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Definition
| a punitive penalty ordered by the court after a defendant has been convicted of a crime either by a jury, a judge, or in a plea bargain |
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| a moral concept about just or fair treatment consisting of "treating equals equally & unequals unequally according to relevant differences" |
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| a prison sentence consisting of a range of years to be determined by the convict's behavior, rather than one of a fixed number of years |
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Definition
| laws that require there be a truthful, realistic connection between the sentences imposed on offenders & the time they actually serve |
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Definition
| a prison sentence of a fixed number of years that must be served rather than a range |
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Definition
| a prison sentence imposed for crimes for which probation is not an option, where the minimum time to be served is set by law |
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Definition
| two separate sentences are served at the same time |
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Definition
| two or more sentences that must be served sequentially |
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Term
| habitual offender statutes |
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Definition
| statutes mandating that offenders with a third felony conviction be sentenced to life imprisonment regardless of the nature of the third felony |
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| life without parole (LWOP) |
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Definition
| a life sentence with the additional condition that the person never be allowed parole |
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Definition
| a type of sentence aimed at shocking offenders into going straight by exposing them to the reality of prison life for a short period followed by probation |
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Definition
| sentences that require convicted persons to serve brief periods of confinement in a county jail prior to probation placement |
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Definition
| a statement made by persons directly affected by a crime (or victims' survivors in the case of murder) to inform the court of the personal & emotional harm they have suffered as a result of the defendant's actions and, in some states, to make a sentencing recommendation |
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Definition
| alternatives to traditional criminal courts that cannot adequately address the problems of offenders with special needs & other issues such as alcoholism or mental health problems |
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Term
| 7 characteristics of problem-solving courts according to the Bureau of Justice Statistics |
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Definition
1. focus on outcome
2. system change
3. judicial involvement
4. collaboration
5. non-traditional roles
6. screening & assessment
7. early identifications of potential candidates |
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Term
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Definition
| a special sentence for drug-related nonviolent offenders who must then complete an extensive drug treatment problem |
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Term
| 10-component model provided by the US Department of Justice for state & county agencies implementing their drug court systems |
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Definition
1. drug courts integrate alcohol & other drug treatment services with justice system case processing
2. using a non-adversarial approach, prosecution, & defense counsel promote public safety while protecting participants' due process rights
3. eligible participants are identified early & promptly placed in the drug court program
4. drug courts provide access to a continuum of alcohol, drug, & other related treatment & rehabilitation services
5. abstinence is monitored by frequent alcohol & other drug testing
6. a coordinated strategy governs drug court participants' compliance
7. ongoing judicial interaction with each drug court participant is essential
8. monitoring & evaluation measure the achievement of program goals & gauge effectiveness
9. continuing interdisciplinary education promotes effective drug court planning, implementation, & operations
10. forging partnerships among drug courts, public agencies, & community-based organizations generates local support & enhances drug court effectiveness |
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Term
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Definition
| wide variation in sentences received by different offenders that may be legitimate or discriminatory |
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Term
| Fair Sentencing Act of 2010 |
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Definition
| the act mandated that the amount of crack cocaine subject to the 5-year minimum sentence to be increased from 5 grams to 28 grams, thus reducing the 100-to-1 ratio to an 18-to-1 ratio (28 grams of crack gets as much time as 500 grams of powder cocaine) |
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Term
| presentence investigation report (PSI) |
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Definition
| report written by the probation officer informing the judge of various aspects of the offense for which the defendant is being sentenced as well as providing information about the defendant's background (educational, family, & employment history), character, & criminal history |
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Term
| United States Sentencing Commission |
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Definition
| a commission charged with creating mandatory sentencing guidelines to control judicial discretion |
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Term
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Definition
| scales for numerically computing sentences that offenders should receive based on the crime they committed & on their criminal records |
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Term
| 6 outcomes of sentencing guidelines |
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Definition
1. a reduction in sentencing disparity
2. more uniform & consistent sentencing
3. a more open & understandable sentencing process
4. decreased punishment for certain categories of offenses & offenders & increased punishment for others
5. aid in prioritizing & allocating correctional resources
6. provision of a rational basis for sentencing & increased judicial accountability |
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