Chapter 11 Vocab

32 terms by kdeiter 

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Sentencing

The imposition of a criminal sanction by a judicial authority.

Retribution

The act of taking revenge on a criminal perpetrator.

Just Deserts

A model of criminal sentencing that holds that criminal offenders deserve the punishment they receive at the hands of the law and that punishments should be appropriate to the type of severity of the crime committed.

Incapacitation

The use of imprisonment or other means to reduce the likelihood that an offender will commit future offenses.

Deterrence

A goal of criminal sentencing that seeks to inhibit criminal behavior through the fear of punishment.

Specific Deterrence

A goal of criminal sentencing that seeks to prevent a particular offender from engaging in repeat criminality.

General Deterrence

A goal of criminal sentencing that 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.

Rehabilitation

The attempt to reform a criminal offender. Works through education and psychological treatment.

Restoration

A goal of criminal sentencing that attempts to make the victim "whole again."

Restorative Justice

A sentencing model that builds on restitution and community participation in an attempt to make the victim "whole again."

Indeterminate Sentencing

A model of criminal punishment that encourages rehabilitation through the use of general and relatively unspecific sentences (such as a term of imprisonment of from one to ten years).

Gain Time

The amoung to time deducted from time to be served in prison on a given sentence as a consequence of participation in special projects or programs.

Good Time

The amount of time deducted form time to be served in prison on a given sentence as a consequence of 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

A sentencing principle, based on concerns with social equality, that holds that similar crimes should be punished with the same degree of severity, regardless of the social or personal characteristics of the offenders.

Social Debt

A sentencing principle that holds that an offender's criminal history should objectively be taken into account in sentencing decisions.

Structured Sentencing

A model of criminal punishment that includes determinate and commission-created presumptive sentencing schemes, as well as voluntary/advisory sentencing guidelines.

Determinate Sentencing

A model of criminal punishment in which an offender is given a fixed term of imprisonment that may be reduced by good time or gain time.

Voluntary/Advisory Sentencing Guidelines

Recommended sentencing policies that are not required by law.

Presumptive Sentencing

A model of criminal punishment that meets the following conditions: 1) The appropriate sentence for an offender convicted of a specific charge is presumed to fall within a range of sentences authorized by sentencing guidelines that are adopted by a legislatively created sentencing body, usually a sentencing commission. 2) Sentencing judges are expected to sentence within the range or to provide written justification for failing to do so. 3) There is a mechanism for review, usually appellate, of any departure from the guidelines.

Aggravating Circumstances

Circumstances relating to the commission of a crime that make it more grave than the average instance of that crime.

Mitigaiting Circumstances

Circumstances relating to the commission of a crime that may be considered to reduce the blameworthiness of the defendant.

Truth in Sentencing

A close correspondence between the sentence imposed on an offender and the time actually served in prison.

Mandatory Sentencing

A structured sentencing scheme that allows no leeway in the nature of the sentence required and under which clearly enumerated punishments are mandated for specific offenses or for habitual offenders convicted of a series of crimes.

Diversion

The official suspension of criminal or juvenile proceedings against an alleged offender at any point agter a recorded justice system intake, but before the entering of a judgment and referral of that person to a treatment or care program administered by a nonjustice or private agency. Release without referral.

Alternative Sentencing

The use of court-ordered community service, home detention, day reporting, drug treatment, psychological counseling, victim-offender programming, or intensive supervision in lieu of other, more traditional sanctions, such as imprisonment and fines.

Presentence Investigation

The examination of a convicted offender's background prior to sentencing. They are generally conducted by probation or parole officers and are submitted to sentencing authorities.

Victim-Impact Statements

The in-court use of victim- or survivor-supplied information by sentencing authorities seeking to make an informed sentencing decision.

Capital Punishment

The death penalty. It is the most extreme of all sentencing options.

Capital Offenses

A criminal offense punishable by death.

Writ of Habeas Corpus

A writ that directs the person detaining a prisoner to bring him or her before a judicial officer to determine the lawfulness of the imprisonment.

Retentionist Position

Revenge, Just Deserts, and Protection to justify capital punishment.

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