Goals & Philosophies of Punishment
This punishment philosophy seeks revenge on the offender, operating under the principle of "an eye for an eye"
What is retribution?
This type of sentencing sets a specific, fixed amount of time an offender must serve with no possibility of parole.
This document, complied by a probation officer, details an offender's background, criminal history, and life stability to help a judge determine a fair sentence.
What is a Presentence Investigation Report (PSI)?
This constitutional amendment protects citizens from "cruel and unusual punishments," serving as the core battleground for death penalty cases.
What is the Eighth Amendment
This is the primary method of execution utilized by the federal government and nearly all death penalty states today.
What is lethal injection?
The goal of sentencing uses a severe punishment on one offender to set a public example, discouraging the rest of society from committing crimes.
What is general deterrence?
This type of sentence provides a range of time, giving parole boards the discretion to release an offender early based on their behavior.
What is indeterminate sentencing?
These circumstances, such as showing remorse, having no prior record, or acting under duress, may justify a lighter sentence or more lenient sentence.
What are mitigating circumstances?
In this landmark 1972 case, the Supreme Court struck down all existing state death penalty statutes, ruling that capital punishment was being applied in arbitrary and discriminatory manner.
What is Furman V. Georgia?
This specific type of trial splits a capital case into two parts: a guilt phase to determine if the defendant did it, and a penalty phase to decide on life or death.
What is a bifurcated trial?
This strategy physically prevents an offender from committing future crimes against society by locking them away in prison or jail.
What is incapacitation?
These statutory laws strip judges of their sentencing discretion by forcing them to hand down fixed prison terms for specific crimes, such as weapon or drug offenses.
What are mandatory minimum sentences?
These facts, such as using a deadly weapon, committing a crime in front of a child, or showing extreme cruelty, can legally justify a harsher sentence.
What are aggravating circumstances?
This 1976 Supreme Court case reinstated the death penalty by approving a new two-stage trial process designed to eliminate arbitrary sentencing.
What is Gregg V. Georgia?
This term described the legal process of clearing an incarcerated person of blame or releasing them from death row due to newly discovered evidence, such as DNA testing
What is exoneration?
This forward-looking philosophy aims to reform an offender through educational, vocational, or psychological treatment so they can successfully return to society.
What is rehabilitation?
These strict legal policies mandate extremely long prison sentences, often life without parole, for offenders convicted of their third felony.
What are three-strikes law?
This is a written or oral statement given by the crime victim at the sentencing hearing, explaining how the crime emotionally, physically, or financially disrupted their life.
What is a victim impact statement?
This 2005 Supreme Court ruling declared it unconstitutional to execute any offender who was under the age of 18 at the time they committed their crime.
What is Roper V. Simmons?
This non-profit organization uses DNA testing to overturn wrongful convictions, playing a massive role in exposing errors in capital cases.
What is the Innocence Project?
This modern approach focuses on repairing the harm done to the victim and the community rather than simply punishing the offender.
What is restorative justice?
Under these legislative reforms, offenders are required to serve a substantial portion of their sentence usually 85% before becoming eligible for release.
What are truth-in-sentencing laws?
This term described a systemic flaw where two offenders with similar criminal histories commit the same exact crime but receive radically different punishments by different judges.
What is sentencing disparity?
In Atkins V. Virginia (2002), the Supreme Court ruled that executing individuals with this specific condition constitutes cruel and unusual punishment.
What is an intellectual disability?
This administrative power, held by governors or the U.S. President, allows an executive to reduce a death row inmate's sentence to life in prison.
What is executive clemency (or commutation)?