Sentencing:

1
Sentencing

• Once guilt has been determined, the next step is
  to decide what should be done with offender
• What should sentencing accomplish?
• Multiple goals of sentencing are recognized
• Retribution (justice atonement for wrongdoing)
• Deterrence (psychological prevention of crime)
• Incapacitation (physical prevention of crime)
• Reformation (rehabilitation of the offender)
• Restoration (repairing the harm done to victims)
• Which goal is most important?

2
Sentencing

• What things can be done to offenders?
• Fines (money or property)
• Imprisonment
• Death
• Probation
• Work/labor
• Treatment or counseling
• Restitution
• Loss of personhood/citizenship
• Corporal punishment
• Public shaming

3
Strategies of Sentencing

• Determinate vs. Indeterminate sentences
• Indeterminate At the time of sentencing, the
  offender knows only the minimum and the maximum
  sentences they could receive (e.g., not less than
  3 and not more than 10 years)
• Actual sentence length decided by parole board
  decision
• Closely linked to rehabilitation of offender
• Determinate At the time of sentencing, the
  offender receives a specific sentence (e.g., 5
  years)

4
Strategies of Sentencing

• Determinate Sentencing specific forms
• Fixed or Flat sentencing sentence decided by
  legislature specified in statutes for each
  offense (with provision for good time
  reduction)
• Guideline sentencing judicial discretion to set
  specific sentence using legislated guidelines
• Presumptive sentencing Legislature specifies a
  recommended sentence with range of departures
  available to judge (guideline-restricted)
• Mandatory sentencing legislature mandates
  specific punishment (often no good time)

5
Strategies of Sentencing

• What is the difference between good time and
  parole? (both sentence reductions)
• Standard good time sentence reductions earned
  at a fixed rate for good conduct
• Not a matter of discretionary beneficence
• But may be reduced for disciplinary actions
• Parole a discretionary decision to release
  early made by the parole board
• It is a judgmental act of grace by parole board
• It is not owed to the inmate or simply earned
• Inmate is released into conditional supervision

6
Strategies of Sentencing

• Public Perceptions of good time and parole?
• They mislead the society or victims regarding how
  much offenders are actually punished
• They release dangerous criminals too soon
• They subvert justice
• The recent response to issue of good time
  passage of Truth-in-Sentencing laws
• These dramatically restrict the amount sentences
  can be reduced by good time
• Generally limited to serious or violent crimes

7
Strategies of Sentencing

• What is the correctional purpose of good time
  and parole provisions?
• Encourage or motivate good behavior during
  incarceration
• Provide a positive incentive to avoid trouble
  be productive
• The alternative brutalization very unsafe
  working conditions for correctional staff
• Manage prison population levels and avoid
  over-crowding
• The down-side of tougher sentencing larger
  prison populations higher prison costs

8
The Process of Sentencing

• In principle, sentencing is a separate task from
  conviction (but some overlap in practice)
• In felonies (and some misdemeanors), trial and
  sentencing hearing are separate events
• Need additional information about offender
• Need time to deliberate and consider evidence
• Sentence Hearing to decide punishment
• Scheduled several weeks after trial
• Will introduce additional information not
  presented at the trial or admissible at trial
• Judicial role depends on statutory structure

9
The Process of Sentencing

• Sentence Hearing includes
• Pre-sentence Investigation (PSI) report by
  probation officer
• May include victim impact evidence testimony
• May include character witnesses for defense
• Seek to identify mitigating and aggravating
  factors that would lessen or increase sentence
• Will include prosecutor recommendations
• May include hearsay evidence
• May rely on opinions by expert witnesses
• May include offenders statement ( apology)

10
The Process of Sentencing

• What factors can be considered in deciding the
  sentence?
• Depends on legal discretion allowed to judge
• Mandatory sentencing statutes
• Statutory sentencing guidelines
• Legal factors severity of offense prior
  criminal record use of violence or weapon
  influence of collaborators victims
  characteristics (as specified in law)
• Extralegal factors gender, age, race, social
  class (not specified in law)

11
The Process of Sentencing

• Note important differences between Felony and
  Misdemeanor sentencing
• Misdemeanor sentencing abbreviated often
  collapsed into trial event
• Felony sentencing more formalized extended
• Limits on period of incarceration amount of
  fine
• Place of incarceration
• County Jail for misdemeanors
• State prison for felonies (with some exceptions)
• Differences in civil disabilities that go long
  with the sentence i.e., loss of citizenship