Chapter 13

Key Terms

1. Corpus Delicti – Proof of an act and that the act resulted from the illegal actions of the defendant; also called proving the crime.
2. Continuance – A court-authorized postponement of a case to allow the prosecution or defense more time to prepare its case.
3. Discovery – The process that entitles a suspect to review certain information gathered by the prosecutor.
4. Trial Jury – A group of citizens (usually twelve) who decide on the guilt or innocence of a defendant.
5. General Defense – Justification or excuse for criminal conduct that are applicable to all criminal offenses.  
6. Justification Defense – Defenses that admit to the criminal conduct, but claim it was justified by overwhelming circumstances, such as self-defense.
7. Excuse Defense – Defenses that claim that criminal conduct should be excused because the defendant cannot be held responsible for it. Insanity and duress are examples.
8. Jury Nullification – Acquittal of a defendant despite facts that show guilt.
9. Retribution – Punish applied simply in proportion to the seriousness of the offense.

10.  Incapacitation – Prevention of further criminal behavior by physically restraining the offender from engaging in any future misconduct (usually through incarceration).

11.  Selective Incapacitation – Identification of potential high-rate offenders for incarceration for longer periods as a means of reducing crime.

12.  Habitual Offender Laws – Laws that subject multiple offenders to periods of incarceration ranging up to life imprisonment, on the grounds that they must be physically separated from society from their criminal conduct.

13.  Deterrence – Prevention of crime through the examples of offenders being punished.

14.  Rehabilitation – The view that sees criminal behavior as stemming from social or psychological shortcomings; the purpose of sentencing is to correct or treat these shortcomings in order to prevent future crimes.

15.  Suspended Sentence – A delayed imposition of a prison sentence that requires the offender to fulfill special conditions such as alcohol, drug, or gambling treatment or payment of restitution.

16.  Presentence Report – A report conducted by a probation officer into an offender’s background to assist the judge in determining an appropriate sentence.

17.  Indeterminate Sentencing – A system of sentencing that empowers the judge to set a maximum sentence (up to the limit set by the legislature), and sometimes a minimum sentence, for the offender to serve in prison.

18.  Determinate Sentencing – A sentencing system that permits judges to impose fixed sentences that cannot be altered by a parole board.

19.  Truth in Sentencing – A sentencing provision that requires offenders to serve the bulk of their sentence (usually 85 percent) before they can be released.

20.  Mandatory Sentencing – Fixed sentences for offenders convicted of certain types of crimes such as gun-related crimes, drug offenses, and drunk-driving offenses.

21.  Guideline Sentencing – Sentences developed by examining the averages of past sentences imposed on various combinations of offenders and offenses and designed to achieve proportionality and uniformity without mandating specific sentences for certain crimes of offenders.

22.  Cruel and Unusual Punishment – A portion of the Eighth Amendment prohibiting criminal penalties that violate “evolving standards of decency that mark the progress of a maturing society.”

Review Questions:

Chapter 13 Questions

1. List the consequence of events in a typical criminal trial. The consequence of events are as follows: defendant is arrested and complaint is filed, preliminary hearing, grand jury returns indictment, discovery proceedings, motions filed, trial, opening statements, government prosecutor’s case, presentation of evidence, defendant’s case, government’s rebuttal case, closing arguments, jury instructed, deliberations, and verdict.  
2. What is required if a jury is to reach a verdict of guilty? If a jury is to reach a verdict of guilty, it must agree that guilt has been proven beyond an unreasonable doubt.
3. What are some arguments for and against considering factors other than the crime in deciding on an appropriate sentence for a convicted offender? These arguments are that sentencing is subject to much criticism and are seen as either too lenient or too severe.
4. Name and describe the four main purposes of sentencing. The four main purposes of sentencing are retribution, incapacitation, deterrence, and rehabilitation. Retribution is a punishment applied simply in proportion to the seriousness of the offense. Incapacitation is the prevention of further criminal behavior by physically restraining the offender from engaging in future misconduct. Deterrence is the prevention of crime through the example of offender being punished. Lastly, rehabilitation is the view that sees criminal behavior as stemming from sociological or psychological shortcomings, having a purpose to correct or treat these shortcomings in order to prevent future crimes.
5. What is a suspended sentence? A suspended sentence is a delayed I position of a prison sentence that requires the offender to fulfill special conditions such as alcohol, drug, or gambling treatment or payment of restitution.
6. Distinguish between indeterminate and determinate sentencing systems. Indeterminate sentencing is a system of sentencing that empowers the judge to set a maximum sentence and sometimes a minimum sentence, for the offender to serve in prison. Determinate sentencing, in contrast, is a sentencing system that permits judges to impose fixed sentences that cannot be altered by a parole board.
7. What is meant by “truth in sentencing”? Truth in sentencing is a sentencing provision that requires offenders to serve the bulk of their sentence before they can be released.
8. What are sentencing guidelines? What effect have they had in the states where they have been adopted? Sentencing guidelines are sentences developed by examining the averages of past sentences imposed on various combinations of offenders and offenses designed to achieve proportionality and uniformity without mandating specific sentences for certain crimes or offenders. The effects of advantage are the promotion of uniformity and proportionality in sentencing without the problems of mandatory sentences. They allow for accurate protection and control of prison populations, allowing departures from guidelines where necessary. The effects of disadvantage are the appearance of deterioration after a few years’ experience and it having to revolve around considerations of justice, not managing the prison population. They also violate constitutional separation of powers by permitting legislatures to set sentences.
9. What protections are provided by the Eighth Amendment to the U.S. Constitution? Protections provided by the Eighth Amendment are that of excessive bail not being required, excessive fines not being imposed, and cruel and unusual punishment not be inflicted.

10.  What is the current legal status of the death penalty? The current legal status of the death penalty is that is can be imposed so long as both aggravating and mitigating circumstances are considered by the judge or jury in a nonarbitrary manner.

11.  Describe the main arguments in support of the death penalty. The arguments in support of the death penalty are on one of four grounds: the death penalty is a necessary punishment as retribution for the life unlawfully taken; the death penalty will deter others from committing murder; the death penalty is less expensive to administer than life in prison; and errors in executing innocent persons are rare.

12.  How has DNA testing changed the way in which convicted criminals are viewed? DNA testing has been instrumental both in convicting and in exonerating suspects linked to serious crimes, but has also proved errors in many criminal convictions.