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Law > Chapter 12 > Flashcards

Chapter 12 Flashcards

1
Q

Know the goals of punishment; deterrence, incapacitation, rehabilitation, retribution

A

Retribution; punish someone who infringed on the rights of others and so deserves to be penalized, the severity of the sanction should fit the seriousness of the crime. deterrence- deter others from committing crimes or committing more crimes by punishing offenders, most people would weigh the consequences that others received and would determine that it is not worth it, and be deterred. incapacitation-deprive an offender of the ability to commit crimes against society, usually by detaining the offender in prison. rehabilitation-restore a convicted offender to a constructive place in society through some form of vocational or educational training or therapy.

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2
Q

Know specific deterrence and general deterrence

A

General deterrence is working to deter the general punishment by punishing criminals that will provide them with an example and discourage the commission of the offense as the cons will outweigh the pros. Specific deterrence is a punishment inflicted on criminals to deter criminals from committing more crimes in the future as the first punishment was too painful and they won’t want to be punished again.

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3
Q

Know the terms good time, time served, work release

A

Good time is a reduction in an inmate’s prison sentence, at the discretion of the prison administrator, for good behavior or participation in vocational, educational, or treatment programs. Earned time is a reduction in a prisoner’s sentence as a reward for participation in educational or other rehabilitation programs, and for work assignments, such as disaster relief and conservation projects. Work release is when a prisoner is trusted enough and sufficiently monitored to go out of the prison and work at a place of employment, returning to the prison when their shift is complete.

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4
Q

From 1975 to the year 2000 has the death penalty increased, decreased, remained the same

A

From 1975 to the year 2000 the death penalty has decreased in the amount of people actually executed, but the amount of people facing the death penalty and sitting on death row has increased.

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5
Q

How many states will use the death penalty in 2018?

A

34 or 33 states and the federal government, 68%

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6
Q

How many states don’t use the death penalty?

A

16

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7
Q

Remember the specific types of courts, general limited, specific, appeals

A

Specific jurisdiction courts is a form of minimum contacts that enables a court to exercise a personal jurisdiction over a corporate defendant in that state without violating due process because of the extent of the defendant’s activities within the state. Limited jurisdiction courts are courts that can only hear some criminal and civil cases and derive power from an issuing authority like the constitution or state status. General jurisdiction courts are able to hear cases of all kinds criminal or civil. Felonies are processed in courts of general jurisdiction, and misdemeanors are processed in courts of limited jurisdiction.

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8
Q

Where are felony cases process, what jurisdiction limited or general

A

General jurisdiction courts

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9
Q

Sentencing guidelines are based on two different dimensions: do they look at a person’s race, gender, seriousness, record, ability to rehab, or something else?

A

Sentencing guidelines are based on the seriousness of the crime and the offender’s previous history.

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10
Q

Which demographic group(gender, race) is over represented in the prison population?

A

African American males

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11
Q

Know what the innocence project does

A

Works to free the innocent through DNA, prevent wrongful convictions, and create a fair, compassionate, and equitable system of justice for everyone. Exonerating the innocent.

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12
Q

What has assisted the innocence project in releasing people from prison?

A

DNA

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13
Q

When someone is sentenced the decisions are impacted by which individuals? Who makes decisions on sentencing?

A

Judges carry the responsibility for imposing sentences, though there are exceptions specifically in death penalty cases where a jury will impose the sentence.

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14
Q

Intermediate sanctions

A

A variety of punishments that are more restrictive than traditional probation but less severe and less costly than incarceration. These punishments include house arrest, fines, boot camp, forfeiture of property, and probation.

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15
Q

General deterrence, Specific deterrence differences

A

General deterrence focuses on deterring members of the community who have not committed any crimes and specific deterrence focuses on deterring those who already committed a crime from committing more.

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16
Q

Know the 8th and 5th amendments

A

The 5th amendment gives you the right to a grand jury, protects you against self incrimination and double jeopardy, the right to due process and eminent domain. The 8th amendment states that there shall be no cruel or unusual punishments or excessive bails or fines.

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17
Q

Know the terms indeterminate and determinate sentencing

A

Indeterminate sentencing is a period set by a judge that specifies a minimum and maximum time to be served in prison. Sometime after the minimum, the offender may be eligible for parole. Because it is based on the idea that the time necessary for treatment cannot be set, the indeterminate sentence is closely associated with rehabilitation. Determinate sentencing is a sentence that fixes the term of imprisonment at a specific period.

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18
Q

Know what probation is

A

Probation is a sentence that the offender is allowed to serve under supervision in the community.

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19
Q

Different form of sentencing like house arrest and probation and who is eligible for it

A

Those who were convicted of a nonviolent crime and don’t have any or little to no criminal record

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20
Q

When imposing a sentence judges consider one goal true or false?

A

False, judges may combine various forms of punishment to tailor the sanction to the offender.

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21
Q

What type of goal is considered when they use the term and eye for an eye

A

Retribution

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22
Q

The legislatures, prosecutors, and judges, have they abandoned rehabilitation as a goal, true or false?

A

True many have

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23
Q

Are there small counties that can not afford the death penalty as punishment because of the expenses of the trial? True or false?

A

true

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24
Q

Are mandatory sentences consistent with rehabilitation?

A

No, but indeterminate sentences are

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25
Q

What percentage of people on death row are from the south?

A

⅔ or about 66.66% of all executions have occurred in the south.

26
Q

Does the prison population contain the same proportion of African Americans as the general population? True or false?

A

False

27
Q

Was the death penalty or is the death penalty found to be racially discriminatory by the U.S. Supreme Court.

A

False. McCleskey v. Kemp 1987

28
Q

Can you execute someone under the age of 18? Look at the case

A

No, based on the case Roper v. Simmons (2005)

29
Q

Are there any states that use beheading as a method of execution?

A

no

30
Q

Misdemeanors and felonies, where do they go and how long do they go for?

A

Misdemeanor cases are sentences of one year or less and they go to jail. Felonies are sentences of more than one year-though on occasion only one year) and they go to prison(1<) or jail(1>).

31
Q

Does gender affect the sentencing decisions?

A

Yes and this changes depending on the crime.

32
Q

Is lethal injection deemed to be now a violation of the 8th amendment

A

As of 2008 in the case Baze v. Rees the Supreme Court has ruled that lethal injection does not violate the 8th amendment and was upheld in 2015 in Glossip v. Gross.

33
Q

Studies in PA show that the greatest risk of being sentenced is being young, male, and African American, true or false?

A

True by 4 times

34
Q

Retribution

A

Punishment inflicted on a person who had infringed on the rights of others and so deserves to be penalized. The severity of the sanction should fit the seriousness of the crime.

35
Q

General deterrence

A

Punishment of criminals that is intended to provide an example to the general public and to discourage the commission of offenses.

36
Q

Specific deterrence

A

Punishment inflicted on criminals to discourage them from committing future crimes.

37
Q

Incapacitation

A

Depriving an offender of the ability to commit crime against society, usually by detaining the offender in prison.

38
Q

Selective incapacitation

A

Making the best use of expensive and limited prison space by targeting for incarceration those individuals whose detention will do the most to reduce crime in society.

39
Q

Rehabilitation

A

The goal of restoring a convicted offender to a constructive place in society through some form of vocational or educational training or therapy.

40
Q

Restoration

A

Punishment designed to repair the damage done to the victim and community by an offender’s criminal act.

41
Q

Indeterminate sentences

A

A period, set by a judge, that specifies a minimum and a maximum time to be served in prison. Sometime after the minimum, the offender may be eligible for parole. Because it is based on the idea that the time necessary for treatment cannot be set, the indeterminate sentence is closely associated with rehabilitation.

42
Q

Determinate sentences

A

A sentence that fixes the term of imprisonment at a specific period.

43
Q

Presumptive sentence

A

A sentence for which the legislature or commission sets a minimum and maximum range of months or years. Judges are to fix the length of the sentence to fit within that range, allowing for special circumstances.

44
Q

Mandatory sentence

A

A sentence determined by statutes and requiring that a certain penalty be imposed and carried out for convicted offenders who meet certain criteria.

45
Q

Good time

A

A reduction of an inmate’s prison sentence, at the discretion of the prison administrator, for good behavior or participation in vocational, education, or treatment programs.

46
Q

Earned time

A

Reduction in a prisoner’s sentence as a reward for participation in educational or other rehabilitation programs, and for work assignments, such as disaster relief and conservation projects.

47
Q

Intermediate sanctions

A

A variety of punishments that are more restrictive than traditional probation but less severe and less costly than incarceration.

48
Q

Justice reinvestment

A

Evidence-based policies intended to reduce spending on imprisonment with the money saved being reinvested in alternative sanctions and programs that hold offenders accountable, protect public safety, and reduce the risk of reoffending.

49
Q

Probation

A

A sentence that the offender is allowed to serve under supervision in the community.

50
Q

Shock probation

A

A sentence in which the offender is released after a short incarceration and re sentenced to probation.

51
Q

Furman v. Georgia (1972)

A

The death penalty, as administered, constitutes cruel and unusual punishment.

52
Q

Gregg v. Georgia (1976)

A

The Supreme Court’s decision reactivating the death penalty after states revised their laws to make decision making about punishment in murder cases more careful and deliberate.

53
Q

McCleskey v. Kemp (1987)

A

Rejects a challenge to Georgia’s death penalty that was made on the grounds of racial discrimination.

54
Q

Atkins v. Virginia (2002)

A

Execution of the developmentally disabled (“mentally retarded”) is unconstitutional.

55
Q

Roper v. Simmons (2005)

A

No death penalty for offenders who commit a murder while younger than age 18.

56
Q

Ring v. Arizona (2002)

A

Juries, rather than judges, must make the crucial factual decisions regarding whether a convicted murder should receive the death penalty.

57
Q

Baze v. Rees (2008)

A

Lethal injection has not been shown to violate the Eighth Amendment prohibition on cruel and unusual punishments and thus this method of execution is permissible.

58
Q

Witherspoon v. Illinois (1968)

A

Potential jurors who object to the death penalty cannot be automatically excluded from service; however, during voir dire, those who feel so strongly about capital punishment that they could not give an impartial verdict may be excluded.

59
Q

Presentence report

A

A report, prepared by a probation office that presents a convicted offender’s background and is used by the judge in selecting an appropriate sentence.

60
Q

Sentencing guidelines

A

A mechanism to indicate to judges the expected sanction for certain offenses, in order to reduce disparities in sentencing.

Law (21 decks)

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