Chapter 3 Powerpoint pt. 1 Flashcards Preview

CRJ 130 Survey of Criminal Law > Chapter 3 Powerpoint pt. 1 > Flashcards

Flashcards in Chapter 3 Powerpoint pt. 1 Deck (45):
1

In the United States, courts have attempted to balance the need for swift and forceful ___________ with the recognition that individuals are constitutionally entitled to _____ procedures and are to be free from _____ and _______ punishments.

punishment
fair
cruel
unusual

2

Courts have moved away from _______ and __________ punishments.

painful
humiliating

3

The United States is witnessing a revolution in ___________.

sentencing

4

What is the purpose of punishment?

An emphasis on deterrence, retribution, incapacitation, education, and treatment of offenders rather than on rehabilitation.

5

Judicial discretion in sentencing is greatly _________.

reduced

6

Judicial _________ in sentencing is greatly reduced.

discretion

7

The federal government and states have introduced __________ _________ and _________ _________ __________; illustrated by Three Strikes, You’re Out legislation, and drug laws.

sentencing guidelines
mandatory minimum sentences

8

The federal government and states have introduced sentencing guidelines and mandatory minimum sentences; illustrated by who?

(1) Three Strikes Laws
(2) You’re Out legislation
(3) Drug laws.

9

The authority of parole boards to release prisoners prior to the completion of their sentences and the ability of incarcerated individuals to accumulate “good time” is vastly reduced as a result of _____ ___ __________ legislation.

truth in sentencing

10

As a consequence of truth in sentencing legislation, offenders are serving a greater __________ of their sentences.

percentage

11

In _____, the U.S. government moved from indeterminate to determinate sentencing

1984

12

In 1984, the U.S. government moved from ___________ to __________ sentencing

indeterminate
determinate

13

Violent Crime Control and Law Enforcement Act of 1994; provided funds for prison construction and renovation to states on what condition?

states had to guarantee violent offenders serve 85% of their prison sentence.

14

_______ _____ _______ and ____ ___________ Act of 1994; provided funds for prison construction and renovation to states that guarantee violent offenders serve 85% of their prison sentence.

Violent Crime Control
Law Enforcement

15

Violent Crime Control and Law Enforcement Act of 1994; provided funds for prison construction and renovation to states that guarantee violent offenders serve ___% of their prison sentence

85%

16

True or False: Victims are being provided a greater role and more protections in the criminal justice process.

True

17

The death penalty does not violate the __th Amendment.

8th

18

The _____ ______ does not violate the Eighth Amendment.

death penalty

19

________ ___________ is subject to constitutional limitations under the ___th Amendment intended to ensure that death is a penalty proportionate to the offender’s crime.

Capital punishment
8th

20

How many states provide the death penalty?

34

21

Governors or the President (for federal offenses) may grant an offender clemency which results in?

The reduction of an individual’s sentence or in a commutation of a death sentence to life in prison

22

What are two cases that addressed the juvenile death penalty issue?

(1) Thompson v. Oklahoma, 1988
(2) Stanford v. Kentucky, 1989

23

What happened in the Thompson v. Oklahoma case in 1988?

The U.S. Supreme Court rules that the execution of a young person under the age of 16 at the time the offense was committed constituted cruel and unusual punishment

24

What happened in the Stanford v. Kentucky case in 1989?

The U.S. Supreme Court ruled that the execution of the individuals 16 or 17 years of age could not be considered either cruel or unusual

25

Courts have deferred to the decisions of _____ __________ and the _________ in regards to sentencing decisions and generally have held that prison sentences are proportionate to the offender’s crime.

state legislatures
Congress

26

What determines whether a law is criminal?

(1) Does the legislature characterize the penalty as civil or criminal?
(2) Has the type of penalty imposed historically been viewed as criminal?
(3) Does the penalty involve a significant disability or restraint on personal freedom?
(4) Does the penalty promote a purpose traditionally associated with criminal punishment?
(5) Is the imposition of the penalty based on an individual’s intentional wrongdoing, a requirement that is central to criminal liability?
(6) Has the prohibited conduct traditionally been viewed as criminal?

27

List the purposes of punishment.

(1) Retribution
(2) Deterrence
(3) Rehabilitation
(4) Incapacitation
(5) Restoration

28

Which type of punishment is this: Designed around “just deserts”?

retribution

29

Which type of punishment is this: Offenders receive punishments comparable to the seriousness of the crime ?

retribution

30

Which type of punishment is this: Eye for an eye, a tooth for a tooth?

retribution

31

Which type of punishment is this: Offenders are punished to deter future crime?

deterrence

32

Which type of punishment is this: the original goal of punishment in the United States?

rehabilitation

33

Which type of punishment is this: done to reform and transform the offender?

rehabilitation

34

Which type of punishment is this: appeals to the notion that people are essentially good?

rehabilitation

35

Which type of punishment is this: removes the offender from society to prevent further harm to society?

incapacitation

36

Which type of punishment is this: accepts that some offenders cannot be deterred or rehabilitated?

incapacitation

37

Which type of punishment is this: Difficulties with prediction of future behavior?

Incapacitation

38

Which type of punishment is this: requires the offender to engage in some kind of restitution?

restoration

39

Which type of punishment is this: restitution can consist of financial reimbursement or community service?

restoration

40

Which type of punishment is this: places the emphasis on the victim?

restoration

41

What is the difference between specific and general deterrence?

Specific deterrence – impose punishment to discourage a defendant from committing a crime in the future.
General deterrence – punish an offender to deter everyone else from violating the law.

42

True or False: Recidivism rates indicate that punishment deters crime

False; recidivism rates indicate that punishment rarely deters crime

43

True or False: other offenders are rarely concerned or are aware of the punishments received by other individuals

True

44

_________ ___________ – singles out offenders who have committed designated offenses for lengthy incarceration

Selective incapacitation

45

Selective incapacitation – singles out offenders who have committed ___________ offenses for lengthy ___________

designated
incarceration