Race, Gender & Special Populations FINAL!

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chapters 7-10

To be fair, a sentencing scheme must allow the judge or jury____ to shape sentences to fit individuals and their crimes.

DISCRETION

The judge or jury must be free to consider all relevant aggravating and ____ circumstances.

MITIGATING

___ is a legally relevant factor that may very well be "race-linked".

CRIME SERIOUSNESS & PRIOR CRIMINAL RECORD

According to the research on disparity and sentencing, racial minorities are sentenced more harshly when the victim is ___.

WHITE

Research comparing the sentences of illegal immigrants to U.S. citizens has found that illegal immigrants are more likely to be sentenced to prison, but are more likely to ____

BE HISPANIC,NOT HAVE A HIGH SCHOOL DEGREE, CHARGED WITH AN IMMIGRATION OFFENSE, AND TO BE HELD IN CUSTODY PRIOR TO TRIAL

Some researchers, building on Kalven and Zeisel's "liberation hypothesis,"122 assert that minorities will be sentenced more harshly than whites in _____

LESS SERIOUS CASES

Auerhahn suggested that the offender's race and ethnicity would not have a direct effect on the length of the sentence. Rather, she hypothesized that harsher treatment would be reserved for minority defendants who more closely matched stereotypes of:

DANGEROUSNESS AND THREAT-THOSE WHO WERE YOUNG AND HELD IN CUSTODY PRIOR TO TRIAL

There is relatively little research testing for racial discrimination in the sentencing of individuals convicted of misdemeanor offenses. Because the lower courts where misdemeanor cases are handled usually have huge caseloads and informal, nonadversarial procedures for delivering what is often referred to as_______ , one might predict that the likelihood of racially disparate decisions would be even greater in these courts than in the more formal felony courts.

"ASSEMBLY-LINE JUSTICE"

The task of assessing the effect of race on sentencing is complicated by the _____, which critics contend has been fought primarily in minority communities.

WAR ON DRUGS

In 2003, the governor of ____commuted the sentences of all of the state's death row inmates to life in prison because of his concerns for systemic error.

ILLINOIS

Cruel and unusual punishments are prohibited by the____ Amendment to the U.S. Constitution.

EIGHTH

The U.S. Supreme Court condemned "arbitrary and wanton jury discretion" in: ____

FURMAN V GEORGIA

As a result of ___, the death penalty statutes in 39 states were invalidated.

THE FURMAN DECISION

____ affirmed the use of guided discretion in death penalty statutes.

GREGG V GEORGIA

Justice Thurgood Marshall suggested that public opinion data demonstrating widespread support for the death penalty should be given little weight in determining whether capital punishment is consistent with "evolving standards of decency."

TRUE

Researchers have raised questions about poll results concerning support for the death penalty, suggesting that such support is not absolute but depends on such things as the circumstances of the case, the character of the defendant, or:

THE ALTERNATIVE PUNISHMENTS THAT ARE AVAILABLE

A 2007 public opinion poll found that 70 percent of whites and____ percent of African Americans expressed support for the death penalty.

40

____ of racial discrimination in the capital sentencing process has been used to mount constitutional challenges to the imposition of the death penalty.

EVIDENCE?

Harold Garfinkel's study of North Carolina in the 1930s found evidence of racial disparity in the capital sentencing process. TRUE

TRUE

Studies of the use of capital punishment for the crime of rape reveal overt and pervasive discrimination against African Americans in the pre-Furman era.

TRUE

Post-Gregg studies of capital punishment generally find evidence of ___-based racial discrimination during the ______ stages of case processing:

VICTIM, CAPITAL SENTENCING

___ directly addressed the issue of victim-based racial discrimination in the application of the death penalty.

McCLESKLY V KEMP

The U.S. House of Representatives responded to McCleskey v. Kemp by adding the _____ to the Omnibus Crime Bill of 1994.

THE RACIAL JUSTICE ACT

_____ times as many whites attend college as are under correctional supervision.

TWO

The trend in prison admissions by race shows that the percentage of __ decreased from almost 80% in 1926 to less than 40% in 2010:

WHITES

The rate of incarceration for African American males was __ times higher than the rate for whites, while the Hispanic rate was ______ times higher than the rate for whites during the past two decades:

7, 2.5

Because of the jail's function as a pretrial detention center, jail population is heavily influenced by:

A HIGH RATE OF TURNOVER

Compared to other countries in the world, the United States consistently has an incarceration rate that is:.

HIGHER THAN ANY OTHER

Term used to refer to the statutory restrictions imposed by a legislative body on a convicted felon's rights:

COLLATERAL CONSEQUENCES

Carnegie Mellon professor who proposed the seminal formula for parsing the estimated portions of explained and unexplained variance in the overrepresentation of incarcerated minorities:

ALFRED BLUMSTEIN

In 2005, the homicide rate for young African American males was ______ times the rate for young white males and ____ times the rate for young white females:

6,26.4

The study by McNulty and Bellair shows that racial differences in violent offending _____once individual, situational, and community variables are taken into consideration:

DISAPPEAR

Juvenile homicide rates were highest in the U.S. during the:

1995 (1990s)

The small racial differences in outcomes at the initial stages of the process that accumulate and become more pronounced as minority youths are processed further into the juvenile justice system are known as:

CUMULATIVE DISADVANTAGE OR COMPOUND RISK

The U.S. Supreme Court guidance in Kent v. U.S. ensures that discrimination will not enter into adult waiver decisions:

TRUE

Contrary to official arrest records, alternate data sources indicate that there has been ______ change in the level of violence among girls over the past two decades.

LITTLE

Feminist theorists contend that female delinquency is driven by ____, especially events occurring during childhood:

VICTIMIZATION

Detaining or incarcerating girls through contempt of court or probation violations for underlying status offenses or minor delinquency:

BOOTSTRAPPING

The authors found that ____ had a greater influence on placement decisions for girls than boys:

TRAUMATIC EXPERIENCES

The main concern of the jury selection study was with racial disparities resulting from:

DEATH PENALTY OR RACIAL JUSTICE ACT

After controlling for other factors potentially relevant to jury selection, a black venire member had _________ times the odds of being struck by the state as did a venire member of another race:

more than 2

Number of states with a racial justice act:

2

Most defendants executed in the Pre-Furman era in North Carolina were __, while most defendants executed post-Gregg were __

BLACK SLAVES, WHITES

The authors found that, controlling for other legally relevant factors, the odds of receiving a death sentence for killing one or more White victims in North Carolina increased by a factor of ___:

2.96 OR 3%

The level of disproportionality in prison admissions NOT explained by arrest is highest for the following type of crimes:

DRUG OFFENSES

Region with the highest level of racial disproportionality in prison admissions:

MIDWEST

Findings from prior studies indicate that racial disparities in the juvenile justice system often result from decisions made during the ________ stages of processing:

EARLY

The ratio of unadjusted Black to White juvenile placement rates in U.S. juvenile institutions was about __________ during the previous decade:

3.1:1

The authors found that Black-White disproportionality in juvenile placement rates __ by 20% during 1997 to 2006:

DECREASED

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