Chapter 11

Question 1

What type of punishments were common earlier?

Answer 1

Banishment and exile

Question 2

What are the 8 goals of punishment

Answer 2

general deterrence,
specific deterrence, incapacitation, retribution/just desert, rehabilitation,
diversion,
equity/restitution,
restoration

Question 3

Define general deterence

Answer 3

discourage people OVERALL from comitting an offense
- depends on fear
- punishment is an example for others

Question 4

Define incapacitation

Answer 4

Preventing crime by keeping dangerous criminals in confinement
Eliminates risk of them repeating offense in society
Long-term prison to prevent someone from committing offense again

Question 5

define specific deterrence

Answer 5

Discouraging a specific person from reoffending

Experience of suffering punishment should inhibit future law violations

Making punishment so harsh that the individual will be afraid to commit offense again

Question 6

Define retribution, just desert

Answer 6

Philosophy asserting that those who violate rights of others deserve to be punished
“Eye for an eye”

Question 7

Define rehabilitation

Answer 7

Justice system obligated to help unfortunate people, not simply punish them

Treatment will help offender not commit offense again

Question 8

Definition of diversion (like pretrial diversion)

Answer 8

Alternative to jail time

Pretrial intervention that diverts you from going into criminal justice system
- something you have to apply for

Question 9

What does diversion spare non offenders from

Answer 9

Stigma of criminal conviction
Labeling
Further involvement with justice process

Question 10

Define equity/restitution

Answer 10

Action or practice of awarding each person their just due
Money in return for crime

Question 11

define restoration

Answer 11

Wanting to restore relationships and heal harm
Forgiveness and healing process

Question 12

What role does the judge have in sentence?

Answer 12

responsibility of imposing sentence

Question 13

What is the sentenced determine by

Answer 13

statutory requirements established by legislature

Question 14

What can the jury say about the offenses?

Answer 14

recommendations for leniency for certain offenses

Question 15

What are criminals sanctions

Answer 15

penalties or punishments imposed by the court on someone convicted of a crime.

Question 16

what are the types of criminal sanctions

Answer 16

fines, probation, imprisonment, and commitment to state hospital

Question 17

Define concurrent sentences

Answer 17

Prison sentences for two or more criminal acts served simultaneously and run together
Served at the same time

Question 18

Define consecutive sentences

Answer 18

Prison sentences for two or more criminal acts served one after the other

Question 19

Define the effect of good time

Answer 19

Reduction in sentence for good behavior while incarcerated

Question 20

Define indeterminate sentences

Answer 20

A term of incarceration with stated minimum and maximum length

Question 21

What is the philosophy of indeterminate sentences

Answer 21

sentences should fit the criminal

Question 22

Until when are offenders place in confinement according to indeterminate sentences?

Answer 22

until they are rehabilitated and then released on parole

Question 23

How can Judges overides the purpose fo indeterminate sentence?

Answer 23

setting a high minimum

Question 24

Define determinate sentences

Answer 24

A fixed term of incarceration

Question 25

What the philosophy of determinate sentences?

Answer 25

punishment should fit the crime- set number of years

Question 26

What is the advantage of determinate sentence?

Answer 26

offenders know how much time to serve

Question 27

Criticism of determinate sentence

Answer 27

too restrictive for rehabilitative purposes

Question 28

What is the purpose of Sentencing Guidelines?

Answer 28

regulate the length of determinate sentences curb judical discretion

Question 29

Who created sentencing guidelines

Answer 29

Sentencing commissions (not individual judges)

Question 30

Define mandatory sentences?

Answer 30

Statutory requirement that certain penalty be set and carried out in all cases upon conviction for specified offense Fixed prison sentence for certain crimes

Question 31

Purpose of mandatory sentences

Answer 31

Target chronic recidivists (repeat offenders) Limits judicial discretion

Question 32

What is the effect of mandatory sentences?

Answer 32

Takes sentencing power away from judges Ensures consistency but reduces flexibility

Question 33

Define the Three-Strikes Laws

Answer 33

Lengthy prison sentence as result of third felony offense Long prison sentences for any person convicted of three felony offenses Lengthy prison sentence as result of third felony offense Long prison sentences for any person convicted of three felony offenses

Question 34

Define Truth In Sentencing

Answer 34

Requires offenders to serve substantial portion of sentence prior to release Elimination or reduction of parole and good time

Question 35

What is the purpose of truth in sentencing

Answer 35

Ensure sentences actually served match sentences imposed Reduce "revolving door" of early release Increase transparency in sentencing

Question 36

what is effect of truth in sentencing

Answer 36

Offenders serve much larger percentage of original sentence4 Reduces discretion of parole boards

Question 37

What are some legal factors affecting sentencing

Answer 37

severity of the offense offenders prior criminal record whether offender used violence whether offender used weapons whether crime committed for money

Question 38

What is the most important factor in terms of legal factors that affect arrest

Answer 38

severity of offense= harsher sentencd

Question 39

What factors = longer sentences?

Answer 39

serious offenses, repeat offenders, violent crimes, weapon usage

Question 40

What are some extra-legal factors that affect sentencing?

Answer 40

social class gender age victim characteristics victime impact statements race

Question 41

How can social class impact sentencing?

Answer 41

Wealthy defendants may receive more lenient sentences Can afford better attorneys Systemic inequality issues

Question 42

What gender gets more lenient sentences especially in non-violent crimes?

Answer 42

women

Question 43

Age impact in sentencing

Answer 43

Younger offenders may receive more lenient sentences Belief in greater capacity for rehabilitation Elderly offenders sometimes treated differently

Question 44

How can mental illness and psychological deficits impact sentencing

Answer 44

mental illness and psychological deficits both addresses and impacts how sentences are tailored to needs of offenders - treatment oriented= state prison

Question 45

What are discretionary appeals?

Answer 45

Appeals beyond first guaranteed appeal Court decides whether to hear case Not guaranteed