Term
What are the purposes of punishment? |
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Definition
Punishment has seven reasons: general deterrence, individual deterrence, incapacitation, retribution, expression of moral outrage, rehabilitation and restitution. Deterrence, incapacitation and retribution are often cited as the major factors in support of punishment |
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Term
How are the values of discretion and fairness reflected in sentencing decisions? |
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Definition
Allocation of punishment is second only to determination of guilt or innocence. Historically, judges were given a wide berth of discretion while still being controlled to some degree |
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Term
What factors influence sentencing decisions? |
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Definition
Things like the severity of the crime can lead to better sentencing decisions but some decisions such as things regarding race and gender can lead to less accurate sentencing |
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Term
What special factors are considered in the sentencing of juviniles? What about repeat sex offenders? |
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Definition
Considerations for juveniles include things like their rehabilitation needs, the recommendations of professionals and other various factors. Sex offenders can be subject to mandatory registration and community notification, involvuntary commitment and extreme sanctions such as castration |
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Term
What are aggravating circumstances? |
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Definition
Aggravating circumstances are conditions that make a criminal act more serious (for example, knowingly creating dangerous situations for others as well as the particular victim) |
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Term
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Definition
Assimilation is the mental process in which an individual internalizes a current perception or conveption into their preexisting representation |
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Term
What is blended sentencing? |
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Definition
Blended sentencing allows judges, when sentencing juveniles tried as adults, to combine sanctions available in juvenile court with those used in criminal court |
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Term
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Definition
Brutalization is the proposition that the use of capital punishment actually increases the crime rate by sending a message that it is acceptable to kill those who have wronged society |
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Term
What is death qualification? |
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Definition
Death qualification is a jury panle that excludes person whose attitudes abotu capital punishment would prevent them from performign their sworn duty as jurors |
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Term
What is declarative knowledge? |
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Definition
Declarative knowledge is jurors understanding of legal concepts |
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Term
What is the dispositional phase? |
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Definition
The dispositional phase is the sentencing phase of the case in which hearings typically combine adversarial procedures and attention to the particular needs (physical, psychological and social) of the child |
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Term
What is focal concerns theory? |
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Definition
Focal concerns theory is a theory that explains the criminal activities of lower-class adolescent gangs as an attempt to achieve the ends that are most valued in their culture through behaviors that appear best suited to obtain those ends |
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Term
What is indeterminate sentencing? |
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Definition
Indeterminate sentencing is a sentencing scheme in which judges impose an indefinite period of incarceration for a given offense and the actual length of stay depends on whether the individual is released on parole or serves the full sentence |
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