Corrections The Essentials 2nd Edition Stohr Test Bank 1

Stohr/Walsh, Corrections: A Text/Reader (Second Edition) Instructor Resources
Corrections The Essentials 2nd Edition by Stohr

ISBN 1483372243 9781483372242
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1. What is a punitive penalty ordered by the court after a defendant has been convicted of a crime,
either by a jury, a bench trial, by a judge or in a plea bargain?
a. Conviction
b. Justice
c. Revenge
*d. Sentence
Answer location: p. 72
2. A moral concept that is difficult to define, but in essence means to treat people in ways consistent
with norms of fairness and in accordance with what they justly deserve by virtue of their behavior is
known as what?
a. Conviction
*b. Justice
c. Revenge
d. Sentence
3. Who provided the following definition: “Justice consists of treating equals equally, and unequals
unequally according to relevant differences”?
a. Plato
b. Beccaria
*c. Aristotle
d. Homer
4. What type of sentence is one in which the actual number of years a person may serve is not fixed, but
is rather a range of years?
a. Split
b. Determinate
*c. Indeterminate
d. Mandatory
5. What type of sentence means that convicted criminals are given a fixed number of years they must
serve rather than a range?
1
a. Split
*b. Determinate
c. Indeterminate
d. Mandatory
6. What type of sentence can exist in the context of both determinate and indeterminate sentencing
structures and simply means that probation is not an option and that the minimum time be set by law?
(p. 74)
a. Split
b. Determinate
c. Indeterminate
*d. Mandatory
7. What type of sentences are two sentences ordered to be served at the same time?
a. Split
b. Determinate
c. Consecutive
*d. Concurrent
8. What type of sentences are two or more sentences that must be served sequentially?
a. Split
b. Determinate
*c. Consecutive
d. Concurrent
Answer location: p. 74-75
9. Which statutes are derived from the same punitive atmosphere that led to truth in sentencing
statutes?
*a. Habitual offender
b. Truth in sentencing
c. Life without parole
d. None of the above
10. What type of sentence exposes offenders to the reality of prison life for a short period of time,
followed by probation?
*a. Shock probation
b. Split sentences
c. Non-custodial sentences
d. Drug court
11. Which type of sentences may seem popular with the public at large until they get the bill?
a. Habitual offender
b. Truth in sentencing
2
*c. Life without parole

d. None of the above
12. Which type of sentence requires felons to serve brief periods of confinement in a county jail prior to
placement on probation?
a. Shock probation
*b. Split sentences
d. Drug court
13. Which type of sentence requires participants to be involved in an intensive treatment program that
lasts about one year?
a. Shock probation
b. Split sentences
*d. Drug court
14. What occurs when there is a wide variation in sentences received by different offenders?
*a. Sentencing disparity
b. Fair Sentencing Act
c. Anti-Drug Abuse Act
d. U.S. Sentencing Commission Report to Congress
15. What established a 100 to 1 quantity ratio differential between powder and crack cocaine?
a. Sentencing disparity
*c. Anti-Drug Abuse Act
16. What increased the amount of cocaine subject to the five year minimum sentence from five grams
to 28 grams?
*b. Fair Sentencing Act
17. Congress reacted to media hype about how addictive crack was based on what?
*d. U.S. Sentencing Commission Report
3
18. What is used to assist judges in making sentencing recommendations?

*a. Presentence investigation reports
b. Sentencing files
c. Investigation reports
d. Judge’s reports
19. A presentence investigation report is generally written by whom?

a. The judge
b. The judge’s clerk
*c. The probation officer
d. The parole officer
20. How many states currently require disclosure of the presentence investigation report?
a. 10
b. 14
c. 15
*d. 16
21. What was charged with the task of creating mandatory sentencing guidelines?
*a. United States Sentencing Commission
b. Sentencing guidelines
c. Sentencing disparity
d. Fair Sentencing Act
22. Forms containing scales that come with a set of rules for numerically computing sentences that
offenders should receive based on the crime they committed and their criminal records are known as
what?
a. United States Sentencing Commission
*b. Sentencing guidelines
c. Sentencing disparity
d. Fair Sentencing Act
23. The creation of the sentencing guidelines intended to do what?

a. Create judicial bias
b. Help determine guilt or innocence
*c. Reign in judicial discretion
d. Classify offenders into institutions
24. Sentencing guidelines are now , meaning that judges can consult them and follow them or not.
a. Presumptive
*b. Advisory
4
c. Mandatory
d. Wishful thinking
e. None of the above
25. In which Supreme Court case did the court rule that the federal sentencing guidelines were no
longer to be binding on the states?
*a. United States v. Booker
b. Apprendi v. New Jersey
c. Blakely v. Washington
d. Rita v. United States
26. Which of the following factors can affect a judge’s decision when sentencing a defendant?
a. Seriousness of crime
b. Prior record
c. Offender cooperation
*d. All of the above
Answer location: whole chapter
27. What type of sentence is work release, whereby a person is consigned to a special portion of the jail
on weekends and nights, but released to go to work during the day?
a. Shock probation
*b. Split sentences
d. Drug court
28. What is reasonable and just if the members of a group being more harshly punished commit more
crimes than the individual members of other groups, but discriminatory and unjust if they do not?
*b. Sentencing variation
c. Fair Sentencing Act
d. Presentence report
29. Truth-in-sentencing laws require that there be a truthful, realistic connection between the custodial
sentence imposed on offenders and the time they actually serve, and they mandate that inmates serve
at least _____ % of their sentences before becoming eligible for release. (c )
a. 20
b. 45
*c. 85
d. 60
30. A Fair Sentencing Act was introduced and passed by Congress, and was signed into law by which
president?
5
a. Clinton
b. Bush
c. Regan
*d. Obama
31. How many states today maintain sentencing disparities between crack and powder cocaine?
a. None
b. 4
*c. 12
d. 26
32. Sentencing in four major comparison countries differ radically. The most brutal sentences are
handed out in which country?
a. China
b. United Kingdom
*c. Saudi Arabia
d. France
33. Which of the following may be found within a PSI report?

a. Circumstances of the offense
b. Prior record
c. Present family status
*d. All of the above
34. True or False? Sentencing refers to a post-conviction stage of the criminal justice process.
*a. True
b. False
35. True or False? Justice is a moral concept that is easy to define.

a. True
*b. False
36. True or False? The determinate sentencing model prevailed most strongly under the so called
“medical model.”
a. True
*b. False
37. True or False? Under indeterminate sentencing, offenders know how much time they will serve.
a. True
*b. False
6
38. True or False? The habitual offender statute is a way of selectively incapacitating felons only after
they have demonstrated the inability to live by society’s rules.
*a. True
b. False
39. True or False? Shock probation is typically reserved for chronic offenders.
a. True
*b. False
40. True or False? In addition to saving the states many millions of dollars in jail and prison costs, drug
courts appear to be unsuccessful in reducing recidivism.
a. True
*b. False
41. True or False? The biggest concern with sentencing disparity is racial discrimination.
*a. True
b. False
42. True or False? Asian Americans receive harsher sentences on average than Whites or African
Americans.
a. True
*b. False
43. True or False? In 1988, Congress passed the U.S. Sentencing Commission Report which established a
100 to 1 quantity ratio differential between powder and crack cocaine.
a. True
*b. False
44. True or False? The PSI is not an important document in regards to sentencing.
a. True
*b. False
45. True or False? In the federal system, probation officers create the PSI.
a. True
*b. False
46. True or False? In a PSI, generally officers make sentencing recommendations to the judge.
*a. True
7
b. False
47. True or False? Prior to 1984, federal judges enjoyed almost unlimited sentencing discretion as long
as they stayed within the statutory maximum penalties.
*a. True
b. False
48. True or False? Truth-in-sentencing laws have led to longer sentences.

*a. True
b. False
49. True or False? An indeterminate sentence is a range of years.

*a. True
b. False
50. True or False? In a determinate sentence, offenders are given a fixed number of years.
*a. True
b. False
51. True or False? Indeterminate sentences are also known as fixed sentences.
a. True
*b. False
52. True or False? Sentencing guidelines are now mandatory in the federal system.
a. True
*b. False
53. True or False? Drug court has a high rate of recidivism.

a. True
*b. False
Type: E
54. What is the definition of justice provided by Aristotle?
*a. “treating equals equally and unequals unequally according to relevant differences”
Type: E
55. What is indeterminate sentencing?
*a. A prison sentence in which the actual number of years a person may serve is not fixed, but is rather a
range of years
8
Type: E
56. What is determinate sentencing?
*a. A prison sentence of a fixed number of years that must be served rather than a range
Type: E
57. Define the term consecutive sentencing.
*a. Two or more sentences that must be served sequentially
Type: E
58. Define the term concurrent sentencing.
*a. Two separate sentences are served at the same time
Type: E
59. What was the purpose of the United States Sentencing Commission?
*a. A commission charged with creating mandatory sentencing guidelines to control judicial discretion
Type: E
60. Define the term habitual offender statutes?
*a. Statutes mandating that offenders with a third felony conviction be sentenced to life imprisonment
regardless of the nature of the third felony
Type: E
61. What are sentencing guidelines?
*a. Scales for numerically computing sentences that offenders should receive based on the crime they
committed and on their criminal records
Type: E
62. What is the purpose of problem-solving courts?
*a. Problem solving courts are alternatives to traditional criminal courts that cannot adequately address
the problems of offenders with special needs and other issues such as alcoholism or mental health
problems.
Type: E
63. What is a victim impact statement?
*a. A statement made by persons directly made by persons directly affected by a 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.
9
Type: E
64. Discuss habitual offender statutes. What are they? How do you feel they have affected sentencing
today?
*a. 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
Type: E
65. Compare and contrast a sentence of shock probation versus a split sentence. Which would you want
if you could choose and why?
*a. 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.
Type: E
66. Why do drug courts appear to be successful in reducing recidivism? Do you agree or disagree with
their implementation? Why?
*a. The U.S. Department of Justice provides a 10 component model that agencies should implement if
they want an effective drug court.
1. Drug courts integrate alcohol and other drug treatment services with justice system case processing.
2. Using a non-adversarial approach, prosecution and defense counsel promote public safety while
protecting participants’ due process rights.
3. Eligible participants are identified early and promptly placed in the drug court program.
4. Drug courts provide access to a continuum of alcohol, drug, and other related treatment and
rehabilitation services.
5. Abstinence is monitored by frequent alcohol and other drug testing.
6. A coordinated strategy governs drug court responses to participants’ compliance.
7. Ongoing judicial interaction with each drug court participant is essential
8. Monitoring and evaluation measure the achievement of program goals and gauge effectiveness.
9. Continuing interdisciplinary education promotes effective drug court planning, implementation, and
operations.
10. Forging partnerships among drug courts, public agencies, and community-based organizations
generates local support and enhances drug court effectiveness.
Second part of the essay is subjective
Type: E
67. Discuss the issues between crack versus powder cocaine. Do you believe the sentencing ratio should
remain where it is? Why or why not?
10
*a. 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 grams to 28 grams, thus
reducing the 100-to-1 ratio to 18-to-1 ratio (28 grams of crack gets as much time as 500 grams 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.
Type: E
68. Discuss the case of United States v. Booker (2005). What did this case do to the sentencing
guidelines as they were first implemented?
*a. The circumstances of the case are that Freddie Booker was arrested in 2003 in possession of 92.5
grams of crack cocaine. He also admitted to police that he had sold an additional 566 grams. A jury
found Booker guilty of possession with intent to sell at least 50 grams, for which the possible penalty
ranged from 10 years to life. At sentencing, the judge used additional information (the additional 566
grams 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
11
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.
Type: E
69. Discuss sentencing disparity. Give an example of legitimate sentencing disparity and illegitimate
sentencing disparity in your discussion.
*a. 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
70. Compare and contrast truth in sentencing versus mandatory sentencing. If you were incarcerated,
which would you prefer and why?
*a. Truth-in-sentencing laws are laws that require there be a truthful, realistic connection between the
sentences imposed on offenders and the time they actually serve. Mandatory sentence is a prison
sentence imposed for crimes for which probation is not an option, where the minimum time to be
served is set by law.
Second part of essay is subjective
Type: E
71. Name the six outcomes consistent with Aristotle’s definition of justice regarding the sentencing
guidelines, according to Lubitz and Ross (2001).
*a. 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
Type: E
72. Discuss some of the controversies associated with the PSI report.
12
*a. 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.
Type: E
73. What information is included in the presentence investigation report? Do you think all of this
information should be included?
*a. 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
13

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Stohr/Walsh, Corrections: A Text/Reader (Second Edition) Instructor Resources

Corrections The Essentials 2nd Edition by Stohr

*c. Life without parole

18. What is used to assist judges in making sentencing recommendations?

19. A presentence investigation report is generally written by whom?

23. The creation of the sentencing guidelines intended to do what?

33. Which of the following may be found within a PSI report?

35. True or False? Justice is a moral concept that is easy to define.

Answer location: p. 73-74

48. True or False? Truth-in-sentencing laws have led to longer sentences.

49. True or False? An indeterminate sentence is a range of years.

53. True or False? Drug court has a high rate of recidivism.

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