ADJ 100 Week 6

blueghost's version from 2017-03-25 21:33

Section 1

Question Answer
retributionthe philosophy that those who commit criminal acts should be punished for breaking society's rules to the extent required by just deserts
just desertsa sanctioning philosophy based on the assertion that criminal punishment should be proportionate to the severity of the crime
deterrencethe strategy of preventing crime through the threat of punishment
general deterenceby punishing one person, others will not commit a similar crime
specific deterrencethe individual, after punishment, will be less likely to commit the crime again
incapacitation a strategy for preventing crime by detaining wrongdoers in prison,thereby separating them from the community and reducing criminal opportunities
rehabilitation philosophy that society is best served when wrongdoers are provided the resources needed to eliminate criminality from their behavioural patterns
restorative justicean approach to punishment designed to repair the harm done to the victim and the community by the offender's criminal act
restitution monetary compensation for damages done to the victim by the offender's criminal act
different components of restorative justice from mainstream offender involvement, victim involvement, victim-offender interaction, community involvement, problem-solving practices
indeterminate sentencingan indeterminate term of incarceration in which a judge determines the minimum and maximum length of imprisonment
determinate sentencing a period of incarceration that is fixed by a sentencing authority and cannot be reduced
"good time"a reduction in time served by prisoners based on good behaviour, conformity tot he rules, and other pos
truth-in-sentencing lawslegislative attempts to ensure that convicts will serve approx the terms to which they were initially sentenced
judicial dispositions capital punishment, imprisonment, probation, alternative sanctions, fines
apologies are a part of ___restorative justice
pre-sentence investigative reportan investigative report on an offender's background that assists in determining the proper sentence
"real offense"the actual offense committed, as opposed to the charge levied by a prosecutor as the result of a plea bargain
mitigating circumstancesany circumstances accompanying the crime that may justify a lighter sentence
aggravating circumstances any circumstances accompanying the crime that may justify a harsher sentence
sentencing disparitya situation in which those convicted of sim crimes do not receive sim sentences
three sentencing disparity wayssim sentences for different crimes of unequal seriousness; criminals receive different sentences for sim crimes; mitigating or aggravating circumstances have a dissporportionate effect on successes
sentencing discrimination a situation in which the length of a sent appears to be influenced by the defendant's race, gender, economic status, or other factor not directly related to the crime he or she committed
chivalry effectthe idea that women should be treated more leniently than men
sentencing guidelineslegislatively determined guidelines that judges are required to follow when sentencing those convicted of specific crimes
issue with sentencing guideline applicationfederal sentencing guidelines are ADVISORY only
departurea stipulation in many federal and state sentencing guidelines that allows a judge to adjust his or her sentencing decision based on special circumstances of a particular case
mandatory sentencing guidelinesstatutorily determined punishments that must be applied to those who are convicted of specific crimes
mandatory sentencing really applies to ___ crimes related to illegal drugs
habitual offender lawsstatutes that require lengthy prison sentences to those who are convicted of multiple felonies
three strikes rulethird conviction means lengthy sentence EVEN if the third conviction is not for a serious crime
reforms to mandatory sentencing...expanding discretion, limitting habitual offender triggers, repealing or revising mandatory minimum sentencing
victim impact statementsstatement to the sentencing body in which the victim is given the opportunity to describe how the crime has affected them
capital punishmentthe use of the death penalty to punish wrongdoers for certain crimes
Weems v. US cruel and unusual punishment is fluid, courts decide if punishment is cruel in regard to physical and psych pain
Baze v. Rees the possibility of pain does not make punishment cruel and unusual
Furman v. Georgebifucated procedure for capital cases (jury determines guilt in first stage and if the punishment can be life in prison not capital
Atkins v. VA state courts can make own decisions about whether inmates are qualified as mentally impaired for death penalty purposes
Roper v. Simmonsended the use of death penalty with juveniles

Section 2

Question Answer
community correctionscorrectional supervision of offenders in the community as an alt to jail
two main community correctionsprobation and parole
reintegrationpreparing the offender for return to community
diversinstrategy to divert offenders who qualify away from correctional inst and to community based and intermediate sancitons
why community correctionslower cost, help with overcrowding
probationcriminal sanction where convict is allowed to remain in community rather than be imprisoned
___ is the most common form of punishment in the USprobation
suspended sentencejudicially imposed condition in which offender is sentenced after conviction but is not required to serve the time immediately
split sentence probationsome time in jail/prison, followed by period on probation
another name for split sentence probationshock probation
alt sentencing arrangementsshock probation, shock incarceration, intermittent incarceration,
why someone may be denied probationmultiple charges, on probation or parole at time of arrest, two plus prior convictions, narcotic addiction, seriously injured victims, used a weapon in crime
revocationformal process that ends the probation and probationer is punished usually by being sent to jail or prison for the original term
dual process of probationrehabilitation of probationer and protection of the community
US v. Knightslaw enforcement has more leeway with probationers than other citizens
authoritypower designated to an agent of law over a person who has broken the law
officer-offender relationship based on...respect, honesty, and trust
caseloadnumber of probationers a officer is responisble for at a time
technical violationaction by parolee or probation that is not criminal but breaks the terms of the probation or parole
morrissey v. brewerrights of probationers to: preliminary hearing, revocation hearing, and revocation sentencing
graduated sanctionsseries of punishments that become more severe with each subsequent act of wrongdoing
why graduated sanctionseffort to keep parole and probationers out of prison or jail
paroleconditional release of a prisoner after a portion of sentence is served
parole based on three conceptsgrace (prisoner is not entitled to early release), contract of consent (will abide by certain condtions); custody (parolee is still state responsibility)
parole contractagreement between the state and the offender that establishes the conditions of parole
discretionary releaserelease of an inmate to a community supervision program at the discretion of the parole board with limits set by the state or federal law
life without parole is usually for first degree murder or those who are defined by statue as habitual offenders
parole boardboard that decides about conditional release; decides about parole, conditions, discharge from parole, and determine revocation
parole criteria nature and circumstance of crime, criminal record, attitude, health as a whole, behaviour behind bars
parole grant hearing parole board meets the offender, hears testimony, and determines whether to grant parole
mandatory releaserelease from prison that occurs when an offender has served the full length of his or her sentence, minus good time
parole guidelinesstandards that are used to measure the risk that a potential parolee with recidivate
victims and paroleright to be notified of parole proceedings, and attend and be reasonably heard
intermediate sanctionssanctions more restrictive than probation and less than imprisonment
other sentencing options of a judgefines, community service, restitution, pretrial diversion programs, forfeiture
pretrial diversion programsalt to trial offered by a judge or prosecutor in which the offender agrees to participate in a specified counseling or treatment program in return for withdrawal of charges
forfeiture process by which the govt seizes private prop attached to criminal activity
day reporting centerscommunity-based corrections center to which offenders report on a daily basis for treatment, education, and rehabilitation
intensive supervision probationpunishment-oriented probation in which offender is placed under stricter and more frequent watch and control
shock incarcerationshort period of incarceration that is designed to deter further criminal activity by shocking offender
boot camps variation on shock incarceration; military like camp with physical activity focus
home confinementcommunity-based sanction in which offender serves term of incarceration in home
levels of home monitoringcurfew (least), home detention, home incarceration (strict)
electronic monitoring technique of probation supervision where offenders location is watched with electronic device
widen the netcriticism that intermediate sanctions actually increase the number of citizens who are under control and watch

Recent badges