Trials
Sentencing Options
Sentencing Differences
Eighth Amendment
Death Penalty
100
A court-authorized postponement of a case to allow the prosecution or defense more time to prepare its case
Continuance
100
Punishment applied simply in proportion to the seriousness of the offense
Retribution
100
A system of sentencing that empowers the judge to set a maximum sentence and sometimes a minimum sentence, for the offender to serve in prison.
Indeterminate Sentencing
100
Pretrial release where the court holds money or property to ensure that the arrestee will appear for trial
Bail
100
In 1972, the court ruled that the administration of the death penalty in Georgia constituted cruel and unusual punishment.
Furman v. Georgia
200
The process that entitles a suspect to review certain information gathered by the prosecutor.
Discovery
200
Prevention of crime through the example of offenders being punished.
Deterrence
200
Fixed sentences for offenders convicted of certain types of crimes such as gun-related crimes, drug offenses, and drunk-driving offenses.
Mandatory Sentences
200
"Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishment inflicted."
Eighth Amendment
200
In 2000, the Supreme Court held that when a jury is confused about sentencing instructions in a capital case, a judge need not explain explicitly that the jury might impose a life prison sentence rather than the death penalty.
Weeks v. Angelone
300
Justifications or excuses for criminal conduct that are applicable to all criminal offenses.
General Defenses
300
A report conducted by a probation officer into an offender's background to assist the judge in determining an appropriate sentence.
Presentence Report
300
This act severely limited the ability of federal judges to sentence offenders below the recommended guideline sentence.
Protect Act of 2003
300
It was declared that a bail is excessive if it were “a figure higher than is reasonably calculated.”
Stack v. Boyle
300
In 1987, he was charged with armed robbery and murder for killing a white police officer who was answering a silent alarm during a store robbery.
McCleskey v. Kemp
400
Acquittal of a defendant despite facts that show guilt.
Jury Nullification
400
This occurs when offenders with similar histories commit similar crimes but receive widely different sentences.
Disparity
400
Sentences developed by examining the averages of past sentences imposed on various combinations of offenders and offenses and designed to achieve proportionality and uniformity without mandating specific sentences for certain crimes of offenders.
Guideline Sentences
400
A portion of the Eighth Amendment prohibiting criminal penalties that violate "evolving standards of decency that mark the progress of a maturing society."
Cruel and Unusual Punishment
400
In 1976, he was found guilty of two counts of armed robbery and two counts of murder.
Gregg v. Georgia
500
The judge, the prosecution, and defense screen potential jurors by asking them questions.
Voir Dire
500
The offender must make compensation to the victim for any losses caused by the offense.
Restitution
500
This act aims in the cutting down the inequality between crack and powder cocaine offenses, eliminating the mandatory minimum sentence for simple possession of crack cocaine.
Fair Sentencing Act of 2010
500
U.S. Supreme Court held that preventive detention without bail on grounds of predicted future dangerousness does not violate the Eighth Amendment.
U.S. v. Salerno
500
In this film, the inmate is on death row because of the brutal rapes and murders that he committed and elicits the help of a nun during his time in prison.
Dead Man Walking