Use LEFT and RIGHT arrow keys to navigate between flashcards;
Use UP and DOWN arrow keys to flip the card;
H to show hint;
A reads text to speech;
37 Cards in this Set
- Front
- Back
|
Goal of Judge Sentencing (4) |
1. Rehabilitation 2. Incapacitation 3. Retribution 4. Deterrence |
|
|
First time offenders or minor offenses. Restoration. Usually probation. |
Rehabilitation |
|
|
Jail time. Charged of person keeps doin crime usually. Or serious offense like rape. |
Incapacitation |
|
|
“Eye for eye” punishes from crime due to seriousness of it. |
Retribution |
|
|
Sends message to people as “general” or have person face sentencing due to specification of that one individual “specific” |
Deterrence |
|
|
Suggestions that the state thinks particular crimes and record history should receive. |
Sentencing Guidelines |
|
|
Sentencing Guidelines is represented on a |
Grid |
|
|
How the grid is laid out. Seriousness of the offense (minor crime to murder) ______ and how big your criminal record is ______ |
1. Offense Gravity Score (OGS) 2. Prior Record Score (PRS) |
|
|
Fire arm cases |
Mandatory sentencing |
|
|
Sentencing doesn’t matter on defendants history |
Mandatory Sentencing |
|
|
Sentencing that comes from the legislature |
Mandatory Sentencing |
|
|
If the offense is federal, then this sentencing comes from congress |
Mandatory Sentencing |
|
|
True or false: Judge doesn’t have a say whether or not he can rule out a mandatory sentencing |
True |
|
|
True or False: judge is the only one who can control a mandatory sentencing. |
False, a prosecutor is the only one who can control a mandatory sentencing |
|
|
What happened to John Lowe? |
- used knife to defend himself against attackers at the bus stop at Temple - judge gave low sentencing - if Lowe had a firearm, judge would have no choice but to give him a 5 year sentencing. |
|
|
Countries that have the death pentalty (4) |
U.S, Japan, Singapore, and China |
|
|
How many states have the death penalty? |
31 |
|
|
Problems with the death penalty (3) |
1. Racial Bias 2. DNA evidence 3. Arbitrary System |
|
|
How many people have been exonerated from death row? |
156 |
|
|
What year was the death penalty ruled unconstitutional? |
1972 |
|
|
What year did the death penalty come back? |
1976 |
|
|
What are the 4 rules of death penalties? |
1. Be guilty by 1st degree murder 2. Aggravated Factors must of applied 3. Mitigating factors (sympathy for person on death row) 4. Appeals ( some go for 18 years) |
|
|
Amendment that rules unfavorite to cruel and unusual punishment |
8th Amendment |
|
|
In ordinary injustice, what kind of people did Robert Surrency represent? |
Poor defendants in Georgia |
|
|
What kind of lawyer was Robert Surrency in Georgia? |
Contract Attorney |
|
|
Amendment that says that you have a right to a council |
6th amendment |
|
|
Trial that created that people who can’t afford a lawyer will have one appointed to them. |
Gideon vs. Wainright |
|
|
What are the three ways to get a free lawyer? |
1. Public Defender Offices 2. Court Appointed Counsel 3. Contract Attorneys (Robert Surrency) |
|
|
Who are the best free lawyers and why? |
Public defenders because they are paid by salary and have time to investigate a case |
|
|
Who are the worst free lawyers? |
Contract Attorneys because they have too many people to serve and little funds to do investigations |
|
|
Which lawyers are paid by tax payers? |
Court Appointed Counsel |
|
|
What percentage of clients did Robert Surrency have them plead guilty? |
99% |
|
|
After Robert Surrency was a contract attorney, what did he become next? |
Public Defender |
|
|
High profile cases. Lawyers want to win and can cause .. |
Over prosecution |
|
|
Judges are motivated by |
How many cases they dispose |
|
|
Judges prefer to dispose of |
Guilty pleas |
|
|
True or False: Judges can be elected and appointed as judge |
True |
