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Sentencing in Criminal Justice Flashcards

Sentencing in Criminal Justice Flashcards
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Arguments Against Capital Punishment

Is not a deterrent to crime and does not lead to rehabilitation

Methods are often ineffective and process is expensive

Is not used by most other developed nations

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Rehabilitation
A treatment that aims to reform a criminal into a productive, law-abiding citizen by identifying underlying reasons for criminal actions and treating with things like therapy and job training
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The Eighth Amendment and Capital Punishment

The amendment to the U.S. Constitution that prohibits the use of cruel and unusual punishments

Execution methods have changed over time to prevent violation of amendment

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Furman v. Georgia
The 1972 U.S. Supreme Court case that ruled that previous laws governing the use of the death penalty were arbitrary and subjective and therefore violated the Eighth Amendment
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Capital Punishment
Punishment for a crime with the death penalty
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White Collar Crime

Crime committed by a government professional or a business that involves lying, cheating, or stealing for financial gain

Disregard the financial consequences of their crimes

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Restitution

The repayment of victim expenses resulting from a crime, like lost wages or medical expenses

Ineffective for criminals that are indifferent to their crime's financial consequences

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14 cards in set

Flashcard Content Overview

You're at home watching your favorite law drama. At the end of the trial, the judge asks, 'Has the jury reached a verdict?' The jury responds, 'We have, your Honor. We, the jury, find the defendant guilty as charged.' Though the next step is not always shown on TV, the sentencing of a convicted criminal is a very important part of the criminal justice system. This flashcard set will help you review the types of sentences that can be given to convicted criminals and the reasons, goals, and issues with them.

Front
Back
Restitution

The repayment of victim expenses resulting from a crime, like lost wages or medical expenses

Ineffective for criminals that are indifferent to their crime's financial consequences

White Collar Crime

Crime committed by a government professional or a business that involves lying, cheating, or stealing for financial gain

Disregard the financial consequences of their crimes

Capital Punishment
Punishment for a crime with the death penalty
Furman v. Georgia
The 1972 U.S. Supreme Court case that ruled that previous laws governing the use of the death penalty were arbitrary and subjective and therefore violated the Eighth Amendment
The Eighth Amendment and Capital Punishment

The amendment to the U.S. Constitution that prohibits the use of cruel and unusual punishments

Execution methods have changed over time to prevent violation of amendment

Rehabilitation
A treatment that aims to reform a criminal into a productive, law-abiding citizen by identifying underlying reasons for criminal actions and treating with things like therapy and job training
Arguments Against Capital Punishment

Is not a deterrent to crime and does not lead to rehabilitation

Methods are often ineffective and process is expensive

Is not used by most other developed nations

Three Strikes Statutes

Controversial laws that enact automatic harsh punishments, like life sentences, in response to an offender being convicted of their third felony

Leads to prison overcrowding

Split Sentence
An alternative sentence for an offender that involves a discontinuous period of incarceration, such as only on weekends
Brady Act

The federal law that requires official background checks to be performed by firearms dealers prior to firearm transfers

Enforced by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF)

Motion
An official request for a hearing or ruling on part of a case, filed during any part of the trial process
Motion for a New Trial

A motion filed after a trial has been completed requesting for a verdict to be dismissed and a new trial to be held

Only granted when serious problems with jury or evidence allowed in the trial

Motion to Vacate, Set Aside, or Correct a Sentence
A motion filed after a trial has been completed in which a significant error in sentencing was made
Pre-Sentence Investigative Report
A report on the background, situation, and wishes of a defendant found guilty of a crime, compiled prior to sentencing

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