Exam 3

Criminal Courts: Chapter 9

Career criminal

______ are offenders who make their living through crime; usually, offenses occur over the lifetime of the offender

Sentencing guidelines

______ are a body of persons either appointed by governors or others or elected, which determines whether those currently incarcerated in prisons should be granted parole or early release

3-strikes-and-you're-out

______ legislation designed to prevent offenders from becoming recidivists; provides that persons who commit three or more serious felonies are in jeopardy of being incarcerated for life terms

Habitual offender

____ are persons who have been convicted of two or more felonies and may be sentenced under this status for an aggravated or longer prison term

Reintegration

The _______ punishment philosophy promotes programs that lead offenders back into their communities. reintegrative programs include furloughs, work release, and halfway houses

Chronic recidivists

_____ are persons who continue to commit new crimes after being convicted of former offenses

Incapacitation isolation

The ____ philosophy of corrections espousing loss of freedom proportional to the seriousness of the offense. Belief that the function of punishment is to separate offenders from other society members and prevent them from committing additional criminal acts

Victim-offender mediation model

A meeting between a criminal and a person suffering loss or injury from a criminal whereby a third-party arbiter, such as a judge, attorney, or other neutral party decides what is best for all parties. All parties must agree to the decision of the third-party arbiter

True

T/F: Rehabilitation is also referred to as medical or treatment model because it aims to cure

True

T/F: Indeterminate sentencing has been criticized on the basis of race or socioeconomic status

Indeterminate sentencing

sentencing scheme in which a period is set by judges between the earliest date for a parole decision and the latest date for completion of the sentence

True

T/F: many mandated sentences are primarily symbolic acts by the legislature to show the public they are concerned

Flat term

a specific definite term for a conviction, not necessarily known in advance of sentencing

Truth-in-sentencing laws

any legislation intended to maximize one's sentence and time served for committing a crime; the intent is to compel offenders to serve at least 80 or 90 percent of their maximum sentences before they become eligible for parole or early release

US V. Booker

US Supreme Court held that the federal sentencing guidelines are subject to 6th Amendment jury trial requirements. If judge authorizes a punishment on the findings of the fact, that fact must be found by a jury beyond reasonable doubt

Kimbrough V. US

has to do with the mandatory minimum trigger ratio between powder and crack cocaine.

Gall V. US

Supreme Court decided that if a judge gives a below-guideline sentence, a court of appeal should only reverse if it is deemed that the judge abused his or her discretion

Rita V. US

Supreme Court ruled that judges have considerable discretion to impose sentences and that within guidelines sentences should be seen as reasonable. May not be the case dependent on the facts and circumstances and should be determined on a case by case basis

Alleyne V. US

US Supreme Court held that the facts used in imposing a mandatory minimum sentence also must be found as facts beyond a reasonable doubt by a jury

crime prevention

Any overt activity that is connected by individuals or groups to deter persons from committing crimes.