Street Law Ch' 15: The Criminal Justice Process: Sentencing and Corrections

1
Street Law Ch. 15The Criminal Justice
ProcessSentencing and Corrections
2
Ch. 15 Part 1 Sentencing

• Key Terms
• Retribution
• Deterrence
• Rehabilitation
• Incapacitation
• Parole
• Capital Punishment
• Aggravating Circumstances
• Mitigating Circumstances

3
Ch. 15 Part 1 ArrestWhy Do I Need To Know This?

• Because the ultimate outcome of any criminal
  conviction is some form of punishment handed out
  at the sentencing.
• Because approximately 3 of all adults in the
  U.S. are presently on probation, in jail or
  prison, or on parole.
• Because if you are the victim of the crime, or
  the defendant in a criminal case, you will want
  to know how to influence the criminal sentence.

4
The Criminal Justice ProcessSentencing

• After the jury determines the guilt or innocence
  of the defendant, it is up to the judge to
  sentence the defendant.
• Sentencing is usually done in a separate part of
  the trial, usually a few weeks after the guilt
  has been determined.
• In California, as in most states, there are
  judicial guidelines that help determine the
  punishment that the judge will determine for the
  defendant.
• The U.S. Supreme Court has upheld the use of
  judicial guidelines even though it limits the
  discretion of judges to impose a unique sentence
  based on the trial.
• The guidelines limit the variance in punishments
  that 2 different defendants can receive for the
  same crime.
• The guidelines give judges the recommended
  sentence for high, medium, and low punishments
  for each crime for which the defendant has been
  convicted.

5
The Criminal Justice ProcessSentencing

• In the sentencing phase, the judge will listen to
  the victims as well as review a presentence
  report to determine the punishment.
• The presentence report is prepared by the
  probation department and contains data on the
  defendants
• Offense and the Surrounding Circumstances
• Past Criminal Behavior
• Social, Medical, Educational and Employment
  Background
• Recommended Sentence
• The defendant will also have an opportunity to
  present testimony of remorse (when the defendant
  apologizes for his/her acts) as well as evidence
  to show his good character.

6
The Criminal Justice ProcessSentencing

• After listening to the testimony and the reports,
  the judge will determine the aggravating factors
  and the mitigating factors.
• If the judge determines that there are certain
  aggravating factors, or that there are more
  aggravating factors than mitigating factors, then
  the judge will give the highest sentence.
• If the judge finds that the mitigating factors
  outweigh the aggravating factors, then the judge
  will give the low sentence.
• If all is balanced, the judge will assign the
  middle sentence.
• No matter what, the judge MUST assign a sentence
  to a defendant who has been found guilty.
• Finally, if the judge finds that certain facts
  were present, such as the use of a gun, gang
  issues, or hate crimes, the judge will assign
  additional enhanced punishments.

7
The Criminal Justice ProcessSentencing

• A judge can assign any of the following sentences
  to a defendant or a combination of many of these
  sentences
• Suspended Sentence
• Probation
• Home Confinement
• Fine
• Restitution
• Work Release
• Imprisonment
• Death
• Remember, a felony is a crime punishable by more
  than 1 year in prison and a misdemeanor is a
  crime punishable by less than a year in prison.
• Many states have mandatory probation for all
  felons, such as losing the right to possess a gun
  or vote.
• Certain crimes, such as sex offenses have
  specific probation requirements, such as having
  to register with the police within 10 days of
  moving to any new place.

8
The Criminal Justice ProcessSentencing

• If the defendant is found guilty of multiple
  counts, the judge must also decide if the
  punishments will be concurrent or consecutive.
• If the judge assigns 2 terms of 5 years
  concurrently, then the defendant will only serve
  5 years in prison.
• This usually happens when the crimes are
  relatively minor and happen all at once.
• If the judge assigns 2 terms of 5 years
  consecutively, then the defendant will serve 10
  years in prison.
• This usually happens for more serious or are
  separate events.

9
The Criminal Justice ProcessThree Strikes Law

• California is one of many states that has a
  Three Strikes Law
• Under the Three Strikes Law, only certain
  felonies count as strikes.
• These must be serious or violent felonies and it
  is up to the judge to determine if a felony
  counts as a strike.
• Once a defendant has a strike a second felony
  will result in the usual punishment for the crime
  being doubled.
• If a defendant with 2 strikes is convicted of a
  third felony, regardless of the nature of the
  felony, the judge must sentence the defendant to
  a minimum of 25 years to life.
• A judge can always decide not to count a strike
  during the sentencing, and may do so if there has
  been a long period (say 15 years) between the
  first two strikes and the 3rd strike.

10
Purpose of Punishment

• There are many theories behind why and how we
  punish criminals.
• The main theories are
• Retribution
• Deterrence
• Rehabilitation
• Incapacitation
• Over time each theory has been more popular and
  less popular leading to the wide range of
  punishments that happen today.
• Presently, the public and politicians tend to
  prefer retribution and incapacitation, so,
  rehabilitation programs and deterrence programs
  are not as well supported.
• During the 1960s, more of the public held the
  opposite viewpoints.

11
Parole

• Many states allow parole to be offered to
  criminals after they have served a certain amount
  or percentage of their sentence.
• The federal government does not have a parole
  system.
• Additionally, prisoners may be rewarded for good
  behavior by earning a reduction in their total
  prison time by exhibiting good behavior in
  prison.
• Eligibility for parole is a privilege, not a
  right, so judges can sentence criminals to jail
  without the possibility of parole.
• When prisoners are evaluated for parole, they may
  present evidence of their remorse and changed
  behavior.
• The victims can also testify at the parole
  hearing about the crime.
• The ultimate determination of whether or not a
  criminal gets parole is done by the parole board,
  not a judge, and the board is made up of many
  people from law enforcement backgrounds.

12
Capital Punishment

• In the U.S.. capital punishment is very
  controversial at present.
• There have been many challenges to it, and at
  times the U.S. Supreme Court has stopped it from
  being carried out.
• Although the U.S. Supreme Court has ruled that
  the death penalty does not violate the 8th
  amendments protections, they have looked at many
  of the concerns about it.
• The future of the death penalty will always
  change depending on the political mood of the
  country and the judges on the U.S. Supreme Court.
• In California, the death penalty can only be
  assigned for specific crimes, such as multiple
  homicides, felony murders, or killing police
  officers.

13
Ch. 15 Part 2 Corrections

• Key Terms
• None

14
Ch. 15 Part 1 ArrestWhy Do I Need To Know This?

• Because if you are sent to prison, you will lose
  many of your rights.
• Because you should know what life is like in
  prison so that you will choose not to commit
  crimes that will get you sent to prison.

15
Corrections

• Once a defendant has been sentenced to jail, the
  correctional system will do an evaluation of the
  prisoner to determine which jail to send him/her
  to.
• There are multiple different types of jails, and
  the one that the prisoner will be sent to will be
  determined by the danger to society and the
  escape risk presented by the prisoner.
• A felon does not have to be sent to a prison near
  his/her home.
• The main concern is the where in the correctional
  system the prisoner can best be accomodated.

16
Life Behind Bars

• Life behind bars is NOT pleasant, especially in a
  maximum security facility.
• In prison, prisoners are told
• What to Eat
• When to Eat
• When they they can Sleep
• When they can Exercise (if they are allowed to go
  and exercise)
• When they may shower
• Life in prison is very controlled and monitored.
• Mail, phone calls, email, and visitors are
  monitored and screened.
• Access to radio, TV, the internet, books, etc. is
  limited and controlled
• Prisoners are constantly monitored, even when
  going to the bathroom, showering, etc. and the
  monitoring may be done by sherriffs of the
  opposite gender.
• Prisoners may be separated and segregated
  throughout the day.

17
Life Behind Bars

• Additionally, prisoners lose many of their
  constitutional rights.
• For example, they lose portions of their right to
  free speech.
• The U.S. Supreme Court has ruled that prisoners
  still retain the following rights
• Freedom from Cruel and Unusual Punishment
• Freedom of Religion
• Due Process
• Medical Treatment
• Access to Law Libraries and the Courts

18
Prison Overcrowding

• Since about 1990, most prisons in the United
  States are overcrowded.
• That means that they have more prisoners in them
  than they were built to house.
• In California, the entire penal system has over
  150 of its maximum capacity!
• Building prisons is a very controversial and
  expensive problem.
• In California, it costs about 56,000 to build 1
  bed in a prison and about 35,000 a year to
  maintain that prison bed.
• As a result, we are exploring many alternatives,
  such as paying private businesses to run prisons.
• In Arizona, they are running an entire prison in
  the middle of the desert in old tents!