Chapter 10: Sentencing Options & Appeals Flashcards
death penalty
imposition of death as a punishment for the most serious capital crimes
Shock probation, incarceration, parole
sentencing offenders to prison or jail for a brief period, primarily to give them a taste to “shock” of prison or jail life, and then release them into custody of parole officer through resentencing project
split sentencing
procedure whereby a judge imposes a sentence of incarceration for a fixed period followed by a probation period
bifurcated trials
jury is asked to make 2 decisions, first is to determine guilt or innocence of defendant, if guilty jury meets to decide punishment
sentence hearing
a proceeding where evidence and testimony is presented both for and against defendant
aggravating circumstances
factors tend to intensify the severity of punishment, include where the crim invovled death or serious bodily injury or if offender has past criminal record, more than one victim, etc
mitigating circumstances
those that tend to lessen the severity of punishment, includes offender cooperating with police and gave info about others who may be involved in crime
probation officer
professional who supervises probationers
narrative
a portion of a presentence investigation report prepared by a probation officer or private agency, which provides a description of offense and offender.
acceptance of responsibility
is considered as the first important first step of rehabilitation by acknowledging wrongdoing
defendants sentencing memorandum
version of events leading to conviction offense in the words of the convicted offender
victim impact statement
information or version of events filed voluntarily by the victim of a crime, appended to the presentence investigation report as a supplement for judicial consideration in sentencing the offender
sentencing disparity
inconsistency in sentencing of convicted offenders, in which those committing similar crimes under similar circumstances are given widely disparate sentences by the same judge
appeal
any request by the defense or prosecution directed to a higher court to contest a decision or judgement by a lower court
stare decisis
legal precedent, principle whereby olds that courts and judges should honor “precedent”—or the decisions, rulings, and opinions from prior cases
appellants
persons who files an appeal
appellees
party responding to the appeal, not alleging an error
conditions of confinement
the nature of jail or prison incarceration; refers to heat and humidity, cleanliness, and general treatment often is basis for legal action filed as habeas corpus petition
solitary confinement
a sentencing philosophy seeking to remove the offender from other offenders when confined by placing prisoner in a cell with no communication with others
mistrial
a trial that cannot stand is invalid. Judges may call for a mistrial for reasons such as errors on the part of prosecutors or defense counsel
warant
a written order directing a suspect’s arrest and issued by an official with the authority to issue the warrant
DNA fingerprinting
Deoxyribonucleic acid (DNA) is an essential component of all living matter, which carries hereditary pattern, cab ve detected by DNA
writ of certitorari
request of the court to obtain the record for review
death row
arrangement of prison cells where inmates who have been sentenced to death are housed
notice of appeal
filling a formal document with the court advising the court that the sentence is to be appealed to a higher court or appellate court
oral arguement
verbal presentation made to an appellate court by the prosecution or the defense in order to persuade the court to affirm, reverse, or modify lower court decision
reversed and remanded
the court disagrees with the court below and overturns their ruling on the issue AND sends the case back to the trial court for a new trial based on their ruling
affirm
the court upholds (agrees with) the holding of the court below
dissenting opinion
the opinion of the justices not voting with the majority (not law, but can be useful)
wrongful conviction
adjudications of guilt by either a judge or jury and where the convicted offender is actually innocent of the charges alleged
circumstantial evidence
material provided by a witness from which a jury must infer a fact
