CRIMINAL JUSTICE SYSTEM EXAM 3 STUDY

What is sentencing? - The imposition of a criminal sanction by a judicial authority Retribution - the act of taking revenge on a criminal perpetrator, eye for an eye Just deserts - Criminal offenders deserve the punishment they receive at the hands of the law and that the punishment should be appropriate to the type and severity of the crime committed Incapacitation - The use of imprisonment or other means to reduce the likelihood that an offender will commit future offenses. Protect us Deterrence - the inhibition of criminal behavior by fear especially of punishment Recidivism - relapsing into a problem or criminal behavior during or after receiving sanctions Rehabilitation - the attempt to reform a criminal offender. Prepare offenders to succeed when they get out. Fix offender Restoration - attempts to make the victim "whole" again Indeterminate sentencing - a model of criminal punishment that encourages rehabilitation through the use of general and relatively unspecific sentences Criticisms - allows the judge too much discretion Extralegal - outside the law Dishonesty in Sentencing - offenders serve far less (many less than 50%) of the original sentence Good time - Reduce time served with good behavior Gain time - reduce time served for participation in projects and programs Determinate sentencing - an offender is given a fixed term of imprisonment -can be reduced by good or gain time Voluntary/advising sentencing guidelines - recommended sentencing policies that are not required by law Presumptive sentencing - mandatory sentencing guidelines Aggravating circumstances - more severe add 12 months Mitigating circumstances - less severe, -12 months Three Strikes Law - 25 years to life for a third felony with convictions for two or more serious or violent prior offenses. It doesn’t work Mandatory sentencing - A structured sentencing scheme that allows no leeway in the nature of the sentence required and under which clearly enumerated punishments are mandated for specific offenses or for habitual offenders convicted of a series of crimes. Presentence investigation - The examination of a convicted offender's background prior to sentencing. Written by a parole officer What is included in presentence investigation - a detailed written report of the defendant's personal and criminal history An abbreviated written report summarizing the information most likely to be useful in a sentencing decision A verbal report to the court made by the investigating officer based on field notes Often concludes with sentencing recommendations of the individual who wrote the report.