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26 Cards in this Set

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Justice

A moral concept about just or fair treatment consisting of "treating equals equally and unequals unequally according to relevant differences"

Determinate Sentence

A prison sentence with a fixed number of years that must be served rather than a range.

An exact number.

Truth in Sentencing laws

Laws that require there be a truthful realistic connection between the sentencing imposed on offenders and the time they actually serve

Indeterminate Sentence

A prison sentence consisting of a range of years to be determined by the convicts behavior, rather than one of a fixed number of years.

Serve 2 to 5 years

Sentence

A punitive penalty ordered by the court after a defendant has been convicted of a crime either by a jury, a judge, or a plea bargain.

Mandatory sentence

A prison sentence imposed for crimes for which probation is not an option, where the minimum time to be served is set by law

Concurrence sentence

Two separate sentences are served at the same time.

Consecutive sentence

Two or more sentences that must be served sequentially

Habitual offender statutes

Statutes mandating that offenders with a third felony conviction be sentenced to life imprisonment regardless of the nature of the third felony.

Life without parole

A life sentence with the additional condition that the person never be allowed parole.

Shock probation

Types of sentence aimed at shocking offenders into going straight by exposing them to the reality of prison life for a Short period followed by probation.

Split sentence

Sentence that require convict persons to serve brief periods of confinement in a county jail prior to probation placement

Victim impact statement

A statement made by persons directly effected by the crime(or survivers in the case of a murder) to inform the court of the personal and emotional harm they have suffered As a result of the deffendents actions and in some states to make a sentence recommendation.

Problem solving courts

Alternative to traditional criminal courts that cannot adequately address the problems of offenders with special need and other issues such as alcoholism or mental health problems

Drug court

A special sentence for drug related non violent offenders who must then complete an extensive drug treatment program.

Sentencing disparity

Wide variation in sentences received by different offenders that may be legitimate or discriminatory

Fair sentencing act of 2010

The act mandated that the amount of Crack cocain subject to the 5 year minimum sentence be increased from 5 grams to 28 grams

Presenter investigation report (psi)

Report written by the probation officer informing the judge of various aspects of the offense for which the defendant is being sentenced as well as providing information about the defenders background, character and criminal history.

United States sentencing commision

A commision charged with creating mandatory sentencing guidelines to control judicial discretion.

Sentencing guidelines

Scales for numerically computing sentences that offenders should receive based on the crime they committed and on thier criminal records

When does sentencing typically occur?

30 days after a confiction.

Rommel v. Estille (1980)

Obtained 230$ over 15 years through writing bad checks along with fraudulant use of credit card. Received punishment of life without parole.

Effectiveness of victim impact statements

Effective ------- Capital Cases (jury)


Not Effecrive------- Non Capital Cases

Kansas v. Hendricks (1997)

Supreme court upheld Kansas sexually violent, and predator act.


On "mental abnormaility" the court ruled that Hendricks confinement was not double jeopardy.

Bureau of justice assistance (2013)

Focus on outcomes


System chance


Judicial involvement

United States v. Booker

Freddie booker arrested 2003 for possession of 92.5 grams of Crack.


Admitted to police he sold addition 56y grams.


Sentenced 30 Years (violation of 6th amendment rights) recharged 30 years after