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21 Cards in this Set
- Front
- Back
the philosophy that those who commit criminal acts should be punished based on the severity of the crime and that no other factors need to be considered
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retribution
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sanctioning philosophy based on the assertion that criminals deserve to be punished for breaking society's rules; based just on severity of crime
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just deserts
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strategy of preventing crime through the threat of punishment. assumes that potential criminals will weigh the costs of punishments versus the benefits of the criminal act; therefore, punishments should be severe
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deterrence
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strategy for preventing crime by detaining wrongdors in prison, thereby separating them from the community and reducing criminal opportunities
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incapacitation
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philosophy that society is best served when wrongdoers are not simply punished, but provided the resources needed to eliminate criminality from their behavioral patterns
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rehabilitation
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indeterminate term of incarceration in which a judge determines the minimum and maximum terms of imprisonment; when the minimum term is reached, the prisoner becomes eligible to be paroled
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indeterminate sentencing
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period of incarceration that is fixed by a sentencing authority and cannot be reduced by judges or other corrections officials
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determintate sentencing
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reduction in time served by prisoners based on good behavior, conformity to rules and other positive actions
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"good time"
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legislative attempts to assure that convicts will serve approximately the terms to which they were initially sentenced
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truth-in-sentencing laws
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investigative report on an offender's background that assists a judge in determining the proper sentence
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presentence investigative report
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actual offense committed, as opposed to the charge levied by a prosecutor as the result of a plea bargain; judges who make sentencing decisions based on the real offense are often seen as undermining the plea bargain process
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"real offense"
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any circumstances accompanying the commission of a crime that may justify a lighter sentence
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mitigating circumstances
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any circumstances accompanying the commission of a crime that may justify a harsher sentence
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aggravating circumstances
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situation in which those convicted of similar crimes do not receive similar sentences
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sentencing disparity
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situation in which the length of a sentence appears to be influenced by a defendant's race, gender, economic status, or other factor not directly related to the crime he or she committed
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sentencing discrimination
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sentencing strategy in which legislators set the average sentence that should be served for any particular crim, leaving judges with the ability to shorten or lengthen the sentence based on the circumstances of each case
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presumptive sentencing
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legislatively determined guidelines that judges are required to follow when sentencing those convicted of specific crimes; those guidelines limit judicial discretion
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sentencing guidelines
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stipulation in many federal and state sentencing guidelines that allows a judge to adjust his or her sentencing decision based on the special circumstances of a particular case
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departure
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statutorily determined punishments that must be applied to those who are convicted of specific crimes
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mandatory sentencing guidelines
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statutes that require lengthy prison sentences for those who are convicted of multiple felonies
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habitual offender laws
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the use of the death penalty to punish wrongdoers for certain crimes
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capital punishment
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