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List and contrast the four basic philosophical reasons for sentencing criminals.
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Contrast indeterminate with determinate sentencing.
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List and contrast the four basic philosophical reasons for sentencing criminals. (a) Retribution, (b) deterrence, (c) incapacitation, and (d) rehabili-tation. Under the principle of retributive justice, the severity of the punishment is in proportion to the severity of the crime.Such punishment is based on its deterrent value and not
Contrast indeterminate with determinate sentencing. Indeterminate sentencing follows from legislative penal codes that set minimum and maximum amounts of incarceration time. Determinate sentencing carries a fixed amount of time, although this may be reduced for “good time.”
Explain why there is a difference between the sentence imposed by a judge and the actual sentence served by the prisoner. Although judges may decide on indeterminate sentencing, thereafter it is parole boards that decide when prisoners will be released after the minimum sentence is served.
State who has input into the sentencing deci-sion and list the factors that determine a sentence. The prosecutor, defense attorney, probation officer, and judge provide inputs. Te factors considered in sentencing are (a) the seriousness of the crime, (b) mitigating circumstances, (c) aggravating circumstances, and (d) judicial philosophy.
Explain some of the reasons why sentencing reform has occurred. One reason is sentencing disparity, which is indicative of a situation in which those convicted of similar crimes receive dissimilar sentences. Sentencing discrimination has also occurred on the basis of defendants’ gender, race, or economic standing.
Identify the arguments for and against the use of victim impact statements during sentencing hearings. victim statements that allow victims to provide evidence in same manner as defendants & give victims “voice” in sentenc process. argue statements bring unacceptable emotion &encourage judges/juries in decisions based on “social value” of victim than fact
Identify the two stages that make up the bifur-cated process of death penalty sentencing. 1st stage bifurcated process a jury to find the defendant guilty or not guilty of a crime that is punishable by execution. If the defendant is found guilty, then, in the second stage, the jury reconvenes to decide whether the death sentence is warranted.
Explain why the U.S. Supreme Court abolished the death penalty for juvenile offenders. In its Roper v.Simmons, Supreme Court ruled that national “evolving standards of decency” no longer justified execution of juvenile offenders.offenders understood to be less blameworthy than adults of various issues relating to immaturity & irresponsibility.
Describe the main issues of the death penalty debate. Many favor capital punishment “just deserts” for most violent criminals. Those oppose see act as revenge.the acts as a deterrent. high # of death row inmates found innocent. the process arbitrary.administered unfairly to members of minority groups.
 

 



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