Sentencing and Alternatives Flashcards
(8 cards)
What happened in Tarasoff v Regents?
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”
What are the goals of imprisonment?
General deterrence
Specific deterrence
Retribution
Rehabilitation
What is the trend of incarceration rates and how do they and crime rates correlate?
Incarceration rose a great deal in 1970s but have declined in recent years.
Do not really have a strong correlation.
What are the three countries with highest incarceration rates?
US, El Salvador, and Rwanda
How many males born in 2001 experience some form of imprisonment?
1/9
What are the legal standards in sentencing?
Race may not be a consideration in a criminal sentence.
Reasonable Observer standard
Actual reliance standard
What is the observer standard?
An objective legal test asking what an average, reasonable person (or observer) would think or do in a given situation
What is the actual reliance standard?
This is a subjective test that asks whether the individual in question actually relied on a statement, promise, or law when acting.