life for a short period of time, followed by probation.

Question 7

What is a benefit of a victim impact statement?

Answer 7

Victim impact statements can be beneficial for victims and their families. One benefit is that they allow people affected by the crime to inform the court of the harm they suffered from the crime.

Question 8

Problem-solving courts attempt to address the underlying causes of a person’s antisocial behavior.

Answer 8

Problem-solving courts recognize that some offenders have underlying causes that contribute to their criminality. By addressing those causes, they are treating the root of the problem.

Question 9

Problem-solving courts are designed to provide positive outcomes for victims, society, and offenders.

Answer 9

True - Problem-solving courts try to work collaboratively with many members of the criminal justice system to help offenders.

Question 10

One of the defining characteristics of a problem-solving court is its ______.

Answer 10

Problem-solving courts are known for their screening and assessment tools, which are used to identify appropriate offenders.

Question 11

Who is responsible for determining a drug court participant’s outcome (i.e., graduation or incarceration)?

Answer 11

A judge ultimately decides whether the participant will graduate or go to jail.

Question 12

A sentencing disparity can be legitimate if it is based on crime seriousness.

Answer 12

True - A sentencing disparity can be legitimate if it is based on crime seriousness.

Question 13

Which Act reduced the disparities in sentencing for crack cocaine?

Answer 13

The Fair Sentencing Act reduced the 100-to-1 ratio to an 18-to-1 ratio (28 g of crack gets as much time as 500 g of powder cocaine).This Act was signed into law by President Obama in 2010.

Question 14

What was one purpose of the First Step Act?

Answer 14

One purpose of the First Step Act was to reduce the federal prison population and provided for rehabilitative mechanisms that are intended to increase efficacy of treatment and improve public safety.

Question 15

What is the purpose of a presentence investigation (PSI) report?

Answer 15

The PSI assists judges in sentencing.

Question 16

Defendants cannot have access to their presentence investigation (PSI) reports.

Answer 16

False - The consensus is that defendants should be able to see what is written in their PSI. In many states, defendant have at least partial access to the their PSI.

Question 17

When sentencing someone, a judge may consider that defendant’s prior criminal record.

Answer 17

True - According to the sentencing guidelines, only the seriousness of the crime and the defendant’s prior record can be taken into consideration. A judge may only consider information that is legally relevant.

Question 18

Sentencing guidelines reflect Aristotle’s definition of justice.

Answer 18

True - Sentencing guidelines are consistent with what Aristotle said about justice. People who commit similar crimes receive similar sanctions.

Question 19

The ruling of United States v. Booker (2005) only applies to the federal system.

Answer 19

True - The Supreme Court case that defined judges as those who find law and jurors as those who find facts, United States v. Booker (2005) only applies to the federal system.

Question 20

Which case made sentencing guidelines advisory rather than mandatory?

Answer 20

United States v. Booker (2005) made sentencing guidelines advisory.