Sentencing and Alternatives Flashcards

(8 cards)

1
Q

What happened in Tarasoff v Regents?

A

A patient (Poddar) told his therapist he intended to kill Tatiana Tarasoff. The therapist notified police but did not warn Tatiana or her family. Poddar later killed her.

Issue: Do mental health professionals have a duty to warn potential victims if a patient makes a serious threat?

Holding: Yes

Significance: Established the “duty to protect”

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2
Q

What are the goals of imprisonment?

A

General deterrence
Specific deterrence
Retribution
Rehabilitation

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3
Q

What is the trend of incarceration rates and how do they and crime rates correlate?

A

Incarceration rose a great deal in 1970s but have declined in recent years.

Do not really have a strong correlation.

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4
Q

What are the three countries with highest incarceration rates?

A

US, El Salvador, and Rwanda

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5
Q

How many males born in 2001 experience some form of imprisonment?

A

1/9

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6
Q

What are the legal standards in sentencing?

A

Race may not be a consideration in a criminal sentence.

Reasonable Observer standard

Actual reliance standard

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7
Q

What is the observer standard?

A

An objective legal test asking what an average, reasonable person (or observer) would think or do in a given situation

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8
Q

What is the actual reliance standard?

A

This is a subjective test that asks whether the individual in question actually relied on a statement, promise, or law when acting.

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