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Chapter13 Q's

1. The guarantee against cruel and unusual punishment is found in the 8th -p 313 Amendment.
2. When the offender is convicted, s/he has no inherent right to remain free from custody -p 320.
3. If an offender violates the terms of his or her probation, the offender may be sentenced to
imprisonment -p 312.
4. Probation is believed to have begun in America by John Augustus -p 310.
5. The presentence investigation is usually conducted by a staff member of the probation department p 307.
6. Probation is a form of clemency -p 311 and an offender has no inherent right to demand to be placed
on probation.
7. The suspended -p 310 sentence is recognized in our system of justice today, but in most instances, it
is coupled with a period of probation.
8. If convicted, a defendant will usually appeal -p 320 the conviction to the appropriate appellate court
if there is any basis at all.
9. Is the death penalty as we have it now cruel and unusual punishment? Support your answer from
information out of the text.
The death penalty, at least in the eyes of the supreme court, is not, in fact, cruel and unusual
punishment. This is quoted on page 314 when, in the case of Gregg v. Georgia, the courts said, “For
nearly two centuries, this court, repeatedly and often expressly, has recognized that capital
punishment is not invalid per se.” This along with the fact that capital punishment was also, “accepted
by the framers,” the very ones responsible for the constitution, shows that legally speaking, the death
penalty is not cruel and unusual punishment. Pro death penalty: I choose to be pro-death penalty at
least in the case of wantonly vile acts of murder as they have rid life from an innocent that, for all
intents and purposes, intended on living a longer and more full life. However, in the case that
someone has been adjoined to a crime that resulted in murder, there may be some room for
negotiation even if their direct involvement caused the end result.
10. Write a summary of what this chapter is about.
This chapter covered everything from the various types of sentences that can be given out, depending
on the state, to the death penalty and its repercussions, to the process of appeals and their own
repercussions. Firstly, this chapter began with the history of punishment from its origins in England
and discussed its modern equivalent. Next, it described the various sentencing philosophies along
with the modern penalties that can be applied including imprisonment. Next, it talked about
sentencing on misdemeanors versus felonies and how many aspects of it can vary by state—what’s
new? Then, it transitions into discussing definite, indefinite, and indeterminate sentencing. It spoke
about how indefinite sentences and indeterminate sentences are sometimes referred to as the same
thing, but they are, in fact, different. Next, it talked about presentence investigations and their role in
helping judges find a more just sentence to fit the offender and not the crime. Then, it discussed how,
in some states, juries can be responsible for the sentences given in order to mitigate unpleasant
experiences with just one judge—a process that comes from colonial America. From here, it talks
further about indeterminate sentences and how it is supposed to fit a sentence more to the offender
than to their legally convicted crime. Briefly, rehabilitation is discussed, and the question is posed as
to when one is truly rehabilitated—which is to say, once they have displayed good behavior and the
inmate's mentality towards society and law. Next, the ups and downs of indeterminate sentencing are
mentioned along with what a suspended sentence might look like in comparison to probation and its
colonial predecessor. From here, probation is more deeply discussed, most specifically the conditions
and procedure in the case that one has violated said conditions. Next, it transitions into the death
penalty and its debate as to whether it is cruel or otherwise unusual punishment. Mentioned, is the
dilemma in which juries are tasked with giving a guilty verdict in capital cases and how it can sway
their minds from evidence to morals. Next, is more discussion on it being excessive in some cases,
albeit debatable. Also mentioned, are two cases that brought that issue mentioned above into the
light and how courts handle it in the case of mentally retarded defendants. Next, fines are mentioned
along with the dilemma in which an imprisoned individual cannot come up with certain fines or
required restitution. Next mentioned, is the appeals process and the issue in allowing defendants on
appeal to roam free. Additionally, retrials and prosecution appeals are mentioned—although not
allowed by many states. Lastly, the dilemma in a Boykin advertisement is discussed along with the
process of recording the proceedings following court cases and which private companies are
responsible for their respective states.
11. What question(s) do you have about this chapter? What needs to be explained that you don’t
understand? (Must answer this question!)
Can someone who has broken their terms of probation return to a state of probation after a hearing is
held or is it, in your experience, a one-way ticket to the jail cell?