Chapter 3 Terms Flashcards
seizure pursuant to a court order of the “fruits” of illegal narcotics transactions (along with certain other crimes) or of material that was used to engage in such activity
assets forfeiture
the standard of proof applied in a criminal case; requires that a judge or juror is convinced beyond a moral certainty
beyond a reasonable doubt
an executive governmental official reduces a criminal sentence
clemency
sentences for each criminal act are served at the same time
concurrent sentences
a sentence fixed by the state legislature
determinate sentencing
sentences for a particular offense are not uniform and vary from one another
disparity
prohibits cruel and unusual punishment
8th Amendment
punishment intended to deter individuals other than the offender from committing a crime
general deterrence
a theory of punishment that protects the public by incarcerating offenders
incapacitation
the state legislature provides judges with the ability within certain limits to set a minimum and maximum sentence. The offender is evaluated while imprisoned by a parole board.
indeterminate sentencing
offender receives sentence that he or she deserves
just deserts
the legislature requires judges to sentence an offender to a minimum sentence, regardless of mitigating factors. Prison sentences may be reduced by good-time credits while incarcerated
mandatory minimum sentences
sexually violent offender registration laws are named in memory and honor of Megan Kanka, a 7yr old New Jersey child who was sexually assaulted and murdered by a neighbor in 1994
Megan’s Law
exempts an individual from additional punishment
pardon
negotiated agreements between the defense attorney and prosecutor and often approved by a judge
plea bargain
the standard of proof in a civil case. The facts are probably more in favor of one side than the other
preponderance of the evidence
a legislatively established commission establishes a sentencing formula based on various factors, including the nature of the crime and offender’s criminal history. Judges may be strictly limited in terms of discretion or may be provided with some flexibility within established limites to depart from the presumptive sentence
presumptive sentencing guidelines
a sentence should “fit the crime”
proportionality
punishment intended to reform offenders and to transform them into law-abiding members of society
rehabilitation
stresses the harm caused by crime to victims and requires offenders to engage in financial restitution and community service to compensate the victim and the community and to “make them whole once again.”
restoration
offender receives the punishment that he or she deserves
retribution
singles out repeat offenders and other dangerous individuals for lengthy incapacitation
selective incapacitation
prohibits offenders from profiting from their crime
Son of Sam laws
punishment intended to deter or discourage an offender from committing another crime
specific deterrence
offense based on personal characteristics or condition rather than conduct that constitutes cruel and unusual punishment
status offenses
provides mandatory sentences for individuals who commit a third felony after being previously convicted for two serious or violent felonies. Also, stringent penalties are typically provided for a second felony
Three Strikes and You’re Out law
laws that provide that offenders must serve a significant portion of thier criminal sentences
truth iin sentencing laws
victim or victim’s family may address the court at sentencing
victim impact statement
