Chapter 11 Exam

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Expanding judicial discretion

A judge can depart from mandatory minimums for drug crimes when there was no violence or threat of violence. This is an example of what mandatory minimum reform?

Specific deterrence

A judge sentenced Robbie to six years in prison, the maximum required by law. He told Robbie he hoped that this would persuade him to get on the "straight and narrow" after release. What goal of sentencing does this most closely resemble?

departure

A(n) ___________ is a stipulation in many federal and state sentencing guidelines that allows a judge to adjust his or her sentencing decision based on the special circumstances of a particular case.

Truth-in-sentencing

Charles was convicted of second-degree murder. Recently in Colorado, individuals convicted of this have been released earlier than the public would like. In response to this, Colorado has recently adopted a law that requires those convicted of violent felonies to spend at least 85% of their sentence behind bars, and Charles was the first sentenced under this. What type of law is this?

Mitigating circumstances

Claire was arrested and convicted for burglarizing several homes. During the trial, it was revealed that she committed these burglaries because she, along with her two kids, was about to be evicted, and she was trying to come up with the money. The judge sentenced her to below the minimum sentence, stating he sympathized with Claire. What was the judge considering?

rational

General deterrence does not have success because it assumes, often incorrectly, that most people are_______________.

rehabilitation

Many jurisdictions are turning to __________ because of its cost-effectiveness.

chivalry effect

Research suggests that the __________, the belief that women should be treated more leniently than men, plays a role in the lighter sentences received by females.

disparity

Sentencing ___________ occurs when those convicted of similar crimes do not receive similar sentences.

sentencing guidelines

To reduce judicial discretion, many states have implemented________.

Roper v. Simmons

What Supreme Court ruling banned the execution of juveniles?

McCleskey v. Kemp

What Supreme Court ruling determined there was not enough evidence to prove the death penalty discriminatory?

Furman v. Georgia

What Supreme Court ruling helped create the bifurcated sentencing process for capital punishment?

Ring v. Arizona

What Supreme Court ruling stated that it was a violation of a defendant's Sixth Amendment rights that the judge alone determined whether the defendant was executed?

The seriousness of the offense

What is the most important factor the judge takes into account when sentencing?

Retribution

What philosophy of sentencing believes that those who commit criminal acts should be punished for breaking society's laws to the extent required by just deserts?

Capital punishment

What type of sentence do juries most often get to impose?

Arbitrariness

Whether or not a person receives the death penalty seems to fall heavily on the quality of the defense attorney. Which issue of the capital punishment debate does this fall under?

Race/ethnicity

Which of the following is a factor in sentencing discrimination?

The parole board

Who or what determines how long an inmate stays in prison under indeterminate sentencing?

The parole officer

Who writes the presentence investigation report?

Determinate sentencing

_________ is the imposition of a sentence that is fixed by a sentencing authority and cannot be reduced by judges or other corrections officials.

Habitual offender laws

__________ are statutes that require lengthy prison sentences for those who are convicted of repeated felonies.

Restorative justice

__________ is an approach to punishment designed to repair the harm done to the victim and the community by the offender's criminal act.

Incapacitation

____________ is a strategy for preventing crime by detaining wrongdoers in prison, thereby separating them from the community and reducing criminal opportunities.


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