Sentencing the Guilty

1
Sentencing the Guilty

• Chapter 15

2
Reasons for Sentencing

• Retribution
• Incapacitation
• Deterrence
• Rehabilitation
• Exploring competing sentencing philosophies

3
Competing Sentencing Philosphies

• Which is the most adequate?
• The most effective?
• The most likely to prevent recidivism?
• The most likely to protect the public?
• The truth is that there are elements of each that
  are incorporated into local, state and federal
  sentencing decisions.

4
Restorative Justice vs Revenge based sentencing
See Controversy Insert on page 390

• Restorative Justice is based on three factors
• Crime is a community concern, not just an
  individual issue
• Focus of CJ system is to facilitate resolution vs
  punishment
• Citizen involvement vs involvement from the CJ
  system is crucial for success

5
Legislative Sentencing Responsibility

• Indeterminate vs Determinate sentencing
• Indeterminate sentencing
• Has both a min. and a max. term of imprisonment
• Actual term determined by parole board
• Determinate Sentencing
• Specific number of years that must be served
• Often called, Fixed sentencing

6
Judicial Sentencing Responsibility

• Judges may choose among sentencing options
  provided by legislature
• Judicial discretion reflects the rehabilitative
  model

7
Changes!
See Figure 15-3 Sentencing Options

• Difficulty in consensus, consistency
• Due Process advocates feel judicial discretion is
  too broad and inconsistent
• Result Legislative efforts to reduce judicial
  sentencing discretion
• Includes more Determinate Sentencing and Truth
  in Sentencing laws
• Serving min. of sentence, usually 85

8
Executive Sentencing Responsibility

• Executive Branch
• Governors appointments
• Legislative influence
• Parole Boards, Dept. of Corrections
• Pardons only a very small group of inmates
  receive executive clemency.

See insert on the Karla Fay Tucker story on page
394
9
Issues related to Imprisonment
See Figure 15-5

• Overcrowding
• Aging
• Health issues
• Gangs
• Narcotics
• Corruption/abuse
• Conditions
• Collateral effect (Family, friends, employers,
  peers)

10
Cost of Imprisonment

• Building cost range from 75,000 to 100,000 for
  one cell for one prisoner!
• Annual costs to house a prisoner range from
  20,000 to 30,000!
• Prison inmates are increasing, expanding prison
  capacities
• Increased need for staff, equipment, training,
  etc.

11
Probation

• Probation growth exceeds prison growth!
• Wide discretion in determining whether or not to
  grant probation
• Legislative provisions may also vary from state
  to state
• Is probation Effective?
• Who is more likely to benefit from Probation?

12
Intermediate Sanctions

• Diversionary Programs
• Counseling Programs
• Therapy
• Medication and counseling
• Fines
• Restitution
• Symbolic restitution

13
Death Penalty
See Case Close Up on Page 406

• Capital Punishment
• Capital Offenses
• Used to include variety of crimes, including rape
• Now, only murder and treason are generally death
  penalty cases
• 8th Amendment prohibition against Cruel and
  Unusual Punishment
• Furman v. Georgia (1972) stopped the death
  penalty
• Gregg v. Georgia (1976) reinitiated the death
  penalty

14
Death Penalty Issues?

• Recent changes with Judicial decisions and the
  death penalty
• Executing the retarded? Recent case law?
• Executing minors!

15
Some Questions?

• What were some of the key issues in the Sam
  Sheppard murder trial?
• Was he guilty or an innocent man?
• Why was the death penalty stopped and then
  reinitiated in the 70s?
• Whats the staffing and budget for the local
  jails and prison(s) in your area?
• What does the Supreme Court say about the minimum
  age that someone can be executed?