Sentencing Flashcards
What are the 5 goals of sentencing?
Retribution, deterrence, incapacitation, rehabilitation, reintegration
What is sentencing in terms of retribution?
Punishment only because of the harm/wrong inflicted, an eye for an eye
What is sentencing in terms of deterrence?
Punishing offenders to discourage future offending, general and specific
What is sentencing in terms of incapacitation?
Prevent future offending/additional harm to society, crime control
What is sentencing in terms of rehabilitation?
Focus on offender reform
What is sentencing in terms of reintegration?
Focus on damages done to the victim, reintegrate offender back into society
Which era focused sentencing on retribution?
18th century “Colonial” era
Which era focused on sentencing deterrence?
19th century “Populist” era
Which era focused sentencing on rehabilitation?
20th century “Progressive” era
What is a determinant sentencing law?
Every offense has a statutorily defined penalty
What are some examples of determinant sentencing laws?
Mandatory minimums, three strikes, sentencing guidelines
Which determinant sentencing law requires offenders to serve a fixed minimum term for an offense?
Mandatory minimums
What are the four goals of sentencing guidelines?
Uniformity, equality, certainty, control
What is truth in sentencing?
Requiring offenders to serve a substantial portion of their prison sentence
How can we avoid judge shopping?
Random assignment
