Chapter 3 Powerpoint pt. 1 Flashcards
In the United States, courts have attempted to balance the need for swift and forceful ___________ with the recognition that individuals are constitutionally entitled to _____ procedures and are to be free from _____ and _______ punishments.
punishment
fair
cruel
unusual
Courts have moved away from _______ and __________ punishments.
painful
humiliating
The United States is witnessing a revolution in ___________.
sentencing
What is the purpose of punishment?
An emphasis on deterrence, retribution, incapacitation, education, and treatment of offenders rather than on rehabilitation.
Judicial discretion in sentencing is greatly _________.
reduced
Judicial _________ in sentencing is greatly reduced.
discretion
The federal government and states have introduced __________ _________ and _________ _________ __________; illustrated by Three Strikes, You’re Out legislation, and drug laws.
sentencing guidelines
mandatory minimum sentences
The federal government and states have introduced sentencing guidelines and mandatory minimum sentences; illustrated by who?
(1) Three Strikes Laws
(2) You’re Out legislation
(3) Drug laws.
The authority of parole boards to release prisoners prior to the completion of their sentences and the ability of incarcerated individuals to accumulate “good time” is vastly reduced as a result of _____ ___ __________ legislation.
truth in sentencing
As a consequence of truth in sentencing legislation, offenders are serving a greater __________ of their sentences.
percentage
In _____, the U.S. government moved from indeterminate to determinate sentencing
1984
In 1984, the U.S. government moved from ___________ to __________ sentencing
indeterminate
determinate
Violent Crime Control and Law Enforcement Act of 1994; provided funds for prison construction and renovation to states on what condition?
states had to guarantee violent offenders serve 85% of their prison sentence.
_______ _____ _______ and ____ ___________ Act of 1994; provided funds for prison construction and renovation to states that guarantee violent offenders serve 85% of their prison sentence.
Violent Crime Control
Law Enforcement
Violent Crime Control and Law Enforcement Act of 1994; provided funds for prison construction and renovation to states that guarantee violent offenders serve ___% of their prison sentence
85%
True or False: Victims are being provided a greater role and more protections in the criminal justice process.
True
The death penalty does not violate the __th Amendment.
8th
The _____ ______ does not violate the Eighth Amendment.
death penalty
________ ___________ is subject to constitutional limitations under the ___th Amendment intended to ensure that death is a penalty proportionate to the offender’s crime.
Capital punishment
8th
How many states provide the death penalty?
34
Governors or the President (for federal offenses) may grant an offender clemency which results in?
The reduction of an individual’s sentence or in a commutation of a death sentence to life in prison
What are two cases that addressed the juvenile death penalty issue?
(1) Thompson v. Oklahoma, 1988
(2) Stanford v. Kentucky, 1989
What happened in the Thompson v. Oklahoma case in 1988?
The U.S. Supreme Court rules that the execution of a young person under the age of 16 at the time the offense was committed constituted cruel and unusual punishment
What happened in the Stanford v. Kentucky case in 1989?
The U.S. Supreme Court ruled that the execution of the individuals 16 or 17 years of age could not be considered either cruel or unusual
Courts have deferred to the decisions of _____ __________ and the _________ in regards to sentencing decisions and generally have held that prison sentences are proportionate to the offender’s crime.
state legislatures
Congress
What determines whether a law is criminal?
(1) Does the legislature characterize the penalty as civil or criminal?
(2) Has the type of penalty imposed historically been viewed as criminal?
(3) Does the penalty involve a significant disability or restraint on personal freedom?
(4) Does the penalty promote a purpose traditionally associated with criminal punishment?
(5) Is the imposition of the penalty based on an individual’s intentional wrongdoing, a requirement that is central to criminal liability?
(6) Has the prohibited conduct traditionally been viewed as criminal?
List the purposes of punishment.
(1) Retribution
(2) Deterrence
(3) Rehabilitation
(4) Incapacitation
(5) Restoration
Which type of punishment is this: Designed around “just deserts”?
retribution
Which type of punishment is this: Offenders receive punishments comparable to the seriousness of the crime ?
retribution
Which type of punishment is this: Eye for an eye, a tooth for a tooth?
retribution
Which type of punishment is this: Offenders are punished to deter future crime?
deterrence
Which type of punishment is this: the original goal of punishment in the United States?
rehabilitation
Which type of punishment is this: done to reform and transform the offender?
rehabilitation
Which type of punishment is this: appeals to the notion that people are essentially good?
rehabilitation
Which type of punishment is this: removes the offender from society to prevent further harm to society?
incapacitation
Which type of punishment is this: accepts that some offenders cannot be deterred or rehabilitated?
incapacitation
Which type of punishment is this: Difficulties with prediction of future behavior?
Incapacitation
Which type of punishment is this: requires the offender to engage in some kind of restitution?
restoration
Which type of punishment is this: restitution can consist of financial reimbursement or community service?
restoration
Which type of punishment is this: places the emphasis on the victim?
restoration
What is the difference between specific and general deterrence?
Specific deterrence – impose punishment to discourage a defendant from committing a crime in the future.
General deterrence – punish an offender to deter everyone else from violating the law.
True or False: Recidivism rates indicate that punishment deters crime
False; recidivism rates indicate that punishment rarely deters crime
True or False: other offenders are rarely concerned or are aware of the punishments received by other individuals
True
_________ ___________ – singles out offenders who have committed designated offenses for lengthy incarceration
Selective incapacitation
Selective incapacitation – singles out offenders who have committed ___________ offenses for lengthy ___________
designated
incarceration
