Chapter 2 - Sentencing and the Correctional Process: Exam 1

Sentencing

The imposition of a criminal sanction by a judicial authority

What is the pretrial process?

The steps in the legal process prior to trial which encompasses pretrial detention, whether an offender is eligible for bail or other supervision alternatives, whether the offender is eligible for diversion from the criminal justice system, and legal representation

What are the 3 levels of severity of a crime?

Felony, misdemeanor, and summary

What is the highest level of severity of a crime?

Felony

What is the second lowest level of severity of a crime?

Misdemeanor

What is the lowest level of severity of a crime?

Summary

How long is the possible incarceration for a felony?

More than one year

How long is the possible incarceration for a misdemeanor?

Less than a year

How long is the possible incarceration for a summary?

Up to 90 Days

What are the potential sanctions for a felony?

More severe sanctions

What are the potential sanctions for a misdemeanor?

Often involve community-based sanctions

What are the potential sanctions for a summary?

Includes fines, costs, or restitution

What are the 3 arrest or summons options?

Preventive detention, R.O.R, and bail

Preventive Detention

Detaining the accused person in jail to protect the community against crimes that a person may commit or for flight risk

What are the two reasons you might want to choose preventive detention?

Protection of the community and ensure that person will be available for trial

R.O.R Meaning

Release on your own recognizance

R.O.R

The accused must promise to appear in court

What happens if a person does not appear at next court hearing in an R.O.R

Offender must pay the listed amount, but no money is required to be posted

Bail

The amount of money the accused must post to guarantee his/her appearance in court

What are the types of bail someone is required to pay?

In cash or the offender ma be able to use a bondsman

What will the district justice look at to determine bail?

Severity of the crime, prior criminal history, ties to the community, and flight risk

Diversion

To divert somebody from being put in jail

What are some reasons for diversion?

Cost and overcrowding

How can some be diverted?

Minor offenses and those with no prior criminal history

What are some alternatives to jailtime?

Fines, costs, restitution, programs, MH Court, probation, probation without verdict (PWV), and accelerated rehabilitative disposition (ARD) if no formal record

Summons

An order to report for court proceedings (preliminary hearing) which required no bond

Why would someone be summoned?

Minor violations or summary offenses

Pretrial Diversion

The suspension of the criminal process while accused is provided a chance to participate in treatment programs such as ARD or PWV

If people successfully complete their treatment programs, what do they get?

No formal record

What are alternatives to bail?

Personal recognizance, unsecured bond, percentage bond, third party custody, collateral, and surety bond

When was the Manhattan Bail Project?

1960’s

What was the purpose of the Manhattan Bail Project?

To help judges identify individuals who were suitable candidates to be released pretrial

What was the Manhattan Bail Project used to address?

Overcrowding

What did the Manhattan Bail Project create?

Criteria to score offenders and recommend who to release along with the biggest factor of whether or not people are going to show up for trial such as strong community ties and employment

What were the alternative options for the Manhattan Bail Project?

R.O.R, Bail (Cash or Surety), pretrial detention, and supervised pretrial release for high-risk offenders

Supervised Pretrial Release

Community supervision PRIOR to trial which offenders must follow specific conditions, report to pretrial services officer, and return for violation of conditions

Plea Bargaining

Plea of guilty in exchange for a reduced sentence

How many cases are plea bargained?

90%

What does plea bargaining save?

Time and cost of prosecution

Upon a guilty plea, what does the court move directly to?

Sentencing

Who completes pre-sentencing investigations?

A probation officer or presentence officer

When are pre-sentencing investigations used?

Felony cases that allow the possibility of parole

What does a pre-sentencing investigation contain?

Information to assist judges in the sentencing process

What does a pre-sentencing investigation provide?

Details of defendant’s background, offender risk and chance of success, and sentencing range

What are some sentencing options for judges?

Economic sanctions, probation, intermediate sanctions, short-term confinement (“shock” time), imprisonment, and capital punishment (death sentence)

Indeterminate Sentencing

Sentences with a minimum and maximum time to serve

Who determines the actual amount of time served in indeterminate sentencing?

A release authority such as a parole board

Determinate Sentencing

Sentences with a “fixed term”

Which types of sentencing, indeterminate or determinate, allows the defendant to still be entitled to earn “good time?”

Determinate

How many states have determinate sentencing?

13

Concurrent Sentences

Serving two sentences at the same time

Consecutive Sentences

Serving one sentence right after another

What does the Truth in Sentencing Statutes mandate?

Determinate sentencing

In the Truth in Sentencing Statutes, how much of a person’s sentence must they complete before being eligible for release?

85%

What would happen if states adopted the Truth in Sentencing (TIS) Statutes?

They would receive federal funding to build new prisons

Why was the Truth in Sentencing Statutes used?

To get states to adopt the determinate sentencing method

Mandatory Minimum Sentences

Sentences which give judges less discretion by mandating a minimum sentence for a particular crime

Three Strikes Laws

These laws require a judge to impose a particular sentence once a criminal is convicted of three felonies

Presumptive Sentencing

Predetermined range or a minimum, average, and maximum term for a specific crime with limited ranges of discretion and has allowances for mitigating and aggravating circumstances

Sentencing Guidelines

Structured sentences that take into account the severity of the crime and the offender’s prior criminal history