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?