The Goals of Punishment
This goal of sentencing focuses on "getting even" or a "life for a life" mentality.
What is Retribution?
A fixed term of incarceration (e.g., exactly 5 years) that cannot be changed by a parole board.
What is Determinate Sentencing?
Any person under the legal age of 18.
What is a Juvenile?
The formal document that accuses a juvenile of wrongdoing; similar to an adult warrant.
What is a Juvenile Petition?
List two "Status Offenses" that would result in a juvenile being labeled as "Undisciplined."
What are skipping school (truancy), running away, or breaking curfew?
This strategy uses imprisonment to "lock away" an offender so they cannot commit more crimes in the community.
What is Incapacitation?
A range of time (e.g., 5 to 10 years) where the actual time served depends on the offender's behavior.
What is Indeterminate Sentencing?
A minor who commits an act that would be a crime if they were an adult (e.g., theft).
What is a Delinquent Juvenile?
The juvenile court process that is similar to a trial where a judge decides the facts of the case.
What is Adjudication?
Identify the two main factors a judge uses under NC Structured Sentencing to determine an adult's punishment.
What are the Severity of the Crime (Class A-I) and the Prior Criminal Record?
This goal uses the fear of punishment to prevent the offender or the public from committing future crimes.
What is Deterrence?
The "eye for an eye" philosophy that suggests offenders deserve to be punished in proportion to their crime.
What is Just Desserts?
A minor who breaks rules that only apply to children, such as skipping school or running away.
What is an Undisciplined Juvenile?
The judge's final decision in a juvenile case; the juvenile version of "sentencing."
What is Disposition?
Name one modern reform, like the "Second Chance Act," that allows people to clear their records to reduce recidivism.
What is Expungement?
This goal focuses on "fixing" the offender through counseling, education, or job training.
What is Rehabilitation?
A temporary suspension or "pause" on a specific activity, such as a stop on carrying out the death penalty.
What is Moratorium?
The percentage of former prisoners who are rearrested for a similar offense.
What is Recidivism?
A secure facility where juveniles are held temporarily while waiting for their court date.
What is Juvenile Detention?
Identify the specific constitutional right that an adult has in a criminal trial but a juvenile does not have in an adjudication hearing.
What is the Right to a Jury Trial?
This goal seeks to make the victim and community "whole" again, often through community service or mediation.
What is Restoration?
A model where the law sets a "standard" sentence, but allows judges to move up or down based on aggravating or mitigating factors.
What is Presumptive Sentencing?
The legal process of sealing or destroying a criminal or juvenile record.
What is Expungement?
Programs (like Teen Court) designed to send a juvenile to treatment or service instead of through the formal court system.
What is Diversion?
Explain how "Diversion" and "Early Release" programs (like ASR) save the state money while protecting the public.
What is reducing Recidivism (re-offending) and lowering the cost of housing inmates in jails/prisons?