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Criminal Just. Ch 9

Ch. 9 Appeals and the Death Penalty

QuestionAnswer
Restitution Money or services paid by offender to the victims, survivors, or the community
Dead Time Jail time deducted from the sentence
Time Served Time imposed by the judge that closely matches the time already spent incarcerated
* Name the 6 types of Sentencing types Determinate, Indeterminate, Flat-Time, Good Time, Mandatory, and Presumptive.
Determinate Sentence vs Indeterminate Sentence Determinate Sentence is a Sentence with a fixed period of time. Indeterminate Sentence has a fixed minimum and maximum but gives judge more discretion.
Why would a determinate sentence be considered humane? Prisoners know exactly when they are to be released
Name the three types of determinate sentences. 1. Flat Time, 2. Mandatory Sentencing and 3. Presumptive Sentencing
Flat Time Sentencing Judge can choose probation or imprisonment. If imprisonment is chosen, no discretion in the amount of time to be served and no possibility of sentence reduction.
Mandatory Sentencing A specified number of years is in prison is mandated. Can not get paroled under this type of sentence but can can gain early release for Good Time.
Good Time The number of days deducted from a sentence for good behavior.
Under this type of sentencing law, inmates are required to serve a substantial amount of the sentence. Usually 85% Truth in Sentencing laws.
Presumptive Sentencing Allows judge to retain some sentencing discretion subject to appellate review.
In today's law and order punish the criminal climate, which form of sentencing is more prevalent? Determinate sentencing.
What are 3 to 4criticisms of determinate sentencing? 1. Creates high prison populations, 2. Produces a harsh prison system, 3. Shifts sentencing discretion to the legislatures and prosecutors. 4. Shifts discretion to correctional personnel.
What are some criticisms of indeterminate sentencing Judicial disparity in sentencing results in discrimination against people of color and judges vary widely on sentencing based on personal bias and emotion .
What are the 5 reasons historically given for punishments imposed by the courts? Deterrence, Incapacitation, Retribution, Rehabilitation, and Restoration.
*Incapacitation The removal or restriction of those found in violation of the law, primarily achieved by imprisonment.
*Name the two forms of Deterrence Specific Deterrence (Preventing the individual from committing crime by punishing that individual) General Deterrence (Making examples of the individual will deter the general public fro committing crime)
*Retribution is? repayment for an offense.
This concept of retribution is more vindictive than revenge but supposedly lacks the emotional element of vengeance... The concept of Just Desserts
*Rehabilitation Correction of criminal behavior via educational,therapeutic, or vocational treatments.
*What is Restoration? When did this start to become a popular goal of criminal punishment? Concept of doing something for the victims or their survivors to make them whole again. Started gaining popularity in the 1980's.
In the early 80's, only 4 states had victims rights laws. Currently, how many states have such laws on the books? All of them. The Federal Gov't. also has passed legislation in tis area.
In the 1991SC case (Payne vs Tennessee), what did the court decide was now admissable and no longer irrelevent or inflammatory? Victim Impact Statements
What is the difference between Restrictive vs Restorative punishment? Restrictive punishment focuses on the criminal and his/her offenses while Restorative punishment focuses on healing the community, repairing the harm done, and meeting victims needs.
What is a Presentence Investigation Report? Who prepares these reports? Reports to help judges determine appropriate sentences. Prepared by the probation officer.
True or False. Judges are mandated to follow the sentencing suggestions of the PSIRs. False. Although judges do follow the sentencing recommendations most of the time, they are NOT required to do so.
Convicted defendants are allowed to address the court to deny or explain information in the PSI prior to sentencing especially if the guilt finding was based on the information in the report. This is called..... Allocution
What is the difference between Parole and Pardon Parole is a conditional release. A pardon is a forgiveness for the crime and and stops the criminal proceeding.
True or False. Defendants do not have the right to argue their innocence during allocution even if they never spoke during their trial. True.
How long after conviction does the defendant have to file a notice of intent to appeal? 30 to 90 days.
Who are Capt. George Kendell (1608) and Jane Champion (1866)? The first man and the first woman executed in America.
What are the 5 current methods of execution? Electrocution, Injection, Gassing, Hanging, and Firing Squad.
What was significant about the Furman Decision Court stated that the way capitol punishment was administered was unconstitutional because the juries had complete discretion on whether to impose the death penalty or lesser punishment in a capital case.
What were the two legal fixes the states enacted in response to the Supreme Courts Furman findings? 1. Some states enacted mandatory statutes for conviction of certain types of crime, 2. Other states gave specific guidelines to judges and juries to determine if the death penalty was appropriate.
What did the courts decide in the Gregg decision? Court held that guided discretion, because it gave juries some guidance but also allowed them to consider defendant background, character, and circumstances of the crime, made capital punishment legal.
What was the impact of the Gregg decision? allowed for the resumption of executions in january 1977.
True or False. Since the Furman decision, more Blacks were executed than Whites. False. 56% executed were white compared to 35% black. But Blacks as a percentage of the population (13%) are drastically over represented.
When the victim for the capitol punishment is white (80%), the death penalty is evenly spilt amongst the perpetrators. What percentage of White defendants face execution when their victim is Black? 2%
Bifurcated Trial Separate phases for the prosecution of the defendant and for the penalty phase.
What is the difference between aggravating factors vs mitigating factors in death sentencing Aggravating factors increase the blameworthiness of the criminal act, mitigating factors, do not excuse the blameworthiness, but does reduce the degree of blame.
Proportionality Review and its goal The Appellate Court compares the sentence in the case under review with penalties of similar cases. Goal is to reduce disparity.
Commutation Reduction in sentence that are granted by the states Governor or the POTUS.
Name some factors that may influence or limit a judges sentencing decisions Statutory limitations (Penal Codes), Philisophical Goals (Retribution or Restoration), Organizational Considerations (Plea Bargains, Costs, Overcrowding), Judges Characteristics (biases, backgrounds, experiences), and PSIRs
What are the legal bases for an appeal Legal or Constitutional. Legal Grounds (jury selection issue, improper admission of evidence, mistake of law interpretation), or Constitutional Grounds (Illegal search, questioning, improper line up or bad counsel).
Under what type of case is the death penalty a possibility in the US? Only for the crime of aggravated murder (although a few seldom committed offenses were insinuated)
Name the three major procedural reforms that came via the Gregg decision. 1. Bifurcated Trials, 2. Automatic Appellate review. 3. Guided discretion statutes
Created by: JeromeG