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Criminal Sentencing Guidelines

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Probation

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An alternative to incarceration allowing the offender to live in the community under supervision with certain conditions; may include fines, restitution, or community service.

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Youth Sentencing

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The legal process for sentencing individuals under 18; often focuses on rehabilitation and considers factors such as age, maturity, and potential for reform.

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Aggravating Factors

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Factors that can lead to a stiffer sentence, such as a criminal history, use of a weapon, and the crime's brutality.

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Victim Impact Statements

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Statements made by victims or their loved ones during the sentencing phase of a trial to inform the judge of the crime's emotional and financial impact.

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Mental Health Considerations in Sentencing

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Accounting for the defendant's mental health when determining an appropriate sentence to ensure fair treatment and the possibility of treatment.

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Life Without Parole

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A sentence that condemns a convicted felon to life in prison without the possibility of parole, reserved for the most serious crimes.

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Sentencing Hearing

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A court proceeding where the consequences of the crime are determined; includes testimony from the prosecution and defense, victim statements, and consideration of aggravating or mitigating factors.

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Presumptive Sentences

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Sentencing with a standard range established by law for a particular crime; judges may adjust sentences based on mitigating or aggravating factors.

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Capital Punishment

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Also known as the death penalty, this is the most severe form of punishment reserved for the most heinous crimes and influenced by state laws and the federal legal system.

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Mitigating Factors

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Circumstances that can lead to a reduced sentence, such as a lack of prior criminal record, acting under duress, or showing remorse.

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Sentencing Guidelines

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Non-binding frameworks provided to judges to create a uniform sentencing policy for individuals who have been convicted; consider the nature of the crime and the defendant's criminal history.

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Drug Courts

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Specialized court programs that target criminal defendants and offenders, juvenile offenders, and parents with pending child welfare cases who have alcohol and other drug dependency problems.

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Restorative Justice

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A sentencing principle focused on repairing harm through reconciliation with victims and community; considers rehabilitation and reintegration.

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Alternative Sentencing

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Includes non-traditional punishments such as community service or drug treatment programs; aims to serve the best interest of the offender and the community.

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Federal Sentencing Guidelines

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Guidelines used by federal judges to determine the appropriate sentence for defendants convicted of crimes under federal law, taking into account the crime's severity and the defendant's criminal history.

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Concurrent Sentences

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When an individual has been convicted of multiple crimes, concurrent sentences allow them to serve all sentences at the same time.

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Mandatory Sentences

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Sentences which the judge must impose according to the law without discretion; influenced by the severity of the crime and statutory requirements.

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Consecutive Sentences

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Sentences for multiple crimes that are served one after the other; lengthens the time spent in incarceration.

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Plea Bargaining

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An agreement in which an accused pleads guilty to a lesser charge in exchange for a reduced sentence or the dropping of other charges.

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Sentencing Reform

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Efforts and legislative changes aimed at rectifying injustices in sentencing laws, such as the elimination of mandatory minimum sentences or changes to the three strikes rule.

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Indeterminate Sentences

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Sentences with a range (e.g., 5 to 10 years); the actual time served is influenced by factors such as behavior and rehabilitation while incarcerated.

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Parole

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Conditional release of a prisoner before the full sentence is served; dependent on factors like behavior, rehabilitation efforts, and parole board decisions.

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Three Strikes Law

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Legislation that increases the prison sentences of persons convicted of a felony who have been previously convicted of two or more violent crimes or serious felonies.

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Good Time Credit

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Reduced sentence time as a reward for good behavior, which can include obeying prison rules and participating in rehabilitation programs.

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Cultural Factors in Sentencing

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Consideration of a defendant's cultural background and how it may impact their behavior and the legal process, promoting a more equitable and understanding criminal justice system.

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