Chapter 3 Terms

Question 1

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

Answer 1

assets forfeiture

Question 2

the standard of proof applied in a criminal case; requires that a judge or juror is convinced beyond a moral certainty

Answer 2

beyond a reasonable doubt

Question 3

an executive governmental official reduces a criminal sentence

Answer 3

clemency

Question 4

sentences for each criminal act are served at the same time

Answer 4

concurrent sentences

Question 5

a sentence fixed by the state legislature

Answer 5

determinate sentencing

Question 6

sentences for a particular offense are not uniform and vary from one another

Answer 6

disparity

Question 7

prohibits cruel and unusual punishment

Answer 7

8th Amendment

Question 8

punishment intended to deter individuals other than the offender from committing a crime

Answer 8

general deterrence

Question 9

a theory of punishment that protects the public by incarcerating offenders

Answer 9

incapacitation

Question 10

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.

Answer 10

indeterminate sentencing

Question 11

offender receives sentence that he or she deserves

Answer 11

just deserts

Question 12

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

Answer 12

mandatory minimum sentences

Question 13

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

Answer 13

Megan’s Law

Question 14

exempts an individual from additional punishment

Answer 14

pardon

Question 15

negotiated agreements between the defense attorney and prosecutor and often approved by a judge

Answer 15

plea bargain

Question 16

the standard of proof in a civil case. The facts are probably more in favor of one side than the other

Answer 16

preponderance of the evidence

Question 17

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

Answer 17

presumptive sentencing guidelines

Question 18

a sentence should “fit the crime”

Answer 18

proportionality

Question 19

punishment intended to reform offenders and to transform them into law-abiding members of society

Answer 19

rehabilitation

Question 20

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.”

Answer 20

restoration

Question 21

offender receives the punishment that he or she deserves

Answer 21

retribution

Question 22

singles out repeat offenders and other dangerous individuals for lengthy incapacitation

Answer 22

selective incapacitation

Question 23

prohibits offenders from profiting from their crime

Answer 23

Son of Sam laws

Question 24

punishment intended to deter or discourage an offender from committing another crime

Answer 24

specific deterrence

Question 25

offense based on personal characteristics or condition rather than conduct that constitutes cruel and unusual punishment

Answer 25

status offenses

Question 26

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

Answer 26

Three Strikes and You’re Out law

Question 27

laws that provide that offenders must serve a significant portion of thier criminal sentences

Answer 27

truth iin sentencing laws

Question 28

victim or victim’s family may address the court at sentencing

Answer 28

victim impact statement