Chapter 3 Powerpoint pt. 3 Flashcards
It is unconstitutional to enhance a sentence based on facts found to exist by the judge by a ____________ ___ ____ ________ (a probability) rather than beyond a reasonable doubt by a jury.
preponderance of the evidence
It is unconstitutional to enhance a sentence based on facts found to exist by the judge by a preponderance of the evidence (a probability) rather than _______ __ __________ ______ by a jury.
beyond a reasonable doubt
In which cases did the U.S. Supreme Court once again addressed the federal guidelines and explicitly held that the guidelines are advisory?
(1) Rita v. United States
(2) Gall v. United States
(3) Kimbrough v. United States
Roughly ___ states have some form of truth in sentencing legislation and have qualified for funding.
40
Roughly 40 states have some form of _____ ___ __________ legislation and have qualified for funding.
truth in sentencing
Over 70% of violent offenders are serving longer sentences than they did prior to _____ ___ ___________.
truth in sentencing
Over ____% of violent offenders are serving longer sentences than they did prior to truth in sentencing.
70%
What year was the Victims of Crime Act (VOCA) passed?
1986
(VOCA) provides for a compensation fund and establishes the Office for Victims of Crime (OVC), which is responsible for?
coordinating all victim-related federal programs.
In 1986, the U.S. Congress passed the _______ ___ _____ ____ (_____)
Victims of Crime Act (VOCA)
(VOCA) provides for a compensation fund and establishes the ______ for _______ of ______ (OVC), which is responsible for coordinating all victim-related federal programs.
Office
Victims
Crime
President ________ ______ also signed the Crime Victims Rights Act of 2004.
George W. Bush
President George W. Bush also signed the _____ _______ ______ ____ of 2004
Crime Victims Rights Act
What does the Crime Victims Rights Act of 2004 proclaim?
Proclaims various rights for crime victims: (1) the right to be informed of all relevant information involving the prosecution, (2) imprisonment, and release of an offender, (3) the right to compensation and return of property.
_________, along with ___ other states, has adopted constitutional amendments protecting victims.
California
19
Another important development is the U.S. Supreme Court’s approval of ______ ______ __________ in death penalty cases.
victim impact statements
Another important development is the U.S. Supreme Court’s approval of victim impact statements in ______ _______ cases.
death penalty
The ________ ___________ and an estimated ___ states have laws that authorize direct victim involvement at sentencing for criminal offenses.
federal government
20
The federal government and an estimated 20 states have laws that authorize ______ ______ ____________ at sentencing for _______ offenses.
direct victim involvement
criminal
All ___ states and the District of Columbia provide for some form of _______ submissions.
50
written
All 50 states and the _______ ___ ________ provide for some form of written submissions.
District of Columbia
43 states adopted ____ of ____ laws.
Son
Sam
___ states adopted Son of Sam laws.
43
What are the Son of Sam laws?
Prohibit convicted felons from profiting from books, films, or television programs that recount their crimes; instead, these laws make such funds available to victims
The 8th Amendment to the U.S. Constitution is the primary constitutional check on __________.
sentencing
The __th Amendment to the U.S. Constitution is the primary constitutional check on sentencing.
8th
Statutes that provide different sentences based on gender also have been held to be in violation of the ______ __________ ________.
Equal Protection Clause
The general rule is that a defendant must demonstrate both a discriminatory _______ and a discriminatory _______ to prove it violates equal protection.
impact
intent
Explain the State v. Chambers case.
State v. Chambers struck down a statute that ultimately resulted in men receiving significantly shorter prison sentences than women convicted of the same crime
During colonial times and the early American republic, the purpose of punishment is to inflict _____ and ______ _____
pain
public shame
America had a gradual move away from __________ ________ sanctions.
physically painful
Disillusionment with __________ ___________ and ____________ led to the development of harsh sentencing guidelines such as “truth in sentencing” laws and determinate sentencing.
flexible sentences
rehabilitation
Disillusionment with flexible sentences and rehabilitation led to the development of harsh sentencing guidelines such as “_____ ___ __________” laws and ___________ __________.
truth in sentencing
determinate sentencing
____________ with flexible sentences and rehabilitation led to the development of harsh sentencing guidelines such as “truth in sentencing” laws and determinate sentencing.
Disillusionment
At the turn of the 20th century, most states and the federal government employed ____________ sentencing but the disillusionment with the notion of rehabilitation led to ___________ sentencing
indeterminate
determinate
At the turn of the 20th century, most states and the federal government employed indeterminate sentencing but the _____________ with the notion of ____________ led to determinate sentencing
disillusionment
rehabilitation
The Sentencing Reform Act established the ____ __________ ___________.
U.S. Sentencing Commission
The Sentencing Reform Act abandoned ___________ as a purpose of imprisonment.
rehabilitation
What are the goals of the Sentencing Reform Act?
retribution, deterrence, incapacitation, and the education and treatment of offenders
The ____________ _______ _____ established the U.S. Sentencing Commission.
Sentencing Reform Act
The ____________ _______ _____ abandoned rehabilitation as a purpose of imprisonment.
Sentencing Reform Act
Fact-finding by the judge violates ______ Amendment.
Sixth
Punishments are considered cruel if they involve _______ or ________ death
torture
lingering
What are the considerations when judging whether a punishment is cruel and unusual?
(1) Punishment must be acceptable to society. (Prevailing Social Values)
(2) Punishment must be strictly necessary to the achievement of a correctional goal. (Penological Purpose)
(3) Individuals subject to punishment must be treated with human respect and dignity. (Human Dignity)
What is the claim that anti-lethal injection advocates advocate?
Opponents claim that individuals who administer the three-drug protocol lack training to safely administer the drugs
What happened in the Roper v. Simmons case?
Respondent committed murder when he was age 17. He was tried and sentenced to death after he turned 18.
The court found that minors can be subject to the death sentence only if the charges warrant execution. The court found that capital punishment sentences for minors between the ages of 16 and 17 did not violate any rights awarded by the 8th Amendment.
What are the mandatory minimums for drug offenses?
(1) Rockefeller Drug Laws
(2) Anti-Drug Abuse Act of 1986 (and 1988 amendments)
(3) Fair Sentencing Act of 2010
Prosecutors argue that minimum sentences (in drug offenses) are required to ______ individuals as well as gain the __________ of defendants through the threat of a lengthy sentence
deter
cooperation
What are some of the flaws of mandatory minimums in drug offenses?
(1) Inflexibility
(2) Disparities in enforcement
(3) Increasing prison population
(4) Disproportionate affect on minorities and women
What happened in the Robinson v. California case?
Ruled that it was cruel and unusual punishment to impose criminal penalties on Robinson based on his conviction of the status offense of narcotics addiction
