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14 Cards in this Set

  • Front
  • Back

Sentencing Guidelines

A mechanism indicated to judges the expected sanctions for certain offenses, in order to reduce disparities in sentencing

Indeterminate Sentences

A maximum and minimum time set by a judge that a person may serve in prison. Sometimes after the minimum, they may be eligible for parole. It is related to rehabilitation, because the time needed for treatment is not a set time.

Mandatory Sentences

A sentence set by statuses requiring a certain penalty be imposed and carried out for offenders who meet certain criteria

Retribution

Punishment inflicted on a person who infringed the rights of others and deserves to be penalized. The severity of the sanction should fit the severity of the crime.

Furman v. Georgia (1972)

The death penalty constitutes as cruel and unusual punishment

Determinate sentences

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

Indeterminate Sanctions

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

Restoration

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

Roper v. Simmons (2005)

Executions of offenders for murders committed before they were 18 is unconstitutional

Gregg v. Georgia (1976)

The Supreme Court's decision to reactivate the death penalty after states revised their laws to make decision making about punishment in murder cases more careful and deliberate.

Witherspoon v. Illinois (1968)

Potential jurors who object the death penalty may not be automatically excluded from service. However, during vior dior, if they feel strongly about capital punishment that they could not give an impartial verdict may be excluded.

Presumptive Sentences

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

Circumstantial Evidence

Evidence, provided by a witness, from which a jury must infer a fact.

Demonstrative evidence

Evidence that is not based witness testimony but demonstrates information relevant to the crime- maps, xrays, photos- includes real evidence involved in the crime