3.8. Substantive Law: Punishment: Incarceration and Confinement Sanctions

Which of the following is described as a product of the legislative process regarding criminal punishment?

Which of the following is NOT listed as a type of confinement sanction?

According to the text, which sentencing approaches allow for the most judicial and parole board discretion?

What was the primary goal of the indeterminate sentencing approach that was common for much of the twentieth century?

What is the defining characteristic of a definite sentencing approach?

In which decade did state legislatures and Congress widely adopt sentencing guidelines in response to criticism of sentence disparities?

What are the two most important factors used in sentencing guideline schemes to formulate sentencing recommendations?

Under sentencing guidelines, what is a 'dispositional departure'?

What landmark act first established federal sentencing guidelines and applied to all federal crimes committed after November 1, 1987?

According to the text, a series of Supreme Court cases, including Apprendi v. New Jersey, found that sentencing guideline schemes violate the Sixth Amendment right to a jury trial when what occurs?

What is the primary effect of mandatory minimum sentences on the distribution of power in the criminal justice system?

The First Step Act, passed in December 2018, was a bi-partisan bill for criminal justice reform aimed at what?

What type of law did Congress pass in 1994 that included provisions for enhanced penalties for drug trafficking in prisons and for hate crimes?

What is the difference between concurrent and consecutive sentences?

What did the Supreme Court uphold in the 1997 case Kansas v. Hendricks?

According to the text, which branch of government is responsible for imposing a sentence and determining the appropriate punishment for an offender upon conviction?

Under an indeterminate sentencing approach, on what basis is an offender's release determined?

What key element distinguishes determinate sentencing from definite sentencing?

What is a presumptive sentence within a mandatory sentence guideline scheme?

What concern about sentencing guidelines is mentioned in the text?

What type of offenses are most mandatory minimum sentences for?

According to the Supreme Court's decision in Oregon v. Ice, who has the authority to decide whether sentences for discrete offenses shall be served consecutively or concurrently?

What federal law, enacted in 2010, allowed for civil commitment of a sexual offender after they have served their criminal sanction?

Which sentencing approach is described as a spectrum, with indefinite and indeterminate sentences at one end and determinate and definite sentences at the other?

What is 'split probation' as defined in the text?

The decline of popular support for what concept led most jurisdictions to abandon indeterminate sentencing?

What does a judge need to identify on the record to impose a sentence different from the presumptive sentence under mandatory guidelines?

What major federal entity was abolished by the Sentencing Reform Act of 1984?

Which of these confinement sanctions is noted as being effective at incapacitation but rarely effective at rehabilitation?

What type of sentencing is a mandatory minimum sentence considered to be?

In the context of the chapter, what is the primary role of the public in impacting criminal punishment?

What does an indefinite sentence require a judge to do?

Under a determinate sentencing scheme, what might allow a court to increase the term of a sentence?

What is the key feature of advisory sentencing guidelines?

According to the text, the Supreme Court's decision in Apprendi and its successors (Booker, Blakeley) impacted sentencing guideline schemes in what way?

How do mandatory minimum sentences interact with other sentencing guidelines?

What does the concept of civil commitment of violent sexual offenders entail?

In what year was the Violent Crime Control and Law Enforcement Act, which included penalty enhancements, passed by Congress?

The practice of determinate sentencing means that the defendant knows what information immediately upon being sentenced?

What did the Supreme Court conclude in Kansas v. Hendricks regarding the continued confinement of violent sexual predators?

According to the text, which branch of government's function may punishing offenders be considered, due to the shift of discretion to prosecutors in charging decisions?

What is the primary reason that, according to the text, prison is rarely effective at rehabilitation?

No jurisdiction currently embraces a pure definite sentencing approach for what reason?

What must a judge generally do when sentencing an offender to a term of incarceration that is different from the presumptive sentence under guideline sentencing?

What was the stated purpose of the Sentencing Reform Act of 1984?

It is possible for a judge to impose a sentence that exceeds the mandatory minimum on an offender for what reason?

What is the common-law tradition in most states regarding the decision to impose consecutive or concurrent sentences, as mentioned by Justice Ginsberg in Oregon v. Ice?

What is the name for the sanction that includes incarceration in boot camps, house arrest, and electronic monitoring?

What was the vote count in the U.S. Senate for the First Step Act on December 18, 2018?

In a determinate sentencing system, an offender's sentence can be reduced if the court finds what?