Chapter 9 notes pt. 3 Flashcards
purported improper judicial discretion is often the first reason given for what two phenomena that plague the criminal justice system?
- sentencing disparity
2. sentencing discrimination
a situation in which those covicted of similair crimes do not receive similiar sentences
sentencing disparrity
sentencing disparity occurs when this expectation isn’t met in what three ways?
- criminals receive similiar sentences for different crimes of unequal seriousness
- criminals receive differnet sentences for similiar crimes
- mitigating or aggravating circumstances have a disproportionate effect on ssentences
the amoutn of time spent in prison can also depend on ______ the crime was committed
where
a situation in which the length of a sentence appears to be influenced by a defednant’s race, gender, economic status, or other factor not directly realted to the crime he or she committed
sentencing discrimination
the rate of imprisonment rose significantly for minorities who were ______ and __________
young
unemployed
why do judges resort to stereotypes?
at times they are faced with limited time to make decisions and limited information about the offenders
of those women convicted of crimes, they are less likely to go to prison than _____, and those who are incarcerated tend to serve _______ sentences
men
shorter
what is the chivalry effect?
the idea that women should be treated more leniently than men, plays a large role in sentencing decisions
Sentencing ________ occurs when similiar crimes are punsihed with dissimliar sentences, while sentencing _________ is the result of judicial consideration of extralegal variables such as the defendant’s race or gender.
disparity
discrimination
Explain some of the reasons why sentencing reform has occurred.
One reason is sentencing disparity, which is indicative of a situation in whcih those convicted of similiar crimes receive dissimilar sentences (often due to a particular judge’s sentencing philosophy). Sentencing discrimination has also occurred on the basis of defendant’s gender, race, or economic standing.