Chapter Three notes Flashcards
Purposes of punishment
- Retribution
- Deterrence
- Rehabilitation
- Incapacitation
- Restoration
Retribution
-Determining an appropriate punishment to be inflicted upon an offender
- assuming everyone knows right from wrong, what punishment is suitable for the crime?
Specific Deterrence
Punishment is imposed to discourage a defendant from committing a crime in the future
General Deterrence
Punishment is imposed to discourage others from breaking the law
Rehabilitation
Appeals to the notion that people are inherently good and capable of change given the proper support and resources
Incapacitation
Removes offenders from society to prevent further harm
Selective Incapacitation
Singles out offenders who commit designated crimes for lengthy incarceration
Restoration
Requires the offender to be held accountable for their actions by engaging in financial restitution and community service to compensate the victims and refresh the community
Probation
The avoidance or suspension of a prison sentence given that the offender obeys a certain set of standards and reports to a probation officer
Intermediate Sanction
short term “shock” incarceration, community service, restitution
Assets forfeiture
Court ordered seizure of the fruits of illegal narcotic drug transaction
Determinate Sentence
State legislature gives little discretion and specifies a sentence for the offender
- sentence shorter or longer than the specification must be justified by the judge
Mandatory Minimum Sentece
Legislature requires the judge to assign the minimum sentence
Intermediate Sentence
The state legislature provides judges to set a minimum and maximum sentence within set limits
Presumptive Sentencing Guidelines
Legislative established commissions provide a sentencing formula based on the nature of the crime, the individual’s criminal history, and other factors