Ch 8 Flashcards
Over _________ sentences are handed down by judges _______.
1 million anually
How many purposes of punishment are there?
There are many conflicting opinions
Contemporary Philosophies for Punishment
1) Deterrence
2) Incapacitation
3) Retribution
4) Rehabilitation
5) Restorative Justice
Incapacitation
The only way to prevent criminals from reoffending is to remove them permanently from society.
1) Banishment
2) Transportation
3) Imprisonment - “warehousing” or “lock and feed”
Retribution
Criminals should be punished because they deserve it.
1) “Just desserts”
2) “get-tough” era of sentencing
3) “ 19th and 20th Century prison officials favored harsh prison conditions
4) The public expects prisoners to be punished
Deterrence
Punishment should prevent the criminal from reoffending
1) Effective with law abiding citizens
2) Corporal Punishment
3) Specific Deterrence
4) General Deterrence
5) Sterilization
Rehabilitation
1) Criminals can be “cured” of their problems and criminality to be returned to society
2) views criminality as a disease to be cured
3) Most believe this is not working given a high recidivism
4) Most rehabilitation today focuses on juveniles
Restorative Justice
Focuses more on victims rather than the offenders. Rehabilitation is often criticized for forgetting the victim.
1) Offender should be made to provide some contribution to community.
2) Sentences require restitution to the victim
3) Community service imposed in about 5% of all cases.
What happens if someone pleads insanity?
1) Court arranges for defendant to be examined by a mental health professional prior to trial.
2) As an “expert witness” the mental health professional can testify during trial.
3) Jury must decide if defendant’s mental condition meets the standard for insanity.
Insanity Defense Reform Act of 1984
1) Defendant must undergo a “civil commitment examination”
2) Determines whether defendant should be released or confined to an institution.
Guilty but mentally ill
1) ruled by State courts
2) jury can find defendant mentally ill, but still commit to a state prison.
Presentence Investigation Report
1) Information gathered about a convicted person
2) Used by judge to determine best sentence
3) Gathered by Probation or parole officer to include:
1) employment history
2) Family relations
3) Reputation in community
4) Prior Convictions
Victim Impact Statements
1) Victims can influence judge’s sentencing
2) Civil Rights advocates consider the statements to be prejudicial and biased.
3) Supporters argue that the harm and suffering of a victim is an appropriate factor for determining sentence.
2 Sentencing Models
1) Indeterminate Sentencing
2) Determinate Sentencing
Indeterminate Sentencing
1) Sentence may range from 1-20 years
2) Gives judge more latitude and flexibility
3) Prisoner’s behavior and progress toward rehabilitation affect release date
Determinate Sentencing
1) Offender is sentenced to a fixed term of incarceration
2) Also called “flat sentences” or “fixed sentences”
3) Proponents claim this sentencing format eliminates discrimination in sentencing.
Mandatory Sentencing
1) A strict application of full sentences
2) Favored by public who believe offenders get off “too easy”
3) Sentencing not left to judge’s discretion
Habitual Offender Laws
1) Punishes repeat offenders more severely
2) Three strikes-and-out law originated in California
3) Critics believe this creates situations where offenders are receiving disproportionately long prison terms for minor felonies
Truth in Sentencing
1) Early parole is not an option
2) Requires court to disclose actual prison time that offender will serve
3) Some states require offender to serve at least 85% of their sentence before eligible for release
_______ _________ is an ongoing controversy in America’s history.
Capital Punishment
Abolitionists believe… (2 things)
1) capital punishment is ineffective as a crime deterrent
2) the gov’t does not have the right to take a human life.
Supreme Court Cases Challenging capital punishment
Furman v. Georgia (1972)
Gregg v. Georgia (1976)
Furman v Georgia
1972
In original case, Furman was robbing a house when he “accidentally” shot and killed the resident. He was sentenced to death for committing murder and felony robbery.
1) Defense argued that the death penalty was applied arbitrarily, not systematically
2) Did NOT declare capital punishment unconstitutional, but the way it was applied was unconstitutional.
3) Socioeconomic status seemed to be main factor. Race, low income, low education, etc.
4) US Supreme Court suspended death penalty
Gregg v. Georgia
1976
1) US Supreme Court allowed use of death penalty through “bifurcated trail” process.
Dangers of using Capital Punishment
1) Innocent parties convicted
2) Official misconduct and error
3) Racial Bias
4) Past exonerations through DNA evidence
the administration of bodily harm as punishment for a crime
corporal punishment
a concept based on the premise that a person is best deterred from committing future crimes by the specific nature of the punishment
specific deterrence
the concept based on the logic that people who witness the pain suffered by those who commit crimes will desire to avoid that paint and will refrain from criminal activity
general deterrence
deterrence based on the premise that the only way to prevent criminals from reoffending is to remove them from society
incapacitation
the removal of an offender from the community
banishment
the 18th century practice by Great Britain of sending offenders to the American colonies and, later, to Australia.
transportation
Insanity Defense Reform Act of 1984
requires defendants in federal courts who are found not guilty by reason of insanity to undergo a civil commitment examination within 40 days of verdict
determination of whether the defendant should be released or confined to an institution for persons with mental illness
civil commitment examination
a new type of verdict in which jury finds defendant mentally ill but sufficiently aware to be morally responsible for his/her criminal acts
guilty but mentally ill
person who works for court and has responsibility of investigating the background of the convicted offender and the circumstances surrounding the offense
presentence investigator
testimony by victims at a convicted offender’s sentence hearing
victim impact statements
application of mandatory sentencing to give repeat offenders longer prison terms
3 strikes law
a sentencing model in which crimes are classified according to their seriousness and a range of time to be served as mandatory for crimes within each category
sentencing guidelines
a structured sentencing model that attempts to balance sentencing guidelines with mandatory sentencing and at the same time provide discretion to the judge
presumptive sentencing
a two-part trial structure in which jury first determines guilt or innocence and then considers new evidence relating to the appropriate punishment
bifurcated trial
A death penalty case can cost a state up to _______.
$ 3 Million
