Chapter 3 Powerpoint pt. 2 Flashcards
List the type of punishments that are often used in combination with one another.
Imprisonment Fines Probation Intermediate Sanctions Death Assets for forfeiture
What are some examples of intermediate sanctions?
House arrest, “shock” incarceration, community service, restitution
What type of sentencing is this: Individuals sentenced to a year or less are generally sentenced to local jails?
imprisonment
What type of sentencing is this: State statutes usually provide this as an alternative to incarceration or in addition to incarceration?
fines
What type of sentencing is this:
Involves the suspension of a prison sentence so long as an individual continues to report to a probation officer and adhere to certain required standards of personal conduct?
probation
The conditions of _________ are required to be reasonably related to the rehabilitation of the offender and the protection of the public.
probation
The conditions of probation are required to be reasonably related to the ___________ of the offender and the ________ of the public.
rehabilitation
protection
Intermediate sanctions may be imposed as a _______ sentence, as a condition of ________, following ____________, or in combination with a _____.
criminal
probation
imprisonment
fine
___________ _________ may be imposed as a criminal sentence, as a condition of probation, following imprisonment, or in combination with a fine.
Intermediate sanctions
What do you use to evaluate sentencing schemes?
1) Proportionality
2) Individualism
3) Disparity
4) Predictability and Simplicity
5) Excessiveness
6) Truthfulness
7) Purpose
Individualism – sentence should reflect the offender’s criminal _______ and threat posed to _______.
history
society
____________– sentence should reflect the offender’s criminal history and threat posed to society
Individualism
________– sentences for particular offenses should be uniform
Disparity
Disparity – sentences for particular offenses should be _______
uniform
___________ and _________ – Sentences should be clear and definite and should not be dependent on the bias of judge
Predictability
Simplicity
Predictability and Simplicity – Sentences should be _____ and _______ and should not be dependent on the _____ of judge
clear
definite
bias
______________– sentence should not inflict unnecessary pain and suffering
Excessiveness
____________– sentence should reflect actual time served in prison
Truthfulness
________– sentence should be intended to achieve one or more of the purposes of punishment
Purpose
The U.S. Department of Justice reported in ______ that state and federal courts convicted almost 1,145,000 adults of felonies.
2004
The U.S. Department of Justice reported in 2004 that state and federal courts convicted almost ___________ adults of ________.
1,145,000
felonies
____% of individuals convicted in state courts were sentenced to prison, and ___% were sentenced to probation with no jail time.
70%
30%
Seventy percent of individuals convicted in state courts were sentenced to _______, and 30 percent were sentenced to _________ with no jail time.
prison
probation
The average sentence for felons sentenced to state prisons was ___ months; the average probation sentence was ___ months. Individuals sentenced to local jails, on average, received a __-month sentence.
57
38
6
The average sentence for felons sentenced to ______ _______ was 57 months; the average _________ sentence was 38 months. Individuals sentenced to local jails, on average, received a 6-month sentence.
state prisons
probation
Roughly ___% of convicted felons were required to pay restitution.
18%
Roughly 18 percent of convicted felons were required to pay _________.
restitution
List the different type of approaches to sentencing.
- Determinate Sentences
- Mandatory Minimum Sentences
- Indeterminate Sentences
- Presumptive Sentencing Guidelines
- Consecutive Sentences
- Concurrent Sentences
- Clemency and Pardon
Which type of approach to sentencing is this: legislatures allow judges little discretion
Determinate Sentences
Which type of approach to sentencing is this: legislature sets mandatory minimums for certain crimes regardless of mitigating factors
Mandatory Minimum Sentences
Which type of approach to sentencing is this: judges set a minimum and maximum sentence with defined limits
Indeterminate Sentences
Which type of approach to sentencing is this: a formula is used to determine the sentence
Presumptive Sentencing Guidelines
Which type of approach to sentencing is this: when convicted of multiple offenses, the defendant serves the sentences one after the other
Consecutive Sentences
Which type of approach to sentencing is this: when convicted of multiple offenses, the defendant serves the sentences at the same time
Concurrent Sentences
The federal guidelines also specify that any _____ _______ must be approved by a ______ to ensure that any sentence agreed upon is within the range established by the guidelines.
plea bargain
judge
A _____ _______ is a negotiated agreement between defense and prosecuting attorneys.
plea bargain
A plea bargain is a negotiated agreement between ________ and __________ attorneys.
defense
prosecuting
True or False: The impact of the guidelines is difficult to measure, but studies suggest that the guidelines have decreased the percentage of defendants who receive prison terms.
False; it increases the percentage of defendants who receive prison terms
What happened in the Smith v. Doe case?
Smith served time for some sort of sexual offense against a child, and years later was being required to register as a sex offender. Smith objected to this because he was now an established family man. Smith claimed double jepordardy.
The court held it was a civil statute, designed to inform and protect the public
True or False: double jepordary onl applies to criminal cases.
True
What is assets forfeiture?
seizure of the fruits of criminal activity
What are the four different spproaches to sentencing by the federal and state government?
- determinate sentencing
- mandatory/minimum sentencing
- indeterminate sentencing
- presumptive sentencing guidelines
Who was the first to do sentencing guidelines? When did it happen?
Minnesota in 1980
