chap 4 Flashcards

1
Q

near the end of the 1800s what new beliefs emerged

A

beliefs about criminal responsibility and the desirability of designing punishment

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2
Q

Herbert Packer’s three elements of punishment. ONE.

A

An offense

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3
Q

Herbert Packer’s three elements of punishment. TWO.

A

The infliction of pain because of the offense

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4
Q

Herbert Packer’s three elements of punishment. THREE.

A

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

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5
Q

Retribution (Deserved Punishment)

A

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

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6
Q

retribution is similar to

A

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

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7
Q

retribution was used

A

during early civilizations

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8
Q

General deterrence vs specific deterrence

A

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

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9
Q

what are four goals of criminal sanctions in us?

A

retribution, deterrence, incapacitation, and rehabilitation

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10
Q

For deterrence to work, the punishment must be…

A

Fast
Certain
Severe

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11
Q

Incapacitation

A

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

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12
Q

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

A

banishment

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13
Q

Selective incapacitation is ________.

A

a way to determine which individuals receive longer prison sentences

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14
Q

Rehabilitation

A

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

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15
Q

Restoration is punishment that

A

addresses the needs of the community and the victim.

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16
Q

Three basic sentencing structures:

A

Indeterminate, determinate/presumptive, mandatory sentences

17
Q

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

A

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

18
Q

Factors that influence the sentencing process:

A

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

19
Q

Misdemeanor or lower courts

A

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

20
Q

Felony courts

A

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

21
Q

United States v. Booker

A

court ruled sentencing guidelines were discretionary, not mandatory.

22
Q

ultimate method of incapacitation

A

Capital punishment

23
Q

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

A

since the 1970s

24
Q

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

A

during the 1940-1970s

25
Q

During the past decade, many people have called for

A

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

26
Q

The restorative perspective views crime as

A

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

27
Q

Research suggests that _____programs can be effective.

A

restoration-oriented

28
Q

In the United States, criminal sanctions include _________.

A

incarceration, intermediate sanctions, probation, and death

29
Q

indeterminate sentences can be called

A

indefinite sentences

30
Q

mandatory sentences can also be called

A

mandatory minimum sentences

31
Q

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

A

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

32
Q

Truth-in sentencing refers to

A

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

33
Q

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

A

55.5 percent, probation

34
Q

shock probation

A

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

35
Q

shock probation is also

A

split probation

36
Q

invisible punishments

A

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

37
Q

Herbert Packer’s third element of punishment is for

A

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

38
Q

Intermediate sanctions

A

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