cjc 111 ch 9 punishment and sentencing

List and contrast the four basic philosophical reasons for sentencing criminals.

(a) Retribution, (b) deterrence, (c) incapacitation, and (d) rehabilitation. Under the principle of retributive justice, the severity of the punishment is proportional to the severity of the crime. Punishment is an end in itself. In contrast, the deterrence approach seeks to prevent future crimes by setting an example. Punishment is based on its deterrent value and not necessarily on the severity of the crime. The incapacitation theory of punishment simply argues that a criminal in prison cannot inflict further harm on society. In contrast, the rehabilitation theory asserts that criminals can be rehabilitated in the appropriate prison environment.

"Good Time"

A reduction in time served by prisoners based on good behavior, conformity to rules, and other positive behavior. (p. 187)

Just Deserts

A sanctioning philosophy based on the assertion that criminal punishment should be proportionate to the severity of the crime. (p. 184)

Sentencing Discrimination

A situation in which the length of a sentence appears to be influenced by a defendant's race, gender, economic status, or other non-relevant factor. (p. 192)

Sentencing Disparity

A situation in which those convicted of similar crimes do not receive similar sentences. (p. 192)

Victim Impact Statement (VIS)

A statement to the sentencing body in which the victim is given the opportunity to describe how the crime has affected her or him. (p. 197)

Departure

A stipulation in sentencing guidelines that allows a judge to adjust his or her sentencing decision based on the special circumstances of a particular case. (p. 195)

Incapacitation

A strategy for preventing crime by detaining wrongdoers in prison, thereby separating them from the community and reducing criminal opportunities. (p. 184)

Restorative Justice

An approach to punishment designed to repair the harm done to the victim and the community by the offender's criminal act. (p. 185)

Presentence Investigative Report

An investigative report on an offender's background that assists a judge in determining the proper sentence. (p. 189)

Aggravating Circumstances

Any circumstances accompanying the commission of a crime that may justify a harsher sentence. (p. 190)

Mitigating Circumstances

Any circumstances accompanying the commission of a crime that may justify a lighter sentence. (p. 190)

Determinate Sentencing

Imposition of a sentence that is fixed by a sentencing authority and cannot be reduced by judges or other corrections officials. (p. 187)

Indeterminate Sentencing

Imposition of a sentence that prescribes a range of years rather than a specified number of years to be served. (p. 187)

Contrast indeterminate with determinate sentencing.

Indeterminate sentencing policies set a minimum and maximum amount of time that an offender must spend in prison. Within these limits, a judge may prescribe a specific term. Determinate sentencing requires the offender to serve a fixed amount of time, although this may be reduced for "good time."

Truth-In-Sentencing Law

Legislative attempts to ensure that convicts will serve approximately the terms to which they were initially sentenced. (p. 187)

Sentencing Guidelines

Legislatively determined guidelines that judges are required to follow when sentencing those convicted of specific crimes. (p. 194)

Describe the goal of mandatory minimum sentencing guidelines and explain why these laws have become unpopular in recent years.

Mandatory minimum sentencing guidelines set fixed punishments for certain crimes. For the most part, these sentences are immune from judicial discretion. For that reason, they are unpopular with judges, who feel the laws do not recognize the individual aspects of each case. The guidelines also are believed to contribute to America's immense prison population and the racial imbalance of those behind bars.

Restitution

Monetary compensation for damages done to the victim by the offender's criminal act. (p. 185)

Explain some of the reasons why sentencing reform has occurred.

One reason for reform is sentencing disparity, a situation in which those convicted of similar crimes receive dissimilar sentences (often due to a particular judge's sentencing philosophy). Sentencing discrimination has also occurred on the basis of defendants' gender, race, or economic standing.

Habitual Offender Laws

Statutes that require lengthy prison sentences for those who are convicted of repeated felonies. (p. 196)

Mandatory (Minimum) Sentencing Guidelines

Statutorily determined punishments that must be applied to those who are convicted of specific crimes. (p. 196)

"Real Offense"

The actual offense committed, as opposed to the charge levied by a prosecutor as the result of a plea bargain. (p. 190)

Identify the two stages that make up the bifurcated process of death penalty sentencing.

The first stage of the bifurcated process requires a jury to find the defendant guilty or not guilty of a crime that is punishable by execution. If the defendant is found guilty, then, in the second stage, the jury reconvenes to decide whether the death sentence is warranted.

Rehabilitation

The philosophy that society is best served when wrongdoers are provided the resources needed to eliminate their criminal behavior. (p. 185)

Retribution

The philosophy that those who commit criminal acts should be punished for breaking society's rules to the extent required by just deserts. (p. 184)

Deterrence

The strategy of preventing crime through the threat of punishment. (p. 184)

Capital Punishment

The use of the death penalty to punish wrongdoers for certain crimes. (p. 198)