Exam 9: Trials and Sentencing

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

The term 'selective incapacitation' refers to the identification of potential high-rate offenders for incarceration for longer periods as a means of reducing crime.

___________ as a purpose of sentencing aims to prevent crime through the example of offenders' being punished.

__________ can be used as punishment upon conviction for any offense.

One cause of delays in the adjudication procedure is a process called __________,which entitles a suspect to see certain information gathered by the prosecutor.

Rehabilitation 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.

A delayed imposition of a prison sentence that requires the offender to fulfill special conditions such as alcohol,drug,or gambling treatment or payment of restitution is called a(n)__________.

The __________was founded in 1992 by Barry C.Scheck and Peter J.Neufeld at the Benjamin N.Cardozo School of Law at Yeshiva University to assist prisoners who might be proven innocent through DNA testing.

A major criticism of capital punishment is its __________.Proponents of the death penalty argue that errors are rare;but in a criminal justice system based on inexact legal standards such as "probable cause" and "proof beyond a reasonable doubt," there is always room for error.

Defenses that claim that criminal conduct should be excused because the defendant cannot be held responsible for it are called __________.

In recent years jury nullification has occurred in some cases;that is,defendants have been acquitted despite facts that show guilt.

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

Justifications or excuses for criminal conduct that are applicable to all criminal offenses are called __________.

The portion of the __________ Amendment that has been most rigorously scrutinized is the prohibition of cruel and unusual punishment.A punishment is considered cruel and unusual if,in the words of the Supreme Court,it violates "evolving standards of decency that mark the progress of a maturing society."

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

Judges have the discretion to grant a __________ to allow the defense to locate a witness,prepare motions,obtain medical reports,or for other reasons.This ensures that the most complete information is available for a criminal proceeding.

A sentencing provision that requires offenders to serve the bulk of their sentence (usually 85 percent)before they can be released is called __________.

General deterrence is aimed at preventing future crimes by a particular offender.

__________ defenses argue the act should be excused because the defendant cannot be held responsible for it.Insanity and duress are examples of these defenses.

Prosecuting any criminal case requires __________ (or proving the crime),which consists of proof of the act and that the act was the result of the illegal actions of the defendant.