Exam 9: Trials and Sentencing

What does it mean to sequester a jury? What is the purpose of sequestering a jury?

The presentence report is designed to help the judge decide on an appropriate sentence within the limits established by law.This report is written by a probation officer after an investigation of the offender's background.

__________ is punishment and is applied simply in proportion to the seriousness of the offense.The "eye for an eye" system of justice described in the Old Testament is an early form of this.According to this concept,the more serious the crime,the more serious the punishment should be.

In rare circumstances the jury is ___________: Jurors are housed in a hotel for the duration of the trial,and their access to newspapers,television,and other media is closely monitored.

A __________ refers to a group of citizens (usually twelve)who decide on the guilt or innocence of a defendant.

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

A sentencing system that permits judges to impose fixed sentences that cannot be altered by a parole board is called __________.

A 'discovery' is a court-authorized postponement of a case to allow the prosecution or defense more time to prepare its case.

__________ or "reformation" sees criminal behavior as a consequence of social or psychological shortcomings.The purpose of the sentence is to correct or treat these shortcomings in order to prevent future crimes.

Specific deterrence is directed at preventing crime among the general population.

Sentences based on the concept of incapacitation are intended to prevent further criminal behavior by physically restraining the offender from engaging in future misconduct.

What is the key distinction between 'justification defenses' and 'excuse defenses'?

The right to a trial jury dates from the signing of the Magna Carta in 1215 and is incorporated into both Article III of the Constitution and the Sixth Amendment,which states that 'in all criminal prosecutions,the accused shall enjoy the right to a speedy and public trial by an impartial jury.'

A __________ is the process that entitles a suspect to review certain information gathered by the prosecutor.

Excuse defenses claim that the act was justified by overwhelming circumstances,such as self-defense.

What is 'jury selection' and how are juries selected? Please explain.

__________ aims to prevent further criminal behavior by physically restraining the offender from engaging in future misconduct.The primary method of this in the United States is incarceration,although other methods also are used,such as suspending a driver's license or a license to practice law in cases of crimes committed by drivers or lawyers.

The lack of empirical evidence to support the four basic purposes of sentencing has contributed to concern about disparity in sentences.