Partial study guide for test 4 over punishment and sentencing

Sentencing disparity

The unequal treatment of similar offenses, leading to inconsistent penalties for offenders, either between judges or within different jurisdictions.

Sentencing

The imposition of a penalty on a convicted criminal following an impartial judicial proceeding.

Just Deserts

A sanctioning philosophy based on the assertion that criminals deserve to be punished for breaking society’s rules. The severity of the punishment should be proportionate.

Who normally makes the sentencing decision?

Made by a judge, though in some cases, such as death penalty cases, juries are involved.

What is the number of people on probation compared to prison and jail populations; more or less?

Nearly twice as many people are under community supervision than are incarcerated

What does a probation revocation process consist of? Know the parts

Repealing the probation sentence and substituting a more restrictive sentence, such as a jail or prison term. Two general categories of violations.

1. Commission of a new offense.

2. Technical violations

Do high rates of incarceration have a disproportionate impact on minority groups? Yes or No

Yes, high rates of incarceration have a disproportionate impact on minority groups, particularly African Americans and Latinos. These groups are incarcerated at significantly higher rates than their white counterparts. 

What is a prison?

A state or federal confinement facility that has custodial authority over adults sentenced to confinement.

What is the incarceration rate per 100,000 for state and federal prisoners sentenced to more than a year?

In 2020, the imprisonment rate was 358

per 100,000 U.S. residents, the lowest

since 1992. According to the US Department of Justice

Know the term proportionality as it relates to sentencing.

A sentencing principle that holds that the severity of sanctions should bear a direct relationship to the seriousness of the crime committed

Retribution - understand this type of sentencing goal.

“Eye for an eye.” A wrongdoer who has freely chosen to violate society’s rules must be punished for the violation. Revenge or vengeance.

Incapacitation - understand this type of sentencing goal.

The use of imprisonment, or other means, to reduce the likelihood that an offender will be capable of committing future offenses. Aims to disable the offender from being able to commit future crimes.

Rehabilitation - understand this type of sentencing goal.

The philosophy that society is best served when wrongdoers are provided the resources needed to eliminate criminality from their behavioral pattern, rather than being punished. Focused on aiding an offender to learn skills to help prevent the person from reoffending.

Deterrence - understand this type of sentencing goal.

Uses the example or threat of punishment to convince people that criminal activity is not worthwhile. Convincing the offender or others not to commit the crime

Truth-in-sentencing laws require offenders to serve at least? (Percentage amount)

Require offenders to serve at least 85% of their imposed sentence before being eligible for release.

Who compiles the presentence investigation report?

Generally conducted by the probation staff and are submitted to the sentencing authorities.

Roper v. Simmons

U.S. Supreme Court ruled that the execution of individuals who were under 18 at the time of their crime constitutes cruel and unusual punishment, violating the Eighth Amendment.

Atkins v. Virginia

Supreme Court's ruling that executing individuals with intellectual disability constitutes cruel and unusual punishment, violating the Eighth Amendment.

Minnesota v. Murphy (1984)

The Supreme Court ruled that the

probation officer-client relationship is not

confidential, as physician-patient and

attorney-client relationships are.

Mempa v. Rhay (1967)

The Court unanimously held that a probationer was constitutionally entitled to counsel in a revocation-of-probation proceeding where the imposition of sentence had been suspended.

What is meant by mitigating circumstances?

Relating to the commission of a crime that may be considered to reduce the blameworthiness of the defendant.

Call for a lesser sentence.

Three Strikes Law

Require mandatory sentences (sometimes life without parole) when convicted of a third serious felony.

What is the most common method (currently) of carrying out the death sentence in US?

Lethal enjection

Who establishes the conditions of probation?

Judge

Indeterminate sentencing

A judge determines the minimum and maximum terms of imprisonment. When the minimum term is reached, the prisoner becomes eligible to be paroled.

What is probation?

A sentence in which the offender, rather than being incarcerated, is retained in the community, under the supervision of a probation agency and required to abide by certain rules and conditions to avoid incarceration.

Home incarceration?

Offender to remain home at all times, except for medical emergences.

Technical Violation?

Failing to report a change of address or testing positive for drug use.

“good time?”

The amount of time deducted from time to be served in prison on a given sentence as a consequence of good behavior.

Caseload?

The number of clients a probation officer is responsible forprobation officer is responsible for at any one time.

Forfeiture?

A process by which the government seizes property gained from or used in criminal activity.

What are factors in the growth of prison populations? (See textbook and PowerPoint)

• Longer sentences add to growth while new inmates are entering.

• Increased probability of incarceration; such as career criminals. For example, repeat offenders.

• Federal sentencing policy.

• Rising incarceration rates of women.

What is meant by Supermax syndrome?

Inmates are not allowed to leave their cells.

The rate of imprisonment of African American male is ____than that of white males. (Greater or less)

The imprisonment rate of African American males is significantly greater than that of white males. Specifically, Black men are incarcerated at a rate that is approximately 5.5 to 6 times higher than that of white men. 

What is meant by selective incapacitation?

Seeks to identify the most dangerous criminals, with the goal of removing them from society.

What is meant by Classification systems?

Designed to help determine appropriate housing plans and program interventions within a particular facility for inmates who share a common custody level.

Jails are managed by….? (Law Enforcement Agency)

local law enforcement

What is a direct supervision jail?

A temporary confinement facility that eliminates many of the traditional barriers between inmates and correctional staff. Physical barriers in direct-supervision jails are far less common than in traditional jails, allowing staff members the opportunity for greater interaction with and control over residents.

About __percent of jail inmates in the U.S. are male.

74.3%

Which populations may be held in a jail?

• They receive individuals pending arraignment and hold them awaiting trial, conviction, or sentencing.

• They temporarily detain juveniles, the mentally ill, and others pending transfer to appropriate facilities.

• They hold inmates sentenced to short terms (generally less than one year).

• They hold individuals for the military, for protective custody, for contempt, and for the courts as witnesses.

• They house inmates for federal, state, or other authorities because of overcrowding in their facilities

Specialized caseload programs have been designed for?

For those offenders with specific supervisory needs.

– Drug offenders

– Sex offenders

– Violent and habitual offenders

– Mentally ill offenders

Know what a minimum-security prison is.

• Housing tends to be dormitory style.

• Prisoners usually have freedom of movement within the facility.

• Work is done under general supervision only.

• Guards are unarmed, and gun towers do not exist.

• Fences, if they exist, are low and sometimes unlocked.

• “Counts” may not be taken.

• Prisoners are sometimes allowed to wear their own clothes

Most jails in the U.S. are designed to hold _or fewer inmates. (Number needed for the blank)

More then half the jails are small, designed to hold 50 or fewer inmates.

What is the theory behind probation?

Rehabilitation, risk management, and community reintegration

Warden

The person in charge of a jail

time served

Defendant is released from custody immediately after sentencing because they've already served the equivalent time. 

Victim Impact Statement

A written or oral statement provided by a crime victim to the court, explaining how the crime has affected them, both physically, emotionally, and financially

Legislatively determined guidelines

Established by state or federal legislatures to provide guidance to judges when sentencing convicted criminals.