Criminal Justice Chapter 9

Presentation Assignment

By: Ciara Hairston&

Kiya HollandMay 4, 2012

Question # 1Identify the general factors that influence a judge’s sentencing

decisions?

Book AnswerIn, sentencing, judges are

limited by statutory provisions;

guided by prevailing philosophical rationales, organizational

consideration and

presentence investigation reports; and influenced by their own personal

characteristics.

Our AnswerThe judges are limited by there

statutory provisions such as there beliefs and opinions.

Question # 2Describe how judges tailor sentences

to fit the crime and the offender?

Book AnswerJudges have several ways to tailor

sentences to fit the crime and offender. They can impose a

combination sentence of imprisonment, probation, and fine.

They can suspend the imprisonment portion of a combination sentence, or they can suspend the entire sentence

if the offender stays out of trouble, makes restitution to the victim or

seeks medical treatment.

Judges can give the offender credit for the time spent in jail while awaiting trial, deducting that time from any

prison sentence.

A judge may even impose a sentence of “time served” and release the

offender. When an offender is convicted of two or more crimes, a

judge can order the prison sentences to run concurrently or consecutively. Judges can also delay sentencing and retain the right to impose a sentence at a later date if conditions warrant it.

Our Answer

Question # 3 Distinguish between indeterminate

and determinate.

Book AnswerAn indeterminate sentence has fixed

minimum and maximum term of incarceration,

rather than a set period. A determinate sentence,

Incarceration and eliminates the decision-making responsibility of

parole boards.

Our answer

Question # 4Explain the 3 basic types determinate

sentence?

Book AnswerThere are 3 types of determinate

sentences: flat-time, mandatory, and presumptive. With flat-time

sentencing, judges may choose between probation and imprisonment

but have

Little discretion setting the length of a prison sentence. With mandatory sentencing, a specified number of

years of imprisonment.

Usually within a range is provided for particular crimes. Mandatory

sentencing generally allows credit for good time but does not allow release on parole. Presumptive

sentencing allows a judge to retain some sentencing discretion (subject

to appellate review.)

It requires a judge to impose the normal sentence, specified by

statute, on a “normal” offender is not normal-if there are mitigating or

aggravating circumstances-then the judge is allowed to deviate from the

presumptive sentence.

Our Answer

Question # 5List five rationales or justifications for

criminal punishment?

Book Answer Five rationales or justifications for

criminal punishment are:Retribution

Incapacitation

Deterrence

Rehabilitation

Our Answer

Question # 6Explain the purposes of presentences

investigation reports?

Book AnswerPresentence investigation reports.

(PSls)

Help judges determine the appropriate sentences for particular defendant.

PSLs are also used in the classification of probationers and parolees

And Prisoners according to their treatment needs and their security

risks.

Our Answer

Question # 7List the legal bases for appeal.

Book AnswerDefendants can appeal their

convictions either on legal grounds.

Such as defects in jury selection, improper admission of evidence at

trial, mistaken interpretations of law or on constitutional grounds.

Such as defects inn injury selection, improper questioning of the

defendant by the police.

Identification of the defendant through a detective police lineup, and

incompetent assistance of counsel

Our Answer

Question # 8Identify the type of crime which death

may be a punishment.

Book AnswerIn the United States, death is the

ultimate punishment.

At the state level, death can be imposed only for the crime or

aggravated murder.

And a few other seldom-committed offenses.

Our Answer

Question # 9Summarize the three major procedural

reforms the U.S. Supreme Court approved for death penalty cases in the Gregg

decision.

Book Answer• The three major reforms the court approved

in Gregg.

Were bifurcated

Our Answer