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Chapter 9
PUNISHMENT AND SENTENCING
23
Criminal Justice
Undergraduate 1
04/02/2012

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Cards

Term
retribution
Definition
) The philosophy that those who commit criminal acts should be punished based on the severity of the crime
Term
just deserts
Definition
A sanctioning philosophy based on the assertion that criminals deserve to be punished for breaking society’s rules
Term
deterrence
Definition
The strategy of preventing crime through the threat of punishment
Term
incapacitation
Definition
A strategy for preventing crime by detaining wrongdoers in prison, thereby separating them from the community and reducing criminal opportunities
Term
rehabilitation
Definition
The philosophy that society is best served when wrongdoers are provided the resources needed to eliminate criminality from their behavioral pattern rather than simply being punished.
Term
indeterminate sentencing
Definition
An indeterminate term of incarceration in which the sentence determines the minimum and maximum time to be served, such as five to ten years, rather than a specific time to be served.
Term
determinate sentencing
Definition
A practice in which the period of incarceration for specific crimes is fixed by a sentencing authority and cannot be reduced by judges or other correction officials.
Term
“good time”
Definition
A reduction in time served by prisoners based on good behavior, conformity to rules, and other positive actions.
Term
truth-in-sentencing
Definition
A legislative attempt to ensure that convicts will serve approximately the terms to which they were initially sentenced
Term
restitution
Definition
Monetary compensation for damages done to the victim by the offender’s criminal act.
Term
restorative justice
Definition
An approach to punishment designed to repair the harm done to the victim and the community by the offender’s criminal act
Term
presentence investigative report
Definition
An investigative report on an offender’s background that assists a judge in determining a proper sentence
Term
“real offense”
Definition
The actual offense committed, as opposed to the charge levied by a prosecutor as the result of a plea bargain
Term
mitigating circumstances
Definition
Any circumstances accompanying the commission of a crime that may justify a lighter sentence.
Term
aggravating circumstances
Definition
Any circumstances accompanying the commission of a crime that may justify a harsher sentence
Term
sentencing disparity
Definition
A situation in which those convicted of similar crimes do not receive similar sentences.
Term
sentencing discrimination
Definition
A situation in which the length of a sentence appears to be influenced by a defendant’s race, gender, economic status, or other factor not directly related to the crime he or she committed.
Term
sentencing guidelines
Definition
Legislatively determined guidelines that judges are required to follow when sentencing those convicted of specific crimes
Term
departure
Definition
A stipulation in many federal and state sentencing guidelines that allows a judge to adjust his or her sentencing decision based on the special circumstances of a particular case.
Term
mandatory sentencing guidelines
Definition
Statutorily determined punishments that must be applied to those who are convicted of specific crimes
Term
habitual offender laws
Definition
Statutes that require lengthy prison sentences for those who are convicted of multiple felonies.
Term
victim impact statements (VIS)
Definition
A statement to the sentencing body (judge, jury, or parole board) in which the victim is the opportunity to describe how the crime has affected her or him.
Term
capital punishment
Definition
The use of the death penalty to punish wrongdoers for certain crimes.
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