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Flashcards in Random Shit 5 Deck (13)
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1

Sentence

is the punitive penalty ordered by the court after a defendant has been convicted of a crime either by a jury, in a bench trial by a judge, or in a plea bargain.
◦Juveniles (unless tried as an adult) receive their sentence after they are adjudicated (not convicted).

2

The goals of sentencing are to implement one or more of the punishment philosophies:

◦retribution
◦deterrence
◦incapacitation
◦rehabilitation

3

Indeterminate Sentence:

Consists of a range of years to be determined by the offender’s behavior after conviction.

4

◦Determinate Sentence:

A custodial sentence of a fixed number of years.

5

◦Mandatory Sentence:

A minimum time to be served is set by law.

6

◦Truth-in-sentencing laws:

Require that there be a truthful connection between sentences imposed and the time the offender actually ends up serving.

7

◦Concurrent Sentence:

A sentence in which two separate sentences (for two separate crimes) may be served at the same time. (The separate crimes did not have to occur at the same time).

8

◦Consecutive Sentences:

A sentence in which two or more sentences must be served sequentially.

9

Habitual Offender Statutes

◦Statutes mandating that offenders with a third felony conviction be sentenced to life imprisonment regardless of the nature of the third felony.

◦However, often an offenders third strike is “stricken”, so he/she is not sentenced to life in prison.

10

Shock Probation

Basically allows first time young offenders to be released on probation over a short imprisonment

11

Split Sentences

◦A sentence that requires a convicted person to serve a brief period of confinement in a county jail prior to probation placement.

◦An offender could also serve his/her split sentence on work release. (Going to work during the day and spending the nights and weekends in jail).

12

Victim Impact Statements and Sentencing

◦1982: President Ronald Regan created the Presidents Task Force on Victims of Crime. This brought forth the Victim Impact Statement.


◦A victim impact statement is a written or oral statement made as part of the judicial legal process, which allows crime victims the opportunity to speak during the sentencing of the convicted person or at subsequent probation or parole hearing.

13

THE PRESENTENCE INVESTIGATION REPORT

◦Usually written by probation officers (county and federal) informing the judge of various aspects of the offense for which the defendant is being sentenced as well as information about the defendant’s background (educational, family, and employment history), gang ties, substance abuse, character, and criminal history.

◦The officer writing the report will also make a recommendation on sentencing and whether probation is an appropriate option. The report will also include aggravating and mitigating circumstances. If it is a 290 registrable sex offense, then a risk assessment will be done (known as the Static 99 in California).