chapter 9

Question 1

types of Purposes/Philosophies of Punishment

Answer 1

Retribution
Deterrence
Incapacitation
Rehabilitation
Restorative Justice/Restitution

Question 2

Retribution

Answer 2

The philosophy that those who commit criminal acts should be punished for breaking society’s rules to the extent required by just deserts.

Question 3

retribution relies on____

Answer 3

retribution relies on the principle of just deserts,

Question 4

revenge implies that

Answer 4

revenge implies that the wrongdoer is punished only with the aim of satisfying a victim or victims

Question 5

retribution is more concerned

Answer 5

with the needs of society as a whole

Question 6

Deterrence

Answer 6

the strategy of preventing crime through the threat of punishment.
Rational decision-making

Question 7

Deterance can take two forms

Answer 7

general and specific.

Question 8

the basic idea of general deterrence is

Answer 8

that by punishing one person, others will be discouraged from comiting a similar crime

Question 9

specific deterrence assumes that an individual

Answer 9

that an individual after having been punished once for a certain act, will be less likely to repeat that act because she or he does not want to be punished again

Question 10

Incapacitation

Answer 10

A strategy for preventing crime by detaining wrongdoers in prison, thereby separating them from the community and reducing criminal opportunities.

Question 11

Rehabilitation

Answer 11

The philosophy that society is best served when wrongdoers are provided the resources needed to eliminate criminality from their behavioral pattern

Question 12

what does rehabilitation do

Answer 12

rehabilitation model suggest that criminals can be “treated” and possibly even “cured” of their proclivities toward the crime.

Question 13

Restorative Justice

Answer 13

An approach to punishment designed to repair the harm done to the victim and the community by the offender’s criminal act.

Question 14

Restorative justice strategies attempt to

Answer 14

to repair the damage that a crime does to the victim, the victims family and society as a whole

Question 15

five components of restorative justice

Answer 15

offender involvement
victim involvement
victim-offender interactions
community involvement
problem-solving practices

Question 16

victim involvement

Answer 16

victims have a voice in determining how the offender should atone for her or his crime

Question 17

victim-offender interactions

Answer 17

on a voluntary basis, victims and offenders meet to discuss and better understand the circumstances of the crime. this meeting allows victims to express their feelings about the offense

Question 18

community involvement

Answer 18

community members also affected by the crime can participate in the process and request an apology and restitution from the offender

Question 19

problem-solving practices

Answer 19

participants in the process-including victims, offenders, and community members- can develop strategies for solving problems that led to the crime in question

Question 20

offender involvement

Answer 20

offenders are given the opportunity to take responsibility for and address the reasons behind their behavior in ways that do not involve the corrections system

Question 21

Restitution

Answer 21

Monetary compensation for damages done to the victim by the offender’s criminal act.

Question 22

restitution prevents

Answer 22

future crime by punishing the defendant

Question 23

restitution is when

Answer 23

the court orders the criminal defendant to pay the victim for any harm and resembles a civil litigation damages award

Question 24

Indeterminate Sentencing

Answer 24

Imposition of a sentence that prescribes a range of years rather than a definite period of years to be served.

Question 25

Determinate Sentencing

Answer 25

Imposition of a sentence that is fixed by a sentencing authority and cannot be reduced by judges or other corrections officials

Question 26

fixed sentencing

Answer 26

cant be changed by a parole board or other agency

Question 27

“Good Time:”

Answer 27

-a reduction in time served by prisoners based on good behavior, conformity to rules and other positive behavior

Question 28

Judicial discretion rests on

Answer 28

the assumption that a judge should be given ample leeway in determining punishments that fit both the crime and the criminal.

Question 29

The two main participants in the “sentencing ritual” are

Answer 29

the judge and the defendant, but prosecutors, defense attorneys, and probation officers also play a role in the proceedings.

Question 30

individualized justice requires that

Answer 30

the judge consider all the relevant circumstances in making sentencing decisions.

Question 31

Presentence Investigative Report:

Answer 31

An investigative report on an offender’s background that assists a judge in determining the proper sentence.

Question 32

Compiled by a probation officer:

Answer 32

Describes the crime in question, notes the suffering of any victims, and lists the defendant’s prior offenses.

Question 33

atkins v virginia (2002):

Answer 33

executions of mentally handicapped criminals are “cruel and unusual punishment” prohibited the eight admendment

Question 34

roper v simmons (2005)

Answer 34

effectively ended the execution of those who committed crimes as juveniles

Question 35

ring v arizona (2002)

Answer 35

the supreme court reaffirmned the important role of the jury in death penalties in

Question 36

the case involved arizona’s bifurcated process:

Answer 36

after the jury determined a defendants guilt or innocence, it would be dismissed and the judge alone would decide whether execution was warranted

Question 37

Gregg vs georgia (1976):

Answer 37

the Supreme Court ruled that the death penalty systems currently in place were unconstitutional violations of the Eighth Amendment’s prohibition

Question 38

SCOTUS ruled in furman v. georgia 1972

Answer 38

that the death penalty system as administered at the time was arbirtrary, caprisious and discrimatory- as random as being struck by lighting

Question 39

baze vs rees 2008,

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Answer 39

the supreme court ruled that the mere possibilty of pain “does not establish the sort of objectivily intolerable risk of harm’ that qualifies as cruel and unusual punishment
that ruling however applied to the three-drug process described earlier, which has become difficult to implement because of supply issues

Question 40

Judicial Philosophy

Answer 40

Judges are not uniform, or even consistent, in their opinions of which circumstances are mitigating or aggravating.

Question 41

Sentencing Disparity:

Answer 41

A situation in which those convicted of similar crimes do not receive similar sentences.

Question 42

Sentencing Discrimination:

Answer 42

a situation in which the length of a sentence appears to be influenced by a defendant’s race, gender, economic status, or other factor not directly related to the crime he or she committed

Question 43

chivery effect

Answer 43

judges may treat female defendants more “gently” than males.

Question 44

1984, Congress passed the

Answer 44

Sentencing Reform Act (SRA), paving the way for federal sentencing guidelines that went into effect three years later.

Question 45

three-strikes-and-you’re-out” laws, these statutes require

Answer 45

require that any person convicted of a third felony must serve a lengthy prison sentence.

Question 46

Reforming Mandatory Minimums

three aproacges

Answer 46

1 expanding judicial discretion
2 limiting habitual offender “triggers”
3 repealing or revising mandatory minimum sentences

Question 47

victim impact statements(vis)

Answer 47

a statement to the sentencing body(judge, jury or parole board) in which the victim is geven the oppertunity to describe how the crime has affected her or him

Question 48

The Crime Victims’ Rights Act provides

Answer 48

victims the right to be reasonably heard during the sentencing process, and many state victims’ rights laws contain similar provisions.