Chapter 3 Terms Flashcards Preview

CRJ 130 Survey of Criminal Law > Chapter 3 Terms > Flashcards

Flashcards in Chapter 3 Terms Deck (28):
1

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

assets forfeiture

2

the standard of proof applied in a criminal case; requires that a judge or juror is convinced beyond a moral certainty

beyond a reasonable doubt

3

an executive governmental official reduces a criminal sentence

clemency

4

sentences for each criminal act are served at the same time

concurrent sentences

5

a sentence fixed by the state legislature

determinate sentencing

6

sentences for a particular offense are not uniform and vary from one another

disparity

7

prohibits cruel and unusual punishment

8th Amendment

8

punishment intended to deter individuals other than the offender from committing a crime

general deterrence

9

a theory of punishment that protects the public by incarcerating offenders

incapacitation

10

the state legislature provides judges with the ability within certain limits to set a minimum and maximum sentence. The offender is evaluated while imprisoned by a parole board.

indeterminate sentencing

11

offender receives sentence that he or she deserves

just deserts

12

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

mandatory minimum sentences

13

sexually violent offender registration laws are named in memory and honor of Megan Kanka, a 7yr old New Jersey child who was sexually assaulted and murdered by a neighbor in 1994

Megan's Law

14

exempts an individual from additional punishment

pardon

15

negotiated agreements between the defense attorney and prosecutor and often approved by a judge

plea bargain

16

the standard of proof in a civil case. The facts are probably more in favor of one side than the other

preponderance of the evidence

17

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 limites to depart from the presumptive sentence

presumptive sentencing guidelines

18

a sentence should "fit the crime"

proportionality

19

punishment intended to reform offenders and to transform them into law-abiding members of society

rehabilitation

20

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."

restoration

21

offender receives the punishment that he or she deserves

retribution

22

singles out repeat offenders and other dangerous individuals for lengthy incapacitation

selective incapacitation

23

prohibits offenders from profiting from their crime

Son of Sam laws

24

punishment intended to deter or discourage an offender from committing another crime

specific deterrence

25

offense based on personal characteristics or condition rather than conduct that constitutes cruel and unusual punishment

status offenses

26

provides mandatory sentences for individuals who commit a third felony after being previously convicted for two serious or violent felonies. Also, stringent penalties are typically provided for a second felony

Three Strikes and You're Out law

27

laws that provide that offenders must serve a significant portion of thier criminal sentences

truth iin sentencing laws

28

victim or victim's family may address the court at sentencing

victim impact statement