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Sentencing Disparity

A situation in which those convicted of similar crimes do not receive similar sentences.

Sentencing

Making a decision on how to punish a criminal.

Just Desserts

A sanctioning philosophy based on the assertion that criminals deserve to be punished for breaking society's rules.

Who normally makes the sentencing decision?

The Judge.

When is an offender considered to be "rehabilitated"?

When the offender can be determined to no longer be a threat to society.

What is a prison?

A prison is a state or federal confinement facility that has custodial authority over adults sentenced to confinement

Compared to the number of people in jail, is the number of people on probation more or less?

...

What does a probation revocation process consist of? What is the three part process?

The revocation process:
The preliminary hearing -A preliminary hearing to determine whether there is probable cause to believe that he has committed a violation of is parole.
The revocation hearing -A more comprehensive hearing. Probation agency presents evidence to support its claim of violation, and the probationer can attempt to refute his evidence.
Revocation sentencing or revocation decision -If the presiding body rules against the probationer, then the judge must decide whether to impose incarceration and for what length of time.

Do high rates of incarceration have a disproportionate impact on minority groups?

...

What is the incarceration rate per 100,000 for state and federal prisoners sentenced to more than a year?

509 prisoners for every 100,000 U.S. residents.

The rate of imprisonment for African-American males is how much greater than that of white males?

7 times greater

What is 'selective incapacitation'?

Selective incapacitation seeks to identify the most dangerous criminals, with the goal of removing them from society. In most jurisdictions where the just desserts model holds sway, selective incapacitation has become the rule.

What is meant by 'classification systems'?

Initial classification (external)determine security levels, internal classification systems are designed to help determine appropriate housing plans and program interventions within a particular facility for inmates who share a common custody level

Jails are managed by...?

Local government, typically the local law enforcement agency.

What is meant by 'time served'?

...

What is probation?

A sentence of imprisonment that is suspended. Also, the conditional freedom granted by a judicial officer to a convicted offender, as long as the person meets certain conditions of behavior.

Mempa v. Rhay (1967)

The Court ruled that probationers were entitled to an attorney during the revocation process. And notice and a hearing were required.

What is meant by a 'technical violation'?

An action taken by a probationer that, although not criminal, breaks the terms of probation as designated by the court; can result in the revocation of probation and a return to prison or jail.

What is meant by 'caseload'?

A caseload is the number of clients a probation officer is responsible for at any one time.

Truth-in-sentencing laws require offenders to serve at least?

85% of their sentence

Deterrence

The strategy of preventing crime through the threat of punishment. Assumes that potential criminals will weigh the costs of punishment versus the benefits of the criminal act; therefore, punishments should be severe.

Incapacitation

A strategy for preventing crime by detaining wrongdoers in prison, thereby separating them from the community and reducing criminal opportunities.

Rehabilitation

The philosophy that society is best served when wrongdoers are provided the resources needed to eliminate criminality from their behavioral pattern rather than simply being punished.

indeterminate sentencing

The prison term imposed after conviction for a crime which does not state a specific period of time or release date, but just a range of time, such as "five-to-ten years".

Mitigating Circumstances

In criminal law, conditions or happenings which do not excuse or justify criminal conduct, but are considered out of mercy or fairness

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