Sentencing Options/Criminal Procedures

Question 1

Suspended Sentence

Answer 1

the sentence does not have to be served at the time it is given

Question 2

Probation

Answer 2

released to the supervision of a probation officer after agreeing to follow certain conditions

Question 3

Home Confinement

Answer 3

the defendant is sentenced to serve the term at home

Question 4

Fine

Answer 4

must pay the government an amount of money set by the court

Question 5

Restitution

Answer 5

the defendant is required to pay back or make up for whatever loss or injury was caused to the victim of the crime

Question 6

Work Release

Answer 6

the defendant is allowed to work in the community but is required to return to prison at night, or on weekends

Question 7

Imprisonment

Answer 7

sentenced to a term in prison

Question 8

Custody

Answer 8

Arrest
- Miranda Rights are read
- Right to remain silent

Question 9

Booking

Answer 9

the formal process of making a police record of the arrest

Question 10

What is taken during booking?

Answer 10

• photo (mug shot)
• personal information
• fingerprinted and photographed
• urine test

Question 11

Bail

Answer 11

money or property put up by the accused to allow release from jail before trial

Question 12

Can be denied bail if…

Answer 12

• charged with violent crime
• convicted of a felony before
• danger to society

Question 13

Preliminary Hearing

Answer 13

used in felony cases to determine if there is enough evidence to require the defendant to stand trial

Question 14

After a preliminary hearing, the case could still be submitted to a…

Answer 14

Grand Jury

Question 15

Grand Jury

Answer 15

a group of 12 to 23 people who hear preliminary evidence to decide if there is enough evidence to formally charge a person with a crime

Question 16

The rules of the Grand Jury…

Answer 16

• neither defendant or attorney appear before
• no judge; rules of evidence don’t apply
• majority of jurors must agree to have a trial. If not, charges are dismissed

Question 17

Arraignment

Answer 17

a court session at which the defendant is charged and enters a plea (guilty, not guilty) only felony cases

Question 18

Pretrial Motion

Answer 18

a document by which a party asks the judge to make a decision before the trial begins

Question 19

Plea Bargaining

Answer 19

in major cases, guilty pleas result from a process of negotiation among the defense and the prosecutor
(ex: someone admits to the crime they committed, they get less time)

Question 20

Trial

Answer 20

court that listens to testimony, reviews evidence and decides the facts in a disputed situation (Verdict Given)

Question 21

Retribution

Answer 21

you do the crime, you do the time (ex: you commit murder, you’re sentenced to the death penalty)

Question 22

Deterrence

Answer 22

punishment will discourage the offender from committing another crime in the future

Question 23

Rehabilitation

Answer 23

helping convicted persons change their behavior so that they can lead useful and productive lives after release (education programs, counseling in jail)

Question 24

Incapacitation

Answer 24

criminal is physically separated from the community and the community will thus be protected

Question 25

Parole

Answer 25

the release of a convicted person from prison before his or her entire sentence has been served. (not a right but a privilege)

Question 26

Capital Punishment

Answer 26

(death penalty) is the most controversial sentence given to defendants
- restricted to most serious crimes (murder, rape)

Question 27

What are the two circumstances to consider?

Answer 27

• Aggravating Circumstances
• Mitigating Circumstances

Question 28

Aggravating Circumstances

Answer 28

factors that tend to make the crime worse, such as a gruesome murder or previous convictions

Question 29

Mitigating Circumstances

Answer 29

factors that tend to make a crime less severe