Ch 11

Consecutive

Finish one and do the other sentencing follow one or another

General Deterrence

"Sends a message" to people thinking about committing crime that "crime doesn't pay."

Mandatory Minimum Furthers Fundamental Principles of Criminal Justice Punishment

1.) Equality: similar offenses receive similar sentences. 2.) Certainty: offenders and the public know that offenders will really do the minimum prison time the statute prescribes. 3.) Just Deserts: violent and drug offenders, habitual criminals, and criminals who use guns to commit crimes deserve long mandatory prison term. 4.) Deterrence: Mandatory prison sentence deter crime by sending a strong message. 5.) Incapacitation: mandatory prison terms protect public safety.

Rehabilitation

Aims to change criminals into people who "work hard and play by the rules."

Restoration

Aims to to heal victims and restore relationships.

Culpability

Assumes offenders are responsible for their actions and have to suffer the consequences if they act irresponsibly.

Restorative Justice in Clark County Juvenille

Based on the humane idea that crime injures not just the victims but offenders, families, and friends. The injury has to be healed for everyone. Two dogs visiting the Clark County Juvenile Justice Center.

History of Mandatory Minimum

Have an on and off history in the U.S. In 1956, Congress enacted a mandatory minimum drug law to make sure that drug related offenses will be punished, 5 years in prison for a first time heroin sale. Law repealed in 1970 because it concluded that increased sentence lengths did not show reduction in drug law violations. Repeal didn't last long, 46 countries enacted mandatory minimums mostly aimed at drug and weapon offenses.

Determinate Sentencing

Legislatures attach specific punishments to crimes.

Indeterminate Sentencing

Legislatures set only the outer limits of possible penalties, and judges and corrections professionals decide actual sentence lengths. New York enacted the first indeterminate sentencing law in 1878.

Mandatory Minimum Sentence Laws

Offenders have to spend at least some time (the mandatory minimum laid out by the law) in prison. Judges can't suspend the minimum and can't substitute probation for it. Minimum must be served.

Restitution

Offenders pay back victims in money for losses they caused.

Retribution

Punishes criminals for past crimes because they deserve it.

Prevention

Punishes criminals to deter future crimes.

Concurrent

Serve both sentencing at the same time.

Special Deterrence

Teaches convicted criminals that "crime doesn't pay."

Fixed Sentences

Two types: 1.) Mandatory minimum sentences. 2.) sentencing guidelines based on the severity of the crime and the criminal history of the offender.

Incapcitation

confines criminals so they can't commit crimes while locked up.