Study sets, textbooks, questions
Upgrade to remove ads
Chapter 9: Sentencing, Appeals, and the Death Penalty
Terms in this set (44)
money paid or services provided by a convicted offender to victims, their survivors, or the community to make up for the injury inflicted
a sentence with a fixed minimum and maximum term of incarceration, rather than a set period
A sentence with a fixed period of incarceration, which eliminates the decision-making responsibility of parole boards.
Sentencing in which judges may choose between probation and imprisonment but have little discretion in setting the length of a prison sentence. Once an offender is imprisoned, there is no possibility of reduction in the length of the sentence.
Time deducted from an inmate's sentence by prison authorities for good behavior and other meritorious activities in prison.
Sentencing in which a specified number of years of imprisonment (usually within a range) is provided for particular crimes.
Sentencing that allows a judge to retain some sentencing discretion, subject to appellate review. The legislature determines a sentence range for each crime.
criminal sanctions or criminal punishment
penalties that are imposed for violating the criminal law
a justification for punishment that implies repayment for an offense committed
The punishment rationale expressed by the biblical phrase, "An eye for an eye, and a tooth for a tooth." People who seek revenge want to pay back offenders by making them suffer for what they have done.
The punishment rationale based on the idea that offenders should be punished automatically, simply because they have committed a crime - they "deserve" it - and the idea that the punishment should fit the crime.
The removal or restriction of the freedom of those found to have violated criminal laws.
special deterrence or specific deterrence
the prevention of individuals from committing crimes again by punishing them
The attempt to prevent people in general from engaging in crime by punishing specific individuals and making examples of them.
The attempt to "correct" the personality and behavior of convicted offenders through educational, vocational, or therapeutic treatment and to return them to society as law-abiding citizens.
descriptions of the harm and suffering that a crime has caused victims and their survivors
presentence investigation report
reports, often called PSIs or PSIRs, that are used in the federal system and the majority of states to help judges determine the appropriate sentence. they are also used in classifying probationers, parolees, and prisoners according to their treatment needs and security risk
The procedure at a sentencing hearing in which the convicted defendant has the right to address the court before the sentence is imposed. During allocution, a defendant is identifies as the person found guilty and has a right to deny or explain information contained in the PSI if his or her sentence is based on it
A "forgiveness" for the crime committed that stops further criminal processing.
Among the claims that a convicted offender can make at allocution are the following:
- That he or she is not the person who was found guilty at trial.
- That a pardon has been granted for the crime in question.
- That he or she has gone insane since the verdict was rendered. Rules of due process prohibit the sentencing of convicted offenders if they do not understand why they are being punished. Punishment must be deferred until they are no longer insane.
- That she is pregnant. The sentence of a pregnant offender must be deferred or adjusted, especially in a capital case.
Which amendment of the U.S. Constitution prevents judges from imposing cruel and unusual punishments?
If a defendant is convicted of two or more crimes simultaneously, the judge may decide that the sentences can be served ________ (at the same time) or consecutively (one after the other).
A(n) ________ sentence has a fixed minimum and maximum term of incarceration, rather than a set period.
Under what type of sentencing do judges have to give sentences of a specified number of years for particular crimes?
In the United States, a type of determinate sentencing that allows a judge to retain some sentencing discretion, subject to appellate review, is known as _______ _______.
The rationale for criminal punishment that seeks to return victims, as much as possible, to their previous state is known as
The rationale for criminal punishment known as ______ dates back to ancient times. It i an imprecise term that generally implies repayment for crimes committed.
The rationale for criminal punishment known as ________ is the removal or restriction of the freedom of those convicted of violating criminal laws.
In the context of criminal justice, match the forms of deterrence (in the left column) with their descriptions (in the right column).
special deterrence or specific deterrence --> it is the prevention of individuals from committing crime again by punishing them
general deterrence--> it is the prevention of people from engaging in crime by punishing specific individuals and making examples of them
The rationale for criminal punishment known as _______ is the attempt to correct the personality or behavior of convicted offenders through educational, vocational, or therapeutic treatment and to return them to society as law-abiding citizens.
A victim-impact statement is a description of
the harm and suffering a crime has caused victims and their survivors
What are the purposes of a presentence investigation report?
- to help judges determine the appropriate sentence for particular defendants
- to classify probationers, parolees, and prisoners according to their treatment needs and security risk
In most jurisdictions in the United States, the procedure at a sentencing hearing in which a convicted defendant has the right to address the court before the sentence is imposed is known as __________.
The rationale for criminal punishment known as _______ focuses on the prevention of future crime.
A two-stage trial (unlike the one-stage trial in other felony cases) consisting of a guilt phase and a separate penalty phase.
aggravating factors, aggravating circumstances, or special circumstances
in death sentencing, facts or situations that increase the blameworthiness for a criminal act
Mitigating factors, mitigating circumstances, or extenuating circumstances
in death sentencing, facts or situations that do not justify or excuse a criminal act but reduce the degree of blameworthiness and thus may reduce the punishment
Review in which the appellate court compares the sentence in the case it is reviewing with penalties imposed in similar cases in the state. The object is to reduce, as much as possible, disparity in death penalty sentencing.
reduction of the original sentence given by executive authority, usually a state's governor
The procedural reform, approved in the Gregg decision, in which the appellate court compares the sentence in the case it is reviewing with penalties imposed in similar cases in the state is known as a(n) ______ _______.
In the United States, the death penalty today is
applied less often than in the early years of the country
For which of the following crimes could a convicted offender be put to death in the Massachusetts Bay Colony?
In the Massachusetts Bay Colony, 12 crimes carried the death penalty:
- statutory rape
- perjury in a trial involving a possible death sentence
- assault in sudden anger
- buggery (sodomy)
Sets with similar terms
Criminal Justice Chpt. 9
CJ chapter 9- Exam 3
Intro to Criminal Justice Chapter 9
Chapter 9 vocab
Other Quizlet sets
8115 Mods 7-9
HS quiz 3
Selective Addition of Organometallic Rea…