Juries and Sentencing

Question 1

Voir dire

Answer 1

pretrial questioning to identify potential jurors; Typically conducted by the prosecutor, defense attorney, and judge

Question 2

Types of challenges

Answer 2

Challenge to the array - disqualifies the entire jury panel
Challenge for cause - impartiality of individual juror
Peremptory challenge - exclusion for no reason

Question 3

Jury decision-making

Answer 3

Jury size and unanimous verdict vary by state; Most important factor: interaction between jurors
Verdict-driven: start with informal vote
Evidence-driven: discuss evidence
Hung jury - unable to reach agreement

Question 4

Reasons for jury discrepancy

Answer 4

Jury more lenient: more sympathetic, disagree with law, or judge knew more information than presented in trial
Jury more punitive: defendant’s demeanor, prior criminal record, or negative view of defendant’s lifestyle

ALL ARE EXTRA-LEGAL THINGS, shouldn’t influence the decision but they do

Question 5

Death penalty

Answer 5

27 states have the death penalty, 24 use it, 3 are on “hold” bc of their governor

Question 6

jury nullification

Answer 6

Conscious and deliberate decision of jury to acquit despite awareness that defendant is guilty based on facts and law

Question 7

Sentencing goals

Answer 7

Retribution, Deterrence, Incapacitation, Rehabilitation, Restoration

Question 8

Retribution

Answer 8

punished in proportion to harm, “just deserts”; Punishing people as the primary tool, sentencing goal in the US

Question 9

Deterrence

Answer 9

punishment discourages repeat offenses by individual (specific) as well as others from committing act (general)

Question 10

Incapacitation

Answer 10

punishment removes individual from society or prevents ability to recommit act

Question 11

Rehabilitation

Answer 11

punishment intended to transform individual

Question 12

Restoration

Answer 12

offender compensates victim for harm inflicted

Question 13

Indeterminate (sentencing)

Answer 13

min and max determined by legislature, judge imposes min and max, parole board reviews and sets actual time; range and discretionary

Question 14

Determinate (sentencing)

Answer 14

judge establishes actual time within statutory range; structure

Question 15

Presumptive sentencing guidelines

Answer 15

formula established by legislature, considers nature of crime and criminal history, aggravating and mitigating circumstances considered; aggravating worsens it, mitigating lessens the severity

Question 16

Mandatory minimum (sentencing)

Answer 16

min established by legislature, does not consider mitigating circumstances; mandatory laws, no wiggle room

Question 17

Fines

Answer 17

alternative or in addition to imprisonment

Question 18

Probation

Answer 18

prison sentence suspension, served in community but may be revoked if conditions of probation violated

Question 19

Intermediate sanctions

Answer 19

may be criminal sentence, part of probation, or following imprisonment

Question 20

Imprisonment

Answer 20

sentences less than one year in jail, more than one year in prison

Question 21

Death

Answer 21

eligible by fed govt. and in 31 states for homicide (rest life without parole); Capital Punishment

Question 22

Factors in sentencing

Answer 22

Seriousness of offense, Defendant’s prior record, Offender characteristics, Victims, Impact, Procedural factors

Question 23

Sentencing Reform

Answer 23

Movement toward fixed-term sentences; Refocus on deterrence and away from rehabilitation