Term
| What is sentencing disparity? |
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Definition
| refers to an inequality in criminal sentencing which is the result of unfair or unexplained causes, rather than a legitimate use of discretion in the application of the law. |
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| The post-conviction stage of the criminal justice process, in which the defendant is brought before the court for the imposition of a penalty. |
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- some people deserve to die for what they did
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Term
| Who normally makes the sentencing decision? |
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Term
| What is the number of people on probation compared to prison and jail populations; more or less? |
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Term
| What does a probation revocation process consist of? Name the three part process? |
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Definition
- A judge at the hearing will consider reports from the probation officer, and if probation is revoked, the probationer will often be incarcerated in jail or prison. However, the term of incarceration might be reduced from the original potential sentence for the alleged crime(s).
- Revocation Process
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Term
| Do high rates of incarceration have a disproportionate impact on minority groups? Yes or No |
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Definition
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Term
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a state or federal confinement facility that has custodial authority over adults sentenced to confinement. Incarceration rates increase each year. |
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Term
| What is the incarceration rate per 100,000 for state and federal prisoners sentenced to more than a year? |
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Term
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a call for punishment based on a perceived need for revenge or vengeance. |
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a sentencing principle that holds that the severity of sanctions should bear a direct relationship to the seriousness of the crime committed. |
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seeks to protect innocent members of society from offenders who might harm them if not prevented to do so. The use of imprisonment or other means to reduce the likelihood that an offender will be capable of committing future offenses. |
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the philosophy that society is best served when wrongdoers are provided the resources needed to eliminate criminality from their behavioral pattern rather than simply being punished. |
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a goal of criminal sentencing that seeks to inhibit criminal behavior through fear of punishment. |
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require offenders to serve a substantial portion of time of their prison sentences behind bars |
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Term
| Who compiles the presentence investigation report? |
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Definition
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an investigative report on an offender’s background that assists a judge in determining the proper sentence. (done by probation office) |
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Term
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Definition
| was a landmark decision in which the Supreme Court of the United States held that it is unconstitutional to impose capital punishment for crimes committed while under the age of 18 |
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| a case in which the Supreme Court of the United States ruled 6-3 that executing mentally retarded individuals violates the Eighth Amendment's ban on cruel and unusual punishments, but states can define who is mentally retarded |
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Term
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| the Supreme Court ruled that the probation officer-client relationship is not confidential, as physician patient or attorney-client relationships are. If a probationer admits to committing a crime to his or her probation supervision, the information can be passed on to the police or district attorney. The Murphy decision held that a probation officer could even use trickery or psychological pressure to get information and turn it over to the police. |
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| He was sentenced to two years probation on the condition that he spend 30 days in jail and the sentence be deferred. Four months later, the Spokane County prosecutor moved to have the petitioner’s probation revoked on the grounds that he had been involved in a burglary during his probation. At the subsequent hearing, petitioner was unrepresented by counsel. He admitted to the burglary, which was confirmed by his probation officer. The petitioner’s probation was revoked. |
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Term
| What is meant by mitigating circumstances? |
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Definition
| in criminal law, conditions or happenings which do not excuse or justify criminal conduct, but are considered out of mercy or fairness in deciding the degree of the offense the prosecutor charges or influencing reduction of the penalty upon conviction. |
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Term
| Understand the Three Strike Law |
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Definition
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three strikes laws provide lengthy terms for any person convicted of three felony offenses |
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Term
| What is the most common method of carrying out the death sentence in the US? |
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Term
| Who establishes the conditions of probation? |
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Definition
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Term
| Understand indeterminate sentencing |
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Definition
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the belief that convicted offenders are more likely to participate in their own rehabilitation if participation will reduce the amount of time they have to spend in prison |
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Term
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Definition
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a criminal sanction in which a convict is allowed to remain in the community rather than be imprisoned as long as she or he follows certain conditions set by the court. Probation is a court ordered sanction. |
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Term
| What is meant by home incarceration? |
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Definition
| a measure by which a person is confined by the authorities to a certain residence. Travel is usually restricted, if allowed at all. House arrest is a lenient alternative to prison time or juvenile-detention time. |
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Term
| What is meant by Technical Violation? |
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Definition
| A person who is on probation and commits a non-violent crime instead of being charged with a new crime they are in a technical violation of their probation. They then go to jail for the violation. |
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Term
| What is meant by "good time"? |
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Definition
| Good time occurs when a prisoner behaves well in prison and their sentence gets reduced. |
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Term
| What is meant by caseload? |
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Definition
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number of clients a probation officer is responsible for. |
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Term
| What is meant by Forfeiture? |
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Definition
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a process by which the government seizes property gained from or used in criminal activity.
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Term
| What is meant by Lockdown? |
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Definition
| the confining of prisoners to their cells, typically after an escape or to regain control during a riot. |
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Term
| What is meant by Supermax Syndrome? |
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Definition
| A released rehabilitated offender makes his way back to society he still has habits to like like he is in a super max with death paranoia, lack of motivation to leave the house. Ability to be satisfied with doing nothing all day or satisfied with easily amusing tasks |
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Term
| What is meant by selective incapacitation? |
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Definition
| involves using imprisonment or any other form of confinement of criminal offenders from the noncriminal members of society. Perpetrators of similar crimes are not necessarily given similar treatment. |
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Term
| What is meant by Classification systems? |
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Definition
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a system used by prison admin to assign inmates to custody levels based on offense history, and dangerousness. |
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Term
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Definition
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a confinement facility administered by an agency of local government, typically a law enforcement agency, intended for adults by sometimes also containing juveniles, which holds people detained pending adjudication or committed after adjudication, usually those sentenced to a year or less. Locally operated, short term confinement facilities. |
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Term
| What is a direct supervision jail? |
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Definition
| The direct supervision philosophy has officers stationed within the living area with no physical barriers to separate them from inmates. |
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Term
| About _____ percent of jail inmates in the U.S. are male. |
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Definition
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Term
| Which populations may be held in a jail? |
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Definition
- Prison capacity: the size of the correctional population an institution can effectively hold
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Term
| Specialized caseload programs have been designed for? |
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Definition
| provide specialized supervision for high-risk offenders. |
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Term
| What is a minimum security prison? |
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Definition
| designed for prisoners regarded as being less dangerous; having fewer restrictions. |
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Term
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Definition
| a person responsible for the supervision of a prison for ensuring that regulations associated with it are obeyed. |
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Term
| What is meant by "time served"? |
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Definition
| describes a sentence where the defendant is credited immediately after the guilty verdict with the time spent in remand awaiting trial. The time is usually subtracted from the sentence, with only the balance being served after the verdict. |
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Term
| What is meant by "Victim Impact Statement"? |
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Definition
| a written or oral statement made as part of the judicial legal process, which allows crime victims the opportunity to speak during the sentencing of their attacker or at subsequent parole hearings |
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Term
| What is meant by "legislatively determined guidelines"? |
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Definition
| judge's sentencing guidelines are required to follow when sentencing those convicted of specific crimes (discretion are allowed in certain circumstances) |
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