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Intro Exam 3 chpt 9
| Question | Answer |
|---|---|
| traditional sentencing options include | imprisonment, fines, probation and death |
| Five goals of sentencing | retribution, incapacitation, deterrence, rehabilitation, restoration, retribution |
| Retribution | act of taking revenge on a criminal perpetrator |
| retribution was the | earliest known rationale for punishment |
| retribution corresponds to the model of sentencing called | just deserts |
| incapacitation | use of imprisonment or other means to reduce the likelihood that an offender will commit future offenses |
| incapacitation seeks to protect innocent members of society and separate | offenders from the community to reduce opportunities for further criminality |
| incapacitation requires | only restraint, not punishment |
| deterrence | goal of criminal sentencing that seeks to inhibit criminal behavior through the fear of punishment |
| deterrence's overall goal is | crime prevention |
| deterrence is compatible with the | goal of incapacitation |
| specific deterrence | goal of criminal sentencing that seeks to prevent a particular offender from engaging in repeat criminality - reduce the likelihood of recidivism |
| goal of criminal sentencing that seeks to prevent others from committing crimes similar to the one for which a particular offender is being sentenced by making an example of the person sentenced | general deterrence |
| retribution is oriented toward the | past |
| deterrence is a strategy for the | future |
| just deserts | a model of criminal sentencing that holds that criminal offenders deserve the punishment they receive |
| primary sentencing tool of the just deserts model is | imprisonment |
| structured sentencing | model of criminal punishment that includes determinate and commission created presumptive sentencing schemes |
| determinate sentencing | model of criminal punishment in which an offender is given a fixed term of imprisonment that may be reduced by good time or gain time - also specify an anticipated release date |
| presumptive sentencing | developed by a sentencing commission rather than state legislature, explicit and highly structured |
| Voluntary/advisory Sentencing guidelines | recommended sentencing policies that are not required by law, usually based on past sentencing practices, serves as guides to judges, form of structured sentencing |
| aggravating circumstances | circumstances relating to the commission of a crime that make it more grave than the average instance of that crime |
| mitigating circumstances | circumstances relating to the commission of a crime that may be considered to reduce the blameworthiness of the offender |
| mandatory sentencing | structured sentencing scheme that allows no leeway in the nature of the sentence imposed |
| diversion | official suspension of criminal or juvenile proceedings against an alleged offender at any point after a recorded justice system intake, but before the entering of a judgment |
| truth in sentencing | close correspondence between the sentence imposed on an offender and the time actually served in prison |
| presentence investigation (PSI) | examination of a convicted offenders background prior to sentencing by detailed written report, written report summarizing the information, verbal report to the court |
| sentencing process now frequently includes consideration of the needs of | victims and survivors |
| more than 30 states have passed victims rights amendments but there are no victims rights amendment to the | federal constitution |
| rehabilitation | attempt to reform a criminal offender that seeks to bring about fundamental changes in offenders and their behavior |
| 90% of former convicted offenders returning to crime following release from a prison based treatment program, incapacitation | grew more appealing |
| restoration | goal of criminal sentencing that attempts to make the victim "whole again" |
| restorative justice (RJ) | sentencing model that builds on restitution and community participation in an attempt to make the victim "whole again" |
| restorative justice is also known as | balanced justice |
| restorative justice is focused on | community and the primary goal of improving the quality of life for all members of the community |
| indeterminate sentencing | model of criminal punishment that encourages rehabilitation through the use of general and relatively unspecific sentences |
| indeterminate sentencing relies on | judges discretion to choose among types of sanctions |
| indeterminate sentencing is criticized because it | tends to produce dishonesty in sentencing and for contributing to inequality in sentencing and for perpetuating a system under which offenders might be sentenced |
| 3 fundamental sentencing principles | proportionality, equity, social debt |
| proportionality | severity of sanctions should bear a direct relationship to the seriousness of the crime committed |
| equity | similar crimes should be punished with the ssame degree of severity, regardless of the social or personal characteristics of the offenders |
| social debt | an offenders criminal history should be objectively taken into account in sentencing decisions |
| consecutive sentence | served one after the other |
| concurrent sentence | two or more sentences served at the same time |
| inmates behavior while incarcerated is the primary determinant of the | amount of time served |
| gain time | amount of time deducted from the time to be served in prison on a given sentence as a consequence of participation in special projects or programs |
| good time | amount of time deducted from time to be served in prison on a given sentence as a consequence of good behavior |
| Violent Crime Control and Law Enforcement Act of 1994 | federal right of allocution, or right to speak, for the victims of violent and sex crimes. |
| Violent Crime Control and Law Enforcement Act of 1994 gave victims the right to speak at the sentencing of their assailants, it also requires them to | pay restitution to their victims and prohibits the diversion of federal victims funds to other programs |
| much of the philosophical basis of todays victims movements can be | found in the restorative justice model |
| 2001 USA Patriot Act amended the Victims of Crime Act of 1984 and | made victims of terrorism and their families eligible for victims compensation payments |
| victim impact statement | in court statement made by the victim or survivors to sentencing authorities seeking to make an informed sentencing decision |
| victim impact statement has been found to | rarely affect sentencing decision because judges and other officials have established ways of making decisions which do not call for explicit information about the impact |
| drug offenses | largest offense category for which state felons were sent to prison |
| state courts convicted | 1,132,000 felons in 2006 |
| fines | one of the oldest forms of punishment |
| fines are often imposed for | relatively minor law violations and imposed where the offender has both as clean record and the ability to pay |
| day fine system | based on the idea that fines should be proportionate to the severity of the offense but also need to take into account the financial resources of the offender. |
| day fine system is computed by | first assessing the seriousness of the offense, the defendants degree of culpability and his or her prior record as "measured in days" |
| capital punishment | death penalty |
| capital punishment is the | most extreme of all sentencing options |
| capital offense | criminal offense punishable by death |
| writ of habeas corpus | writ that directs the person detaining a prisoner to bring him or her before a judicial officer to determine the lawfulness of the imprisonment |
Created by:
govern