Chapter 12 Flashcards
What are sentencing guidelines?
guidelines based on the seriousness of the crime and a previous record
What is retributive perspective?
the wicked are to be punished because they should face their actions
What is the utilitarian perspective?
punishment is seen as a deterrent for the offender
What is specific deterrence?
someone who has been legally punished stops offending because of the fear of future punishment
What is general deterrence?
learn or see the consequences of criminal involvement and decide no to risk that to punishment
What is incapacitation?
when we lock up dangerous offenders
What is collective incapacitation?
locking up all offenders of a specific crime without regard to prior record example: drug offenses
What is selective incapacitation?
focuses on the offender and the crime. prevents those freed from further committing crimes example: james holmes
What is rehabilitation?
treatment for the offender
What is restorative justice?
focuses on repairing the harm and injury caused by crime brings everyone to the “table”
Retributive approach to punishment?
amount of punishment should equal the amount of harm done “eye for an eye”
Deterrent approach to punishment?
punishment should outweigh the benefits of the crime
Incapacitation approach to punishment?
punishment should be proportionate to the risk the offender took
Rehabilitation approach to punishment?
based on the offenders need for treatment and reform
Utilitarian approach to punishment?
the amount of punishment needed to prevent the offender and other criminals from committing again
What is the guided discretion statute do?
allows for the death penalty if there is at least one statutorily defined aggravating circumstance
What is intermediate sentencing?
legislature creates min and max sentence for each offense Parole is appropriate
What is determinate sentencing?
legislature provides a range of confinement for each offense NO parole
What is mandatory sentencing?
legislature requires a mandatory minimum prison sentence for habitual offenders or certain crimes
What is probation?
it releases the offender into the community and imposes a set of conditions that they must abide by
When is probation inappropriate?
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
sentencing guidelines have the most….
discretion and mitigating and aggravating factors
What does the court have to do when sentencing with mitigating or aggravating factors?
the court must explain the reason behind sentencing through a specific court order
What did the Furman case do?
stopped the death penalty from being informed across the U.S. 1972
What did the Miller vs. Alabama case do?
mandatory life without parole is unconstitutional
How do judges make sentencing decisions? 5
- prior criminal record
- Family or support system
- Offenders characteristics
- Seriousness/ circumstances of crime
- Drug/alcohol abuse
- Victim characteristics
- Case processing factors
What are offenders characteristics?
age, gender, education, job
Who does “offender characteristics” work against?
poor and minorities
What are the victim characteristics?
age, size, mental capacity, and disabilities
Monetary Penalties?
fines, fees, and restitution to the victim
What is a day fine?
a fine that the offender is ordered to pay calibrated from both the seriousness of the crime and the ability to pay
What are the types of case processing factors?
- type of disposition (plea v trial)
- Pretrial status (released or in custody)
- Type of attorney (private or public)
