Chpt 9

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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