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CJ Chap 11
N/A
| Term | Definition |
|---|---|
| General deterrence | A crime control policy that depends on the fear of criminal penalties. |
| Incapacitation | The policy of keeping dangerous criminals in confinement to eliminate the risk of their repeating their offense in society. |
| Specific deterrence | A crime control policy, suggesting that punishment should be severe enough to convince convicted offenders to not repeat their criminal activity |
| Just desert/Retribution | The philosophy of Justice asserting that those who violate the rights of others, deserve to be punished. The severity of punishment should be commensurate with the seriousness of the crime. |
| Equity/Restitution | The action or practice of awarding each person his/her just due. Seeks to compensate victims and the general society for their losses due to crime. |
| Rehabilitation | Sentencing is aimed at reducing future criminality by treating and eliminating the underlying causes of crime. |
| Diversion | Sentencing is aimed at sparing, non-dangerous offenders from the stigma and labeling of a criminal conviction and involvement with the justice process. |
| Restoration | Defendants may be asked to confront their behavior, the damage they caused the victim, and the shame they brought to their family, friends, and community. The goal is to satisfy everyone’s needs, and restore the wrongdoer to good standing in society. |
| Concurrent sentences | Prison sentences for two or more criminal acts, served simultaneously and run together. |
| Consecutive sentence | Prison sentences for two or more criminal acts, served one after the other. |
| Indeterminate sentences (can be abused) | The term of incarceration with a state of minimum and maximum length, such as a sentence to prison for a period of from 3 to 10 years. Prisoner is eligible for parole after the minimum sentence has been served. Prisoners don’t know release. |
| Determinate sentences (helps stop sentences based on race, class ,or gender) | A fixed term of incarceration, such as three years imprisonment. Felt by many to be too restrictive for rehabilitative purposes; offenders know when they’ll be released. |
| Sentencing guidelines | A set of standards that defines parameters for trial judges to follow in their sentencing decisions. |
| Truth in sentencing | Sentencing scheme requiring that offenders serve at least 85% of their original sentence before being eligible for parole or other forms of early release. |
| Chivalry hypothesis (females by nature are less violent) | The view that low rates of crime and delinquency among females, reflect the leniency, with which female offenders are treated. |
| Victim impact statement | A post conviction statement by the victim of crime, or the victims family that may be used to guide sentencing decisions. |
| Brutalization effect | The belief that capital punishment creates an atmosphere of brutality that enhances, rather than reduces, the level of violence in society. The death penalty reinforces the view that violence is an appropriate response to provocation. |
| Furman versus Georgia (1972) | Death penalty (in 3 Georgia cases) amounts to cruel and unusual punishment in violation of the eighth amendment. Furman ‘s case halted punishment. |
| Greg versus Georgia (1976) | The punishment of death, for the crime of murder doesn’t violate the eighth amendment under all circumstances. |
| Woodson versus North Carolina (1976) | Mandatory death penalty laws violate the eighth amendment, and thus are unconstitutional. |
| Francis versus Resweber (1947) | Francis gets pulled to get electrocuted, the chair doesn’t work. Louisiana wants to make a second attempt, but Francis claims it violates double jeopardy. Supreme court said that a second attempt was allowed. |
| Miranda vs. Arizona | Supreme Court decision in 1966 that ruled that police must inform suspects of their rights to remain silent and to an attorney before and during interrogation. |
| Exile (history of punishment) | Banishment from group |
| Fines (history of punishment) | Used to minimize blood feuds under Roman law. |
| Forfeiture (history of punishment) | Surrender of land or other property of equivalent value. |
| Mutilation (history of punishment) | Amputations, or the applications of physical markings, identified offenders and brought continued public shame. |
| Torture (history of punishment) | Application of physical pain to get confessions, determines guilt or punishment. |
| Death (history of punishment) | Beheadings , burning at the stake, hangings, firing squad, electrocutions. |
| Hard labor (history of punishment) | Forced work on public projects, lend/lease programs of inmate labor. |
| Imprisonment (history of punishment) | A term of confinement away from society. |
| Sentences for certain offenses, very significantly from one state to the next NR, determined by statute. | TRUE |
| Victim and defender reconciliation | Bringing victims and offenders together to reconcile. |
| Ideally, only legal factors affect, sentencing outcomes: | Offensive severity, prior criminal record, Use of a weapon, use of violence. |
| extra legal factors that are arguably related to sentencing outcomes: | Social class, gender, age, race, victim characteristics. Victim characteristics: attitude place apart and being arrested/sentenced. Officers must be neutral. |
| Judicial branch hands out sentences Correctional departments are responsible for carrying out sentencing | TRUE TRUE |
| One roll of the federal government is to set standards and examples. They adopted guidelines to limit disparities. | TRUE |
| Mandatory problem (3 strike law) | People, commit minor offenses, they’re sent to prison with harsher sentences. |
| Everyone starts as a first time offender | TRUE |
| The death penalty is one of the most socially contentious issues within the American system of criminal justice, it’s controversial. | TRUE |
| There are several arguments that support continued application of the death penalty: | Incapacitation, general deterrence, morally justified, proportionality, public opinion, limited risk of error. |
| Morally justified | Penalty is root rooted in the Bible and send a message that some behaviors are so morally reprehensible that one’s life must be forfeited. |
| Proportionality | If one kills another, the only poor proportional punishment is death. |
| Public opinion | The penalty reflects the will of the people. The public can repeal it through the democratic process if they so desire. |
| Limited risk of error | The automatic appeal process and elevated scrutiny that cases receive minimizes the risk that an innocent person will be put to death. |
| To see if the death penalty is a deterrent, relate the relationship between the death penalty and the crime rate. | TRUE |
| Trial de Novo | Means a new trial. Usually ordered by appellate courts when the original trial failed to make a determination in a manner, dictated by law. |
| There are several arguments for abolishing the death penalty: | Bad company, risk of error, subject to discretion, misplaced vengeance, limited, public support, limited deterrent effect, limits rehab, social/institutional biases, may cause crime, brutality, expense, morally wrong. |
| Bad company | Only a small number of other countries that aren’t very well regarded in the civilized world still use the death penalty. |
| Risk of error | Given the number of exonerations, the risk of wrongful execution is higher than zero, and should be eliminated on that basis. |
| Subject to discretion | Prosecutorial and other sources of discretion make it unfair. |
| Misplaced vengeance | The will of the public is more about primitive desire than seeking true justice. |
| Limited public support | Opinions aren’t monolithic and indicate several exceptions for application |
| Limited deterrent effect | Application occurs out of public view, offenders aren’t rational or mentally ill. |
| Limits rehab | Risk of reoffending is minimal |
| Social/institutional biases | Offender/victim’s race and gender impact sentencing. |
| May cause crime | Offenders may have “nothing to lose” and “go for broke“ |
| Brutality | Methods of execution cause pain, and its application by the government endorses violence. |
| Expense | Legal appeals are costly |
| Morally wrong | Although condoned by the Old Testament, it is condemned by contemporary views. |
| Todd Willingham | Believed to be wrongly accused of setting fire to his house to kill his two children. The evidence and science was not very reliable. |
| The Anti-terrorism and Effective Death Penalty Act of 1996 (Pres. Clinton) | Limited appeal timeframe. |
| Lethal injection cases cause legal issues | TRUE |
| Juvenile cases cause legal issues | TRUE |
| List contemporary methods of execution | Lethal Injection, Electrocution, Lethal Gas, Hanging, and Firing Squad. |
| Lethal Injection | Method of executing condemned prisoners through the administration of one or more chemicals that induce death. |
| How many states use Lethal injection? Give the number of injections since 1976. | 28+ states, including US military and U.S Gov. 1402 injections since '76. |
| How many states use Electrocution? Give the number of zaps since 1976. | 8 States; 163 zaps since '76. |
| How many states use Lethal Gas? Give the number of zoinks since 1976. | 9 states; 11 zoinks since '76. |
| How many states use hanging? Give the number of hangings since 1976. | 1 state; 3 hangings since '76. |
| How many states use Firing Squad? Give the number of "HE'S GOT A GUN" since 1976. | 5 states; 3 "HE'S GOT A GUN" since '76. |
Created by:
Frances2004
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