Chapter 12: Sentencing Flashcards by Lemuell Faulcon

Sentencing Guidelines

Prescribed penalty by law.

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“Why do we punish those who violate the law?”

Retributive Justification (desert based)

Utilitarian Justification (result based)

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Retributive Justification for punishment

The wicked should pay for their actions.
“…because man is responsible for his actions, he ought to receive is ‘just deserts.’”

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Utilitarian Justification for punishment

To prevent further crime in the future

For the means of…
-deterrence
-incapacitation
-rehabilitation

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Basis for Retributive Justification

There’s something intrinsically good about seeing the guilty suffer.

2) All members of society agree to follow rules that govern society – maintain equilibrium

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Unlike the _____________ _____________ theory (aka the “_________ ________”) which is ____________-_____________, the ____________ _____________ is ___________-____________.

retributive justification; desert theory; backward-looking; utilitarian justification; forward-looking

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The Utilitarian Justification believes, that if no “__________ _________” arise from punishment, then punishment isn’t _____________.

good consequences; justifiable

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People commit crimes based on a ___________ __________ that the _________ outweigh the ________________.

rational calculation; benefits; cost

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Deterrence

Suggest criminals would refrain from committing crime if the cost outweighs the benefits.

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Specific deterrence

Someone who has been legally punished ceases criminal activity in fear of future punishment.

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General deterrence

Offender learns of consequences for criminal conduct, and stops to not risk punishment.

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Incapacitation

Locking up / isolation dangerous offenders to prevent crime in the future.

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Collective Incapacitation

Incapacitation of all offenders without regard to their past/personal characteristics.

(i.e. lock up drug sellers, rapist, and robbers alike)

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Selective Incapacitation

Incapacitating those who, when free, commit the most crimes.

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Rehabilitation

Changing offender’s character, habits, behavior patterns to diminish criminal propensities.

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Restoration (Restorative Justice)

views punishment as a means to repair harm/injury of the crime & focuses on the victim, community, and offender.

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How is restorative justice usually facilitated

Meeting between…
- Victim and Victim’s Family
- Offender and Offender’s Family
- Community

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People engaging in restorative justice discuss the _________ the crime had on the _____________, _____________, and ______________, and decide an appropriate _____________.

impact; victim; offender; community; sanction

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Principle of Proportionality (Retributive)

The punishment the offender receives should be proportionate to the harm caused by the offender.

“The punishment should fit the crime.”

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Mirror Image Theory

The idea that punishment should resemble the actions done by the defendant.

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T/F: The Mirror Image Theory is not consistent with the Desert Theory?

True

Woman runs red lights, hits person and breaks their legs.
That doesn’t mean the offender should have both of their legs broken. That would be too severe.

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How Retributive Theory ranks Crime

Based on…
1) Harm done or risked by offender
2) Culpability of the offender

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Deterrence punishment, for the Utilitarian Approach, believes the punishment should be _______ enough to __________ the _________, and _______-___ __________ from committing crime again or for the first time. The _______ should outweigh the __________

harsh; deter; offender; would-be offenders; cost; benefit

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Incapacitation punishment, for the Utilitarian Approach, believes the punishment should be ___________ to the _____________ posed by the offender.

risk; posed

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Rehabilitation punishment, for the Utilitarian Approach, is based on what is _________ to ___________ the offender. In this case, offenders will punished (________) with _______________ treatment programs to alter the __________ that cause their __________.

needed; reform; treated; individualized; forces; criminality

In sum, the three Utilitarian Justification perspectives establish that an offender's punishment should be tailored to the offender's 1) __________ of __________, 2) _______________, or 3) ___________ for ____________.

likelihood of recidivism; dangerousness; need for treatment

The judge's options at _______________ are more ________ if the offender's crime is more __________, and if he has a ______________ prior _____________ __________.

sentencing; limited; serious; lengthy; criminal record

The __________ ____________ is imposed almost EXCLUSIVELY for _________-_______ _____________.

Death Penalty; First-Degree Murder

In 2016, 11,700 persons were arrested for ___________ and nonnegligent ____________, yet only _____ were sentenced to _________.

murder; manslaughter; 31; death

Common feature of Death Penalty Statutes

Guided Discretion Statutes

Allow the death penalty to be imposed only if at least one aggravating circumstance is present.

In a bifurcated trial, the first stage involves determining the __________ or __________ of the defendant. If the defendant is found guilty and convicted of ___________ crime, for which the ______________ _____________ is an option, a separate ______________ proceeding is held. This is where the judge decides, based on the __________ and _________ evidence, if the defendant should receive the __________ ___________ or a lesser sentence like ____________ in prison.

guilt; innocence; capital; death penalty; sentencing; aggravating; mitigating; death penalty; life

Furman v. Georgia (1972)

ruled that death penalty being administered through the then-existing statutes (guided discretion statutes) was unconstitutional (violated defendant's 8th Amendment Right) Court feared the death penalty may be distributed in an arbitrary/discriminatory manner

Gregg v. Georgia (1976)

Court ruled that Georgia's statute, requiring jury to consider/weigh 10 aggravating circumstances, channeled jury discretion, and therefore wasn't arbitrary or discriminatory

appellate review

reviewing lower court judgements, to ensure correct procedure was followed.

How does Texas classify Misdemeanors?

Class A, Class B, Class C Class A - Most serious misdemeanors Class C - Least serious misdemeanors

Those convicted of Class ___ misdemeanors are _____ sentenced to jail or prison. Class ____ misdemeanors are punishable by _____ days in jail. Class ____ misdemeanors are punishable by ___ year in jail.

C; not; B; 180; A; 1

Everyone tried in U.S. __________ courts are sentenced to a ___________ ___________. There are no ___________ ____________.

district; federal prison; federal jails

Mandatory Minimum sentence

minimum required prison sentence for certain crime.

Mandatory minimum sentences are especially common among ___________ crimes, and those that involve the ________________ of a ________________. These sentences limits a ______________ options during ________________.

drug; possession; weapon; judge's; sentencing

Judges are not just limited in options for _________________, but the _____ of _____________ system within a jurisdiction.

sentencing; type; sentencing

Indeterminate Sentenceing

Primarily based on parole boards assessment of whether or not the defendant is "rehabilitated" and has spent enough time in prison. A range of years the defendant is sentenced to. (i.e., if the defendant is sentenced to 5-10 years in prison, he may serve no less than 5, but no more than 10).

Determinate Sentencing

Fixed-term sentences (i.e., if the judge sentences the defendant to 4-15 years in prison, he may serve exactly 10 years, minus credit for good behavior during incarceration).

Incarceration Option for Voluntary or Presumptive Sentencing Guidelines

Where judges sentence defendant to prison term based on where the convergence is of the crime seriousness scale (1-11) and past criminal history scale (0-6).

California's Public Safety Realignment Act (AB 109/117)

Transfers responsibility to supervise low level inmates / parolees from CDCR to counties.

The Public Safety Realignment Act was made to reduce the state _____________ population, by diverting _____-________ offenders from __________ to ________.

prison; low-level; prison; jail

Probation

Judge releases defendant into community based on conditions defendant is expected to abide by.

Conditions of Probation usually include __________ all laws, ___________ __________ treatment, ___________ testing, and _________ programs.

obeying; substance abuse; drug; education

Revocation of ____________ by a ____________ is more likely if the ______________ is _____________ of a _______ offense, rather than a ___________ of their ___________ conditions.

probation; judge; defendant; convicted; new; violation; probationary

While ___________ ___________ ________________ limit judge's options, judges still have a wide deal of ___________ in imposing __________ instead of a ________ sentence. State Statutes allow judges to use ___________ instead of a prison sentence unless, a) the offender is __________ to commit ________ crime if released, b) ___________ the offender needs is _________ provided in _________ or __________, c) the ___________ of the crime doesn't warrant probation.

mandatory minimum sentences; discretion; probation; prison; probation; likely; more; help; better; jail; prison; seriousness

Intermediate Sanctions (don't memorize)

- boot camps - house arrest and electronic monitoring - community service - monetary penalties

Boot Camps

3-6 month program Diverts young first offenders of nonviolent crime AWAY from a life of crime, using same tactics to turn person into soldier.

House arrest (w/ or w/o Electronic Monitoring)

Ordering an offender to remain at home for a specified period of time.

When are house arestees allowed to leave their homes

-Check in w/ parole officer - Get food or medication - School - Work

Community Service

offender required to perform unpaid work at... -schools -hospitals -parks -and other nonprofit agencies.

Monetary Penalties

-Fines -Fees -Restitution paid to the victim

T/F: Fines are used as an alternative to incarceration for (less serious) felonies and misdemeanors?

False Fines are usually a condition of probation, or are imposed in conjunction with a sentence of some kind.

Day Fine

Fines calibrated to 1) the seriousness of the offense, and 2) the offender's ability to pay

Day fines are typically more ____________, for the ____________ who has to pay. The system almost guarantees that the ___________ will be able to _________ in full. Day Fines operate by the judge creating "_________ _________." The judge will require the _________ to pay a variable amount of _________ __________ depending on how much _________ the offender makes in a day. Ex. (If I were to make $500 dollars a day, and the judge required of me 5 punishment units, then in total, I'll be responsible for paying $__________.)

equitable; offender; offender; pay; "punishment units"; offender; punishment units; money; $2,500

Researchers contend that Sentencing is a 2 step process: 1. The ___________ deciding whether or not the _______________ should be ___________. 2. Deciding how ________ the ____________ should be.

judge; offender; incarcerated; long; sentence

What are Judges Sentencing Decisions Primarily Based On

1) Seriousness of the offense 2) Prior criminal record

_____________ ______________ and ____________ __________ are " ______________ __________ of ___________."

Offense seriousness; criminal record; key determinants; sentencing

Variables taken into account when measuring offense seriousness includes... - ________ of crime - ________ _____________ of the crime - whether the offender used a _____ - the _________ of injury to the victim - amount of ________ stolen - whether the offender ___________ a _________ or non-__________.

type; statutory classification; gun; degree; property; victimized; stranger; non-stranger

Variables taken into account when measuring criminal history include... - whether the offender was previously _____________. - whether the offender was previously convicted of a __________ or __________. - whether the offender was convicted of a ___________ _________. - whether the offender was on ___________ or ___________ at the time of arrest. - whether the offender's crimes were increasing in ___________ before latest offense.

arrested; misdemeanor; felony; violent crime; parole; probation; frequency

______/_________, ___________, ________, __________ ___________, _________, and __________ ______________ are all factors that affect offender sentencing as well.

Race/Ethnicity; gender; age; education level; income; employment status

"non-_________" defendants are treated more ___________ than defendants who are surrounded by ___________, be it parents, spouses, kids etc...

non-familied; harshly; families

__________ who kill __________ are more likely to receive the __________ __________ as opposed to murder rates of black on black, and white on white murder. _________ defendants charged with sexually assaulting a ___________ woman are more likely to receive the _________ ___________ than other race of offender/race of victim pairs.

Blacks; whites; death penalty; Black; white; death penalty

Which victim characteristics are taken into account in sentencing? - _______ - ____________ - __________ - "______- _________" behavior - ____________

age; occupation; education; "risk-taking" behavior; reputation

The relationship between the ___________ and the ___________, in sexual assault cases is also taken into consideration. __________ convicted of sexual assault of ___________ are sentenced more _______ than those who have a past with the __________.

offender; victim; Offenders; strangers; harshly; victim

Trial Penalty/Jury Tax

tax on defendant for not "pleading guilty" and insisting jury trial (fuels the idea that defendants who request a trial face harsher sentencing).

Research suggests defendants who don't _________ ____________ are more likely to be ____________, and more so than that, be ___________ for a longer period of time than they would've been had they __________ ____________.

plea guilty; incarcerated; incarcerated; plead guilty.

____- _______ ______________ increases the likelihood of the defendant facing ______________ after a conviction.

Pre-trial detention; incarceration