FLASHCARDS — CRJ WEEK 10 (Punishment & Sentencing)

What are the main philosophies?

Retribution, Rehabilitation, Deterrence, Incapacitation, Restoration.

What is retribution?

Punishment as deserved revenge; “just deserts” model.

What is incapacitation?

Removing offenders from society — “lock ’em up” approach.

What makes deterrence effective?

Certainty, Severity, Swiftness (Celerity) of punishment.
Types: Specific & General.

Rehabilitation: What is the goal?

Reform offenders so they no longer want or need to commit crime.

What does restoration emphasize?

Making the victim and community whole again.

What is indeterminate sentencing?

General, unspecific ranges relying heavily on judicial discretion.

Critiques of Indeterminate Sentencing: Main problems?

Inequality, dishonesty, reliance on personal/social factors.

What is determinate sentencing?

Fixed prison terms; based on proportionality, equity, social debt.

What do mandatory sentences do?

Remove judicial discretion; law requires specific penalties.

What are aggravating vs mitigating circumstances?

Aggravating = more severe sentence; Mitigating = lesser sentence.

What do three-strikes laws require?

25 to life for third felony; parole eligibility after 80% served.

What is truth in sentencing?

What you are sentenced to is what you serve — reduces good-time credits.

Examples of alternative sentences?

Diversion, fines, registries, home detention, drug treatment, community service.

Diversion, fines, registries, home detention, drug treatment, community service.

Revenge, just deserts, protection.
Arguments against?
Innocence, ineffective deterrent, arbitrary, discriminatory, expensive.