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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.


Jail time. Charged of person keeps doin crime usually. Or serious offense like rape.


“Eye for eye” punishes from crime due to seriousness of it.


Sends message to people as “general” or have person face sentencing due to specification of that one individual “specific”


Suggestions that the state thinks particular crimes and record history should receive.

Sentencing Guidelines

Sentencing Guidelines is represented on a


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 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?


Problems with the death penalty (3)

1. Racial Bias

2. DNA evidence

3. Arbitrary System

How many people have been exonerated from death row?


What year was the death penalty ruled unconstitutional?


What year did the death penalty come back?


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?


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