chapter 4

Question 1

what is sentence?

happens 30 days after conviction

Answer 1

penalty ordered by the court after a defendant has been convicted of a crime

Question 2

what is sentencing perform by?

Answer 2

a judge, except in death penalthy cases in those cases jury’s.

Question 3

how can they choose the severity of the penalty

Answer 3

depends on the crime and the criminal history.

Question 4

what is justice

punishmnet received by defendant at sentencing should be consistent with justice

Answer 4

people must be treated in ways consistent with norms of fairness and in accordance

ex: same crime but one is black and the other white

Question 5

what makes a criminal different than the other

Answer 5

the different sireness of the crime. as well as extralegal factors(gang affliation, subtance abuse,rehab).

Question 6

indeterminate sentence?

not less than 2-3 to 10 years

Answer 6

the actual number of years a person may serve is not fixed but rather is a range of years. it fits the positivists rehab(to be released after they have served their minium period) they are tailored to the offender instead of the crime

Question 7

truth in sentencing laws

Which law was created to ensure that offenders actually spent nearly all of the time they were sentenced to in prison?

Answer 7

realistic connection between the custodial sentences imposed on offenders and the time they actually serve

Question 8

determinate sentence

Answer 8

individuals are given a fixed number of years they must serve. it doesnt fit rehab instead the puprose is to deter

Question 9

mandatory sentencing

mandatory minium sentencing

Answer 9

can exist both determinate and indeterminate. probation is NOT an option. the minium time to be served is set by law

Question 10

concurrent sentence

the judges decision to impose concu or conse is rest manily on factors such as seriouness,criminal history, plea bargain

Answer 10

two seperate sentences are served at the same time

ex: 10 years for rape and assult 7 how many years the first so 10

Question 11

consecutive sentence

Answer 11

with two or more sentences must be served sequentially(one at a time)

Question 12

habitual offender statutes

three strikes and yur out

Answer 12

offenders with third felonly may be sentenced to life regardless of the nature of the third felony.

Question 13

life without parole

LWOP

Answer 13

imposed on those convictedd of murder

Question 14

shock probation

no more than 30 days, reserved for young first time

Answer 14

exposing them to reality of prison life for a short period

Question 15

split sentences

Answer 15

be in prison prior to probation. like every weekend in jail for a year. just to show offender that jail sucks

Question 16

work release

Answer 16

jail at night and work during the day

Question 17

victim impact statement

Answer 17

allows persons directly affected by the crimeto inform the court of the personal and emotional harm they have suffered as a reult of the defendant actions

Question 18

problem solving courts

they screen and assess

Answer 18

adress the offender with special needs. offenders needed treatment rather than jail or prison. adress the underlying causes of a person antisocial behavior.

Question 19

focus on outcomes

Answer 19

problem solving courts are designed to provide positive case outcomes

Question 20

sentencing disparity

Answer 20

two offenders committed similar offenses and are sentenced differently

crime seriousness oor prior record

Question 21

conservative- liberal probation officers

Answer 21

recommened harsher sentences(regardless of race)

liberal: follow the recommendations

Question 22

anti drug abuse act

Answer 22

ration differential between powder and crack cocaine.simple possession of cracck cocaine was to be treated more seriously than simple possession of other illegal drugs

Question 23

fair sentencing act

reduces the disparities in sentencing for crack cocaine

Answer 23

passed by president barack obama. the amount of crack cocaine subject sunject to the 5 year minium

Question 24

drug courts

the most common type of problem solving court

Answer 24

requires the offender to be involved in an intensive treatmnet program that lasts 2 years. require to appear before a judge and must submit to random urine testing.

Question 25

steps to the process of drug court

Answer 25

1. referral to the drug court typically from an offenders attorney
2. review the applicants criminal history
3. info is sent to members of the drug court for review
4. then they vote to accept or reject offender application
5. the case given to a probation officer
   if you have failed other treament program you will not be accepted. people who dont want to change wont be accepted.they have a relationship with the judge and talk to in an informal way asking them about their progress.graduation decided by judge(2 year program)

Question 26

first step act

Answer 26

seeks to improve criminal justice outcomes such as reducing the federal prison population, and creating rehab.

Question 27

presentence investigation report

PSI

mandate a PSI for all felony cases, sentecning judge (assists judges in sentecning)

Answer 27

treatment planning,classification to supervision levels in probation and parole.written by probation officers informing the judge of various aspeccts. defendant background.

Question 28

what does the PSI reveal

Answer 28

it reveal more about the officers attitudes and values than the defendants character

Question 29

us sentencing commission did what?

Answer 29

guidelines to rein in judicial discretionthis commission was charged with the task of creating mandatory sentecning

Question 30

reflect artistotles definition of justice the only revelent factor shoul

sentecning guidelines

defendants prior record can be taken into consideration

Answer 30

rules for numerically computing sentences that offenders should receive on the basis of the crimes. provide classification of suggested punishment. assign points for the degree of seriouness and prior record

an effect is that they contribute to more uniform and consistent sentecning

Question 31

some are guidelines voluntary or mandatory

Answer 31

they were mandatory for many years. currently their advisory(judges can consult them and follow them or not). they must be follow unless.they are just suppose to guide the judges decisions

Question 32

what could be find as justification for increasing sentencing?

Answer 32

the facts of prior convictions are the only facts judges(prior record) if not it must be submitted to a jury and proved beyond a resonable doubt

Question 33

sentencing guidelines advisory rather than mandatory?

Answer 33

united states v booker

Question 34

do repeat offenders get referral to a drug court

Answer 34

false

Question 35

Almost all states require presentence investigation reports to be fully disclosed.

Answer 35

false

Question 36

The biggest concern with sentencing disparities is?

Answer 36

racil dicrimination