Chapter 12

Question 1

What are sentencing guidelines?

Answer 1

guidelines based on the seriousness of the crime and a previous record

Question 2

What is retributive perspective?

Answer 2

the wicked are to be punished because they should face their actions

Question 3

What is the utilitarian perspective?

Answer 3

punishment is seen as a deterrent for the offender

Question 4

What is specific deterrence?

Answer 4

someone who has been legally punished stops offending because of the fear of future punishment

Question 5

What is general deterrence?

Answer 5

learn or see the consequences of criminal involvement and decide no to risk that to punishment

Question 6

What is incapacitation?

Answer 6

when we lock up dangerous offenders

Question 7

What is collective incapacitation?

Answer 7

locking up all offenders of a specific crime without regard to prior record example: drug offenses

Question 8

What is selective incapacitation?

Answer 8

focuses on the offender and the crime. prevents those freed from further committing crimes example: james holmes

Question 9

What is rehabilitation?

Answer 9

treatment for the offender

Question 10

What is restorative justice?

Answer 10

focuses on repairing the harm and injury caused by crime brings everyone to the “table”

Question 11

Retributive approach to punishment?

Answer 11

amount of punishment should equal the amount of harm done “eye for an eye”

Question 12

Deterrent approach to punishment?

Answer 12

punishment should outweigh the benefits of the crime

Question 13

Incapacitation approach to punishment?

Answer 13

punishment should be proportionate to the risk the offender took

Question 14

Rehabilitation approach to punishment?

Answer 14

based on the offenders need for treatment and reform

Question 15

Utilitarian approach to punishment?

Answer 15

the amount of punishment needed to prevent the offender and other criminals from committing again

Question 16

What is the guided discretion statute do?

Answer 16

allows for the death penalty if there is at least one statutorily defined aggravating circumstance

Question 17

What is intermediate sentencing?

Answer 17

legislature creates min and max sentence for each offense Parole is appropriate

Question 18

What is determinate sentencing?

Answer 18

legislature provides a range of confinement for each offense NO parole

Question 19

What is mandatory sentencing?

Answer 19

legislature requires a mandatory minimum prison sentence for habitual offenders or certain crimes

Question 20

What is probation?

Answer 20

it releases the offender into the community and imposes a set of conditions that they must abide by

Question 21

When is probation inappropriate?

Answer 21

when the offender is believed he or she will commit again
The offender is need of treatment that is provided in jail
Seriousness of crime committed

Question 22

sentencing guidelines have the most….

Answer 22

discretion and mitigating and aggravating factors

Question 23

What does the court have to do when sentencing with mitigating or aggravating factors?

Answer 23

the court must explain the reason behind sentencing through a specific court order

Question 24

What did the Furman case do?

Answer 24

stopped the death penalty from being informed across the U.S. 1972

Question 25

What did the Miller vs. Alabama case do?

Answer 25

mandatory life without parole is unconstitutional

Question 26

How do judges make sentencing decisions? 5

Answer 26

1. prior criminal record
2. Family or support system
3. Offenders characteristics
4. Seriousness/ circumstances of crime
5. Drug/alcohol abuse
6. Victim characteristics
7. Case processing factors

Question 27

What are offenders characteristics?

Answer 27

age, gender, education, job

Question 28

Who does “offender characteristics” work against?

Answer 28

poor and minorities

Question 29

What are the victim characteristics?

Answer 29

age, size, mental capacity, and disabilities

Question 30

Monetary Penalties?

Answer 30

fines, fees, and restitution to the victim

Question 31

What is a day fine?

Answer 31

a fine that the offender is ordered to pay calibrated from both the seriousness of the crime and the ability to pay

Question 32

What are the types of case processing factors?

Answer 32

1. type of disposition (plea v trial)
2. Pretrial status (released or in custody)
3. Type of attorney (private or public)