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