SENTENCING OPTIONS

1) Capital offense - offense where death penalty is authorized

 2) Conditions of confinement lawsuit - prisoner lawsuits complaining about prison conditions

 3) Cruel and unusual punishment - Eighth Amendment limit on punishments

 4) Determinate sentence - sentence for a definite number of years imprisonment (fixed sentence)

 5) Deterrence theory - fear of punishment will keep others from committing crime

 6) Direct restitution - offender makes monetary payments to victim

 7) Furman v. Georgia (1972) - Supreme Court decision invalidating all state capital punishment laws

 8) Good time - reduction in sentence earned by good behavior in prison

 9) Gregg v. Georgia - Supreme Court validated controlled discretion of capital punishment; statutes

 10) Incapacitation - prevent future crime by this defendant (incarcerating or executing defendant)

 11) Indeterminate sentence - sentence with a minimum term

 12) Intermediate sanction - punishments between ordinary probation and imprisonment

 13) Just deserts - theory that offenders deserve to be punished

 14) Pardon - executive clemency that wipes out conviction

 15) Parole - conditional release from prison (supervision and conditions)

 16) Parole board - executive branch agency that makes parole decisions

 17) Probation - offender allowed to remain in the community with supervision / conditions

 18) Rehabilitation - treating / changing offender to eliminate their offending

 19) Restitution - requirement that offender provide reparation t the victim

 20) Retribution - punishment proportional to harm inflicted

 21) Selective incapacitation - for those with high probability of recidivism

 22) Symbolic restitution – paid through community service rather than directly to victim