Chapter 9 notes pt. 2

Question 1

an indetereminate term of incarceration in which a judge decides the minimum and maximum terms of imprisonment

Answer 1

indeterminate sentencing

Question 2

a period of incarceration that’s fixed by a sentencing authority and cannot be reduced by judges or others corrections officials

Answer 2

determinate sentencing

Question 3

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

Answer 3

“good time”

Question 4

legislative attempts to ensure that convicts will serve approximately the terms to which they were initially sentenced

Answer 4

truth-in-sentencing laws

Question 5

at a traditional sentencing hearing, the _______ is no longer an arbiter between parties

Answer 5

judge

Question 6

________ _________, rests on the assumption that a judge should be given ample leeway in determining punishments that fit both the crime and the criminal

Answer 6

judicial discretion

Question 7

judicial discretion rests on the assumption that a judge should be given ample ________ in determining punishments that fit both the ______ and the _______

Answer 7

leeway
crime
criminal

Question 8

list the main types of judicial dispositions (sentences).

Answer 8

1. capital punishment
2. imprisonment
3. probation
4. fines

Question 9

capital punishment is an option in how many states?

Answer 9

33

Question 10

in federal court, capital punishment applies to those who commit ________, ___________ a larger amount of illegal drugs, _________, and ________

Answer 10

murder
trafficking
espionage
treason

Question 11

A rise in __________ is one of the side effects of overcrowding in prisons

Answer 11

probation

Question 12

an offender is permitted to live in the community under supervision and isn’t incarcerated

Answer 12

probation

Question 13

_________ ________, combine probation with other dispostions such as electronic monitoring, house arrest, boot camps, and shock incarceration

Answer 13

alternative sanctions

Question 14

in some instances when fines are assigned, a judge can order the seizure of an offender’s _________

Answer 14

property

Question 15

What are two other forms of punishment?

Answer 15

1. restitution

2. community service

Question 16

what is the concept of “creative sentencing”?

Answer 16

in some jurisdictions, judges have a great deal of discretionary power and can impose sentences that don’t fall into any predetermined category

Question 17

judicial discretion is often equal to _________ ________- without the aid of the other members of the courtroom work group, the judge wouldn’t have sufficient information to make the proper sentencing choice.

Answer 17

informed discretion

Question 18

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

Answer 18

presentence investigative report

Question 19

presentence investigative report, contains a range of personal data such as _______ __________, ____ _______, __________, and _________ ________-information that isn’t admissible as evidence during trial.

Answer 19

family background
work history
education
community activities

Question 20

presentence investigative report, includes a ___________ recommendation

Answer 20

sentencing

Question 21

both the __________ and the ________ ________ are interviewed in the process of preparing the presentence investigative report, and both will try to present a version of the facts consistent with their own sentencing goals.

Answer 21

prosecutor

defense attorney

Question 22

true or false: the proscess between the prosecutor and defense attorney are always adversarial

Answer 22

false; they aren’t always adversarial

Question 23

true or false: the judge, generally decides whether a convict eligilble for the death penalty will in fact be executed

Answer 23

false; the jury, generally decides whether a convict eligible for the death penalty will in fact be executed

Question 24

the actual offense committed, as opposed to the charge levied by a prosecutor as the result of a plea bargain

Answer 24

“real offense”

Question 25

"real offense" is based on the actual _________ of the defendant, regardless of the official _________.

Answer 25

behavior | conviction

Question 26

any circumstances accompanying the commissin of a crime that may justify a lighter sentence

Answer 26

mitigating circumstances

Question 27

any circumstances accompanying the commission of a crime that may justify a harsher sentence

Answer 27

aggravating circumstances

Question 28

Is this mitigating or aggravating circumstances: | "an offense involved multiple participants, and the offender was the leader of the group"

Answer 28

aggravating circumstances

Question 29

Is this mitigating or aggravating circumstances: "an offender acted under strong provocation, or other circumstances in the relationship between th eoffender and the victim make the offender's behavior less serious and therefore less deserving of punishment"

Answer 29

mitigating circumstances

Question 30

Is this mitigating or aggravating circumstances: | "an offender played a minor or passive role in the offense or participated under circumstances of coercion of duress"

Answer 30

mitigating circumstances

Question 31

Is this mitigating or aggravating circumstances: "an offender, because of youth or physical impairment, lacked substantial capacity for judgement when the offense was committed"

Answer 31

mitigating circumstances

Question 32

Is this mitigating or aggravating circumstances: | "a victim was particularly vulnerable"

Answer 32

aggrativating circumstances

Question 33

Is this mitigating or aggravating circumstances: | "a victim was treated with particular cruelty for which an offender should be held responsible"

Answer 33

aggravating circumstances

Question 34

Is this mitigating or aggravating circumstances: "the offense involved injury or thearetened violence to others and was committed to gratify an offender's desire for pleasure or excitement"

Answer 34

aggravating circumstances

Question 35

Is this mitigating or aggravating circumstances: "the degree of bodily harm caused, attempted, threatened, or foreseen by an offender was substantially greater than average for the given offense"

Answer 35

aggravating circumstances

Question 36

Is this mitigating or aggravating circumstances: "the amount of contraband materials possessed by the offender or under the offender's control was substantially greater than average for the given offense

Answer 36

aggravating circumstances

Question 37

_________ sentences set a minimum and a maximum amount of time a convict must spend in prison, whereas _________ sentences reflect the exact length of incapacitation, minus reductions for _________ ________, or behaving well.

Answer 37

indeterminate determinate good time

Question 38

Judges often rely on information contained in the __________ _________ report when making sentencing decisions.

Answer 38

presentence investigative

Question 39

The primary factor in the sentencing process is the __________ of the crime for which the defendant was convicted.

Answer 39

seriousness

Question 40

_________ circumstances allow a lighter sentence to be handed down, while ________ circumstances can lead to the impostition of a harsher penalty.

Answer 40

mitigating | aggravating

Question 41

Contrast indeteminate with determinate sentencing.

Answer 41

Indeterminate sentencing follows from legislative penal codes that set minimum and maximum ammounts of incarceration time. Determinate sentencing carries a fixed amount of time, although this may be reduced for "good time"

Question 42

State who has input into the sentencing decision and list the factors the determine a sentence.

Answer 42

The prosecutor, defense attorney, probation officer, and judge provide inputs. The factors considered in sentencing are (a) the seriousness of the crime, (b) mitigating circumstnaces, (c) aggravating circumstances, and (d) judicial philosophy.