06 Sentencing and Punishment Free Online FlashCards

What is sentencing?

Sentencing is the court’s decision about the legal consequences of a person’s conviction.

What is just punishment, or retribution?

Retribution imposes a proportionate consequence for the seriousness of the offense.

What principle guides federal sentence length?

Federal law directs judges to impose a sentence sufficient, but not greater than necessary, to meet the statutory purposes of sentencing.

Are the federal Sentencing Guidelines binding on judges?

Federal judges must consider the Sentencing Guidelines range, but since United States v. Booker (2005), the guidelines are advisory rather than binding.

Is judicial sentencing discretion unlimited?

No. Statutes may require minimum penalties or restrict probation, and sentences must stay within legal limits.

How can prosecutors influence sentencing outcomes?

Charging and plea-agreement decisions can affect which penalties are available to the court.

What is probation?

Probation is community supervision, often with conditions such as reporting, treatment, or restrictions on conduct.

What is restitution?

Restitution is repayment to victims when ordered by the court.

What makes a sentencing disparity unwarranted?

A sentencing disparity is a difference in sentences among people or groups. It is unwarranted when people with similar records and conduct receive unequal outcomes without a legitimate sentencing reason.

Where in the justice process can sentencing differences arise?

Differences can arise from charging, plea negotiations, access to legal resources, statutory penalties, local practices, and judicial decisions—not only from the judge’s sentence choice.

How do specific and general deterrence differ?

Specific deterrence aims to discourage the person sentenced from offending; general deterrence aims to discourage others.

What is incapacitation as a sentencing goal?

Incapacitation protects the public by restricting a person’s ability to commit offenses, usually through confinement or restrictive supervision.