CH 4 Sentencing Options Flashcards

1
Q

name the Goals of Sentencing

A

URR
- Utilitarian
- Retributive
- Restorative

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2
Q

describe the Utilitarian Goals of Sentc

A
  • DETERRENCE
  • general = deterring public
  • specific = deterring one particular person
  • aims to rehab
  • incapacitate offender
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3
Q

describe Retributive Goal of Sentc

A
  • punish the offender for wrongdoing
  • DENUNCe what they did was bad to public
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4
Q

describe Restorative goal of sentc

A
  • aims to integrate offedner back to community
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5
Q

Concurrent Sentence

A

sentence happening with another sentence

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6
Q

Consecutive Sentence

A

sentence that happens right after another

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7
Q

Intermittent Sentc

A

u serve some time in prison for weekdays or smth then also serve in communited for weekends

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8
Q

Absolute Discharge

A
  • guilty but NOT convicted
  • no crim record after one year of discharge
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9
Q

Conditional Discharge/Release

A
  • guilty but released
  • NOT a sentence
  • on ur record
  • serve a probation up to 3 years WITH conditions, if u breach, then u go back to court
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10
Q

Suspended Sentence

A
  • guilty AND convicted of crime
  • on ur record
  • NO PRISON but has probation
  • CAN go to prison if breaches probation
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11
Q

Conditional Sentence

A
  • guilty AND convicted
  • period of LESS than 2 years in prison and rest of sentc in community
  • community services like probation
  • if breached, u go back to prison
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12
Q

Difference betw Condiitonal RELEASE and SENTENCE

A

release = not a setence NO prison period, if breached conditons, u go back to court
sentence = u serve time in prison then serve community, if breached conditions, u go bak prison

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13
Q

Probation

A
  • guilty ofc
  • sentc of the court
  • sentc up to 3 years MAX
  • supervised by probation officer
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14
Q

Fines

A

$ goes back into the pubkllic
Summary = speeding ticket penalty not so serious
Indictable = more serious offense fraud, money laundering, can be with another sentence

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15
Q

Judicial Determination

A

order by the sentc judge that serving half or 10 years of sentc u can b eligible for parole

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16
Q

Long-term/Dangerous Offenders

A

those with prison sentc longer than 10 years- life
- most aplies to sex offenders

17
Q

Aggravating Factors

A

when judges use discrection
- type of offense
- severity of it
- offender’s crim history
- mental states
- was it prejudice?

18
Q

Mitigating FActors

A
  • if offender is a kid
  • mental health problems
  • if plead guilt
  • if its first offense
19
Q

Case Law Precedent

A

judges using prior similar cases to make decidsions

20
Q

Pre-Sentencing Reports

A
  • usually on offedners background, crim history, mental health history
  • has the aggra and the miti factors
21
Q

Victim Impact Statements

A
  • victims write and give them re their perosnal impact of the offense
  • can end up with a harsher sent
22
Q

Psyc Assessments

A

omg stephen
- assesses for personality DO or psychosis

23
Q

name the type of specialized courts

A
  • mental health
  • drug treatment
  • domestic violence
  • juviniles
24
Q

Circle Sentencing

A
  • indegenous appraoch
  • involves both the offender and victim
  • aims to build relationships within the community
25
Q

name differences between criminal and community based courts

A

criminal
- crime is the central conflict
- sentc shud resolve the conflict
- sentence is the most important part of the process
community
- crime is a small part of a bigger conflict
- focuses on the impact of the crime on social level
- sentencing, the end result is the least important part of process

26
Q

describe the effectiveness of Sentencing

A
  • sentences are not always consistent, unless a mandatory
  • Deterrance depends on certainty of punishment not so much on severity
  • threatening more prison sentc does not = less crime
  • Circle Sentencing can work just needs more research behind it