Sentencing, Appeals, and the Death Penalty

Topics: Prison, Death Penalty, Penology Pages: 2 (353 words) Published: July 16, 2014
Mod 3 Chapter 9

1. What are five general types of punishment currently being used in the United States? Fines, probation, intermediate punishments, imprisonment, and death.

2.What are some criticisms of determinate sentencing?
It has been argued that the consequences of determinate sentencing include longer prison sentences and overcrowded prisons, a related criticism is that it produces an unusually harsh prison system, and a third is that it merely shifts sentencing discretion from judges to legislatures and prosecutors.

3.Which rationale for criminal punishment is the only one that specifically addresses what has happened in the past and what are its two major forms? Retribution – Revenge and just deserts.

4.What are three organizational considerations that may influence a judge’s sentencing decisions. Plea bargaining, the capacity of the system and the cost benefit question.

5.What is allocution?
The procedure at a sentencing hearing in which the convicted defendant has the right to address the court before the sentence is imposed. During allocution, a defendant is identified as the person found guilty and has a right to deny or explain information contained in the PSI if his or her sentence is based on it.

6.What two steps must be taken before an appellate court will hear and appeal? Generally notice of intent to appeal must be filed within 30-90 days after conviction. Also, within a specified period of time, an affidavit of errors specifying the alleged defects in the trial or pretrial proceedings must be submitted.

7.What was the landmark 1972 decision in which the Supreme Court set aside death sentences for the first and only time in history? Finally, on June 29, 1972, the Supreme-Court set aside death sentences for the first time. The court held that the capital punishment statues in those cases were unconstitutional because they gave the jury complete discretion to decide whether to impose the death penalty or a lesser...
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