Sentencing
Are most sentences imposed by a judge or jury?
Judge
Are intermediate sanction more or less restrictive then traditional probation?
More
Federal crime victims have rights in criminal proceeding as the result of ___?
The Crime Victims' Rights Act (CVRA)
Where is restitution paid?
To the injured party
Sentencing disparity.
What do mandatory sentences eliminate?
Disparity or differences.
Death penalty, imprisonment, probation, intermediate sanctions, and fines, forfeiture, and restitution.
What is the Crime Victims' Rights Act?
Gives victims rights in federal criminal proceedings.
What is the difference between concurrent and consecutive?
Concurrent - served at the same time, Consecutive - served back to back.
What is probation?
Where a convicted offender is allowed to remain free in the community.
What are the 4 goals for sentencing?
Rehabilitation, deterrence, incapacitation, and retribution.
How many states allow capital punishment to be legal?
27 states.
The law and all state constitutional provisions.
When can probation revocation occur?
What is sentencing?
A formal pronouncement of punishment following conviction in a criminal prosecution.
What amendment prohibits cruel and unusual punishment?
Eighth Amendment.
What are examples of intermediate sanctions?
Community service, electric monitoring, boot camps.
In the American adversary system of justice, the state is the ___ party in a criminal case?
Offended party.
What is the difference between shock probation and intensive probation?
What is restitution?
A victim is restored to their original position prior to the loss or injury.
What concept is the juvenile justice system based on?
Parens patriae or "the state is the parent."
When was the death penalty declared unconstitutional and constitutional
Unconstitutional in 1972 and constitutional in 1976.
What year did Congress pass the Crime Victims' Rights Act?
2004
What is the difference between determinate and indeterminate?
Determinate - specified period of incarceration, Indeterminate - wide discretion to sentencing authority.
What is forfeiture?
A divestiture of specific property without compensation.