Test 1 Flashcards
(33 cards)
Goal of Corrections
carry out sentencing
Define punishment
imposing unwanted burden or deprivation of liberty, resources etc. on convicted criminals in response to their crimes. PUNITIVE
3 elements of punishment
Classical Theory
SWIFT- the more prompt and close the punishment is to the crime the more just and useful it is.
CERTAIN- ensures that the punishment will make a stronger impression than fear. *Do act = punishment
SEVERE- punishment severity matches or exceeds the severity of the crime done.
Utilitarianism and its functions
- Definition: greater good for society.
* Determines morality based upon how many people were helped by an act.
Hedonism and how it’s addressed
- Definition: all life goals are desirable only as means to the end of achievement bring pleasure or avoiding pain.
- ??????????????
Justifications for Punishment
Retribution, rehabilitation, reintegration, deterrence (specific, general ), incapacitation,
3 Concepts of Sentencing
- penalty
- order by court
- after finding -OR- plea of guilt
Determinate sentencing
Sentencing with a fixed maximum amount of time that MUST be served.
*(E.G.) You are sentenced 20 years for the crime of ____. Good times DOES apply. (p.74)
Indeterminate sentencing
Sentencing with a minimum and maximum amount of time to be served. Good time DOES apply (p.74)
Mandatory sentencing
Probation isn’t an option, minimum time has to be served. (p.74)
Concurrent Sentence
Max. Amt of time Offense A: 5 yr. potential term ***Offense B: 10 yr. potential term Offense C: 30 day potential term Concurrent =
Consecutive Sentence
???? Offense A: 5 yr. potential term Offense B: 10 yr. potential term Offense C: 30 day potential term **Consecutive = 15 yrs. 30 days *ADD EVERY OFFENSE TERM
Habitual Offenders & purpose/issues
3 strikes you’re out.
Purpose:
Issues:
Split Sentencing
Spending some time then remaining time on supervision.
VIS (Victim Impact Statements) definition & purpose
Statements given by victims stating how a crime has effected them emotionally etc.
- can be verbal, written, testimony form, video taped
- purpose: provides the court with info. on crime at sentencing.
(PSI) Pre-Sentencing Investigation definition, areas covered, who writes them
(p.82-3)
Definition: a report written by a P.O. informing the judge of offenses for the purpose of sentencing.
- *Areas Covered: background info.
- Circumstances of Offense
- Defendants Version of the Crime
- Prior Records
- Family Status
- Employment
- Education
- Health (Mental/Physical)
- Evaluative Summary (Recommendation)
- *P.O. writes them
Deontology
focuses on if an act is either good or bad
Teology
focuses on consequences - good or bad (morality)
2 types of Deterrence
- specific-??????/
2. general-
3 aspects of sentencing
- proving guilt
- punitive
- ordered by the court
E.g. of Discretion
- sentencing
- parole
- arrest
Community Model
focuses on rehabilitation and ??????????
Civil Commitment
For sex offenders who continue to pose a threat to society upon release
**Doesn’t require BRD - Preponderance of Evidence
Egoism
Acting in which things will benefit you personally
