Chapter 3 Powerpoint pt. 3 Flashcards Preview

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

Flashcards in Chapter 3 Powerpoint pt. 3 Deck (50)
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1
Q

It is unconstitutional to enhance a sentence based on facts found to exist by the judge by a ____________ ___ ____ ________ (a probability) rather than beyond a reasonable doubt by a jury.

A

preponderance of the evidence

2
Q

It is unconstitutional to enhance a sentence based on facts found to exist by the judge by a preponderance of the evidence (a probability) rather than _______ __ __________ ______ by a jury.

A

beyond a reasonable doubt

3
Q

In which cases did the U.S. Supreme Court once again addressed the federal guidelines and explicitly held that the guidelines are advisory?

A

(1) Rita v. United States
(2) Gall v. United States
(3) Kimbrough v. United States

4
Q

Roughly ___ states have some form of truth in sentencing legislation and have qualified for funding.

A

40

5
Q

Roughly 40 states have some form of _____ ___ __________ legislation and have qualified for funding.

A

truth in sentencing

6
Q

Over 70% of violent offenders are serving longer sentences than they did prior to _____ ___ ___________.

A

truth in sentencing

7
Q

Over ____% of violent offenders are serving longer sentences than they did prior to truth in sentencing.

A

70%

8
Q

What year was the Victims of Crime Act (VOCA) passed?

A

1986

9
Q

(VOCA) provides for a compensation fund and establishes the Office for Victims of Crime (OVC), which is responsible for?

A

coordinating all victim-related federal programs.

10
Q

In 1986, the U.S. Congress passed the _______ ___ _____ ____ (_____)

A

Victims of Crime Act (VOCA)

11
Q

(VOCA) provides for a compensation fund and establishes the ______ for _______ of ______ (OVC), which is responsible for coordinating all victim-related federal programs.

A

Office
Victims
Crime

12
Q

President ________ ______ also signed the Crime Victims Rights Act of 2004.

A

George W. Bush

13
Q

President George W. Bush also signed the _____ _______ ______ ____ of 2004

A

Crime Victims Rights Act

14
Q

What does the Crime Victims Rights Act of 2004 proclaim?

A

Proclaims various rights for crime victims: (1) the right to be informed of all relevant information involving the prosecution, (2) imprisonment, and release of an offender, (3) the right to compensation and return of property.

15
Q

_________, along with ___ other states, has adopted constitutional amendments protecting victims.

A

California

19

16
Q

Another important development is the U.S. Supreme Court’s approval of ______ ______ __________ in death penalty cases.

A

victim impact statements

17
Q

Another important development is the U.S. Supreme Court’s approval of victim impact statements in ______ _______ cases.

A

death penalty

18
Q

The ________ ___________ and an estimated ___ states have laws that authorize direct victim involvement at sentencing for criminal offenses.

A

federal government

20

19
Q

The federal government and an estimated 20 states have laws that authorize ______ ______ ____________ at sentencing for _______ offenses.

A

direct victim involvement

criminal

20
Q

All ___ states and the District of Columbia provide for some form of _______ submissions.

A

50

written

21
Q

All 50 states and the _______ ___ ________ provide for some form of written submissions.

A

District of Columbia

22
Q

43 states adopted ____ of ____ laws.

A

Son

Sam

23
Q

___ states adopted Son of Sam laws.

A

43

24
Q

What are the Son of Sam laws?

A

Prohibit convicted felons from profiting from books, films, or television programs that recount their crimes; instead, these laws make such funds available to victims

25
Q

The 8th Amendment to the U.S. Constitution is the primary constitutional check on __________.

A

sentencing

26
Q

The __th Amendment to the U.S. Constitution is the primary constitutional check on sentencing.

A

8th

27
Q

Statutes that provide different sentences based on gender also have been held to be in violation of the ______ __________ ________.

A

Equal Protection Clause

28
Q

The general rule is that a defendant must demonstrate both a discriminatory _______ and a discriminatory _______ to prove it violates equal protection.

A

impact

intent

29
Q

Explain the State v. Chambers case.

A

State v. Chambers struck down a statute that ultimately resulted in men receiving significantly shorter prison sentences than women convicted of the same crime

30
Q

During colonial times and the early American republic, the purpose of punishment is to inflict _____ and ______ _____

A

pain

public shame

31
Q

America had a gradual move away from __________ ________ sanctions.

A

physically painful

32
Q

Disillusionment with __________ ___________ and ____________ led to the development of harsh sentencing guidelines such as “truth in sentencing” laws and determinate sentencing.

A

flexible sentences

rehabilitation

33
Q

Disillusionment with flexible sentences and rehabilitation led to the development of harsh sentencing guidelines such as “_____ ___ __________” laws and ___________ __________.

A

truth in sentencing

determinate sentencing

34
Q

____________ with flexible sentences and rehabilitation led to the development of harsh sentencing guidelines such as “truth in sentencing” laws and determinate sentencing.

A

Disillusionment

35
Q

At the turn of the 20th century, most states and the federal government employed ____________ sentencing but the disillusionment with the notion of rehabilitation led to ___________ sentencing

A

indeterminate

determinate

36
Q

At the turn of the 20th century, most states and the federal government employed indeterminate sentencing but the _____________ with the notion of ____________ led to determinate sentencing

A

disillusionment

rehabilitation

37
Q

The Sentencing Reform Act established the ____ __________ ___________.

A

U.S. Sentencing Commission

38
Q

The Sentencing Reform Act abandoned ___________ as a purpose of imprisonment.

A

rehabilitation

39
Q

What are the goals of the Sentencing Reform Act?

A

retribution, deterrence, incapacitation, and the education and treatment of offenders

40
Q

The ____________ _______ _____ established the U.S. Sentencing Commission.

A

Sentencing Reform Act

41
Q

The ____________ _______ _____ abandoned rehabilitation as a purpose of imprisonment.

A

Sentencing Reform Act

42
Q

Fact-finding by the judge violates ______ Amendment.

A

Sixth

43
Q

Punishments are considered cruel if they involve _______ or ________ death

A

torture

lingering

44
Q

What are the considerations when judging whether a punishment is cruel and unusual?

A

(1) Punishment must be acceptable to society. (Prevailing Social Values)
(2) Punishment must be strictly necessary to the achievement of a correctional goal. (Penological Purpose)
(3) Individuals subject to punishment must be treated with human respect and dignity. (Human Dignity)

45
Q

What is the claim that anti-lethal injection advocates advocate?

A

Opponents claim that individuals who administer the three-drug protocol lack training to safely administer the drugs

46
Q

What happened in the Roper v. Simmons case?

A

Respondent committed murder when he was age 17. He was tried and sentenced to death after he turned 18.
The court found that minors can be subject to the death sentence only if the charges warrant execution. The court found that capital punishment sentences for minors between the ages of 16 and 17 did not violate any rights awarded by the 8th Amendment.

47
Q

What are the mandatory minimums for drug offenses?

A

(1) Rockefeller Drug Laws
(2) Anti-Drug Abuse Act of 1986 (and 1988 amendments)
(3) Fair Sentencing Act of 2010

48
Q

Prosecutors argue that minimum sentences (in drug offenses) are required to ______ individuals as well as gain the __________ of defendants through the threat of a lengthy sentence

A

deter

cooperation

49
Q

What are some of the flaws of mandatory minimums in drug offenses?

A

(1) Inflexibility
(2) Disparities in enforcement
(3) Increasing prison population
(4) Disproportionate affect on minorities and women

50
Q

What happened in the Robinson v. California case?

A

Ruled that it was cruel and unusual punishment to impose criminal penalties on Robinson based on his conviction of the status offense of narcotics addiction