Chapter 2
Purposes of the presentence investigation (5):
1. For use in sentencing by the court. 2. For use in determining supervision needs during probation. 3. For use by prison officials in classifying offenders and determining program needs. 4. For use by the parole board in making release decisions. 5. For research purposes.
Personal recognizance, Unsecured bond, Percentage bond, Surety bond, Collateral, Third-party custody.
Alternative bail options used by the U.S. courts (6):
Third-party custody
The court may place the person in the custody of another person or organization.
Unsecured bond
The defendant is released on an unsecured appearance bond with a monetary amount that is secured only by the signature of the defendant.
Personal recognizance
The defendant is released upon personal or own recognizance (promise to appear in court) without an appearance bond.
Surety bond
The defendant is required to execute a bail bond by the deposit of cash or the posting of a bail bond.
Percentage bond
The defendant is required to execute an appearance bond in a specific amount with the clerk of the court, in cash or other security as directed by the judicial officer.
Collateral
The defendant is required to execute the bail bond by posting property of a value equal to or greater than the bail set by the judicial officer.
misdemeanor
a crime that is punishable by less than one year of incarceration.
felony
a crime that is punishable by one year or more of incarceration.
three-strike laws
a legislative mandate that judges sentence third-time felons to extremely long or life prison sentences.
surety
a person who is legally liable for the conduct of another; someone who guarantees the accused person's appearance in court.
presumptive sentencing
a predetermined range of a minimum, average, and maximum term for a specific crime for a "typical" offender, with allowances for mitigating and aggravating circumstances to be considered.
probation
a prison sentence that is suspended on the condition that the offender follow certain prescribed rules and commit no further crimes.
presentence investigation (PSI)
a report used during the sentencing process that details the background of a convicted offender, including criminal, social, education, employment, mental and physical health, and other significant factors.
economic sanction
a requirement that an offender pay a fine or restitution to the victim as a part of his or her sentence.
community service
a requirement that an offender provide his or her personal time to do some public good.
mandatory minimum sentences
a requirement that for certain crimes or for certain types of offenders there must be a sentence to prison for at least a minimum term.
good time
a reward that affords inmates the opportunity to reduce the time until their eligibility for release by good behavior in prison.
short-term confinement
a sentence in a jail for one year or less.
imprisonment
a sentence in a prison for one year or more (long-term).
judicial form of sentencing
a sentencing model judges have primary discretion in creating the sentence.
truth in sentencing
a sentencing model that requires completion of 85 percent of the sentence before prisoners are eligible for release.
sentencing guidelines
a system of structured sentences, based on measures of offense severity and criminal history, that is used to determine the length of the term of imprisonment.
plea bargaining
an agreement in which the defendant enters a guilty plea 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.
preventive detention
detaining an accused person in jail to protect the community from the crimes the person is likely to commit if set free pending trial.
sentencing
imposition of a criminal sanction by a judicial authority.
intermediate sanctions
midrange dispositions that fall between probation and imprisonment.
capital punishment
punishment for the most serious crimes (generally first-degree murder); most states and the federal government provide for the death penalty.
release on recognizance (ROR)
release from jail based only on the defendant's promise to appear for further court procedures.
determinate sentences
sentences of fixed terms. (ex. five years)
indeterminate sentences
sentences that have a minimum and maximum time to be served; a decision by a release authority determines the actual time served within that range. (ex. two to five years or ten to twenty years).
concurrent sentences
sentences that run at the same time.
consecutive sentences
sentences that run one after the other.
bail
the pledge of money or property in exchange for a promise to return for further criminal processing.
pretrial diversion
the suspension of criminal process while the offender is provided the chance to participate in treatment programs and avoid further criminal activity.
