CJUS 110 Chapter 2
Determinate sentences
Sentences of fixed terms
Indeterminate sentences
Sentences that have a minimum and maximum time to serve
Concurrent sentences
Sentences that run at the same time
Consecutive sentences
Sentences that run one after the other
Police Court system Corrections
3 major components of criminal justice system?
No excessive bail No excessive fine No cruel or unusual punishment
8th amendment
Surety
A person who is legally liable for the conduct of another Someone who guarantees the accused person's appearance in court
Economic sanctions
A requirement that an offender pay a fine or restitution to the victim as a part of his/her sentence
Short-term confinement
A sentence in jail for one year or less
Imprisonment
A sentence in prison for a year or more
Administrative form of sentencing
Administrative bodies have primary discretion in granting good time and determining the release time of offenders
Told a story about the offender
Advantage of using PSI:
•cheaper •efficiency and resource prevention
Advantages of plea bargaining:
•reduce demands on courts •costs less •offenders avoid a conviction
Advantages of pretrial treatment:
Good time
Affords inmates the opportunity to reduce their sentence by good behavior in prison
Plea bargaining
An agreement in which the defendant enters a plea of guilty in exchange for a reduced sentence in comparison to the sentence allowable for the charged offense
Drug courts
An alternative to traditional court models to deal with the underlying drug problem as the basis of the offenders' criminality
Forces innocent people to plead guilty
Argument against plea bargaining:
Felony
Crime that is punishable by a year or more of incarceration
Misdemeanors
Crimes that are punishable by less than a year of incarceration
Unsecured bond
Defendant is released on an unsecured appearance bond with a monetary amount that is secured only by the signature of the defendant
Personal recognizance
Defendant is released upon personal or own recognizance (promise to appear in court) without an appearance bond
Percentage bond
Defendant is required to execute an appearance bond in a specific amount with the clerk of the court
Preventive detention
Detaining an accused person in jail to protect the community from crimes they are likely to commit if set free pending trial
Community service
Economic sanction used when offenders do not have funds from which to pay a fine or make restitution
Bail bond agents
Independent business people or corporations that charge a 5-10% fee of the bond to provide it as bail (Bounty hunters)
Judicial form of sentencing
Judges have primary discretion on creating the sentence
Legislative form of sentencing
Legislative bodies create very structure sentencing codes, and therefore have primary discretion in the length of time served by offenders
Three-strikes law
Legislative mandate that judges sentence third time felons to extremely long or life prison sentences
Intermediate sanctions
Midrange dispositions that fall between probation and imprisonment
Manhattan Bail Project (MBP)
Program started in the 1960s to assist judges in identifying individuals who were good candidates to be released on the own recognizance without commercial or monetary bond
Capital punishment
Punishment for the most serious crimes
Presumptive sentencing
Predetermined range of a minimum, average, and maximum term for a specific crime for a "typical" offender, with allowance for mitigating and aggravating circumstances to be considered
Probation
Prison sentence that is suspended on the condition that the offender follows certain prescribed rules and commits no further crimes
Release on recognizance
Release from jail based only on the defendant's promise to appear for further court procedures
Presentence investigation (PSI)
Report used during the sentencing process that details the background of a convicted offender, to include criminal, social, education, employment, mental, and physical health, and other significant factors
Mandatory minimum sentences
Requirement that for certain crimes or fro certain types of offenders, there must be a sentence to prison for at least a minimum term Ex: armed robbery
Truth in sentencing
Requires completion of 85% of the sentence before prisoners are eligible for release
Sentencing guidelines
Structured sentences, based on measures of offense severity and criminal history, to determine the length of the term of imprisonment
Supervised pretrial release (SPTR) programs
Supervision of offenders released on their own recognizance, similar to supervision while on probation
Pretrial diversion
Suspension of criminal process while the offender is provided the chance to participate in treatment programs and avoid further criminal activity
Sentencing
The imposition of a criminal sanction by a judicial authority
Bail
The pledge of money or property in exchange for a promise to return for further criminal processing