retribution
punishment inflicted on a person who has infringed on the rights of others and so deserves to be penalized. The severity of the sanction should fit the seriousness of the crime.
general deterrence
punishment of criminals that is intended to be an example to the general public and to discourage the commission of offenses by others.
main conclusion: act is not worth it
specific deterrence (special or individual deterrence)
punishment inflicted on criminals to discourage them from committing future crimes
incapactitation
depriving an offender of the ability to commit crimes against society, usually by detaining the offender in prison
selective incapacitation
making the best use of expensive and limited prison space by targeting for incarceration those offenders whose incapacity will do the most to reduce crime in socity
rehabilitation
the goal of storing a convicted offender to a constructive place in society through some form of vocational or educational training or therapy
-prisoner treated not punished
restorative justice
punishment designed to repair the damage done to the victim and community by an offenders criminal act
indeterminate sentences
a period of incarceration with minimum and maximum terms stipulated so that parole eligibility depends on the time necessary for treatment, it is closely associated with the rehabilitation concept
-treatment was the goal
determinate sentence
a fixed period of incarceration imposed by a court, it is associated with the concept of retribution or deserved punishment
presumptive sentence
a sentence for which the legislature or a commission sets a minimum and maximum range of months or years. Judges are to fix the length of the sentence within that range, allowing for special circumsatnces
mandatory sentence
a sentence stipulating that some minimum period of incarceration must be served by people convicted of selected crimes, regardless of back ground or circumstances
example is 3 strike laws and career criminals
good time
an reduction of an inmates prison sentence, at the discretion of the prison administrator, for good behavior or for participation in vocational, educational and treatment programs
intermediate sanctions
a variety of punishments that are more restrictive than traditional probation but less severe and costly than incarceration
probation
a sentence allowing the offender to serve the sanctions imposed by the court while he or she lives in the community under supervison
-most commonly used sanction
shock probation
a sentence by which the offender is released after a short incarceration and re-sentenced to probation
fine
money paid to the state by offender
restitution
money paid to the victim by offender
forfeiture
seizure by the state of property either illegally obtained or acquired with resources illegally obtained
community service
requires offender to perform work for the community
home confinement
requires offender to stay in home during certain times
intensive probation
requires strict frequent reporting to probation officer
boot camp/shock probation
short term institutional sentence emphasizing physical development and discipline, followed by probation
death
execution
presentence report
report prepared by a probation officer, who investigates a convicted offenders background to help the judge select an appropriate sentence
sentencing guidelines
an instrument developed for judges that indicates the usual sanctions given previously for particular offenses
sentencing disparity
divergence in the lengths and types of sentences imposed for the sane crime or for crimes of comparable seriousness when no reasonable justification can be discerned
wrongful conviction
occurs when an innocent person is found guilty by either plea or verdict
punishment
-an offense
-the inflicton of pain because of the commission of the offense
-the dominant purpose is to prevent further offenses or to inflict the deserved pain on the offender
talion
means retaliation authorized by law
rehabilitation is the most what...
appealing of modern sanctions
Incareration
the most visible one in the U.S.
-has three sentencing modes
--indeterminate
determinate
mandatory
death penalty stopped from?
1968-1976 because of the 8th amendment then resumed in 1977
Death penalty occurs
over 1/2 in the South
California has the...
largest number of executions
Not more than 98 _____________ per year happen
executions
misdemeanor court
imposes sentences less than 1 year, for traffic and lesser crimes, these courts hear about 90% of cases
Felony courts
more serious crimes, more formal proceedings, most cases result in plea agreements about 90%
Judicial decision factors
blameworthiness, protection of community, practicality of sentence
blameworthiness
severity of crime, criminal history, role in crime
protection of community
incapacitation and deterrence
practicality of sentence
other factors which affect decision (juvenile)
unjust punishment
occurs with sentencing disparity and wrongful convictions