Chapter 14 Flashcards
(87 cards)
1
Q
What is the goal of general deterrence in punishment?
A
to discourage other potential lawbreakers from committing crimes
2
Q
What does individual deterrence aim to prevent?
A
The specific offender from committing future crimes.
3
Q
What is the purpose of incapacitation?
A
To protect society by confining the offender.
4
Q
What does retribution emphasize in punishment?
A
That offenders should get their “just desserts” and not benefit from their crimes.
5
Q
How does moral outrage function in the context of punishment?
A
It provides societal catharsis and emotional relief.
6
Q
What is the goal of rehabilitation?
A
To help offenders reform by changing values, developing skills, and adopting new lifestyles.
7
Q
What is the goal of restitution?
A
To have offenders compensate victims for their losses or damages.
8
Q
What do utilitarian approaches to punishment emphasize?
A
Useful outcomes like deterrence, rehabilitation, and compensation.
9
Q
Why did rehabilitation fall out of favor in the 1970s?
A
Due to high recidivism rates and the rise of deterrence-focused policies.
10
Q
What does the retributive approach focus on?
A
What the criminal deserves based on culpability.
11
Q
What does the American public typically prioritize in punishment?
A
Retribution over deterrence.
12
Q
What did Kahan argue regarding public acceptance of punishment?
A
Sentences must reflect society’s moral outrage.
13
Q
What is an example of a shaming penalty?
A
Requiring offenders to wear a sign indicating they’ve committed a violent crime.
14
Q
What is the focus of restorative justice?
A
Repairing harm and reintegrating the offender into society.
15
Q
How does restorative justice empower victims and communities?
A
By helping them achieve understanding and closure.
16
Q
What is the focus of the juvenile justice system?
A
Intervention and rehabilitation over punishment.
17
Q
What are some sentencing options in juvenile court?
A
Secure facility, probation, group home, mental health program, community service, blended sentencing.
18
Q
Why is life sentencing for juveniles controversial?
A
It may be considered cruel and unusual due to brain development differences.
19
Q
Are sex offenders likely to reoffend?
A
No, recidivism rates are relatively low, especially with treatment.
20
Q
What is a common misconception about sex offender recidivism?
A
That they are highly likely to reoffend.
21
Q
What does registration and notification involve?
A
Publicly listing an offender’s residence and status.
22
Q
What are residency restrictions for sex offenders?
A
Laws preventing them from living near schools, parks, etc.
23
Q
What justifies involuntary commitment of sex offenders?
A
A diagnosable mental abnormality and a likelihood of future offense.
24
Q
What are examples of mandated treatments for sex offenders?
A
Behavior modification, chemical castration, hormone therapy.
25
Who decides on the death penalty in U.S. cases?
a jury
26
: What percentage of Americans support the death penalty for murder (as of 2021)?
60%
27
Does the death penalty ensure equal treatment before the law?
No, its application is inconsistent across states and counties.
28
What is “death qualification” during jury selection?
Screening jurors based on their views on capital punishment.
29
How many innocent people have been estimated to be executed?
Between 2.5% and 5% of those executed.
30
What populations are exempt from the death penalty?
Youthful offenders and those with intellectual disabilities.
31
What is blended sentencing in juvenile cases?
A combination of juvenile and adult sanctions that can extend into adulthood if rehabilitation fails.
32
What is the rationale behind residency restrictions for sex offenders?
That offenders are opportunistic and likely to seek victims in public spaces.
33
What is a criticism of "one size fits all" rehabilitation programs?
They are less effective because they don’t address individual offender needs
34
Why did deterrence replace rehabilitation in the 1970s and 1980s?
Due to public demand for "tough on crime" policies like mandatory minimums and 3-strikes laws.
35
What is the difference between retributive and restorative justice?
Retributive justice focuses on punishment; restorative justice focuses on healing for the victim, offender, and community.
36
What is “proportional justice”?
The idea that the punishment should match the severity of the crime—"adult crime, adult time."
37
What criteria are used to justify civil commitment of sex offenders?
Diagnosis of a mental abnormality or disorder that predisposes them to commit future sexual violence.
38
What is moral denunciation in sentencing?
Public expression of disapproval for a crime through the sentence imposed.
39
What has research shown about the effectiveness of restorative justice?
It's particularly supported for less serious crimes and when combined with punitive measures for serious offenses.
40
Why is assessing culpability in retributive justice difficult?
It requires judgment of intent, mental state, and circumstances, which are often complex.
41
What is the primary purpose of punishment in the legal system?
To serve as a deterrent, to incapacitate offenders, to rehabilitate them, to provide retribution, and to offer moral outrage.
42
Define "general deterrence" in the context of punishment.
The aim to discourage the general public from committing crimes by making an example of offenders.
43
What does "individual deterrence" seek to achieve?
To prevent the specific offender from committing future crimes through punishment.
44
Explain "incapacitation" as a goal of sentencing.
Removing offenders from society to prevent them from committing further crimes.
45
What is meant by "retribution" in sentencing?
Punishing offenders because they deserve to be punished for their wrongdoing.
46
How does "moral outrage" function in the legal system?
It allows society to express its anger and frustration over crimes, providing a sense of justice.
47
What is the goal of "rehabilitation" in corrections?
To reform offenders so they can return to society as law-abiding citizens.
48
Define "restitution" in the context of sentencing.
Offenders compensating victims for the harm caused by their crimes.
49
What is "retributive justice"?
A theory of justice that emphasizes punishment as a response to crime, focusing on the offense rather than the offender's rehabilitation.
50
Describe "utilitarian approaches" to punishment.
These approaches focus on the consequences of punishment, aiming to maximize societal benefits such as deterrence and rehabilitation.
51
What is "determinate sentencing"?
A fixed-term sentence where the offender serves a specific amount of time without parole.
52
Explain "indeterminate sentencing."
Sentences that allow for parole based on the offender's behavior and rehabilitation progress.
53
What does "evidence-based sentencing" involve?
Using empirical research and risk assessments to guide sentencing decisions.
54
Define "focal concerns theory."
A theory suggesting that judges' sentencing decisions are influenced by concerns about blameworthiness, protection of the community, and practical constraints.
55
What is "death qualification" in jury selection?
The process of screening potential jurors in capital cases to determine if they can impose the death penalty.
56
What are "shaming penalties"?
Sentences that involve public humiliation, aiming to deter offenders and satisfy societal outrage.
57
What is "chemical castration"?
A medical treatment involving hormone therapy to reduce sexual drive, often used for sex offenders.
58
Define "solitary confinement."
The isolation of prisoners in a single cell with minimal human contact, often used as a disciplinary measure.
59
What is the "due process model" of justice?
A model emphasizing the protection of individual rights and ensuring fair procedures in the legal process.
60
What is the "crime control model"?
A model prioritizing the efficient detection and prosecution of criminals to maintain public order.
61
what is indeterminate sentencing?
A sentencing model where offenders are given a range of time to serve (e.g., 5–10 years), with the possibility of parole based on behavior and rehabilitation progress.
62
Define determinate sentencing.
A fixed-term sentence where the offender serves a specific period in prison without the possibility of parole.
63
What are structured sentencing guidelines?
Standardized frameworks used to determine appropriate sentences based on the severity of the offense and the offender's criminal history.
64
What is the role of judicial discretion in sentencing?
Judicial discretion allows judges to tailor sentences based on the specifics of the case, including the nature of the offense and the offender's background.
65
Explain the concept of mandatory minimum sentences.
Laws that require judges to impose a minimum sentence for certain offenses, limiting judicial discretion and aiming to standardize punishments.
66
What is the presentence investigation report?
A report prepared by probation officers that provides background information on the offender, including criminal history and personal circumstances, to assist judges in sentencing decisions.
67
How are juvenile offenders typically sentenced?
Juveniles are often sentenced with a focus on rehabilitation and may receive more lenient sentences compared to adults, emphasizing education and treatment.
68
What are the sentencing considerations for recidivist sex offenders?
Sentencing may include longer terms, specialized treatment programs, and monitoring due to the high risk of reoffending.
69
What is retributive justice?
A theory of justice that emphasizes punishment as a response to crime, focusing on the offense rather than the offender's rehabilitation.
70
Define utilitarian approaches to punishment.
Approaches that focus on the consequences of punishment, aiming to maximize societal benefits such as deterrence and rehabilitation.
71
What is death qualification in jury selection?
The process of questioning potential jurors in capital cases to determine if they can impose the death penalty.
72
What are the ethical concerns regarding the death penalty?
Issues include the risk of executing innocent individuals, racial disparities, and the irreversible nature of the punishment.
73
Martell is a judge who focuses on three main concerns in reaching sentencing decisions: (1) the defendant’s culpability, (2) protection of the community (emphasizing incapacitation and general deterrence), and (3) practical constraints and consequences of the sentence, including concerns about disrupting ties to children and other family members. What does Martell practice?
Focal concerns theory
74
In which of the following do judges focus on three main concerns in reaching sentencing decisions: (1) the defendant’s culpability, (2) protection of the community (emphasizing incapacitation and general deterrence), and (3) practical constraints and consequences of the sentence, including concerns about disrupting ties to children and other family members?
Focal concerns
75
In some states, indeterminate sentencing allows judges to utilize their discretion to do which of the following?
Provide a variable period of incarceration for a given offense
76
77
One factor that has led to new approaches and reforms in punishment is which of the following?
All of these are correct.
78
Which of the following is considered in sentencing in every jurisdiction?
Criminal’s past record
79
“Get tough” or retributive approaches to punishment have been reflected by which of the following factors?
All of these are correct.
80
In 2002, the Supreme Court ruled that it was cruel and unusual punishment, in violation of the Eighth Amendment, to do which of the following?
Execute offenders with intellectual abilities
81
Judges seek alternative sentencing options other than incarceration because of which of the following factors?
All of these are correct.
82
Despite requirements that convicted sex offenders register with local law enforcement upon release from prison, one investigation revealed that California authorities have lost track of more than which of the following number of sex offenders who were registered at one point in time?
33,000
83
Which of the following are elements of the defendant’s background or the crime, such as experiencing mental illness or acting under duress at the time of the offense, that make life imprisonment the more appropriate verdict?
Mitigating factors
84
Which of the following involves administering hormones to reduce testosterone levels and thereby lower sex drive, sexual arousal, and sexual fantasizing?
Chemical castration
85
Which of the following types of hearing typically combine adversarial procedures and attention to the particular needs—social, psychological, physical—of the child? They include recommendations by probation officers and social workers, reports of social and school histories, and discussions with the offenders and their families, probation staff, and other professionals
Dispositional
86
In which of the following systems do those convicted are sentenced for a fixed length of time determined by statutes and guidelines, and there is no parole? The primary goals of these sentences are retribution and moral outrage.
Determinate sentencing
87
Louanda is a research who examines a system that borrowed from features of indigenous justice systems including the First Nations people of Canada and the United States and the Maori of New Zealand. It views crime as a violation of the victim and the community, rather than the state. It uses open dialogue to gain consensus about responsibility-taking and dispute resolution. What is she researching?
Restorative justice
