chapter 9 Flashcards
types of Purposes/Philosophies of Punishment
Retribution Deterrence Incapacitation Rehabilitation Restorative Justice/Restitution
Retribution
The philosophy that those who commit criminal acts should be punished for breaking society’s rules to the extent required by just deserts.
retribution relies on____
retribution relies on the principle of just deserts,
revenge implies that
revenge implies that the wrongdoer is punished only with the aim of satisfying a victim or victims
retribution is more concerned
with the needs of society as a whole
Deterrence
the strategy of preventing crime through the threat of punishment.
Rational decision-making
Deterance can take two forms
general and specific.
the basic idea of general deterrence is
that by punishing one person, others will be discouraged from comiting a similar crime
specific deterrence assumes that an individual
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
Incapacitation
A strategy for preventing crime by detaining wrongdoers in prison, thereby separating them from the community and reducing criminal opportunities.
Rehabilitation
The philosophy that society is best served when wrongdoers are provided the resources needed to eliminate criminality from their behavioral pattern
what does rehabilitation do
rehabilitation model suggest that criminals can be “treated” and possibly even “cured” of their proclivities toward the crime.
Restorative Justice
An approach to punishment designed to repair the harm done to the victim and the community by the offender’s criminal act.
Restorative justice strategies attempt to
to repair the damage that a crime does to the victim, the victims family and society as a whole
five components of restorative justice
offender involvement victim involvement victim-offender interactions community involvement problem-solving practices
victim involvement
victims have a voice in determining how the offender should atone for her or his crime
victim-offender interactions
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
community involvement
community members also affected by the crime can participate in the process and request an apology and restitution from the offender
problem-solving practices
participants in the process-including victims, offenders, and community members- can develop strategies for solving problems that led to the crime in question
offender involvement
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
Restitution
Monetary compensation for damages done to the victim by the offender’s criminal act.
restitution prevents
future crime by punishing the defendant
restitution is when
the court orders the criminal defendant to pay the victim for any harm and resembles a civil litigation damages award
Indeterminate Sentencing
Imposition of a sentence that prescribes a range of years rather than a definite period of years to be served.
Determinate Sentencing
Imposition of a sentence that is fixed by a sentencing authority and cannot be reduced by judges or other corrections officials
fixed sentencing
cant be changed by a parole board or other agency
“Good Time:”
-a reduction in time served by prisoners based on good behavior, conformity to rules and other positive behavior
Judicial discretion rests on
the assumption that a judge should be given ample leeway in determining punishments that fit both the crime and the criminal.
The two main participants in the “sentencing ritual” are
the judge and the defendant, but prosecutors, defense attorneys, and probation officers also play a role in the proceedings.
individualized justice requires that
the judge consider all the relevant circumstances in making sentencing decisions.
Presentence Investigative Report:
An investigative report on an offender’s background that assists a judge in determining the proper sentence.
Compiled by a probation officer:
Describes the crime in question, notes the suffering of any victims, and lists the defendant’s prior offenses.
atkins v virginia (2002):
executions of mentally handicapped criminals are “cruel and unusual punishment” prohibited the eight admendment
roper v simmons (2005)
effectively ended the execution of those who committed crimes as juveniles
ring v arizona (2002)
the supreme court reaffirmned the important role of the jury in death penalties in
the case involved arizona’s bifurcated process:
after the jury determined a defendants guilt or innocence, it would be dismissed and the judge alone would decide whether execution was warranted
Gregg vs georgia (1976):
the Supreme Court ruled that the death penalty systems currently in place were unconstitutional violations of the Eighth Amendment’s prohibition
SCOTUS ruled in furman v. georgia 1972
that the death penalty system as administered at the time was arbirtrary, caprisious and discrimatory- as random as being struck by lighting
baze vs rees 2008,
////
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
Judicial Philosophy
Judges are not uniform, or even consistent, in their opinions of which circumstances are mitigating or aggravating.
Sentencing Disparity:
A situation in which those convicted of similar crimes do not receive similar sentences.
Sentencing Discrimination:
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
chivery effect
judges may treat female defendants more “gently” than males.
1984, Congress passed the
Sentencing Reform Act (SRA), paving the way for federal sentencing guidelines that went into effect three years later.
three-strikes-and-you’re-out” laws, these statutes require
require that any person convicted of a third felony must serve a lengthy prison sentence.
Reforming Mandatory Minimums
three aproacges
1 expanding judicial discretion
2 limiting habitual offender “triggers”
3 repealing or revising mandatory minimum sentences
victim impact statements(vis)
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
The Crime Victims’ Rights Act provides
victims the right to be reasonably heard during the sentencing process, and many state victims’ rights laws contain similar provisions.
