Chapter 10: Sentencing Options & Appeals

Question 1

death penalty

Answer 1

imposition of death as a punishment for the most serious capital crimes

Question 2

Shock probation, incarceration, parole

Answer 2

sentencing offenders to prison or jail for a brief period, primarily to give them a taste to “shock” of prison or jail life, and then release them into custody of parole officer through resentencing project

Question 3

split sentencing

Answer 3

procedure whereby a judge imposes a sentence of incarceration for a fixed period followed by a probation period

Question 4

bifurcated trials

Answer 4

jury is asked to make 2 decisions, first is to determine guilt or innocence of defendant, if guilty jury meets to decide punishment

Question 5

sentence hearing

Answer 5

a proceeding where evidence and testimony is presented both for and against defendant

Question 6

aggravating circumstances

Answer 6

factors tend to intensify the severity of punishment, include where the crim invovled death or serious bodily injury or if offender has past criminal record, more than one victim, etc

Question 7

mitigating circumstances

Answer 7

those that tend to lessen the severity of punishment, includes offender cooperating with police and gave info about others who may be involved in crime

Question 8

probation officer

Answer 8

professional who supervises probationers

Question 9

narrative

Answer 9

a portion of a presentence investigation report prepared by a probation officer or private agency, which provides a description of offense and offender.

Question 10

acceptance of responsibility

Answer 10

is considered as the first important first step of rehabilitation by acknowledging wrongdoing

Question 11

defendants sentencing memorandum

Answer 11

version of events leading to conviction offense in the words of the convicted offender

Question 12

victim impact statement

Answer 12

information or version of events filed voluntarily by the victim of a crime, appended to the presentence investigation report as a supplement for judicial consideration in sentencing the offender

Question 13

sentencing disparity

Answer 13

inconsistency in sentencing of convicted offenders, in which those committing similar crimes under similar circumstances are given widely disparate sentences by the same judge

Question 14

appeal

Answer 14

any request by the defense or prosecution directed to a higher court to contest a decision or judgement by a lower court

Question 15

stare decisis

Answer 15

legal precedent, principle whereby olds that courts and judges should honor “precedent”—or the decisions, rulings, and opinions from prior cases

Question 16

appellants

Answer 16

persons who files an appeal

Question 17

appellees

Answer 17

party responding to the appeal, not alleging an error

Question 18

conditions of confinement

Answer 18

the nature of jail or prison incarceration; refers to heat and humidity, cleanliness, and general treatment often is basis for legal action filed as habeas corpus petition

Question 19

solitary confinement

Answer 19

a sentencing philosophy seeking to remove the offender from other offenders when confined by placing prisoner in a cell with no communication with others

Question 20

mistrial

Answer 20

a trial that cannot stand is invalid. Judges may call for a mistrial for reasons such as errors on the part of prosecutors or defense counsel

Question 21

warant

Answer 21

a written order directing a suspect’s arrest and issued by an official with the authority to issue the warrant

Question 22

DNA fingerprinting

Answer 22

Deoxyribonucleic acid (DNA) is an essential component of all living matter, which carries hereditary pattern, cab ve detected by DNA

Question 23

writ of certitorari

Answer 23

request of the court to obtain the record for review

Question 24

death row

Answer 24

arrangement of prison cells where inmates who have been sentenced to death are housed

Question 25

notice of appeal

Answer 25

filling a formal document with the court advising the court that the sentence is to be appealed to a higher court or appellate court

Question 26

oral arguement

Answer 26

verbal presentation made to an appellate court by the prosecution or the defense in order to persuade the court to affirm, reverse, or modify lower court decision

Question 27

reversed and remanded

Answer 27

the court disagrees with the court below and overturns their ruling on the issue AND sends the case back to the trial court for a new trial based on their ruling

Question 28

affirm

Answer 28

the court upholds (agrees with) the holding of the court below

Question 29

dissenting opinion

Answer 29

the opinion of the justices not voting with the majority (not law, but can be useful)

Question 30

wrongful conviction

Answer 30

adjudications of guilt by either a judge or jury and where the convicted offender is actually innocent of the charges alleged

Question 31

circumstantial evidence

Answer 31

material provided by a witness from which a jury must infer a fact