introduction to corrections: chapter three (sentencing)

sentencing

the judicial determination of punishment for a convicted defendant

suspended sentence

a conditional sentence that allows a convicted defendant, sentenced to incarceration, to remain in the community if they comply with a set of mandated conditions; incarceration may take effect only if the convicted defendant violates one or more of the conditions

split sentence/shock probation

divide the punishment into tow phases, the first being a jail term and the second being a probation term

combined sentence

judges may establish a probation sentence as a foundation upon which one or more of the following sentencing options may be built: community service, fines, restitution, mandatory participation in a therapeutic program

prosecutor

prepares a sentencing memorandum that recommends a sentence based on the (nature of) the crime, the convicted defendant’s criminal history, the convicted defendant’s degree of remorse, the plight of the victim(s), and any mitigating and/or aggravating factors

mitigating factor

a circumstance that has the effect of lessening a criminal sentence

aggravating factor

a circumstance that has the effect of increasing a criminal sentence

defense counsel

prepares a sentencing statement that recommends, in the most favorable light, a sentence based on the convicted defendant’s crime, their criminal history, their degree of remorse, and any mitigating and/or aggravating factors

probation department

following a defendant’s conviction, the sentencing judge normally orders the probation department to conduct a pre-sentence investigation

pre-sentence investigation

performed by a probation officer and involves the following: interviewing the defendant, the defendant’s significant other (parents for juveniles) and additional defendant contacts; verifying the defendant’s criminal history and information gathered from the defendant interview, interviewing the victims and the prosecutor/arresting officer (if needed); performing defendant risk assessments

risk assessment

a tool used to assess and measure criminogenic factors, characteristics correlated with criminal behavior, that contribute to offender recidivism

indeterminate sentence

a range of time to be served, by the convicted defendants, in a penal institution or on probation; judicial discretion and parole support are maximized under this scheme

parole

conditional release from incarceration wherein the released inmate serves any remaining sentence time in the community

judicial discretion

the degree of freedom a judge may exercise in making sentencing and other judicial decisions

determinate sentence

a precise (fixed) correctional term established by legislative statute; judicial discretion is minimized under this scheme

sentencing guidelines

minimum and maximum terms for criminal offenses established by a sentencing commission, a professional body tasked with establishing sentencing options for a particular jurisdiction

retributive justice

theorizes that the role of criminal justice is to punish rather than rehabilitate; punishment is presumed to satisfy basic human instincts to exact a price from lawbreakers

deterrence

theorizes that the goal of punishment should be prevention (Beccaria); theory assumes that persons are rational beings who calculate the costs and benefits of criminal misconduct

incapacitation

the principle objective is to remove offenders from the social order to prevent them from victimizing additional members of the community; theory assumes that a small number of offenders commit a vast majority of serious crime and isolating this group eliminates a subtracts percentage of overall

rehabilitation

the core idea is that correctional systems can engage prisoners in constructive activities that will transform (fix) them into productive, law-abiding citizens

restorative justice

an approach for repairing the harm caused by crime via cooperative modalities between offenders, victims, and the community; theory asserts that justice is best served when offenders are confronted by community peers and agree to provide restitution

restitution

making victims and/or the community whole by paying money or rendering service to the victim or the victim in the community

reintegrative shaming

public condemnation utilized to change offender behavior and strengthen the social order

decriminalization

the process of reducing or abolishing criminal penalties related to a certain activity or behavior

diversion

programming designed to enable offenders to avoid, criminal charges, incarceration and/or a criminal record

specialty courts

focus on one type of offense or offender; a team, led by judge works collaboratively to achieve two goals

case management

to expedite case processing

therapeutic jurisprudence

an approach to reduce criminal offending through therapeutic and interdisciplinary approaches that address addiction and other underlying issues without jeopardizing public safety and due process