Sentencing in Criminal Procedure

Flashcards covering the key concepts and vocabulary related to sentencing in criminal procedure law.

Sentencing

The judicial determination of the punishment to be imposed on a convicted individual.

Pre-sentencing report

A report that provides the court with information about the defendant’s background and the circumstances of the offense for sentencing purposes.

Adjournment

A legal term referring to the postponement of a court proceeding to a later date.

Victim impact statement

A statement made by the victim or their representative regarding the impact of the crime on their life, presented during sentencing.

Predicate felon

An individual who has been convicted of a prior felony and is subject to more severe sentencing for subsequent felonies.

Persistent felon

An individual who has been convicted of two or more felonies within the past ten years and faces mandatory sentencing guidelines.

Determinate sentence

A fixed period of time that a defendant must serve for a felony conviction.

Indeterminate sentence

A sentence that sets a range of time for imprisonment, with a minimum and maximum period.

Conditional discharge

A sentencing option where the defendant is not supervised by probation but must comply with certain conditions.

Restitution

Compensation required to be paid by the defendant to the victim for losses incurred due to the crime.

Judicial diversion

A program allowing certain defendants to enter treatment instead of serving a traditional sentence, if eligible.

ACD (Adjournment in Contemplation of Dismissal)

A legal mechanism allowing cases to be adjourned with the potential for dismissal if the defendant behaves during the adjournment period.

Split sentence

A sentence that combines jail time with probation or conditional discharge.

Unconditional discharge

A sentencing option where the defendant is released without supervision after serving their sentence.

Concurrent sentence

Sentences that are served at the same time.

Consecutive sentence

Sentences that are served one after the other.

Mandatory minimum sentence

The lowest sentence that a judge can impose for a particular crime.

Surcharge and fees

Monetary charges imposed on defendants as part of their sentencing, including mandatory surcharges for convictions.

License suspension

A court-ordered temporary revocation of a defendant's right to drive as part of their sentence.

Order of protection

A legal order issued by a court to protect an individual from harassment or harm by another individual.

Sex offender registration

The legal requirement for individuals convicted of certain sex crimes to register with the state and inform law enforcement of their whereabouts.

Youthful offender adjudication

A legal classification allowing certain young defendants to avoid a criminal record despite being convicted.

Tolling

The process of excluding time periods from the calculation of the ten-year look-back period for felony convictions.

Judicial diversion eligibility

Criteria that determine a defendant's eligibility to participate in a diversion program instead of serving a traditional sentence.