85 terms

Criminal Justice Test #1

Corporal Punishment
Punishment inflicted on the offender's body with whips or other devices that cause pain.
Beating with a whip or strap or rope as a form of punishment.
A type of mutilation practiced by Roman society that branded letters or marks on criminals signifying their crimes.
An injury that deprives you of a limb or other important body part.
Instant Death
Beheading, hanging, and garroting were the most common means of merciful or instant death.
Lingering Death
When you are tortured and the pain kills you.
Public Humiliation
A punishment like holding a sign saying "i stole from a elderly woman" in public in hopes to deter other potential lawbreakers.
By chaining or jailing criminals.
A workhouse. the word came from the name of the first workhouse in England. Penal institutions for social outcasts.
William Penn
A Quaker that founded Pennsylvania to establish a place where his people and others could live in peace and be free from persecution.
John Howard
Dedicated his life to the reforming of prisons.
Cesare Beccaria
An Italian philosophe who turned his thoughts to the justice system. He believed that laws existed to preserve social order, not to avenge crimes. He was against torturing witnesses and suspects, and cruel and unusal punishment. His thoughts and ideas are used in the US constitution.
Jeremy Bentham
Creator of Utilitarianism. Advocates "the greatest happiness for the greatest number." Used the Pain-Pleasure litmus test, rather than ideology.
Idea that the goal of society should be to bring about the greatest happiness for the greatest number of people.
Hedonistic Calculus
The idea that people are motivated by pleasure and pain and that the proper amount of punishment can deter crime.
With an attorney present, the judge decides whether to impose a term of incarceration and, if so, the duration of the term.
The penalty Imposed.
Social Order
The smooth functioning of social institutions, the existence of positive and productive relations among individual members of society, and the orderly functioning of society as a whole.
Punishment as vengeance. An emotional response to real or imagined injury or insult.
A sentencing goal that involves retaliation against a criminal perpetrator.
Just Deserts
Punishment deserved, perspective on criminal sentencing holds that criminal offenders are morally blameworthy and are therefor deserving of punishment.
The discouragement or prevention of crimes through the fear of punishment.
Specific Deterrence
The deterrence of the individual being punished from committing additional crimes.
General Deterrence
The use of the example of individual punishment to dissuade others from committing crimes.
Pleasure-Pain Principle
The idea that actions are motivated primarily by desire to experience pleasure and avoid pain.
The use of imprisonment or other means to reduce an offender's capability to commit future offenses.
Correctional Econometrics
The study of the cost-effectiveness of various correctional programs and related reductions in the incidence of crime.
The changing of criminal lifestyles into law-abiding ones by "correcting" the behavior of offenders through treatment, education, and training..
The process of making the offender a productive member of the community.
The process of returning to their previous condition all those involved in or affected by crime--including victims, offenders, and society.
Restorative Justice
Focuses on restoring the good that has been harmed by criminal activity for the victims, the community and the offender
Victim-Impact Statement
A description of the harm and suffering that a crime has caused victims and survivors.
Sentencing Options
1. Suspended sentence - a sentence is given but not served at that time
2. Probation - the defendant has supervised release
3. Home confinement - defendant is required to serve his/her own sentence at home, closely monitored
4. Monetary fine - damages are paid
5. Restitution - the defendant is required to pay back or make up for damages
6. Work release - the defendant is allowed to work but must return to prison at night and on weekends
7. Imprisonment - the defendant is confined to an institution to serve the sentence
8. Death - the defendant is sentenced to die for his/her crime in the state where this is mandated
Payments made by a criminal offender to his or her victim as compensation for the harm caused by the offense.
Mandatory Sentencing
Those that are required by law under certain circumstances-such as conviction of a specified crime or of a series of offenses of a specified type.
Consecutive Sentence
Sentences served one after the other.
Concurrent Sentence
Sentences served together.
Flat Sentence
Those that specify a given amount of time to be served in custody and allow little or no variation from the time specified.
Intermediate Sentence
Punishment by the judge that has both a minimum and a maximum. Generally parole board determines the actual time of release.
Good Time
A reduction of an inmate's prison sentence, at the discretion of the prison administrator, for good behavior or participation in vocational, educational, or treatment programs.
Determinate Sentence
A sentence of a fixed term of incarceration, which can be reduced by good time.
Advisory Guidelines
Recommended sentencing policies not required by law.
Federal Sentencing Guideline
Takes into account a defendant's criminal history, the nature of the criminal conduct, and the particular circumstances surrounding the offense.
Mandatory Minimum Sentencing
The imposition of sentence required by statue for those convicted of a particular crime or a particular crime with special circumstances.
Habitual Offender Statute
A law that allows a person's criminal history to be considered at sentencing or makes it possible for a person convicted of a given offense and previously convicted of another specified offense to receive a more severe penalty than that for the current offense alone.
3 Strike Rule
If you are convicted a third time for a violent crime/felony crime you will be sentenced to life in prison.
A requirement that a sentence must impose punishment proportionate to the offense.
A sentencing principle that similar crimes and similar criminals should be treated alike.
Social Debt
A sentencing principle that holds that an offender's criminal history should objectively be taken into account in sentencing decisions.
Truth in Sentencing
Refers to laws that rrequire offenders serve a substantial proportation (usually 85%) of their prison sentence before being released on probation.
The halting or suspension, before conviction, of formal criminal proceedings against a person, conditioned on some form of counter performance by the defendant.
Counter Performance
The defendant's participation, in exchange for diversion, in a treatment, counseling, or educational program aimed at changing his or her behavior. [ Drug Courts, Mental Health Courts, and Domestic]
Rationals of Diversion
Stigma of being formally arrested, tried, and convicted can actually encourage more criminal behavior. Diversion is that it is less expensive than formally processing an offender through the criminal justice system.
Diversion is to what ?
Give the typical diversion client a better chance in life.
Unconditional Diversion
The termination of criminal processing at any point before adjudication with no threat of later prosecution. Treatment, counseling, and other services are offered and use is voluntary.
Conditional Diversion
Diversion in which charges are dismissed if the defendant satisfactorily completes treatment, counseling, or other programs ordered by the justice system.
A sentence which releases a convicted person into the community under the supervision of a probation officer.
Goals of Probation
Avoids prison institutionalization and the stigma of incarceration., protect community,carry out sanctions imposed by the court, conduct a risk-needs assessment,support crime victims, coordinate and promote the use of community resources.
Repeated (habitual) behavior, as that of a criminal committing the same crime again after getting out of jail.
Case Investigation
Investigation include the preparation of a presentence report which the judge uses in sentencing an offender.
Purpose of Presentence Report
The PSR assists the court in reaching a fair sentencing decision.
Case Investigation is ?
The first major role of a probation officer.
Client-Specific Plan
A privately prepared presentence report that supplements the PSR prepared by the probation department.
The second major role of probation officers, consisting of resource mediation, surveillance, and enforcement.
Resource Mediation
Providing offenders access to a wide variety of services, such as job development, substance abuse treatment, counseling, and education.
Revocation Hearing
A hearing held before a legally constituted hearing body to determine whether a parolee or probationer has violated the conditions and requirements of his or her parole or probation.
The formal termination of an offender's conditional freedom.
Technical Violation
A failure to comply with the conditions of probation.
Departing in a secret manner, especially to avoid capture.
New Offense Violation
The arrest and prosecution for the commission of a new crime.
A violation of a criminal law.
A state or federal confinement facility that has custodial authority over adults sentenced to confinement.
A serious criminal offense. One punished by death like capital murder.
A crime or offense that is less serious than a felony; any minor misbehavior or misconduct.
A breaking of a law or obligation.
Correctional Clients
Prison inmates, probationers, parolees, offenders assigned to alternative sentencing programs, and those held in jails.
Criminal Justice
The process of achieving justice through the application of the criminal law and through the workings of the criminal justice system.
Criminal Justice System
System of state and federal courts, police, and prisons that enforces criminal law.
The process by which a court arrives at a final decision in a case.
An appearance in court prior to trial in a criminal proceeding.
Institutional Corrections
The aspect of the correctional enterprise that "involves the incarceration and rehabilitation of adults and juveniles convicted of offenses against the law, and the confinement of persons suspected of a crime and awaiting trial and adjudication.
All the various aspects of the pretrial and post-conviction management of individuals accused or convicted of crimes.
Cultural restrictions on behavior that forbid serious violations--such as murder, rape--of a group's values.
Criminal Law
The body of law dealing with crimes and their punishment.
An occupation granted high social status by virtue of the personal integrity of its members.