Questions and All Correct Answers.
Sentencing discrimination exists when: - Answer Some illegitimate attribute is associated with
the sentencing outcome after all legally relevant variables have been considered.
What sentencing guidelines require a judge to provide an explanation for any deviation? -
Answer Presumptive sentencing guidelines
Federal judges in virtually all states have ordered state governments to dramatically alter the
way in which they operate their prisons. These court orders have specified: - Answer All of the
above
Disparity refers to inconsistencies in sentencing. What is the principal topic of interest in
disparity? - Answer The sentencing process
Differences in sentencing caused by different laws in different jurisdictions or differences in
judicial attitudes toward sentencing is called sentencing: - Answer Disparity
Collectively, research supports the proposition that which of the following groups are sentenced
more harshly than any other group? - Answer Young, poor, African-American and Hispanic
males.
One of the alternatives to institutional incarceration is intermediate sanctions. According to the
chapter, intermediate sanctions include: - Answer all of the above
Which of the following statements is not true of a presentence investigation report? - Answer
It is prepared prior to trial to assist the court in ruling on a lawyer's motions.
What branch of government typically carries out sentences? - Answer The executive branch
What branch of government has the authority to choose among sentencing options? - Answer
Then judicial branch
, Jeremy Bentham - Answer Deterrence. People seek the maximum amount of pleasure and the
least amount of pain
Hedonistic calculus - Answer A principle of utilitarian philosophy that posits that humans seek
pleasure and avoid pain. this principle plays an important role in deterrence theory insofar as
rational thinkers will seek to avoid the pain that criminal punishment will inflict upon them by
avoiding lawbreaking behaviors if and only if the pain of punishment outweighs the pleasure
that would be gained through the commission of crime.
Utilitarian Principle - Answer the greatest good for the greatest amount of people.
Deterrence - Answer Prevention is more important than punishment. 3 major elements:
Certainty, Severity, Celerity(swiftness)
Lex Talionis - Answer an eye for an eye. Retribution-they deserve to be punished
Just Deserts - Answer the offender justly deserves to be punished for their transgressions.
society has the obligation to punish proportionally all violations of criminal law
Retribution - Answer the severity of the punishment should be no more or less than they
deserve
The decline of rehabilitation (1970s) - Answer High recidivism rates. Robert Martinson
"nothing works". Provided conservative political coverage to abandon philosophy.
Indeterminate sentencing
What 2 stages are there for sentencing processes? - Answer Prison or probation
how long will the prison sentencing be?
what is the most important factor in setting "going rates" to typical crimes? the second? -
Answer seriousness of offense
Criminal History
Aggravating Circumstances - Answer Specific characteristics of a crime that may increase the