Exam 9: Trials and 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 or offenders.

A probation sentence allows the offender to remain in the community under the supervision of the court.Probation is the most widely used form of criminal sentence,because most crimes are not violent and most offenders are not dangerous.

After the prosecution has conducted a direct examination of each of its witnesses,the defense may __________ those witnesses for inconsistencies,contradictions,or uncertainty.

When a judge sentences for purposes of retribution,punishment is applied simply in proportion to the seriousness of the offense.

__________ aims to prevent crime through the example of offenders being punished.

When a judge sentences for purposes of ___________,punishment is applied simply in proportion to the seriousness of the offense.

The term __________ refers to providing fixed sentences for offenders convicted of certain types of crimes such as gun-related crimes,drug offenses,and drunk-driving offenses.

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

What is the purpose of a 'continuance'? Please explain.

Justification defenses argue the act should be excused because the defendant cannot be held responsible for it.

In _____ the U.S.Supreme Court ruled that for the crime of rape the death penalty is excessive and disproportionate and therefore unconstitutional.

What is 'jury nullification' and why do you think this happens?

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 is called __________.

Many states have __________ laws based on the notion of incapacitation.These laws can be applied to certain offenders who have committed two or more offenses within a certain period (usually ten years).

The __________ 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.