Chapter 9 notes pt. 3 Flashcards

1
Q

purported improper judicial discretion is often the first reason given for what two phenomena that plague the criminal justice system?

A
  1. sentencing disparity

2. sentencing discrimination

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2
Q

a situation in which those covicted of similair crimes do not receive similiar sentences

A

sentencing disparrity

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3
Q

sentencing disparity occurs when this expectation isn’t met in what three ways?

A
  1. criminals receive similiar sentences for different crimes of unequal seriousness
  2. criminals receive differnet sentences for similiar crimes
  3. mitigating or aggravating circumstances have a disproportionate effect on ssentences
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4
Q

the amoutn of time spent in prison can also depend on ______ the crime was committed

A

where

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5
Q

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

A

sentencing discrimination

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6
Q

the rate of imprisonment rose significantly for minorities who were ______ and __________

A

young

unemployed

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7
Q

why do judges resort to stereotypes?

A

at times they are faced with limited time to make decisions and limited information about the offenders

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8
Q

of those women convicted of crimes, they are less likely to go to prison than _____, and those who are incarcerated tend to serve _______ sentences

A

men

shorter

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9
Q

what is the chivalry effect?

A

the idea that women should be treated more leniently than men, plays a large role in sentencing decisions

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10
Q

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.

A

disparity

discrimination

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11
Q

Explain some of the reasons why sentencing reform has occurred.

A

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.

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