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Criminal Justice 301 > Chapter 12: Sentencing > Flashcards

Chapter 12: Sentencing Flashcards

1
Q

Sentencing Guidelines

A

Prescribed penalty by law.

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2
Q

“Why do we punish those who violate the law?”

A

Retributive Justification (desert based)

Utilitarian Justification (result based)

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3
Q

Retributive Justification for punishment

A

The wicked should pay for their actions.
“…because man is responsible for his actions, he ought to receive is ‘just deserts.’”

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4
Q

Utilitarian Justification for punishment

A

To prevent further crime in the future

For the means of…
-deterrence
-incapacitation
-rehabilitation

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5
Q

Basis for Retributive Justification

A
  1. There’s something intrinsically good about seeing the guilty suffer.

2) All members of society agree to follow rules that govern society – maintain equilibrium

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6
Q

Unlike the _____________ _____________ theory (aka the “_________ ________”) which is ____________-_____________, the ____________ _____________ is ___________-____________.

A

retributive justification; desert theory; backward-looking; utilitarian justification; forward-looking

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7
Q

The Utilitarian Justification believes, that if no “__________ _________” arise from punishment, then punishment isn’t _____________.

A

good consequences; justifiable

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8
Q

People commit crimes based on a ___________ __________ that the _________ outweigh the ________________.

A

rational calculation; benefits; cost

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9
Q

Deterrence

A

Suggest criminals would refrain from committing crime if the cost outweighs the benefits.

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10
Q

Specific deterrence

A

Someone who has been legally punished ceases criminal activity in fear of future punishment.

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11
Q

General deterrence

A

Offender learns of consequences for criminal conduct, and stops to not risk punishment.

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12
Q

Incapacitation

A

Locking up / isolation dangerous offenders to prevent crime in the future.

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13
Q

Collective Incapacitation

A

Incapacitation of all offenders without regard to their past/personal characteristics.

(i.e. lock up drug sellers, rapist, and robbers alike)

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14
Q

Selective Incapacitation

A

Incapacitating those who, when free, commit the most crimes.

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15
Q

Rehabilitation

A

Changing offender’s character, habits, behavior patterns to diminish criminal propensities.

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16
Q

Restoration (Restorative Justice)

A

views punishment as a means to repair harm/injury of the crime & focuses on the victim, community, and offender.

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17
Q

How is restorative justice usually facilitated

A

Meeting between…
- Victim and Victim’s Family
- Offender and Offender’s Family
- Community

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18
Q

People engaging in restorative justice discuss the _________ the crime had on the _____________, _____________, and ______________, and decide an appropriate _____________.

A

impact; victim; offender; community; sanction

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19
Q

Principle of Proportionality (Retributive)

A

The punishment the offender receives should be proportionate to the harm caused by the offender.

“The punishment should fit the crime.”

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20
Q

Mirror Image Theory

A

The idea that punishment should resemble the actions done by the defendant.

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21
Q

T/F: The Mirror Image Theory is not consistent with the Desert Theory?

A

True

Woman runs red lights, hits person and breaks their legs.
That doesn’t mean the offender should have both of their legs broken. That would be too severe.

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22
Q

How Retributive Theory ranks Crime

A

Based on…
1) Harm done or risked by offender
2) Culpability of the offender

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23
Q

Deterrence punishment, for the Utilitarian Approach, believes the punishment should be _______ enough to __________ the _________, and _______-___ __________ from committing crime again or for the first time. The _______ should outweigh the __________

A

harsh; deter; offender; would-be offenders; cost; benefit

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24
Q

Incapacitation punishment, for the Utilitarian Approach, believes the punishment should be ___________ to the _____________ posed by the offender.

A

risk; posed

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25
Q

Rehabilitation punishment, for the Utilitarian Approach, is based on what is _________ to ___________ the offender. In this case, offenders will punished (________) with _______________ treatment programs to alter the __________ that cause their __________.

A

needed; reform; treated; individualized; forces; criminality

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26
Q

In sum, the three Utilitarian Justification perspectives establish that an offender’s punishment should be tailored to the offender’s 1) __________ of __________, 2) _______________, or 3) ___________ for ____________.

A

likelihood of recidivism; dangerousness; need for treatment

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27
Q

The judge’s options at _______________ are more ________ if the offender’s crime is more __________, and if he has a ______________ prior _____________ __________.

A

sentencing; limited; serious; lengthy; criminal record

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28
Q

The __________ ____________ is imposed almost EXCLUSIVELY for _________-_______ _____________.

A

Death Penalty; First-Degree Murder

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29
Q

In 2016, 11,700 persons were arrested for ___________ and nonnegligent ____________, yet only _____ were sentenced to _________.

A

murder; manslaughter; 31; death

30
Q

Common feature of Death Penalty Statutes

A

Guided Discretion Statutes

31
Q

Guided Discretion Statutes

A

Allow the death penalty to be imposed only if at least one aggravating circumstance is present.

32
Q

In a bifurcated trial, the first stage involves determining the __________ or __________ of the defendant. If the defendant is found guilty and convicted of ___________ crime, for which the ______________ _____________ is an option, a separate ______________ proceeding is held. This is where the judge decides, based on the __________ and _________ evidence, if the defendant should receive the __________ ___________ or a lesser sentence like ____________ in prison.

A

guilt; innocence; capital; death penalty; sentencing; aggravating; mitigating; death penalty; life

33
Q

Furman v. Georgia (1972)

A

ruled that death penalty being administered through the then-existing statutes (guided discretion statutes) was unconstitutional (violated defendant’s 8th Amendment Right)

Court feared the death penalty may be distributed in an arbitrary/discriminatory manner

34
Q

Gregg v. Georgia (1976)

A

Court ruled that Georgia’s statute, requiring jury to consider/weigh 10 aggravating circumstances, channeled jury discretion, and therefore wasn’t arbitrary or discriminatory

35
Q

appellate review

A

reviewing lower court judgements, to ensure correct procedure was followed.

36
Q

How does Texas classify Misdemeanors?

A

Class A, Class B, Class C

Class A - Most serious misdemeanors
Class C - Least serious misdemeanors

37
Q

Those convicted of Class ___ misdemeanors are _____ sentenced to jail or prison. Class ____ misdemeanors are punishable by _____ days in jail. Class ____ misdemeanors are punishable by ___ year in jail.

A

C; not; B; 180; A; 1

38
Q

Everyone tried in U.S. __________ courts are sentenced to a ___________ ___________. There are no ___________ ____________.

A

district; federal prison; federal jails

39
Q

Mandatory Minimum sentence

A

minimum required prison sentence for certain crime.

40
Q

Mandatory minimum sentences are especially common among ___________ crimes, and those that involve the ________________ of a ________________. These sentences limits a ______________ options during ________________.

A

drug; possession; weapon; judge’s; sentencing

41
Q

Judges are not just limited in options for _________________, but the _____ of _____________ system within a jurisdiction.

A

sentencing; type; sentencing

42
Q

Indeterminate Sentenceing

A

Primarily based on parole boards assessment of whether or not the defendant is “rehabilitated” and has spent enough time in prison.

A range of years the defendant is sentenced to.

(i.e., if the defendant is sentenced to 5-10 years in prison, he may serve no less than 5, but no more than 10).

43
Q

Determinate Sentencing

A

Fixed-term sentences

(i.e., if the judge sentences the defendant to 4-15 years in prison, he may serve exactly 10 years, minus credit for good behavior during incarceration).

44
Q

Incarceration Option for Voluntary or Presumptive Sentencing Guidelines

A

Where judges sentence defendant to prison term based on where the convergence is of the crime seriousness scale (1-11) and past criminal history scale (0-6).

45
Q

California’s Public Safety Realignment Act (AB 109/117)

A

Transfers responsibility to supervise low level inmates / parolees from CDCR to counties.

46
Q

The Public Safety Realignment Act was made to reduce the state _____________ population, by diverting _____-________ offenders from __________ to ________.

A

prison; low-level; prison; jail

47
Q

Probation

A

Judge releases defendant into community based on conditions defendant is expected to abide by.

48
Q

Conditions of Probation usually include __________ all laws, ___________ __________ treatment, ___________ testing, and _________ programs.

A

obeying; substance abuse; drug; education

49
Q

Revocation of ____________ by a ____________ is more likely if the ______________ is _____________ of a _______ offense, rather than a ___________ of their ___________ conditions.

A

probation; judge; defendant; convicted; new; violation; probationary

50
Q

While ___________ ___________ ________________ limit judge’s options, judges still have a wide deal of ___________ in imposing __________ instead of a ________ sentence. State Statutes allow judges to use ___________ instead of a prison sentence unless, a) the offender is __________ to commit ________ crime if released, b) ___________ the offender needs is _________ provided in _________ or __________, c) the ___________ of the crime doesn’t warrant probation.

A

mandatory minimum sentences; discretion; probation; prison; probation; likely; more; help; better; jail; prison; seriousness

51
Q

Intermediate Sanctions (don’t memorize)

A
  • boot camps
  • house arrest and electronic monitoring
  • community service
  • monetary penalties
52
Q

Boot Camps

A

3-6 month program

Diverts young first offenders of nonviolent crime AWAY from a life of crime, using same tactics to turn person into soldier.

53
Q

House arrest (w/ or w/o Electronic Monitoring)

A

Ordering an offender to remain at home for a specified period of time.

54
Q

When are house arestees allowed to leave their homes

A

-Check in w/ parole officer
- Get food or medication
- School
- Work

55
Q

Community Service

A

offender required to perform unpaid work at…
-schools
-hospitals
-parks
-and other nonprofit agencies.

56
Q

Monetary Penalties

A

-Fines
-Fees
-Restitution
paid to the victim

57
Q

T/F: Fines are used as an alternative to incarceration for (less serious) felonies and misdemeanors?

A

False

Fines are usually a condition of probation, or are imposed in conjunction with a sentence of some kind.

58
Q

Day Fine

A

Fines calibrated to 1) the seriousness of the offense, and 2) the offender’s ability to pay

59
Q

Day fines are typically more ____________, for the ____________ who has to pay. The system almost guarantees that the ___________ will be able to _________ in full. Day Fines operate by the judge creating “_________ _________.” The judge will require the _________ to pay a variable amount of _________ __________ depending on how much _________ the offender makes in a day.

Ex. (If I were to make $500 dollars a day, and the judge required of me 5 punishment units, then in total, I’ll be responsible for paying $__________.)

A

equitable; offender; offender; pay; “punishment units”; offender; punishment units; money; $2,500

60
Q

Researchers contend that Sentencing is a 2 step process:

  1. The ___________ deciding whether or not the _______________ should be ___________.
  2. Deciding how ________ the ____________ should be.
A

judge; offender; incarcerated; long; sentence

61
Q

What are Judges Sentencing Decisions Primarily Based On

A

1) Seriousness of the offense
2) Prior criminal record

62
Q

_____________ ______________ and ____________ __________ are “ ______________ __________ of ___________.”

A

Offense seriousness; criminal record; key determinants; sentencing

63
Q

Variables taken into account when measuring offense seriousness includes…
- ________ of crime
- ________ _____________ of the crime
- whether the offender used a _____
- the _________ of injury to the victim
- amount of ________ stolen
- whether the offender ___________ a _________ or non-__________.

A

type; statutory classification; gun; degree; property; victimized; stranger; non-stranger

64
Q

Variables taken into account when measuring criminal history include…
- whether the offender was previously _____________.
- whether the offender was previously convicted of a __________ or __________.
- whether the offender was convicted of a ___________ _________.
- whether the offender was on ___________ or ___________ at the time of arrest.
- whether the offender’s crimes were increasing in ___________ before latest offense.

A

arrested; misdemeanor; felony; violent crime; parole; probation; frequency

65
Q

______/_________, ___________, ________, __________ ___________, _________, and __________ ______________ are all factors that affect offender sentencing as well.

A

Race/Ethnicity; gender; age; education level; income; employment status

66
Q

“non-_________” defendants are treated more ___________ than defendants who are surrounded by ___________, be it parents, spouses, kids etc…

A

non-familied; harshly; families

67
Q

__________ who kill __________ are more likely to receive the __________ __________ as opposed to murder rates of black on black, and white on white murder. _________ defendants charged with sexually assaulting a ___________ woman are more likely to receive the _________ ___________ than other race of offender/race of victim pairs.

A

Blacks; whites; death penalty; Black; white; death penalty

68
Q

Which victim characteristics are taken into account in sentencing?

  • _______
  • ____________
  • __________
  • “______- _________” behavior
  • ____________
A

age; occupation; education; “risk-taking” behavior; reputation

69
Q

The relationship between the ___________ and the ___________, in sexual assault cases is also taken into consideration. __________ convicted of sexual assault of ___________ are sentenced more _______ than those who have a past with the __________.

A

offender; victim; Offenders; strangers; harshly; victim

70
Q

Trial Penalty/Jury Tax

A

tax on defendant for not “pleading guilty” and insisting jury trial

(fuels the idea that defendants who request a trial face harsher sentencing).

71
Q

Research suggests defendants who don’t _________ ____________ are more likely to be ____________, and more so than that, be ___________ for a longer period of time than they would’ve been had they __________ ____________.

A

plea guilty; incarcerated; incarcerated; plead guilty.

72
Q

____- _______ ______________ increases the likelihood of the defendant facing ______________ after a conviction.

A

Pre-trial detention; incarceration

Criminal Justice 301 (8 decks)

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