Chapter 9 - Punishment and Sentencing

Question 1

retribution

Answer 1

the philosophy that those who commit criminal acts should be punished based on the severity of the crime and that no other factors need be considered

Question 2

just deserts

Answer 2

a sanctioning philosophy based on the assertion that criminals deserve to be punished for breaking society’s rules

Question 3

deterrence

Answer 3

the strategy of preventing crime through the threat of punishment

Question 4

incapacitation

Answer 4

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

Question 5

rehabilitation

Answer 5

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

Question 6

restorative justice

Answer 6

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

Question 7

restitution

Answer 7

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

Question 8

indeterminate sentencing

Answer 8

an indeterminate term of incarceration in which a judge determines the minimum and maximum terms of imprisonment

Question 9

determinate sentencing

Answer 9

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

Question 10

“good time”

Answer 10

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

Question 11

truth-in-sentencing laws

Answer 11

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

Question 12

presentence investigative report

Answer 12

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

Question 13

“real offense”

Answer 13

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

Question 14

mitigating circumstances

Answer 14

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

Question 15

aggravating circumstances

Answer 15

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

Question 16

sentencing disparity

Answer 16

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

Question 17

sentencing discrimination

Answer 17

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 18

sentencing guidelines

Answer 18

legislatively determined guidelines that judges are required to follow when sentencing those convicted of specific crimes

Question 19

departure

Answer 19

a stipulation in many federal and state sentencing guidelines that allows a judge to adjust his or her sentencing decision based on the special circumstances of a particular case

Question 20

mandatory sentencing guidelines

Answer 20

statutorily determined punishments that must be applied to those who are convicted of specific crimes

Question 21

habitual offender laws

Answer 21

statues that require lengthy prison sentences for those who are convicted of multiple felonies

Question 22

Victim Impact Statement (VIS)

Answer 22

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

Question 23

capital punishment

Answer 23

the use of the death penalty to punish wrongdoers for certain crimes