Test 1 Flashcards
Chapters 4, 5, & 6
A philosophy of punishment demanding that criminals’ punishments match the degree of harm the criminals have inflicted on their victims—that is, what they justly deserve.
Retribution
A punitive penalty ordered by the court after a defendant has been convicted of a crime either by a jury, by a judge, or in a plea bargain.
Sentence
A philosophy of punishment aimed at the prevention of crime by the threat of punishment.
Deterrence
A philosophy of punishment that refers to the inability of criminals to victimize people outside prison walls while they are locked up.
Incapacitation
A philosophy of punishment aimed at “curing” criminals of their antisocial behavior.
Rehabilitation
A prison sentence consisting of a range of years to be determined by the convict’s behavior rather than one of a fixed number of years.
Indeterminate Sentence
A prison sentence of a fixed number of years that must be served rather than a range.
Determinate Sentence
A prison sentence imposed for crimes for which probation is not an option, where the minimum time to be served is set by law.
Mandatory Sentence
Laws that require that there be a truthful, realistic connection between the sentences imposed on offenders and the time they actually serve.
Truth-in-sentencing laws
A sentence in which two separate sentences may be served at the same time.
Concurrent sentence
A sentence in which two or more sentences must be served sequentially.
Consecutive sentence
Statutes mandating that offenders with third felony convictions be sentenced to life imprisonment regardless of the nature of the third felony.
Habitual Offender Statutes
When an ex-offender commits further crimes.
Recidivism
A type of sentence aimed at shocking offenders into going straight by exposing them to the reality of prison life for a short period followed by probation.
Shock Sentence
Sentences that require convicted persons to serve brief periods of confinement in a county jail prior to probation placement.
Split Sentence
A probation sentence coupled with certain conditions that must be followed in order to remain in the community.
Noncustodial Sentence
Programs designed to control offenders in a secure environment while at the same time allowing them to maintain employment.
Work release
A statement made by persons directly affected by a crime (or victims’ survivors in the case of murder) to inform the court of the personal and emotional harm they have suffered as a result of the defendant’s actions and, in some states, to make a sentencing recommendation.
Victim Impact Statement
Sentence disparity that is based on considerations such as crime seriousness and/or prior record.
Legitimate Sentence Disparity
Sentence disparity where there are differences in punishment in cases in which no rational justification can be found for them.
Illegitimate Sentence Disparity
An act mandating that the amount of crack cocaine subject to the 5-year minimum sentence be increased from 5 to 28 grams, thereby reducing the 100-to-1 ratio to an 18-to-1 ratio (28 grams of crack gets as much time as 500 grams of powder cocaine).
Fair Sentencing Act of 2010
An act signed by President Trump that seeks to improve criminal justice outcomes such as reducing the federal prison population (the act applies only to the federal system) and creating rehabilitative mechanisms to maintain public safety.
First Step Act
Report written by the probation officer informing the judge of various aspects of the offense for which the defendant is being sentenced as well as providing information about the defendant’s background (educational, family, and employment history), character, and criminal history.
Structuring Sentencing: The Presentence Investigation Report
Scales for numerically computing sentences that offenders should receive on the basis of the crimes they committed and on their criminal records.
Structured Sentencing: Sentencing Guidelines