Chapt. 9-10 Flashcards

(38 cards)

1
Q

What is rehabilitation

A

Aims to reintegrate offenders into society by encouraging personal transformation and growth

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2
Q

What is deterrence

A

Theory that aims to reduce offending and future offending through sanction or threat of sanction

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3
Q

What is incapacitation

A

Refers to the legal strategy of detaining or imprisoning individuals to prevent them from committing further crimes

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4
Q

What is retribution

A

Refers to the act of setting a punishment for someone that fits the crime

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5
Q

What percent of their sentence must murderers and other offenders convicted of serious crimes serve

A

85 percent

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6
Q

In what supreme court case did they rule that what is cruel and unusual is defined by the changing norms of society

A

Weems v. United States

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7
Q

What are examples of alternative sanctions

A

House arrest
Electronic monitoring
Boot camp

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8
Q

What is the most common form of punishment in the U.S.

A

Probation

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9
Q

What are the four basic philosophical reasons for sentencing

A

Deterrence
Incapacitation
Retribution
Rehabilition

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10
Q

What are examples of reasons an offender may be denied probation

A

Conviction of multiple charges
On parole at the time of arrest
Using a weapon during commission of the crime

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11
Q

What is diversion

A

Programs that seek to avoid the formal processing of an offender by the criminal justice system

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12
Q

What is reintegration

A

Focus of preparing the offender for a return to the community unmarred by further criminal behavior

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13
Q

What do opponents of victim impact statements argue

A

Are prejudicial and inflammatory

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14
Q

What is judicial discretion

A

Rests on the assumption that a judge should be given ample leeway in determining punishments that fit both the crime and the criminal

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15
Q

What is truth in sentencing

A

Refers to the policies and legislation that aim to abolish or curb parole so that convicts serve the period to which they have been sentenced

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16
Q

What is judicial disposition

A

Refers to the outcome or decision made by a court after a lawsuit or criminal proceeding has been concluded

17
Q

What is boot camp

A

Boot camps are a type of residential program for young offenders that are designed to provide a structured, military-style environment

18
Q

What is shock incarceration

A

Shock incarceration is a structured short-term alternative sentence given to first-time convicts in an effort to get them off a criminal path

19
Q

What is shock probation

A

US legal policy by which a judge orders a convicted offender to prison for a short time, and then suspends the remainder of the sentence in favor of probation

20
Q

What is a suspended sentence

A

A suspended sentence is when a judge delays imposing a jail or prison term and lets you serve probation instead

21
Q

About how many of parolees return to prison before the end of their parole period

22
Q

What is an aggravating circumstance

A

Any circumstance accompanying the commission of a crime that may justify a harsher sentence

23
Q

What is a mitigating circumstance

A

Circumstances that lighten the blame or culpability of the defendant

24
Q

What are habitual offender laws

A

Statutes that require lengthy sentences for those who are convicted of multiple felonies

25
What landmark case effectively ended the execution of those who committed capital crimes as juveniles
Roper v. Simmons
26
What type of sentencing occurs when a judge determines the minimum and maximum terms of imprisonment
Indeterminate sentencing
27
Which amendment guards against cruel and unusual punishment
Eighth
28
The majority of states limit intensive supervision probation to offenders who
Do not have a prior probation violation
29
Which of the philosophies is viewed as the most humane
Rehabilitation
30
Who is responsible for preparing the presentence investigation report
The probation officer
31
What is sentencing discrimination
A situation where the length of a sentence appears to be influenced by a defendants race gender economic status or other factor not related to the crime they committed
32
What is sentencing disparity
unequal treatment in criminal punishment
33
What is sentencing equity
Similar crimes and similar punishments should be treated alike
34
What court case did the supreme court make it very difficult to prove discriminatory intent in capital punishment based on statistics alone
McCleskey v. Kemp
35
What is departure
A stipulation in many federal and state sentencing guidelines that allows a judge to adjust his or her sentencing decision based on special circumstances of a particular case
36
What is restitution
A sum of money paid in compensation for damages done to the victim
37
In what supreme court case did they not rule that the death penalty inherently violated the eighth amendments protection against cruel and unusual punishment or the fourteenth amendments guarantee of due process
Furman v. Georgia
38
What is the dominant method of execution currently used in the United States
Lethal injection