Chapter 9 Flashcards
Retribution
the punishment inflicted on a person who has harmed other people and so deserves to be penalized
General deterrence
presumes that members of the general public, on observing the punishments of others, will conclude that the costs of crime outweigh the benefits.
specific deterrence
targets the decisions and behavior of offenders who have already been convicted.
Incapacitation
assumes that society can use detention in prison or execution to keep offenders from committing further crimes.
selective incapacitation
whereby offenders who repeat certain kinds of crimes receive long prison terms.
What are the four primary goals of the criminal sanction?
Retribution, deterrence, incapacitation, rehabilitation.
Furman v. Georgia
Determined that the death penalty in the united states was cruel and unusual and violated the eight amendment
Gregg v. Georgia
Determined that the death penalty as rewritten by the Georgia legislature did not violate the eight amendment because it allowed for sentencing that took into account both aggravating and mitigating circumstances
McCleskey v. Kemp
In this case, the Court rejected an equal protection clause challenge to Georgia’s death penalty law. Warren McCleskey, an African American, was sentenced to death for killing a white police officer.
BASED ON RACE OF OFFENDER AND RACE OF VICTIM
Coker v. Georgia
Death penalty unconstitutional for the crime of rape of an adult woman
Kennedy v. Louisiana
Death penalty unconstitutional for the rape of a child
Atkins v. Virginia
Death penalty constitutes cruel and unusual punishment for someone with intellectual disabilities
* low IQ, mental disabilities*
Roper v. Simmons
Death penalty cruel and unusual for a person who committed a crime when they were less than 18 years old
DC sniper case
Intermediate sentences
a type of custodial sentence that consists of a range of years (such as five to ten years) and not a fixed time, which means the convicted person’s release date is left open
Determinate sentence
a convicted offender is imprisoned for a specific period (for example, 2 years, 5 years, 15 years).