CH9: Punishment and Sentencing

retribution

Punishment inflicted
on a person who has harmed others and so deserves to be penalized.

general deterrence

Punishment of criminals that is intended to be an example to the general public and thereby discourage the commission of offenses.

specific deterrence

Punishment inflicted on
lawbreakers to discourage them from committing future crimes.

incapacitation

Depriving a lawbreaker of the ability to commit crimes against society, usually by detaining the individual in prison.

selective incapacitation

Making the best use of expensive and limited prison space by targeting for incarceration those individuals whose incapacitation will do the most to reduce crime in society.

rehabilitation

The goal of restoring a person convicted of crimes to a constructive place in society through some form of vocational or educational training or therapy.

restorative justice

Punishment designed to repair the damage done to the victim and community by an offender’s criminal act.

indeterminate sentence

A period set by a judge that specifies a minimum and a maximum time to be served in prison. Sometime after the minimum, the offender may be eligible for parole.

determinate sentence

A sentence that fixes the term of imprisonment at a specific period.

presumptive sentence

A sentence for which the legislature or a commission sets a minimum and a maximum range of months or years. Judges are to fix the length of the sentence within that range, allowing for special circumstances.

mandatory sentence

A sentence determined by statutes and requiring that a certain penalty be imposed on people convicted of crimes who meet certain criteria

good time

A reduction of an imprisoned person’s sentence, at the discretion of the prison administrator, for good behavior or participation in vocational, educational, or treatment programs.

earned time

Reduction in a prisoner’s sentence as a reward for participation in educational or other rehabilitation programs and for work assignments such as disaster relief and conservation projects.

intermediate sanction

A
variety of punishments that are more restrictive than traditional probation but less severe and less costly than incarceration.

probation

A sentence that the offender is allowed to serve under supervision in the community.

shock probation

A sentence in which the offender is released after a short incarceration and resentenced to probation.

Furman v. Georgia (1972)

The death penalty, as administered, constitutes cruel and unusual punishment.

Gregg v. Georgia (1976)

Death penalty laws are constitutional if they require the judge and jury to consider certain mitigating and aggravating circumstances in deciding which convicted murderers should be sentenced to death. Proceedings must also be divided into a trial phase and a punishment phase, and there must be opportunities for appeal.

McCleskey v. Kemp (1987)

The Supreme Court rejected a challenge of Georgia’s death penalty on grounds of racial discrimination.

Atkins v. Virginia (2002)

Execution of developmentally disabled offenders is unconstitutional.

Roper v. Simmons (2005)

Execution of offenders for crimes committed while under the age of 18 is unconstitutional.

Witherspoon v. Illinois (1968)

Potential jurors who object to the death penalty cannot be automatically excluded from service; however, during voir dire, those who feel so strongly about capital punishment that they could not give an impartial verdict may be excluded.

presentence report

A report, prepared by a probation officer, that presents a convicted offender’s background and is used by the judge in selecting an appropriate sentence.

sentencing guideline

A mechanism to indicate to
judges the expected sanction for certain offenses, in order to reduce disparities in sentencing.