America's Courts and the Criminal Justice System - Chapter 14: Sentencing

Flashcards covering key vocabulary and concepts from Chapter 14 on Sentencing.

Retribution

Holding individuals responsible for their actions.

Lex talionis

An eye for an eye

Just deserts

Punishment as deserved.

Proportionality

Refers to the idea that punishment should be related to the crime

Expiation

The act of making amends, or atoning, for a wrong or crime.

Deterrence

Prevention of future crimes through the threat of punishment.

General deterrence

Deterrence aimed at preventing crime in the general population.

Specific deterrence

Deterrence focused on preventing a specific individual from re-offending.

Rehabilitation

Treat, rather than punish offenders.

Probation

Supervision of offenders in the community.

Parole

Supervision of offenders after a prison sentence.

Incapacitation

Preventing crime by locking up those likely to commit more crimes.

Restoration (Restorative Justice)

Seeks to repair injuries caused by crime, involving victims, offenders, and the community.

Criminal codes

Sentencing options created by the legislative branch.

Indeterminate sentences

A range of time served by the defendant, parole board determines release.

Determinate sentences

A fixed period of time served by the defendant.

Pre-Sentence Investigation Report (PSI)

A report used during the sentencing decided upon by the Parole boards & Departments of Corrections (DOC).

Count or charge bargain

Reducing the maximum penalty with the prosecutor.

Aggravating factors

Circumstances that make the crime more severe.

Mitigating factors

Circumstances that make the crime less severe.

Structured sentencing schemes

A sentencing system that provides a recommended range of sentences based on the offense and the offender's criminal history.

Presumptive sentencing

Sentencing guidelines that judges are expected to follow, though some departures may be allowed.

Mandatory Minimum Sentences

Laws that require offenders convicted of certain crimes to be sentenced to a minimum period of time.

Three strikes laws

Laws that increase the sentence for repeat offenders.

Truth in sentencing

Laws that require offenders to serve a substantial portion of their prison sentence.

Eighth Amendment

Constitutional principle that prohibits cruel and unusual punishment.