Chapter 12

Question 1

Know the goals of punishment; deterrence, incapacitation, rehabilitation, retribution

Answer 1

Retribution; punish someone who infringed on the rights of others and so deserves to be penalized, the severity of the sanction should fit the seriousness of the crime. deterrence- deter others from committing crimes or committing more crimes by punishing offenders, most people would weigh the consequences that others received and would determine that it is not worth it, and be deterred. incapacitation-deprive an offender of the ability to commit crimes against society, usually by detaining the offender in prison. rehabilitation-restore a convicted offender to a constructive place in society through some form of vocational or educational training or therapy.

Question 2

Know specific deterrence and general deterrence

Answer 2

General deterrence is working to deter the general punishment by punishing criminals that will provide them with an example and discourage the commission of the offense as the cons will outweigh the pros. Specific deterrence is a punishment inflicted on criminals to deter criminals from committing more crimes in the future as the first punishment was too painful and they won’t want to be punished again.

Question 3

Know the terms good time, time served, work release

Answer 3

Good time is a reduction in an inmate’s prison sentence, at the discretion of the prison administrator, for good behavior or participation in vocational, educational, or treatment programs. Earned time is a reduction in a prisoner’s sentence as a reward for participation in educational or other rehabilitation programs, and for work assignments, such as disaster relief and conservation projects. Work release is when a prisoner is trusted enough and sufficiently monitored to go out of the prison and work at a place of employment, returning to the prison when their shift is complete.

Question 4

From 1975 to the year 2000 has the death penalty increased, decreased, remained the same

Answer 4

From 1975 to the year 2000 the death penalty has decreased in the amount of people actually executed, but the amount of people facing the death penalty and sitting on death row has increased.

Question 5

How many states will use the death penalty in 2018?

Answer 5

34 or 33 states and the federal government, 68%

Question 6

How many states don’t use the death penalty?

Answer 6

16

Question 7

Remember the specific types of courts, general limited, specific, appeals

Answer 7

Specific jurisdiction courts is a form of minimum contacts that enables a court to exercise a personal jurisdiction over a corporate defendant in that state without violating due process because of the extent of the defendant’s activities within the state. Limited jurisdiction courts are courts that can only hear some criminal and civil cases and derive power from an issuing authority like the constitution or state status. General jurisdiction courts are able to hear cases of all kinds criminal or civil. Felonies are processed in courts of general jurisdiction, and misdemeanors are processed in courts of limited jurisdiction.

Question 8

Where are felony cases process, what jurisdiction limited or general

Answer 8

General jurisdiction courts

Question 9

Sentencing guidelines are based on two different dimensions: do they look at a person’s race, gender, seriousness, record, ability to rehab, or something else?

Answer 9

Sentencing guidelines are based on the seriousness of the crime and the offender’s previous history.

Question 10

Which demographic group(gender, race) is over represented in the prison population?

Answer 10

African American males

Question 11

Know what the innocence project does

Answer 11

Works to free the innocent through DNA, prevent wrongful convictions, and create a fair, compassionate, and equitable system of justice for everyone. Exonerating the innocent.

Question 12

What has assisted the innocence project in releasing people from prison?

Answer 12

DNA

Question 13

When someone is sentenced the decisions are impacted by which individuals? Who makes decisions on sentencing?

Answer 13

Judges carry the responsibility for imposing sentences, though there are exceptions specifically in death penalty cases where a jury will impose the sentence.

Question 14

Intermediate sanctions

Answer 14

A variety of punishments that are more restrictive than traditional probation but less severe and less costly than incarceration. These punishments include house arrest, fines, boot camp, forfeiture of property, and probation.

Question 15

General deterrence, Specific deterrence differences

Answer 15

General deterrence focuses on deterring members of the community who have not committed any crimes and specific deterrence focuses on deterring those who already committed a crime from committing more.

Question 16

Know the 8th and 5th amendments

Answer 16

The 5th amendment gives you the right to a grand jury, protects you against self incrimination and double jeopardy, the right to due process and eminent domain. The 8th amendment states that there shall be no cruel or unusual punishments or excessive bails or fines.

Question 17

Know the terms indeterminate and determinate sentencing

Answer 17

Indeterminate sentencing is a period set by a judge that specifies a minimum and maximum time to be served in prison. Sometime after the minimum, the offender may be eligible for parole. Because it is based on the idea that the time necessary for treatment cannot be set, the indeterminate sentence is closely associated with rehabilitation. Determinate sentencing is a sentence that fixes the term of imprisonment at a specific period.

Question 18

Know what probation is

Answer 18

Probation is a sentence that the offender is allowed to serve under supervision in the community.

Question 19

Different form of sentencing like house arrest and probation and who is eligible for it

Answer 19

Those who were convicted of a nonviolent crime and don’t have any or little to no criminal record

Question 20

When imposing a sentence judges consider one goal true or false?

Answer 20

False, judges may combine various forms of punishment to tailor the sanction to the offender.

Question 21

What type of goal is considered when they use the term and eye for an eye

Answer 21

Retribution

Question 22

The legislatures, prosecutors, and judges, have they abandoned rehabilitation as a goal, true or false?

Answer 22

True many have

Question 23

Are there small counties that can not afford the death penalty as punishment because of the expenses of the trial? True or false?

Answer 23

true

Question 24

Are mandatory sentences consistent with rehabilitation?

Answer 24

No, but indeterminate sentences are

Question 25

What percentage of people on death row are from the south?

Answer 25

⅔ or about 66.66% of all executions have occurred in the south.

Question 26

Does the prison population contain the same proportion of African Americans as the general population? True or false?

Answer 26

False

Question 27

Was the death penalty or is the death penalty found to be racially discriminatory by the U.S. Supreme Court.

Answer 27

False. McCleskey v. Kemp 1987

Question 28

Can you execute someone under the age of 18? Look at the case

Answer 28

No, based on the case Roper v. Simmons (2005)

Question 29

Are there any states that use beheading as a method of execution?

Answer 29

no

Question 30

Misdemeanors and felonies, where do they go and how long do they go for?

Answer 30

Misdemeanor cases are sentences of one year or less and they go to jail. Felonies are sentences of more than one year-though on occasion only one year) and they go to prison(1<) or jail(1>).

Question 31

Does gender affect the sentencing decisions?

Answer 31

Yes and this changes depending on the crime.

Question 32

Is lethal injection deemed to be now a violation of the 8th amendment

Answer 32

As of 2008 in the case Baze v. Rees the Supreme Court has ruled that lethal injection does not violate the 8th amendment and was upheld in 2015 in Glossip v. Gross.

Question 33

Studies in PA show that the greatest risk of being sentenced is being young, male, and African American, true or false?

Answer 33

True by 4 times

Question 34

Retribution

Answer 34

Punishment inflicted on a person who had infringed on the rights of others and so deserves to be penalized. The severity of the sanction should fit the seriousness of the crime.

Question 35

General deterrence

Answer 35

Punishment of criminals that is intended to provide an example to the general public and to discourage the commission of offenses.

Question 36

Specific deterrence

Answer 36

Punishment inflicted on criminals to discourage them from committing future crimes.

Question 37

Incapacitation

Answer 37

Depriving an offender of the ability to commit crime against society, usually by detaining the offender in prison.

Question 38

Selective incapacitation

Answer 38

Making the best use of expensive and limited prison space by targeting for incarceration those individuals whose detention will do the most to reduce crime in society.

Question 39

Rehabilitation

Answer 39

The goal of restoring a convicted offender to a constructive place in society through some form of vocational or educational training or therapy.

Question 40

Restoration

Answer 40

Punishment designed to repair the damage done to the victim and community by an offender’s criminal act.

Question 41

Indeterminate sentences

Answer 41

A period, set by a judge, that specifies a minimum and a maximum time to be served in prison. Sometime after the minimum, the offender may be eligible for parole. Because it is based on the idea that the time necessary for treatment cannot be set, the indeterminate sentence is closely associated with rehabilitation.

Question 42

Determinate sentences

Answer 42

A sentence that fixes the term of imprisonment at a specific period.

Question 43

Presumptive sentence

Answer 43

A sentence for which the legislature or commission sets a minimum and maximum range of months or years. Judges are to fix the length of the sentence to fit within that range, allowing for special circumstances.

Question 44

Mandatory sentence

Answer 44

A sentence determined by statutes and requiring that a certain penalty be imposed and carried out for convicted offenders who meet certain criteria.

Question 45

Good time

Answer 45

A reduction of an inmate’s prison sentence, at the discretion of the prison administrator, for good behavior or participation in vocational, education, or treatment programs.

Question 46

Earned time

Answer 46

Reduction in a prisoner’s sentence as a reward for participation in educational or other rehabilitation programs, and for work assignments, such as disaster relief and conservation projects.

Question 47

Intermediate sanctions

Answer 47

A variety of punishments that are more restrictive than traditional probation but less severe and less costly than incarceration.

Question 48

Justice reinvestment

Answer 48

Evidence-based policies intended to reduce spending on imprisonment with the money saved being reinvested in alternative sanctions and programs that hold offenders accountable, protect public safety, and reduce the risk of reoffending.

Question 49

Probation

Answer 49

A sentence that the offender is allowed to serve under supervision in the community.

Question 50

Shock probation

Answer 50

A sentence in which the offender is released after a short incarceration and re sentenced to probation.

Question 51

Furman v. Georgia (1972)

Answer 51

The death penalty, as administered, constitutes cruel and unusual punishment.

Question 52

Gregg v. Georgia (1976)

Answer 52

The Supreme Court’s decision reactivating the death penalty after states revised their laws to make decision making about punishment in murder cases more careful and deliberate.

Question 53

McCleskey v. Kemp (1987)

Answer 53

Rejects a challenge to Georgia’s death penalty that was made on the grounds of racial discrimination.

Question 54

Atkins v. Virginia (2002)

Answer 54

Execution of the developmentally disabled (“mentally retarded”) is unconstitutional.

Question 55

Roper v. Simmons (2005)

Answer 55

No death penalty for offenders who commit a murder while younger than age 18.

Question 56

Ring v. Arizona (2002)

Answer 56

Juries, rather than judges, must make the crucial factual decisions regarding whether a convicted murder should receive the death penalty.

Question 57

Baze v. Rees (2008)

Answer 57

Lethal injection has not been shown to violate the Eighth Amendment prohibition on cruel and unusual punishments and thus this method of execution is permissible.

Question 58

Witherspoon v. Illinois (1968)

Answer 58

Potential jurors who object to the death penalty cannot be automatically excluded from service; however, during voir dire, those who feel so strongly about capital punishment that they could not give an impartial verdict may be excluded.

Question 59

Presentence report

Answer 59

A report, prepared by a probation office that presents a convicted offender’s background and is used by the judge in selecting an appropriate sentence.

Question 60

Sentencing guidelines

Answer 60

A mechanism to indicate to judges the expected sanction for certain offenses, in order to reduce disparities in sentencing.