Ch. 11

Question 1

Penalties imposed for committing criminal acts, to accomplish deterrence, retribution, incapacitation, and/or rehabilitation

Answer 1

Purpose of Punishment

Question 2

A goal of punishment that states the offender ought to be made to experience revenge for his actions
Lex Taloinis-law (eye for an eye)

Answer 2

Retribution

Question 3

 Actions that are designed to prevent crimes from occurring

 People are much less likely to commit crime if they know that punishment will occur if they get caught

Answer 3

Deterrence

Question 4

 Rendering someone as unable to act or move about, either through incarceration or by court order
 Prevents criminals from victimizing others
• Imprisonment in jails and prisons as well as execution

Answer 4

Incapacitation

Question 5

 Attempts to reform an offender through vocational and educational programming, counseling, and so forth, so he is not a recidivist and does not return to crime/prison
• Robert Martinson
o Nothing works in prison programs

Answer 5

Rehabilitation

Question 6

 Incarceration will not involve cruel and unusual punishment and fines will not be excessive

Answer 6

8th Amendment

Question 7

 Right against involuntary servitude

Answer 7

13th amendment

Question 8

 Agreeing to engage in plea negotiation in terms of the number of charges filed, to limit the maximum penalty the judge may impose, by explaining to the sentencing judge that the offender was particularly cruel in his crime or cooperative with police/remorseful for the crime; some states allow sentencing recommendation

Answer 8

Prosecutors

Question 9

 Less influence over sentencing decisions than prosecutors
 Seek to obtain lightest sentence possible, including probation or other alternative to sentencing as well as emphasize minor involvement in the crime

Answer 9

Defense attorneys

Question 10

 Most important factor in determining sentencing

 Next important is defendant’s prior criminal record

Answer 10

Seriousness of offense

Question 11

 Laws transferred from England; rigorous punishment of violations of religious laws and banishment from community, fines, death, and other punishments, death penalty common

Answer 11

The Colonial Model (1600’s-1790’s)

Question 12

• 1821, individual cell-block architecture to create rehabilitative environment, separate criminals from all contact with corruption, and teach them moral habits by means of severe punishment

Answer 12

Auburn Prison

Question 13

• Fortress with thick walls, 1829, complete solitary confinement, new inmates wore hoods when marched to cells to avoid seeing other prisoners
• No visitors or mail, marching

Answer 13

Eastern state penitentiary

Question 14

 Criminals are mentally ill, shifted to treatment
 Seen as persons whose social, psychological, or biological deficiencies has caused them to engage in illegal activity and who should be treated
 Federal Bureau of prisons

Answer 14

The Medical Model (1930-1960)

Question 15

 Concern with rapidly rising crime rates
 Call for longer sentences for career and violent criminals
 Determinant sentencing laws, 3-strikes laws, mandatory sentencing laws

Answer 15

Crime control model

Question 16

 A specific, fixed-period sentence ordered by a court

• Legislatively determined structure

Answer 16

Determinate sentence

Question 17

 A scheme whereby one is sentences for a flexible time period (e.g., 5-10 years) so as to be released when rehabilitated or the opportunity for rehabilitation is presented

Answer 17

Indeterminate Sentence

Question 18

 He will serve all 3 sentences together in a sort of “stacked” manner, or all at once

Answer 18

Concurrent sentence

Question 19

 Each sentence will be served separately

Answer 19

Consecutive sentence

Question 20

o An instrument developed by the federal government that uses a grid system to chart the seriousness of offense, criminal history, and so forth and thus allow the court to arrive at a more consistent sentence for everyone

Answer 20

Sentencing guidelines

Question 21

• Provides comprehensive information on adult felony sentencing as set forth under state law, identifying the seriousness level of the offense and “scoring” the offender’s criminal history

Answer 21

The Adult Sentencing Guidelines Manual

Question 22

o To absolve someone of criminal blame, or find someone not guilty

Answer 22

Exoneration

Question 23

Include little or no prior criminal history – offender was acting under duress

Answer 23

Mitigating circumstance