Sentencing Decisions

1
Sentencing Decisions

• Chapter Sixteen

2
Lady Justice

• Right hand scales of justice symbolizing
  fairness in the administration of justice.
• Eyes blindfold, suggesting impartial justice.
• Left hand sword standing for the power and might
  of law.

3
Courtroom Workgroup in Sentencing

• Probation officer conducts the Pre-sentence
  investigation (PSI).
• Prosecutor makes a sentencing recommendation to
  the judge.
• Defense attorney argues for the court to show
  leniency to the defendant.
• Judge imposes the sentence.

4
Pre-Sentence Investigation Reports

• Prepared by the probation officer.
• Assist the judge select an appropriate sentence
  by providing information about the crime and the
  criminal.
• Provide background information and a
  recommendation of an appropriate sentence.
• 95 agreement between the judge and the probation
  officer when the recommendation was for probation
  and 88 agreement when the report opposed
  probation, according to one study.

5
Classification of Defendants

• Low-risk
• Usually in trouble for first time.
• Between the ages of 18 and 25.
• Attending university of have a steady job.
• High-risk
• At least two prior arrests and convictions
• Little formal education.
• Unwilling or unable to maintain a steady job.
• Do not take court involvement seriously
• Problematic

6
Sentencing Decisions

• Factors considered
• Seriousness of the offense
• Prior Record
• Aggravating or mitigating circumstances
• Aggravating factors use of a weapon and personal
  injury to the victim
• Mitigating factors youth of the defendant, lack
  of mental capacity, and role in the crime.

7
Discrimination and Sentencing

• Discrimination refers to illegitimate influences
  on the sentencing process.
• The defendants attributes are the primary focus
  
• Economic Status
• Gender
• Women are sentenced more lenient than men.
• Race
• Capital Punishment

8
Discrimination and Capital Punishment

• Offender-victim dyad
• McClesky v. Kemp
• Statistical studies that indicated that Georgias
  death penalty law was wanton and freakish was
  rejected by the court.
• Disparities are an inevitable part of our
  criminal justice system.
• Statistics do not prove that race enters into any
  capital sentencing decisions.

9
Disparity in Sentencing
Insert Figure 16.1, page 378 here.
10
Sentencing Issues

• Mistretta v. U.S. Federal sentencing and
  Sentencing Commission do not violate
  constitutional separation of powers.
• Megans Law convicted sex offenders must
  register with local police departments.
• Pollys Law California three-strikes law.
• Three Strikes and Youre Out.

11
More Sentencing Issues

• Truth in Sentencing Laws require offenders to
  serve a substantial portion of their prison
  sentence.
• San Diego County v. Romero California Supreme
  Court holds that judges have discretion in
  counting prior convictions.
• Ewing v. California Three-strikes law does not
  violate the Eighth Amendment prohibition against
  cruel and unusual punishment.

12
Increasing Severity of Penalties

• Majority of Americans believe prison sentences
  are too lenient.
• Mandatory Minimum Sentencing requires that
  offenders convicted of certain offenses must be
  sentenced to a prison term of not less than a
  specified period of time, and non-prison
  sentences are precluded.

13
Negative Side Effects

• More people want a trial by jury, which puts more
  demand on the system.
• Increased pressure to plea bargain.
• Some feel result is a more rigid, inflexible
  system.