The Role of Criminal Sentencing
What is an example of paying restitution?
Making amends to the community (removing their own graffiti, community service
Reimbursing for criminal justice costs (paying fines, payments to the victim to cover medical bills)
What do sentencing guidelines focus on?
Sentencing guidelines tell judges what punishment to give based on the offense (crimes) and the defendant’s criminal history.
TRUE or FALSE
The defense attorney and parole officer is most likely to present the aggravating factors during a sentencing hearing.
FALSE
The prosecutor and victim are the most likely to present the aggravating factors during a sentencing hearing.
List 2 examples of aggravating factors that capital murder requires.
Note: First, jurors look for an aggravating factor that makes the defendant eligible for execution. They must unanimously agree that the prosecution established this factor beyond a reasonable doubt. States have different laws about which aggravating factors can lead to execution.
Which mitigating factors causes the death penalty to be prohibited?
Intellectual disability and juveniles
Which of the following is an example of general deterrence?
A. Providing an intervention to help a person return to being a productive member of society
B. Making people pay for their crimes
C. Executing a murderer in the hopes of keeping others from committing murders
C. Executing a murderer in the hopes of keeping others from committing murders
Note:
General deterrence: the use of the threat of reprisal or punishment to prevent something from happening
What is a disadvantage of habitual offender laws?
Increased prison population and costs, overly harsh punishments, unfair sentencing, overcrowded prisons
Who is responsible for preparing the presentence investigation report (PSI)?
Probation officer
Which of the following is true of capital trials?
A. A judge can impose a death sentence even if the jury chooses incarceration.
B. All members of the jury do not have to agree in order to impose a death sentence.
C. If the jury determines a defendant is guilty, the trial moves to the penalty phase.
C. If the jury determines a defendant is guilty, the trial moves to the penalty phase.
Note: If the jury finds the defendant guilty, the trial moves to the penalty phase. Here, the jury decides whether to sentence the defendant to prison or death.
List 2 statistics about capital punishment in the United States.
The number of states allowing executions has declined in recent decades.
Capital punishment is not legal in all 50 states.
Many states that permit capital punishment have not executed anyone in the last decade.
Southern states execute the most prisoners.
What is the purpose of the punishment goal of retribution?
Making offenders pay for their crimes.
What is the main idea of habitual offender laws?
Requires a lengthy sentence for offenders with three felony convictions
Name 2 examples of aggravating factors that a judget could use.
Note:
Aggravating factors are an element of the crime or offender’s background that calls for a more serious consequence.
Which crimes mostly likely cannot result in the death penalty?
A. Aggravated murder
B. Manslaughter
C. Treason
D. Robbery
B. Manslaughter
D. Robbery
Note: Currently, federal law permits the death penalty only for serious crimes. These include treason, aggravated murder, murder for hire, and kidnapping resulting in death.
What is the purpose of incapacitation?
Depriving criminals of the opportunity or ability to offend.
This can be done by physically removing dangerous offenders from society so they cannot hurt people. Ex: restraining orders, three strikes law.
TRUE or FALSE:
Sentencing guidelines were put into place to combat sentencing disparity.
TRUE
Congress ordered this commission to make sentencing consistent across judges.
Note: Before the 1980s, judges could impose almost any sentence. That freedom meant that criminal sentences depended on the luck of the draw. Some judges ordered light sentences for serious crimes. Others ordered harsh sentences for minor crimes.
What is an example of concurrent sentencing?
A. A burglar who broke into 3 houses in one day. The court sentences the burglar to 2 years for each crime. Since it was the burglar's first offense, the order could result in 2 years of prison instead of 6 years.
B. A kidnapper killed their victim. The court sentenced the kidnapper to 25 years for each crime. This order would result in 50 years of prison time.
A. A burglar who broke into 3 houses in one day. The court sentences the burglar to 2 years for each crime. Since it was the burglar's first offense, the order could result in 2 years of prison instead of 6 years.
Note:
Concurrent sentences: a sentence served simultaneously with another sentence, reducing the total number of years served
TRUE or FALSE:
Not everyone who faces a murder capital crime must be sentenced to death when an aggravating factor is present.
TRUE
The mitigating factors may outweigh the aggravating factors.
What is probation?
A period of court-ordered supervision as an alternative to incarceration
Note: People tend to get probation and parole mixed up.
What is one benefit of mandatory minimum sentencing?
Crime rates have dropped as sentences have increased.
Career criminals are serving life sentences with no threat to public sentence, staying off the streets longer.
Note:
Mandatory minimum sentencing is a required prison sentence with a set minimum length.
TRUE or FALSE:
A PSI Report can include the following, but not limited to:
the defendant’s current living situation, job, and family obligations, the defendant’s educational and work history, the probation officer’s sentencing recommendation
TRUE
offense details from the victim, police officers, and defendant
the victim’s statement about the impact of the crime
steps the defendant has taken to make amends or seek treatment
the defendant’s prior criminal record
the defendant’s current living situation, job, and family obligations
the defendant’s family history, including exposure to child abuse and criminal role models
the defendant’s educational and work history
the defendant’s physical and mental health
the defendant’s past and current substance use
the probation officer’s sentencing recommendation
TRUE or FALSE:
Common law is a legal system that depends on established custom and previous rulings.
TRUE