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Aggravating Circumstances |
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Circumstances relating to the commission of a crime that make it more grave than the average instance of that crime. |
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The use of court-ordered community service, home detention, day reporting, drug treatment, psychological counseling, victim-offender programming, or intensive supervision in lieu of other, more traditional sanctions, such as imprisonment & fines. |
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A criminal offense punishable by death. |
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The death penalty. Capital punishment is the most extreme of all sentencing options. |
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A model of criminal punishment in which an offender is given a fixed term of imprisonment that may be reduced by good time or gain time. Under the model, for example, all offenders convicted of the same degree of burglary would be sentenced to the same length of time behind bars. |
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A goal of criminal sentencing that seeks to inhibit criminal behavior through the fear of punishment. |
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The official suspension of criminal or juvenile proceedings against an alleged offender at any point after a recorded justice system intake, but before the entering of a judgment, & referral of that person to a treatment or care program administered by a nonjustice or private agency. Also, release without referral. |
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A sentencing principle, based on concerns with social equality, that holds that similar crimes should be punished with the same degree of severity, regardless of their social or personal characteristics of the offenders. |
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The amount of time deducted from time to be served in prison on a given sentence as a consequence of participation in special projects or programs. |
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A goal of criminal sentencing that seeks to prevent others from committing crimes similar to the one for which a particular offender is being sentenced by making an example of the person sentenced. |
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The amount of time deducted from time to be served in prison on a given sentence as a consequence of good behavior. |
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The use of imprisonment or other means to reduce the likelihood that an offender will commit future offenses. |
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A model of criminal punishment that encourages rehabilitation through the use of general & relatively unspecific sentences (such as a term of imprisonment from one to ten years. |
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A model of criminal sentencing that holds that criminal offenders deserve the punishment they receive at the hands of the law & that punishments should be appropriate to the type & severity of the crime committed. |
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A structured sentencing scheme that allows no leeway in the nature of the sentence required & under which clearly enumerated punishments are mandated for specific offenses or for habitual offenders convicted of a series of crimes. |
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Circumstances relating to the commission of a crime that may be considered to reduce the blameworthiness of the defendant. |
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Presentence Investigation (PSI) |
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The examination of a convicted offender's background prior to sentencing. Presentence examinations are generally conducted by probation or parole officers & are submitted to sentencing authorities. |
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A model of criminal punishment that meets the following conditions: (1) The appropriate sentence for an offender of a specific charge is presumed to fall within a range of sentences authorized by sentencing guidelines that are adopted by a legislatively created sentencing body, usually a sentencing commission. (2) Sentencing judges are expected to sentence within the range or provide written justification for failing to do so. (3) There is a mechanism for review, usually appellate, of any departure from the guidelines. |
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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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The attempt to reform a criminal offender. Also, the state in which a reformed offender is said to be. |
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A goal of criminal sentencing that attempts to make the victim "whole again." |
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A sentencing model that builds on restitution & community participation in an attempt to make the victim "whole again." |
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The act of taking revenge on a criminal perpetrator. |
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The imposition of a criminal sanction by a judicial authority. |
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A sentencing principle that holds that an offender's criminal history should objectively be taken into account in sentencing decisions. |
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A goal of criminal sentencing that seeks to prevent a particular offender from engaging in repeat criminality. |
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A model of criminal punishment that includes determinate & commission-created presumptive sentencing schemes, as well as voluntary/advisory sentencing guidelines. |
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A close correspondence between the sentence imposed on an offender & the time actually served in prison. |
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The in-court use of victim or survivor supplied information by sentencing authorities seeking to make an informed sentencing decision. |
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Voluntary/Advisory Sentencing Guidelines |
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Recommended sentencing policies that are not required by law. |
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A writ that directs the person detaining a prisoner to bring him or her before a judicial officer to determine the lawfulness of the imprisonment. |
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