Chat with AIExam 13: Sentencing and Appeals
What are the various forms sentencing can take?
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VerifiedImprisonment, fine, probation, suspended sentence, restitution, and the death penalty.
What type of sentence do you think is most effective to serving the public good: definite sentence, the indefinite sentence, or the indeterminate sentence? Identify the critiques of each sentencing philosophy.
(37) VerifiedAnswers could vary but look for the following:
• Definite sentence: Has some issues with: being severely criticized by reformists as being inflexible. Does not permit any aggravating or mitigating factors, such as age of the offender, prior criminal record, or other circumstances surrounding the commission of the crime to be considered. Since the definite sentencing procedure was inflexible, judges often dismissed a charge against an offender rather than impose a severe definite sentence when there were mitigating circumstances.
• Indefinite sentence: Fits the offender and not the crime. Since sentencing is far from an exact science, determining the number of years to be served was, and still is, a difficult problem. Society's reaction to imposed sentences is also unpredictable.
• Indeterminate: The true indeterminate sentence removes the sentencing of a prescribed number of years from the hands of a judge or a jury. The length of the sentence is determined by a board or committee appointed for that purpose sometime after the imprisonment has been pronounced. The indeterminate sentence has been interpreted to mean that on being sentenced as prescribed by law; the offender has been sentenced to the maximum time prescribed by the statutes for the particular offense.
But the indeterminate sentence process permits the shortening of the offender's sentence on a showing of rehabilitation.
In some states, the indefinite sentence is referred to as:
(24) VerifiedC
The ________ sentence has been attacked by inmates on the allegation that it violates the due process of law because of its uncertainty, and, as such, is cruel and unusual punishment.
(34) In the 1800s, in England banishment served as an additional source of revenue for both the king and the church.
(31) The guarantee against cruel and unusual punishment is in the:
(30) The true indeterminate sentence removes the sentencing of a prescribed number of years from the hands of a judge or a jury.
(27) The Court held in ________ that the death penalty as such was not cruel and unusual punishment but that the indiscriminate manner in which it was applied made the death penalty cruel and unusual punishment.
(34) Imprisonment is the earliest form of punishment and the one most frequently used.
(30) The gas chamber, electric chair, hanging, lethal injection, and firing squad have all been sanctioned by the Court as ________ means of carrying out the death penalty.
(32) ________, like the suspended sentence, permits the convicted offender to remain free from custody, but by being placed on probation, the offender is under the supervision of some person who assists him or her in leading a law-abiding life.
(34) The indeterminate sentence has been attacked by inmates on the allegation that it violates the due process of law because of its uncertainty, and, as such, is ________ punishment.
(34) A sentence to "four years in the state correctional institution" is a(n) ________ sentence.
(33) In Baze v. Rees (2008), 128 S.Ct. 1520, lethal injection was found to be unconstitutional.
(38) Parole is normally granted before sending the offender to an institution.
(31) The following is a typical example of an appellate court citation: State v. Tison, 142 Ariz. 446 (1999). State v. Tison is the title of the decision; 142 refers to the ________ of the official record.
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