Chapter 13 Vocabulary & Outline

"Trial & Sentencing"

01. corpus delicti - proof of an act and that the act resulted from the illegal actions of the defendant; also called the proving the crime.

02. continuance - A court authorized postponement of a case to allow the prosecution or defense more time to prepare its cases.

03. discovery - The process that entitles a suspect to review certain information gathered by the prosecutor.

04. trial jury - A group of citizens (usually twelve) who decide on the guilt or innocence of a defendant.

05. general defenses - justifications or excuses for criminal conduct that are applicable to all criminal offenses.

06. justification defenses - Defenses that admit to the criminal conduct, but claim it was justified by overwhelming circumstances, such as self-defense.

07. excuse defenses - Defenses that claim that criminal conduct should be excused because the defendant cannot be held responsible for it. Insanity and duress are examples.

08. jury nullification - Acquittal of a defendant despite facts that show guilt.

09. retribution - Punishment 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 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 in order to protect society from their criminal conduct.

13. deterrence - Prevention of crime through the example 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 those shortcomings in order to prevent future crimes.

15. suspended sentence - A delayed imposition that requires the offender to fulfill special conditions such as alcohol, drug, or gambling treatment or payment of restitution.

16. pre-sentence 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%) before they can be released.

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

21. guideline sentences - 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 types of crimes or 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.

Outline
What Happens at Trial?
`More than 90% of criminal cases are resolved through guilty pleas.
`When a trial takes place, it begins with the selection of the jury, usually consisting of twelve members.
`After a jury has been selected, the prosecution and defense counsel make opening statements. The body of the trial consists of the presentation of the prosecutor's evidence and the statements of witnesses, followed by the presentation of the case for the defense.
`A major issue in criminal defense is the new tendency to focus on the offender rather than on the criminal act. This has led to the creation of new defenses that attempt to go beyond the traditional boundaries of concepts such as self-defense.
`When all the evidence has been presented, the prosecution and defense make their final arguments to the jury. This stage is followed by the judge's instruction to the jury.
`In order for a defendant to be found guilty, the jury must agree unanimously that guilt has been proved beyond a reasonable doubt.

How Do Judges Decide On A Sentence?
`In order to individualize sentences on the basis of the nature of the offender and the circumstances of the offense. judges may choose sentences within a range established by the law.
`When a judge sentences for purposes of retribution, punishment is applied simply in proportion to the seriousness of the offense.
`Sentences based on the concept of incapacitation are intended to prevent further criminal behavior by the offender.
`Habitual offender laws such as "three-strikes" statutes apply to the offenders who have committed two or more offenses within a certain period.
`Deterrence aims to prevent crime through the example of offender's being punished.
`The rehabilitation approach sees criminal behavior as stemming from social or psychological shortcomings. The purpose of a sentence aimed at rehabilitation is to correct or treat these shortcomings.
`Depending on the range of alternatives provided by law, a judge usually can fine an offender or impose a sentence of probation, incarceration, or restitution.
`Occasionally a judge suspends(delays) a prison sentence on condition that the offender participate in an alcohol, drug, or gambling treatment program or pay restitution.
`A pre-sentence report is written by a probation officer after an investigation of an offender's background; the report is designed to help the judge decide on an appropriate sentence.

How Do Sentencing Options Differ?
`Indeterminate sentencing systems empower the judge to set a maximum sentence; throughout the sentence a parole board reviews the offender's progress in order to determine whether early release is justified.
`Determinate sentencing systems permit the judge to impose fixed sentences that cannot be altered by a parole board.
`The trend toward determinate sentencing has produced significant increases in prison populations.
`Mandatory sentences are fixed sentences imposed on individuals convicted of certain types of crime.
`Truth-in-sentencing laws endeavor to establish a closer relationship between sentence imposed and actual time served.
`Sentencing guidelines recommend a "guideline sentence" based on past average sentences and taking into account the seriousness of the crime and the offender's prior record.

How Does The Eight Amendment Restrict Sentencing?
`The Eight Amendment bars excessive bail, excessive fines, and cruel and unusual punishment.
`The Supreme Court has ruled that the death penalty is cruel and unusual punishment except in cases of murder.

What Is The Answer To The Death Penalty Debate?
`There has been considerable controversy over how the death penalty is applied, with some critics claiming that it is imposed arbitrarily against minorities.
`Recent Supreme Court rulings require that courts consider both aggravating and mitigating factors in determining the appropriateness of a particular sentence, including the death sentence.
`Some supporters of the death penalty believe that it is a necessary punishment as retribution for the life unlawfully taken. There is little evidence that the death sentence has been effective as a form of retribution.
`Another common argument in support of capital punishment is that the death penalty will prevent future crime by deterring future murders. Studies have found that there is no difference in homicide rates in states that have retained, abolished, and reinstituted capital punishment.
`Some death penalty proponents argue that execution is less costly to the state than life imprisonment, but studies show that this is not the case.
`Supporters of capital punishment contend that innocent persons are rarely executed, but studies have found numerous cases of erroneous convictions in death penalty cases. Analysis of DNA evidence has proved that suspects are convicted in error more often that was previously imagined.