chap 4

Question 1

near the end of the 1800s what new beliefs emerged

Answer 1

beliefs about criminal responsibility and the desirability of designing punishment

Question 2

Herbert Packer’s three elements of punishment. ONE.

Answer 2

An offense

Question 3

Herbert Packer’s three elements of punishment. TWO.

Answer 3

The infliction of pain because of the offense

Question 4

Herbert Packer’s three elements of punishment. THREE.

Answer 4

A dominant purpose that is neither to compensate someone injured by the offense nor to better the convicted person’s condition.

Question 5

Retribution (Deserved Punishment)

Answer 5

punishment inflicted on a person who has violated a criminal law and so deserves to be punished.

Question 6

retribution is similar to

Answer 6

“an eye for an eye, a tooth for a tooth”

Question 7

retribution was used

Answer 7

during early civilizations

Question 8

General deterrence vs specific deterrence

Answer 8

General deterrence is punishment that is intended for the general public.
specific deterrence is punishment that is inflicted on individuals

Question 9

what are four goals of criminal sanctions in us?

Answer 9

retribution, deterrence, incapacitation, and rehabilitation

Question 10

For deterrence to work, the punishment must be…

Answer 10

Fast
Certain
Severe

Question 11

Incapacitation

Answer 11

depriving a person of the ability to commit crimes against society, usually by detaining the person in prison.

Question 12

Historically, __ from a community was a primary form of incapacitation.

Answer 12

banishment

Question 13

Selective incapacitation is ________.

Answer 13

a way to determine which individuals receive longer prison sentences

Question 14

Rehabilitation

Answer 14

restoring a convicted person to a constructive place in society through some form of training or therapy.

Question 15

Restoration is punishment that

Answer 15

addresses the needs of the community and the victim.

Question 16

Three basic sentencing structures:

Answer 16

Indeterminate, determinate/presumptive, mandatory sentences

Question 17

t/f The number of executions carried out annually in the United States has dropped steadily between 2009 and 2019.

Answer 17

true.
In 2009, there were 52 total executions.
In 2019, there were 22 total executions.

Question 18

Factors that influence the sentencing process:

Answer 18

The administrative context of the courts, The attitudes and values of judges,
The presentence report,
Sentencing guidelines

Question 19

Misdemeanor or lower courts

Answer 19

Have limited jurisdiction because they can normally impose prison sentences of less than one year.
90 % of cases happen in these courts

Question 20

Felony courts

Answer 20

Sentencing decisions are shaped by relationships, debates (negotiations), and agreements

Question 21

United States v. Booker

Answer 21

court ruled sentencing guidelines were discretionary, not mandatory.

Question 22

ultimate method of incapacitation

Answer 22

Capital punishment

Question 23

rehabilitative programs have challenged the idea that we really know how to reform people who break the law since ____

Answer 23

since the 1970s

Question 24

the goal of rehabilitation was very big
the only serious issue was rehabing criminals during this time.

Answer 24

during the 1940-1970s

Question 25

During the past decade, many people have called for

Answer 25

shifts away from punishment goals that focus either on the convicted person or the crime.

Question 26

The restorative perspective views crime as

Answer 26

more than a violation of penal law. requires that the community determine how best to communicate that nobody is above the law

Question 27

Research suggests that _____programs can be effective.

Answer 27

restoration-oriented

Question 28

In the United States, criminal sanctions include _________.

Answer 28

incarceration, intermediate sanctions, probation, and death

Question 29

indeterminate sentences can be called

Answer 29

indefinite sentences

Question 30

mandatory sentences can also be called

Answer 30

mandatory minimum sentences

Question 31

t/f three-strikes laws have virtually no effect on violent crime.

Answer 31

true. Research shows that 3 strike laws have no effect.

Question 32

Truth-in sentencing refers to

Answer 32

laws that require people to serve a substantial portion of their prison sentence before being released on parole 85% for violent crimes

Question 33

An estimated ____ percent of adults under correctional supervision are on _____

Answer 33

55.5 percent, probation

Question 34

shock probation

Answer 34

A sentence by which an individual is released after a short incarceration and resentenced to probation.

Question 35

shock probation is also

Answer 35

split probation

Question 36

invisible punishments

Answer 36

a variety of sanctions that are applied to convicted people that are not visible to the general public

Question 37

Herbert Packer’s third element of punishment is for

Answer 37

preventing further offenses or to inflict what is thought to be deserved pain on the individuals who commit crime

Question 38

Intermediate sanctions

Answer 38

They are a type of limitation placed on a convicted offender who is not incarcerated.