Sentencing 101
What is the topic of today's lesson?
Sentencing
Who is responsible for promoting justice and must consider the competing interests between the defendant and society?
The judge
_____ means confinement to prison for a period of time.
Imprisonment
What class year was Mr. Brown at Legal Outreach?
2012
Fill in the blank: An _____ is a final judgement that requires no further action
Unconditional discharge
What is it called when the judge orders the convicted defendant to pay a fixed sum of money?
Fine
True or False:
For misdemeanors in New York, the state does not allow short, determinate sentences or alternative sentences
False
Where does Mr. Maffei go to law school?
BU law school
Fill in the blank for this additional consideration when imposing probation:
Report to a _____ officer according to the judge's directions
Probation
What kind of sentencing structure allows a judge to take into account all the circumstances and conditions surrounding the crime?
Indeterminate Sentencing Structure
True or False: New York's sentencing law typically allows judges a lot of discretion in setting the minimum and maximum.
True
Where does Mr. Senat go to school?
What are the 4 traditional conditions typical of both probation and conditional discharge?
1. Avoid injurious or vicious habits
2. Refrain from frequenting unlawful or disreputable places or consorting with disreputable persons such as ex-convicts
3. Remain in a job or in school
4. Participate in an alcohol or substance abuse program
What is "a sentence where the conviction is added to a defendant's record, but no further punishment is given" called?
Unconditional Discharge
True or False: A defendant who gets a conditional discharge has the conviction on their record, but they receive no further punishment: the state releases them without conditions.
False
What type of sentencing approach does New York use for felonies?
Indeterminate Sentencing Approach
What are the six sentencing options?
1) Imprisonment
2) Probation
3) Conditional Discharge
4) Unconditional Discharge
5) Fine
6) Split Sentence
What is "a prison term combined with probation/conditional discharge" called?
Split Sentence
True or False:
Both probation and conditional discharge allow the court to maintain continuing power over the defendant, and to impose a prison sentence if they violate the conditions.
True
How many siblings does Mr. Xu have?
1