Test 5 150 11 and 12 Flashcards
sentencing
the imposition of a penalty on a person convicted of a crime
philosophies of sentencing
includes moral issues, societal, emotional
retribution
call for punishment based on perceived need for vengeance
incapacitation
the use of imprisonment or other means to reduce the likelihood that an offender will commit future offenses
deterrence
the example or threat of punishment to convince people that criminal activity is not worthwhile
rehabilitation
involves attempts to reform criminals, and create changes in their behavior
restoration
attempts to make the victim and the community “whole again”
five goals of sentencing
retribution, incapacitation, deterrence, rehabilitation, and restoration
imprisonment
primary sentencing tool of the just deserts model
general deterrence
seeks to prevent others from committing crimes similar to the one for which a particular offender is being sentenced by making an example of the person sentenced
specific deterrence
seeks to prevent a specific offender from engaging in repeat criminality
consecutive sentencing
each sentence is served one after the other(two 50 year sentences makes 100 years)
concurrent sentencing
each sentence is served side by side with another(two 50 year sentences makes 50 years)
gain time
time off in recognition of the inmate’s project or program participation
good time
time off for good behavior
proportionality
a sentencing principle that holds that the severity of sanctions should bear a direct relationship to the seriousness of the crime committed
equity
similar crimes should be punished with the same degree of severity
social debt
offender’s criminal history should be considered in history
mitigating circumstances
circumstances related to the commission of a crime that may be considered to reduce the blameworthiness of a defendant
aggravating circumstances
circumstances relating to the commission of a crime that make it more grave than the average instance of that crime
general deterrence
attempts to discourage potential offenders from committing crimes
which sentencing model tends to involve the greatest amount of judicial discretion
indeterminate sentencing
community corrections
the use of a variety of officially program-based sanctions that permit convicted offenders to remain in the community under conditional supervision
includes probation, parole, home confinement, and electronic monitoring
probation
court-ordered sentence served under supervision in the community