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28 Cards in this Set

  • Front
  • Back
presentence investigation
examination of convicted offender's background prior to sentencing; presentence examinations are generally conducted by procation or parole officers and are submitted to sentencing authorities
truth in sentencing
close correspondence between the sentence imposed upon those sent to prison and the time actually served prior to prison relaese
social debt
model of criminal punishment that includes determinate and commission-created presumptive sentencing schemes, as well as voluntary/advisory sentencing guidelines
victim-impact statement
the in-court use of victim- or survivor-supplied information by sentencing authorities wishing to make an informed sentencing decision
mitigating circumstances
circumstances surrounding the commission of a crime which may be considered as reducing the blame worthiness of the defendant
capital punishment
death penalty; capital punishment is the most extreme of all sentencing options
rehabilitation
attempt the reform a criminal offender; state in which a reformed offender is said to be
determinate sentencing
model of criminal punishment in which an offender is given a fixed term that may be reduced by good time or earned time. under the model, for example, all offenders convicted of the same degree of burglary would be sentenced to the same length of time behind bars
restoration
goal of criminal sentencing that attmpts to make the victim "whole again"
restorative justice
sentencing model that builds upon restitution and community participation in an attempt to make the victim "whole again"
incapacitation
use of imprisonment or other means to reduce the likelihood that an offender will be capable of committing future offenses
retribution
act of taking revenge upon a criminal perpetrator
sentencing
imposition of a criminal sanction by a judicial authority
indeterminate sentencing
model of criminal punishment that encourages rehabilitation via the use of general and relatively unspecific sentences (such as a term of imprisonment of from one to ten yrs)
mandatory sentencing
structured sentencing scheme that llows no leeway in the nature of the sentnece required and under which clearly enumerated punishments are mandated for specific offenses or for habitual offenders convicted of a series of crimes
just deserts
model of criminal sentencing that holds that criminal offenders deserve the punishment they receive at the hands of the law and that punishments should be appropriate to the type and severity of the crime committed
specific deterrence
goal of criminal sentencing that seeks to prevent a particular offender from engaging in repeat criminality
writ of habeus corpus
a writ that directs the person detaining a prisoner to bring him or her before a judicial officer to determine the lawfulness of the imprisonment
gain time
amount of time deducted from the time to be served in prison on a given sentence for participation in special projects or programs
capital offense
a criminal offense punishable by death
deterrence
goal of criminal sentencing that seeks to inhibit criminal behavior by fear of punishment
good time
amount of time deducted from time to be served in prison on a given sentence fro good behavior
aggravating circumstances
circumstances relating to the commission of a crime which cause its gravity to be greater that that of the average instance of the given type of offense
proportionality
sentencing principle that holds that the severity of sanctions should bear a direct relationship to a seriousness of the crime committed
equity
sentencing principle, based upon concerns with social equality, that holds that similar crimes should be punished with the same degree of severity, regardless of the social or personal characteristics of the offenders
voluntary/advisory sentencing guidelines
recommended sentencing policies that are not required by law
presumptive sentencing
model of criminal punishment that meets the following conditions: 1)appropriate sentence for an offender in a specific case is presumed to fall within a range of sentences authorized by sentencing guidelines that are adopted by a legislatively created sentencing body, usually a sentencing commission; 2)sentencing judges are expected to sentence within the range of to provide written justification for departure; 3) the guidelines provide for some review, usually appellate, of the departure
general deterrence
a goal of criminal sentencing that seeks to prevent others from committing crimes similar to the one for which a particular offender is being sentenced by making as example of the person sentenced