Question | Answer |
corporal punishment | The administration of bodily pain as punishment for a crime. |
deterrence | The philosophy and practices that emphasize making criminal behavior less appealing. |
specific deterrence | A concept based on the premise that a person is best deterred from committing future crimes by the specific nature of the punishment. |
specific deterrence | A concept based on the premise that a person is best deterred from committing future crimes by the specific nature of the punishment. |
general deterrence | The concept based on the logic that people who witness the pain suffered by those who commit crimes will want to avoid that pain and will refrain from criminal activity. |
incapacitation | Deterrence based on the premise that the only way to prevent criminals from reoffending is to remove them from society. |
banishment | The removal of an offender from the community |
transportation | The eighteenth-century practice by Great Britain of sending offenders to the American colonies and later to Australia. |
retribution | Deterrence based on the premise that criminals should be punished because they deserve it. |
rehabilitation | Deterrence based on the premise that criminals can be “cured” of their problems and criminality and can be returned to society. |
rehabilitation | Deterrence based on the premise that criminals can be “cured” of their problems and criminality and can be returned to society. |
medical model | The rehabilitation model that views criminality as a disease to be cured. |
restorative justice | A model of deterrence that uses restitution programs, community work programs, victim-offender mediation, and other strategies not only to rehabilitate the offender, but also to address the damage done to the community and the victim. |
legally sane | An assumption that a defendant knows right from wrong and that his or her behavior was willful. |
not guilty by reason of insanity | A verdict by which the jury finds that a defendant committed the crime but was insane. |
civil commitment examination | A determination of whether the defendant should be released or confined to an institution for people with mental illness. |
guilty but mentally ill | A new type of verdict in which the jury finds a defendant mentally ill but sufficiently aware to be morally responsible for his or her criminal acts. |
impeachment | A process for removing judges or elected officials from office. |
voir dire process | The questioning of potential jurors to determine whether they have biases that would disqualify them from jury service. |
presentence investigator | A person who works for the court and has the responsibility of investigating the background of the convicted offender and the circumstances surrounding the offense. |
sentencing hearing | A hearing at which the prosecution and the defense have the opportunity to challenge the recommended criminal sanctions. |
victim impact statements | Testimony by victims at a convicted offender’s sentencing hearing. |
indeterminate sentencing | A model of sentencing in which judges have nearly complete discretion in sentencing an offender. |
structured sentencing | A sentencing model (including determinate sentencing, sentencing guidelines, and presumptive sentencing) that defines punishments rather than allowing indeterminate sentencing. |
determinate sentencing | A model of sentencing in which the offender is sentenced to a fixed term of incarceration. |
mandatory sentencing | The strict application of full sentences in the determinate sentencing model. |
habitual offender laws | Tough sentencing laws that punish repeat offenders more harshly. |
three-strikes law | The law that applies mandatory sentencing to give repeat offenders longer prison terms. |
sentencing guidelines | A sentencing model in which crimes are classified according to their seriousness, and a range of time to be served is mandatory for crimes within each category. |
presumptive sentencing | A structured sentencing model that attempts to balance sentencing guidelines with mandatory sentencing and at the same time provide discretion to the judge. |
aggravating factors | Actions that may increase the seriousness of a crime. |
mitigating factors | Actions that show the offender’s remorse or responsibility. |
truth in sentencing | Legislation that requires the court to disclose the actual prison time the offender is likely to serve. |
capital punishment | The sentence of death. |
People opposed to the death penalty. | People opposed to the death penalty. |
bifurcated trial | A two-part trial structure in which the jury first determines guilt or innocence and then considers new evidence relating to the appropriate punishment. |
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