Criminal Justice Unit 3 Test Study Guide

Assessment Structure and Point Distribution

The Criminal Justice Unit $3$ Test is designed to evaluate comprehensive knowledge through a variety of question formats totaling $75$ points. The examination consists of $10$ matching questions, $20$ multiple-choice questions, and $15$ true or false statements. Additionally, students are required to complete $3$ short response questions and $1$ short essay. This study guide serves as an exhaustive resource for the definitions, legal principles, and case laws necessary for the assessment, documented at $11:06$.

Fundamental Philosophical Goals of Sentencing

There are five major goals that drive the sentencing process in the United States criminal justice system: Restoration, Incapacitation, Deterrence, Retribution, and Rehabilitation. The overarching general goal of sentencing in the United States is to protect society. Deterrence is defined as punishment meant to discourage people from committing crimes. This is further divided into specific types, such as general deterrence, which involves punishing one individual to discourage other people in society from committing crimes. The primary objective is to make the public fear punishment, thereby preventing future offenses. Retribution is defined as punishment administered because it is considered a deserved revenge, intended to establish order. Rehabilitation focuses on changing an individual's behavior to prevent recidivism. Restoration seeks to reestablish criminals back into society, often through mechanisms like probation and parole, and focuses on repairing the harm caused by the crime. Incapacitation is a sentencing philosophy meant to protect society by removing offenders so they cannot commit more crimes, with examples including life sentences and the death penalty.

Applied Sanctions and Sentencing Frameworks

Sentencing in the criminal justice system manifests through various forms and sanctions. The four primary sanctions of sentencing include Fines, Probation and Parole, Prison or Jail, and Death. Other forms of sentencing available to the court include Community Service and House Arrest. The structural framework of sentencing can be categorized into structured and indeterminate systems. Structured sentencing is a system with fixed guidelines that judges must follow, designed to reduce unfair differences in punishment. In contrast, an indeterminate sentence is described as one that is not fixed. Incarceration is the specific act of imprisoning someone within a jail or prison facility.

Factors Influencing Sentence Severity

Judicial decisions are often influenced by Aggravating and Mitigating Factors. Aggravating factors are those that make a crime more serious and increase the punishment; they "make things worse." Mitigating factors are those that may reduce the punishment. A specific example of a mitigating factor is a defendant having no prior criminal record.

Characteristics and Prosecution of Career Criminals

A career criminal, or career offender, refers to a group of offenders who repeatedly commit serious crimes over the course of their lifetime. To be classified as a career offender, an individual must be at least $18$ years old. They must have previous felony convictions, which specifically include drug trafficking or violent felonies. Under the legal precedent set by the case Deal Vs U.S. $1993$, an individual can be charged as a career criminal in a single hearing. This status is typically triggered if the offender has a previous charge of drug trafficking or at least $2$ felonies.

Legal Rights and Capital Punishment

The $5\text{th}$ Amendment of the United States Constitution is fundamental to criminal justice as it protects people from self-incrimination. Capital Punishment is synonymous with the Death Penalty. Historically, the application of the death penalty has been shaped by Supreme Court rulings. In the case Furman vs Georgia, the Supreme Court ruled the death penalty unconstitutional in its then-current form because the ruling stopped the death penalty from being abused. However, the subsequent case Gregg vs Georgia reinstated the death penalty, with the court approving that it did not violate the $14\text{th}$ Amendment or the $5\text{th}$ Amendment. In terms of state-specific history, the death penalty was abolished in New Jersey in the year $2007$.

Appeals Process for Death Penalty Convictions

There are specific legal pathways through which a death penalty conviction can be appealed. These include direct appeals to higher courts and state post-conviction appeals. Furthermore, an offender can seek federal court appeals. Beyond the judicial court system, an individual may submit requests for clemency or a pardon from a governor or the president.