CJA 342 - Chapter 9 & 10 Flashcards
punishment
when an agent (judge) of a government with authority to do so inflicts pain loss of liberty or some other unpleasant consequence on a person who has been convicted of crime
3 forms of punishment
incapacitation, reform, vengence
incapacitation
removal from society, going to jail
reform
rehabilitation, making someone better
vengeance
eye for an eye
sentencing
the formal act by a court or judge stipulating proper punishment for wrongs committed following a conviction
4 degrees of sentencing
traffic violations, misdemeanor crimes, state prison, death penalty
traffic violation
lowest punishment, sentenced to pay money, fined money
misdemeanor crimes
incarceration, county jail, 1 yr
state prison
more than 1 yr, felony, more serious crime
mandatory sentencing
legislative laws that fix an exact penalty or conviction of certain crimes or a minimum number of yrs of incarceration that defendants must serve; not less than 10 yrs not more than 20 yrs
habitual law (repeat offenders law)
types of law put into place, enhanced sentencing for repeat offenders and, or, with aggravating circumstances
mitigating circumstances
in your favor, reasonable explanation why you did what you did
3 strikes law
example of habitual offender (repeat offender), convicted in court of law on 3 different occasions of a serious felony assault -> 3rd time = 25 yrs to life
death penalty: california has 2 types of murders
murder 1st degree, murder to 2nd degree
murder 1st degree
premeditated; intent to kill, capital crime
murder 2nd degree
noncapital crime, without premeditation
when can’t prove murder 1st degree beyond reasonable doubt what does the person get charged with
murder to the 2nd degree
corpus delicti
no one should be convicted of a crime without sufficient evidence that the crime actually occurred; 12-0 jury verdict
what is the sentencing for 1st degree murder
death penalty or life in prison without the possibility of parole
what is the sentencing for 2nd degree murder
life with possibility of parole, can complete 25 yrs then apply for parole and decrease sentencing
partan
to fully set aside any punishments for a criminal conviction as well as records associated with the crime; as if crime never occurred; clean record
commute
lessen punishment for criminal offense
who can partan and commute
both the president of the u.s and the gov state
POTUS can partan and commute for what
federal law
GOV state can partan and commute for what
people who violate state and local law
CHAPTER 9 QUESTION: when a person is punished the punishment results in restriction, rehabilitation, or eye for an eye reasoning. Which of the following defines or explains these reasonings?
incapacitation, reform, vengeance
