Chapter 9: Punishment abd Sentencing

Penitentiaries

State or federal correctional institutions for the incarceration of felony offenders for terms of one year or more.

general deterrence

people will be too afraid to break the law if they believe that they will be caught and punished severely.

specific deterrence

A crime control policy suggesting that punishment should be severe enough to convince convicted offenders never to repeat their criminal activity.

Incapacitation

The policy of keeping dangerous criminals in confinement to eliminate the risk of their repeating their offense in society.

blameworthy

Culpable or guilty of participating in a particular criminal offense.

Just desert

The philosophy of justice asserting that those who violate the rights of others deserve to be punished. The severity of punishment should be commensurate with the seriousness of the crime.

Rehabilitation

The strategy of applying proper treatment so that an offender will present no further threat to society.

Equity

The action or practice of awarding each person what is due him or her; sanctions based on equity seek to compensate individual victims and society in general for their losses due to crime.

Indeterminate sentences

Terms of incarceration with a stated minimum and maximum length, such as a sentence to prison for a period of 3 to 10 years. The prisoner would be eligible for parole after the minimum sentence has been served. Based on the belief that sentences should fit the crime, indeterminate sentences allow individualized sentences and provide for sentencing flexibility. Judges can set a high minimum to override the purpose of the indeterminate sentence.

determinate sentences

Fixed terms of incarceration, such as three years' imprisonment. Many people consider determinate sentences too restrictive for rehabilitative purposes; the advantage is that offenders know how much time they have to serve—that is, when they will be released.

sentencing guidelines

A set of standards that define parameters for trial judges to follow in their sentencing decisions.

mandatory sentence

A statutory requirement that a certain penalty shall be set and carried out in all cases upon conviction for a specified offense or series of offenses.

Concurrent sentences

Prison sentences for two or more criminal acts, served simultaneously and run together.

Consecutive sentences

A prison sentence for two or more criminal acts, served one after the other.

chivalry hypothesis

The view that the low rates of female crime and delinquency are a reflection of the leniency with which police and judges treat female offenders.

victim impact statement

A postconviction statement by the victim of a crime that may be used to guide sentencing decisions.

brutalization effect

An outcome of capital punishment that enhances, rather than deters, the level of violence in society. The death penalty reinforces the view that violence is an appropriate response to provocation.