Chapter 3 Terms Flashcards
(28 cards)
Assets Forfeiture
seizure pursuant to a court order of the “fruits” of illegal narcotics transactions (along with certain other crimes) or of material that was used to engage in such activity.
Beyond a Reasonable Doubt
the standard of proof applied in a criminal case; requires that a judge or juror is convinced beyond a moral certainty.
Clemency
an executive governmental official reduces a criminal sentence.
Concurrent Sentences
sentences for each criminal act are served at the same time.
Consecutive Sentences
sentences for each criminal act are served one after another.
Determinate sentence
a sentence fixed by the state legislature.
Disparity
sentences for a particular offense are not uniform and vary from one another.
Eighth Amendment
prohibits cruel and unusual punishment.
General Deterrence
punishment intended to deter individuals other than the offender from committing a crime.
Incapacitation
a theory of punishment that protects the public by incarcerating offenders.
Indeterminate sentence
the state legislature provides judges with the ability within certain limits to set a minimum and maximum sentence. While imprisoned, the offender is evaluated by a parole board.
Just Deserts
offenders receive the sentence that they deserve.
Mandatory Minimum Sentence
the legislature requires judges to sentence an offender to a minimum sentence, regardless of mitigating factors. Prison sentences may be reduced by good-time credits while incarcerated:
Megan’s Law
sexually violent offender registration laws are named in memory and honor of Megan Kanka, a 7-year-old New Jersey child who was sexually assaulted and murdered by a neighbor in 1994.
Pardon
exempts an individual from additional punishment.
Plea Bargain
negotiated agreements between the defense attorney and prosecutor and often approved by a judge.
Preponderance of the Evidence
the standard of proof in a civil case. The facts are probably more in favor of one side than the other.
Presumptive Sentencing Guidelines
a legislatively established commission establishes a sentencing formula based on various factors, including the nature of the crime and offender’s criminal history. Judges may be strictly limited in terms of discretion or may be provided with some flexibility within established limits to depart from the presumptive sentence.
Proportionality
a sentence should “fit the crime.”
Rehabilitation
punishment intended to reform offenders and to transform them into law-abiding members of society.
Restoration
stresses the harm caused by crime to victims and requires offenders to engage in financial restitution and community service to compensate the victim and the community and to “make them whole once again.”
Retribution
offenders receive the punishment that they deserve.
Selective Incapacitation
singles out repeat offenders and other dangerous individuals for lengthy detention.
Son of Sam laws
prohibit offenders from profiting from their crime.
