Criminal Justice Chapter 9Presentation Assignment By: Ciara Hairston & Kiya Holland May 4, 2012
Question # 1 Identify the general factors that influence a judge’s sentencing decisions?
Book Answer In, 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 Answer The judges are limited by there statutory provisions such as there beliefs and opinions.
Question # 2 Describe how judges tailor sentences to fit the crime and the offender?
Book Answer Judges 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.
Question # 3 Distinguish between indeterminate and determinate.
Book Answer An indeterminate sentence has fixed minimum and maximum term of incarceration,
Incarceration and eliminates the decision-making responsibility of parole boards.
Question # 4 Explain the 3 basic types determinate sentence?
Book Answer There 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.
Question # 5 List five rationales or justifications for criminal punishment?
Book Answer Five rationales or justifications for criminal punishment are: Retribution Incapacitation
Question # 6 Explain the purposes of presentences investigation reports?
Book Answer Presentence investigation reports. (PSls)
Help judges determine the appropriate sentences for particular defendant.
And Prisoners according to their treatment needs and their security risks.
Question # 7 List the legal bases for appeal.
Book Answer Defendants 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
Question # 8 Identify the type of crime which death may be a punishment.
Book Answer In the United States, death is the ultimate punishment.
At the state level, death can be imposed only for the crime or aggravated murder.
Question # 9 Summarize 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.