Chapter 3 Powerpoint pt. 2 Flashcards Preview

Criminal Justice 130 Survey of Criminal Law > Chapter 3 Powerpoint pt. 2 > Flashcards

Flashcards in Chapter 3 Powerpoint pt. 2 Deck (43)
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1
Q

List the type of punishments that are often used in combination with one another.

A
Imprisonment
Fines
Probation
Intermediate Sanctions
Death
Assets for forfeiture
2
Q

What are some examples of intermediate sanctions?

A

House arrest, “shock” incarceration, community service, restitution

3
Q

What type of sentencing is this: Individuals sentenced to a year or less are generally sentenced to local jails?

A

imprisonment

4
Q

What type of sentencing is this: State statutes usually provide this as an alternative to incarceration or in addition to incarceration?

A

fines

5
Q

What type of sentencing is this:
Involves the suspension of a prison sentence so long as an individual continues to report to a probation officer and adhere to certain required standards of personal conduct?

A

probation

6
Q

The conditions of _________ are required to be reasonably related to the rehabilitation of the offender and the protection of the public.

A

probation

7
Q

The conditions of probation are required to be reasonably related to the ___________ of the offender and the ________ of the public.

A

rehabilitation

protection

8
Q

Intermediate sanctions may be imposed as a _______ sentence, as a condition of ________, following ____________, or in combination with a _____.

A

criminal
probation
imprisonment
fine

9
Q

___________ _________ may be imposed as a criminal sentence, as a condition of probation, following imprisonment, or in combination with a fine.

A

Intermediate sanctions

10
Q

What do you use to evaluate sentencing schemes?

A

1) Proportionality
2) Individualism
3) Disparity
4) Predictability and Simplicity
5) Excessiveness
6) Truthfulness
7) Purpose

11
Q

Individualism – sentence should reflect the offender’s criminal _______ and threat posed to _______.

A

history

society

12
Q

____________– sentence should reflect the offender’s criminal history and threat posed to society

A

Individualism

13
Q

________– sentences for particular offenses should be uniform

A

Disparity

14
Q

Disparity – sentences for particular offenses should be _______

A

uniform

15
Q

___________ and _________ – Sentences should be clear and definite and should not be dependent on the bias of judge

A

Predictability

Simplicity

16
Q

Predictability and Simplicity – Sentences should be _____ and _______ and should not be dependent on the _____ of judge

A

clear
definite
bias

17
Q

______________– sentence should not inflict unnecessary pain and suffering

A

Excessiveness

18
Q

____________– sentence should reflect actual time served in prison

A

Truthfulness

19
Q

________– sentence should be intended to achieve one or more of the purposes of punishment

A

Purpose

20
Q

The U.S. Department of Justice reported in ______ that state and federal courts convicted almost 1,145,000 adults of felonies.

A

2004

21
Q

The U.S. Department of Justice reported in 2004 that state and federal courts convicted almost ___________ adults of ________.

A

1,145,000

felonies

22
Q

____% of individuals convicted in state courts were sentenced to prison, and ___% were sentenced to probation with no jail time.

A

70%

30%

23
Q

Seventy percent of individuals convicted in state courts were sentenced to _______, and 30 percent were sentenced to _________ with no jail time.

A

prison

probation

24
Q

The average sentence for felons sentenced to state prisons was ___ months; the average probation sentence was ___ months. Individuals sentenced to local jails, on average, received a __-month sentence.

A

57
38
6

25
Q

The average sentence for felons sentenced to ______ _______ was 57 months; the average _________ sentence was 38 months. Individuals sentenced to local jails, on average, received a 6-month sentence.

A

state prisons

probation

26
Q

Roughly ___% of convicted felons were required to pay restitution.

A

18%

27
Q

Roughly 18 percent of convicted felons were required to pay _________.

A

restitution

28
Q

List the different type of approaches to sentencing.

A
  1. Determinate Sentences
  2. Mandatory Minimum Sentences
  3. Indeterminate Sentences
  4. Presumptive Sentencing Guidelines
  5. Consecutive Sentences
  6. Concurrent Sentences
  7. Clemency and Pardon
29
Q

Which type of approach to sentencing is this: legislatures allow judges little discretion

A

Determinate Sentences

30
Q

Which type of approach to sentencing is this: legislature sets mandatory minimums for certain crimes regardless of mitigating factors

A

Mandatory Minimum Sentences

31
Q

Which type of approach to sentencing is this: judges set a minimum and maximum sentence with defined limits

A

Indeterminate Sentences

32
Q

Which type of approach to sentencing is this: a formula is used to determine the sentence

A

Presumptive Sentencing Guidelines

33
Q

Which type of approach to sentencing is this: when convicted of multiple offenses, the defendant serves the sentences one after the other

A

Consecutive Sentences

34
Q

Which type of approach to sentencing is this: when convicted of multiple offenses, the defendant serves the sentences at the same time

A

Concurrent Sentences

35
Q

The federal guidelines also specify that any _____ _______ must be approved by a ______ to ensure that any sentence agreed upon is within the range established by the guidelines.

A

plea bargain

judge

36
Q

A _____ _______ is a negotiated agreement between defense and prosecuting attorneys.

A

plea bargain

37
Q

A plea bargain is a negotiated agreement between ________ and __________ attorneys.

A

defense

prosecuting

38
Q

True or False: The impact of the guidelines is difficult to measure, but studies suggest that the guidelines have decreased the percentage of defendants who receive prison terms.

A

False; it increases the percentage of defendants who receive prison terms

39
Q

What happened in the Smith v. Doe case?

A

Smith served time for some sort of sexual offense against a child, and years later was being required to register as a sex offender. Smith objected to this because he was now an established family man. Smith claimed double jepordardy.
The court held it was a civil statute, designed to inform and protect the public

40
Q

True or False: double jepordary onl applies to criminal cases.

A

True

41
Q

What is assets forfeiture?

A

seizure of the fruits of criminal activity

42
Q

What are the four different spproaches to sentencing by the federal and state government?

A
  1. determinate sentencing
  2. mandatory/minimum sentencing
  3. indeterminate sentencing
  4. presumptive sentencing guidelines
43
Q

Who was the first to do sentencing guidelines? When did it happen?

A

Minnesota in 1980