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chapter 9 Material Type: Notes; Class: SURVEY CRIMINAL JUSTICE-RS; Subject: Law/Justice; University: Rowan University; Term: Fall 2010;
Typology: Study notes
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-act of taking revenge on a criminal perpetrator
-offenders deserve the punishment they receive at the hands of the law -punishments are appropriate to crime
-use of imprisonment to reduce the likelihood that the offender will repeat the crime
-inhibit criminal behavior through fear
-prevent offender from repeating crimes
-prevent repetition by making offender an example
-reforming a criminal offender
-attempting to make the offender “whole again”
1: Crime committed out of a need for money, thrill, revenge, “just for the hell of it” 2: how much harm the offender intended 3: how much the victim contributed to their victimization 4: extent of the damages inflicted 5: mental state of offender 6: what the likelihood of successful rehabilitation is 7: degree the offender cooperated with authorities
-determinate, presumptive, and voluntary/advisory sentencing guidelines
-recommended sentencing policies that are not required by law
-formulated by commissions -appropriate sentencing of a specific charge falls within a range of sentences authorized by guidelines -judges expected to follow -mechanism is in place for review of any departure of guidelines
-relating to the commission of a crime that make is more grave than the average instance of that type of crime
-includes the use of court-ordered community service, home detention, day reporting, drug treatment, psychological counseling, victim- offender programs, or intensive supervision in lieu of other, more traditional sanctions, such as imprisonment and fines
-a written document describing the losses, suffering, and trauma experienced by the crime victim or by the victim’s survivors -before sentencing
-good & bad -people may or may not pay -prevent repeat crimes
-death penalty
-to have or produce a body -A writ to bring a person before a court or a judge, most frequently used to ensure that a person's imprisonment, detention, or commitment is legal
-establishment of the US sentencing commission that the guidelines developed by the commission could be applied in federal cases nationwide -federal sentencing commission -challenge was the legislature (congress)
-any fact that increases the penalty for a crime beyond the prescribed statuary maximum is, in effect, an element of the crime, which must be submitted to a jury and proved beyond a reasonable doubt -CASE: white man fires an illegal firearm into a black family’s house, initially charged with the possession of an illegal firearm, then they discover his hate crime and add charges
-the maximum sentence a judge may impose is a sentence based upon the facts admitted by the defendant or proved to a jury beyond a reasonable doubt
-limits the number of appeals a condemned person may lodge with the courts -prisoners use to delay death penalty
-state prisoners could not cite “procedural default” -reinforcement of McCleskey v Zant
before appeals based on claims of new evidence could be heard a petitioner must show that, in light of the new evidence, it is more likely than not that no reasonable juror would have found him guilty beyond a reasonable doubt
-no firearms as a means of executions -8th amendment: cruel and unusual punishment -fire squads
-”evolving standards of decency” that may cause reconsideration of 8th amendment
-no death penalty for the rape of a woman -you can recover from rape, not a murder
-Court applied the rule of Apprendi v NJ, to capital sentencing schemes, holding that the 6th amendment requires a jury to find the aggravating factors necessary for imposing the death penalty -CASE: Timothy Ring- armed robbery and murder of a driver, sentenced to death
-personal characteristics of the perpetrator, such as mental inability and age, can be a bar to execution