Corrections From Research to Policy to Practice by Stohr - Test Bank Instant Download - Complete Test Bank With Answers Sample Questions Are Posted Below Chapter 5: Sentencing: The Application of Punishment Test Bank Multiple Choice What is a punitive penalty ordered by the court after a defendant …
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Corrections From Research to Policy to Practice by Stohr – Test Bank
Instant Download – Complete Test Bank With Answers
Sample Questions Are Posted Below
Chapter 5: Sentencing: The Application of Punishment
Test Bank
Multiple Choice
Ans: D
Learning Objective: 5-1: Explain how modern sentencing engages Aristotle’s notion of justice.
Cognitive Domain: Knowledge
Answer Location: What Is Sentencing?
Difficulty Level: Easy
Ans: B
Learning Objective: 5-1: Explain how modern sentencing engages Aristotle’s notion of justice.
Cognitive Domain: Knowledge
Answer Location: What Is Sentencing?
Difficulty Level: Easy
Ans: C
Learning Objective: 5-1: Explain how modern sentencing engages Aristotle’s notion of justice.
Cognitive Domain: Knowledge
Answer Location: What Is Sentencing?
Difficulty Level: Easy
Ans: C
Learning Objective: 5-2: Describe the different types of sentencing and their rationales.
Cognitive Domain: Knowledge
Answer Location: Indeterminate Sentence
Difficulty Level: Easy
Ans: B
Learning Objective: 5-2: Describe the different types of sentencing and their rationales.
Cognitive Domain: Knowledge
Answer Location: Determinate Sentence
Difficulty Level: Easy
Ans: D
Learning Objective: 5-2: Describe the different types of sentencing and their rationales.
Cognitive Domain: Knowledge
Answer Location: Mandatory Sentence
Difficulty Level: Easy
Ans: D
Learning Objective: 5-2: Describe the different types of sentencing and their rationales.
Cognitive Domain: Knowledge
Answer Location: Concurrent and Consecutive Sentences
Difficulty Level: Easy
Ans: C
Learning Objective: 5-2: Describe the different types of sentencing and their rationales.
Cognitive Domain: Knowledge
Answer Location: Concurrent and Consecutive Sentences
Difficulty Level: Easy
Ans: A
Learning Objective: 5-2: Describe the different types of sentencing and their rationales.
Cognitive Domain: Knowledge
Answer Location: Habitual-Offender Statutes
Difficulty Level: Easy
Ans: A
Learning Objective: 5-2: Describe the different types of sentencing and their rationales.
Cognitive Domain: Knowledge
Answer Location: Alternatives to Incarceration
Difficulty Level: Easy
Ans: C
Learning Objective: 5-2: Describe the different types of sentencing and their rationales.
Cognitive Domain: Application
Answer Location: Habitual-Offender Statutes
Difficulty Level: Easy
Ans: B
Learning Objective: 5-2: Describe the different types of sentencing and their rationales.
Cognitive Domain: Application
Answer Location: Alternatives to Incarceration
Difficulty Level: Easy
Ans: D
Learning Objective: 5-2: Describe the different types of sentencing and their rationales.
Cognitive Domain: Application
Answer Location: Alternatives to Incarceration
Difficulty Level: Easy
Ans: A
Learning Objective: 5-4: Discuss the role of victim impact statements and the issues surrounding sentencing disparity.
Cognitive Domain: Comprehension
Answer Location: Sentencing Disparities: Legitimate and Illegitimate
Difficulty Level: Easy
Ans: C
Learning Objective: 5-4: Discuss the role of victim impact statements and the issues surrounding sentencing disparity.
Cognitive Domain: Knowledge
Answer Location: Sentencing for Crack Versus Powder Cocaine
Difficulty Level: Easy
Ans: B
Learning Objective: 5-4: Discuss the role of victim impact statements and the issues surrounding sentencing disparity.
Cognitive Domain: Knowledge
Answer Location: Sentencing for Crack Versus Powder Cocaine
Difficulty Level: Easy
Ans: D
Learning Objective: 5-4: Discuss the role of victim impact statements and the issues surrounding sentencing disparity.
Cognitive Domain: Knowledge
Answer Location: Sentencing for Crack Versus Powder Cocaine
Difficulty Level: Easy
Ans: A
Learning Objective: 5-5: Identify the purpose of presentence reports and sentencing guidelines, as well as the contentious issues surrounding them.
Cognitive Domain: Knowledge
Answer Location: The Presentence Investigation Report
Difficulty Level: Easy
Ans: C
Learning Objective: 5-5: Identify the purpose of presentence reports and sentencing guidelines, as well as the contentious issues surrounding them.
Cognitive Domain: Knowledge
Answer Location: The Presentence Investigation Report
Difficulty Level: Easy
Ans: D
Learning Objective: 5-5: Identify the purpose of presentence reports and sentencing guidelines, as well as the contentious issues surrounding them.
Cognitive Domain: Knowledge
Answer Location: The Presentence Investigation Report
Difficulty Level: Easy
Ans: A
Learning Objective: 5-5: Identify the purpose of presentence reports and sentencing guidelines, as well as the contentious issues surrounding them.
Cognitive Domain: Knowledge
Answer Location: Sentencing Guidelines
Difficulty Level: Easy
Ans: B
Learning Objective: 5-5: Identify the purpose of presentence reports and sentencing guidelines, as well as the contentious issues surrounding them.
Cognitive Domain: Knowledge
Answer Location: Sentencing Guidelines
Difficulty Level: Easy
Ans: C
Learning Objective: 5-5: Identify the purpose of presentence reports and sentencing guidelines, as well as the contentious issues surrounding them.
Cognitive Domain: Knowledge
Answer Location: Sentencing Guidelines
Difficulty Level: Easy
Ans: B
Learning Objective: 5-5: Identify the purpose of presentence reports and sentencing guidelines, as well as the contentious issues surrounding them.
Cognitive Domain: Knowledge
Answer Location: Sentencing Guidelines
Difficulty Level: Easy
Ans: A
Learning Objective: 5-5: Identify the purpose of presentence reports and sentencing guidelines, as well as the contentious issues surrounding them.
Cognitive Domain: Application
Answer Location: The Future of Sentencing Guidelines
Difficulty Level: Easy
Ans: D
Learning Objective: 5-5: Identify the purpose of presentence reports and sentencing guidelines, as well as the contentious issues surrounding them.
Cognitive Domain: Application
Answer Location: Various Pages
Difficulty Level: Medium
Ans: B
Learning Objective: 5-2: Describe the different types of sentencing and their rationales.
Cognitive Domain: Application
Answer Location: Alternatives to Incarceration
Difficulty Level: Easy
Ans: B
Learning Objective: 5-4: Discuss the role of victim impact statements and the issues surrounding sentencing disparity.
Cognitive Domain: Comprehension
Answer Location: Sentencing Disparities: Legitimate and Illegitimate
Difficulty Level: Easy
Ans: C
Learning Objective: 5-2: Describe the different types of sentencing and their rationales.
Cognitive Domain: Knowledge
Answer Location: Indeterminate Sentence
Difficulty Level: Easy
Ans: D
Learning Objective: 5-4: Discuss the role of victim impact statements and the issues surrounding sentencing disparity.
Cognitive Domain: Knowledge
Answer Location: Sentencing for Crack Versus Powder Cocaine
Difficulty Level: Easy
Ans: C
Learning Objective: 5-4: Discuss the role of victim impact statements and the issues surrounding sentencing disparity.
Cognitive Domain: Knowledge
Answer Location: Sentencing for Crack Versus Powder Cocaine
Difficulty Level: Easy
True/False
Ans: T
Learning Objective: 5-1: Explain how modern sentencing engages Aristotle’s notion of justice.
Cognitive Domain: Knowledge
Answer Location: What Is Sentencing?
Difficulty Level: Easy
Ans: F
Learning Objective: 5-1: Explain how modern sentencing engages Aristotle’s notion of justice.
Cognitive Domain: Knowledge
Answer Location: What is Sentencing?
Difficulty Level: Easy
Ans: F
Learning Objective: 5-2: Describe the different types of sentencing and their rationales.
Cognitive Domain: Knowledge
Answer Location: Determinate Sentence
Difficulty Level: Easy
Ans: F
Learning Objective: 5-2: Describe the different types of sentencing and their rationales.
Cognitive Domain: Knowledge
Answer Location: Indeterminate Sentence
Difficulty Level: Easy
Ans: T
Learning Objective: 5-2: Describe the different types of sentencing and their rationales.
Cognitive Domain: Knowledge
Answer Location: Habitual-Offender Statutes
Difficulty Level: Easy
Ans: F
Learning Objective: 5-2: Describe the different types of sentencing and their rationales.
Cognitive Domain: Knowledge
Answer Location: Alternatives to Incarceration
Difficulty Level: Easy
Ans: F
Learning Objective: 5-2: Describe the different types of sentencing and their rationales.
Cognitive Domain: Knowledge
Answer Location: Alternatives to Incarceration
Difficulty Level: Easy
Ans: T
Learning Objective: 5-4: Discuss the role of victim impact statements and the issues surrounding sentencing disparity.
Cognitive Domain: Knowledge
Answer Location: Sentencing Disparities: Legitimate and Illegitimate
Difficulty Level: Easy
Ans: F
Learning Objective: 5-4: Discuss the role of victim impact statements and the issues surrounding sentencing disparity.
Cognitive Domain: Knowledge
Answer Location: Sentencing Disparities: Legitimate and Illegitimate
Difficulty Level: Easy
Ans: F
Learning Objective: 5-4: Discuss the role of victim impact statements and the issues surrounding sentencing disparity.
Cognitive Domain: Knowledge
Answer Location: Sentencing for Crack Versus Powder Cocaine
Difficulty Level: Easy
Ans: F
Learning Objective: 5-5: Identify the purpose of presentence reports and sentencing guidelines, as well as the contentious issues surrounding them.
Cognitive Domain: Knowledge
Answer Location: The Presentence Investigation Report
Difficulty Level: Easy
Ans: F
Learning Objective: 5-5: Identify the purpose of presentence reports and sentencing guidelines, as well as the contentious issues surrounding them.
Cognitive Domain: Knowledge
Answer Location: The Presentence Investigation Report
Difficulty Level: Easy
Ans: T
Learning Objective: 5-5: Identify the purpose of presentence reports and sentencing guidelines, as well as the contentious issues surrounding them.
Cognitive Domain: Knowledge
Answer Location: The Presentence Investigation Report
Difficulty Level: Easy
Ans: T
Learning Objective: 5-5: Identify the purpose of presentence reports and sentencing guidelines, as well as the contentious issues surrounding them.
Cognitive Domain: Knowledge
Answer Location: Sentencing Guidelines
Difficulty Level: Easy
Ans: T
Learning Objective: 5-2: Describe the different types of sentencing and their rationales.
Cognitive Domain: Comprehension
Answer Location: Indeterminate Sentence
Difficulty Level: Easy
Ans: T
Learning Objective: 5-2: Describe the different types of sentencing and their rationales.
Cognitive Domain: Comprehension
Answer Location: Indeterminate Sentence
Difficulty Level: Easy
Ans: T
Learning Objective: 5-2: Describe the different types of sentencing and their rationales.
Cognitive Domain: Comprehension
Answer Location: Indeterminate Sentence
Difficulty Level: Easy
Ans: F
Learning Objective: 5-2: Describe the different types of sentencing and their rationales.
Cognitive Domain: Comprehension
Answer Location: Indeterminate Sentence
Difficulty Level: Easy
Ans: F
Learning Objective: 5-5: Identify the purpose of presentence reports and sentencing guidelines, as well as the contentious issues surrounding them.
Cognitive Domain: Comprehension
Answer Location: Sentencing Guidelines
Difficulty Level: Easy
Ans: T
Learning Objective: 5-3: Assess the benefits and criticisms of plea bargains.
Cognitive Domain: Comprehension
Answer Location: Plea Bargaining
Difficulty Level: Easy
Short Answer
Ans: A victim impact statement allows persons directly affected by the crime (or victims’ survivors in the case of murder) to inform the court of the personal and emotional harm they have suffered as a result of the defendant’s actions and, in some states, to make a sentencing recommendation.
Learning Objective: 5-4: Discuss the role of victim impact statements and the issues surrounding sentencing disparity.
Cognitive Domain: Comprehension
Answer Location: Victim Impact Statements
Difficulty Level: Easy
Ans: A prison sentence in which the actual number of years a person may serve is not fixed, but is rather a range of years.
Learning Objective: 5-2: Describe the different types of sentencing and their rationales.
Cognitive Domain: Comprehension
Answer Location: Indeterminate Sentence
Difficulty Level: Easy
Ans: A prison sentence of a fixed number of years that must be served rather than a range.
Learning Objective: 5-2: Describe the different types of sentencing and their rationales.
Cognitive Domain: Comprehension
Answer Location: Determinate Sentence
Difficulty Level: Easy
Ans: Two or more sentences that must be served sequentially.
Learning Objective: 5-2: Describe the different types of sentencing and their rationales.
Cognitive Domain: Knowledge
Answer Location: Concurrent and Consecutive Sentences
Difficulty Level: Easy
Ans: Two separate sentences are served at the same time.
Learning Objective: 5-2: Describe the different types of sentencing and their rationales.
Cognitive Domain: Knowledge
Answer Location: Concurrent and Consecutive Sentences
Difficulty Level: Easy
Ans: A commission charged with creating mandatory sentencing guidelines to control judicial discretion.
Learning Objective: 5-5: Identify the purpose of presentence reports and sentencing guidelines, as well as the contentious issues surrounding them.
Cognitive Domain: Knowledge
Answer Location: Sentencing Guidelines
Difficulty Level: Easy
Ans: Statutes mandating that offenders with a third felony conviction be sentenced to life imprisonment regardless of the nature of the third felony.
Learning Objective: 5-2: Describe the different types of sentencing and their rationales.
Cognitive Domain: Knowledge
Answer Location: Habitual-Offender Statutes
Difficulty Level: Easy
Ans: Scales for numerically computing sentences that offenders should receive based on the crime they committed and on their criminal records.
Learning Objective: 5-5: Identify the purpose of presentence reports and sentencing guidelines, as well as the contentious issues surrounding them.
Cognitive Domain: Comprehension
Answer Location: Sentencing Guidelines
Difficulty Level: Easy
Essay
Ans: Habitual offender statutes are statutes mandating that offenders with a third felony conviction be sentenced to life imprisonment regardless of the nature of the third felony. This is a way of selectively incapacitating felons only after they have demonstrated the inability to live by society’s rules. Few of us would be against the lifetime incarceration of seriously violent offenders, but many states include relatively minor nonviolent crimes in their habitual status offenders. The last part of the essay question is subjective
Learning Objective: 5-2: Describe the different types of sentencing and their rationales.
Cognitive Domain: Comprehension
Answer Location: Habitual-Offender Statutes
Difficulty Level: Easy
Ans: Shock probation is a type of sentence aimed at shocking offenders into going straight by exposing them to the reality of prison life for a short period followed by probation. Shock probation is typically reserved for young, first-time offenders who have committed a relatively serious felony but who are considered redeemable. Split sentences are sentences that require felons to serve brief periods of confinement in a county jail prior to probation placement. Jail time may have to be served all at once or spread over a certain period, such as every weekend in jail for the first year of probation placement. Second part of the essay is subjective.
Learning Objective: 5-2: Describe the different types of sentencing and their rationales.
Cognitive Domain: Comprehension
Answer Location: Alternatives to Incarceration
Difficulty Level: Easy
Ans: One of the biggest concerns in the sentencing disparity literature is the huge differences in sentencing received by crack possession versus sentences imposed on possession of powder cocaine. Of particular concern was the difference in sentencing imposed on those who used or sold the cheaper crack cocaine, who tended to be minority group offenders, particularly African Americans, versus those who used or sold powder cocaine, which tended to be more expensive and more likely used and trafficked by White offenders. In 1988, Congress passed the Anti-Drug Abuse Act, which established a 100-to-1 quantity ratio differential between powder and crack cocaine. That act also specified that simple possession of crack cocaine was to be treated more seriously than the simple possession of other illegal drugs. According to a U.S. Sentencing Commission Report to Congress in 1995, in 1986 Congress was reacting to media hype about how addictive crack was, with congressional members claiming crack use was at “epidemic” levels, crack babies were severely impaired, and about crime related to crack use was out of control in some cities. At the time of this 1995 report, the Commission knew that “88.3 percent of the offenders convicted in federal court for crack cocaine distribution in 1993 were Black and 7.1 percent were Hispanic,” and critics were concerned that instead of fair and evenhanded sentences for all, the effect of the Anti-Drug Act was to be unfair and harsh in sentencing of racial minorities. Criticisms of the different treatment of people convicted of possession of pharmacologically identical drugs resulting in the increased incarceration of minorities for longer periods of time mounted to the point where Congress had to do something. In 2009, a Fair Sentencing Act was introduced and passed by Congress and signed into law by President Obama on August 3rd, 2010. Under the act, the amount of crack cocaine subject to the 5-year minimum sentence is increased from 5 g to 28 g, thus reducing the 100-to-1 ratio to 18-to-1 ratio (28 g of crack gets as much time as 500 g of powder cocaine). Thus, there is still a large sentencing differential between possessors of crack versus possessors of powder cocaine. This ratio probably reflects lawmaker’s perceptions that crack is more intimately related to violence (in territorial battles) and to a higher probability of addiction than the powder variety. Second part of essay is subjective.
Learning Objective: 5-4: Discuss the role of victim impact statements and the issues surrounding sentencing disparity.
Cognitive Domain: Analysis
Answer Location: Sentencing for Crack Versus Powder Cocaine
Difficulty Level: Hard
Ans: The circumstances of the case are that Freddie Booker was arrested in 2003 in possession of 92.5 g of crack cocaine. He also admitted to police that he had sold an additional 566 g. A jury found Booker guilty of possession with intent to sell at least 50 g, for which the possible penalty ranged from 10 years to life. At sentencing, the judge used additional information (the additional 566 g and the fact the Booker had obstructed justice) to sentence Booker to 30 years. Booker’s sentence would have been 21 years and 10 months based on the facts presented to the jury and proved beyond a reasonable doubt. Booker appealed his sentence, arguing that his Sixth Amendment rights had been violated by the judge “finding facts” when this is the proper role of the jury. An earlier federal appeals court had ruled that the facts of prior convictions are the only facts judges can “find” as justification for increasing sentencing. In other words, anything other than prior record that is used to increase a criminal penalty beyond what the guidelines call for must be submitted to a jury and proved beyond a reasonable doubt. The Supreme Court agreed with Booker that his sentence violated the Sixth Amendment and sent the case back to District Court with instructions either to sentence Booker within the sentencing range supported by the jury’s findings or to hold a sentencing hearing before a jury (Bissonnette, 2006). The remedial portion of the Court’s opinion (what can be done to prevent this happening again?) is much more controversial. The Court held that the guidelines were to be advisory only, and therefore no longer binding on judges. However, the Court did require them to “consult” the guidelines and take them into consideration, but there is no way of assuring that judges comply. John Ashcroft, the U.S. Attorney General at the time, called the decision “a retreat from justice,” and Congressman Tom Feeney decried, “The extraordinary power to sentence” now afforded federal judges who are accountable to no one, said that the decision “flies in the face of the clear will of Congress” (Bissonnette, 2006, p. 1499). In fact, Booker was resentenced by the same judge to the same 30-year sentence that he originally received. Because the sentencing guidelines had then become merely advisory, the judge did not have to further justify his sentence since it was within the range of the statutorily defined penalty. The Court’s ruling on guidelines only applies to the federal system at present.
Learning Objective: 5-5: Identify the purpose of presentence reports and sentencing guidelines, as well as the contentious issues surrounding them.
Cognitive Domain: Analysis
Answer Location: The Future of Sentencing Guidelines
Difficulty Level: Hard
Ans: Sentencing disparity occurs when there is wide variation in sentences received by different offenders. This disparity is legitimate if it is based on considerations such as crime seriousness and/or prior record, but discriminatory if it is not. We think of sentencing disparity as discriminatory if differences in punishment in cases in which no rational justification can be found for it. The biggest concern is racial discrimination. There is no doubt that the American criminal justice system has a dark history of racial discrimination, but does this indictment still apply? African Americans receive harsher sentences on average than White or Asian American offenders, a fact often seen as racist. Sentencing variation is reasonable and just if the group being more harshly punished commits more crimes than other groups, but discriminatory and unjust if they do not. The second part of the essay is subjective.
Learning Objective: 5-4: Discuss the role of victim impact statements and the issues surrounding sentencing disparity.
Cognitive Domain: Analysis
Answer Location: Sentencing Disparities: Legitimate and Illegitimate
Difficulty Level: Hard
Ans: (i) A reduction in sentencing disparity.
(ii) More uniform and consistent sentencing.
(iii) A more open and understandable sentencing process.
(iv) Decreased punishment for certain categories of offenses and offenders and increased it for others.
(v) Aid in prioritizing and allocating correctional resources.
(vi) Provision of rational basis for sentencing and increased judicial accountability.
Learning Objective: 5-5: Identify the purpose of presentence reports and sentencing guidelines, as well as the contentious issues surrounding them.
Cognitive Domain: Knowledge
Answer Location: Sentencing Guidelines
Difficulty Level: Easy
Ans: Because the future of a defendant depends to a great extent on the content of the report, the information contained therein should be reliable and objective. All pertinent information must be verified by cross-checking with more than one source, and that source should be reliable. The officer must be careful in the terms he or she uses to describe the offender. The use of phrases such as “morally bankrupt” or “sweet young lady” may reveal more about the officer’s attitudes and values rather than the defendant’s character. It is feared that if victims and other informants from whom the investigating officer has sought information know that the offender will see their comments, they will refuse to offer their information, thus the judge will not have complete information on which to make the sentencing decision.
Learning Objective: 5-5: Identify the purpose of presentence reports and sentencing guidelines, as well as the contentious issues surrounding them.
Cognitive Domain: Analysis
Answer Location: The Presentence Investigation Report
Difficulty Level: Medium
Ans: Demographic information, circumstances of the offense, defendant’s version, prior record, present family status, present employment or support, physical health, mental health, evaluative summary, sentence recommendation. Second part of the essay question is subjective
Learning Objective: 5-5: Identify the purpose of presentence reports and sentencing guidelines, as well as the contentious issues surrounding them.
Cognitive Domain: Analysis
Answer Location: The Presentence Investigation Report
Difficulty Level: Hard
Original price was: $30.00.$20.00Current price is: $20.00.
Original price was: $30.00.$20.00Current price is: $20.00.
Original price was: $30.00.$20.00Current price is: $20.00.
Original price was: $30.00.$20.00Current price is: $20.00.
Original price was: $30.00.$20.00Current price is: $20.00.
Original price was: $30.00.$20.00Current price is: $20.00.
