CJA 342 - Chapter 9 & 10

Question 1

punishment

Answer 1

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

Question 2

3 forms of punishment

Answer 2

incapacitation, reform, vengence

Question 3

incapacitation

Answer 3

removal from society, going to jail

Question 4

reform

Answer 4

rehabilitation, making someone better

Question 5

vengeance

Answer 5

eye for an eye

Question 6

sentencing

Answer 6

the formal act by a court or judge stipulating proper punishment for wrongs committed following a conviction

Question 7

4 degrees of sentencing

Answer 7

traffic violations, misdemeanor crimes, state prison, death penalty

Question 8

traffic violation

Answer 8

lowest punishment, sentenced to pay money, fined money

Question 9

misdemeanor crimes

Answer 9

incarceration, county jail, 1 yr

Question 10

state prison

Answer 10

more than 1 yr, felony, more serious crime

Question 11

mandatory sentencing

Answer 11

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

Question 12

habitual law (repeat offenders law)

Answer 12

types of law put into place, enhanced sentencing for repeat offenders and, or, with aggravating circumstances

Question 13

mitigating circumstances

Answer 13

in your favor, reasonable explanation why you did what you did

Question 14

3 strikes law

Answer 14

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

Question 15

death penalty: california has 2 types of murders

Answer 15

murder 1st degree, murder to 2nd degree

Question 16

murder 1st degree

Answer 16

premeditated; intent to kill, capital crime

Question 17

murder 2nd degree

Answer 17

noncapital crime, without premeditation

Question 18

when can’t prove murder 1st degree beyond reasonable doubt what does the person get charged with

Answer 18

murder to the 2nd degree

Question 19

corpus delicti

Answer 19

no one should be convicted of a crime without sufficient evidence that the crime actually occurred; 12-0 jury verdict

Question 20

what is the sentencing for 1st degree murder

Answer 20

death penalty or life in prison without the possibility of parole

Question 21

what is the sentencing for 2nd degree murder

Answer 21

life with possibility of parole, can complete 25 yrs then apply for parole and decrease sentencing

Question 22

partan

Answer 22

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

Question 23

commute

Answer 23

lessen punishment for criminal offense

Question 24

who can partan and commute

Answer 24

both the president of the u.s and the gov state

Question 25

POTUS can partan and commute for what

Answer 25

federal law

Question 26

GOV state can partan and commute for what

Answer 26

people who violate state and local law

Question 27

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?

Answer 27

incapacitation, reform, vengeance