Punishment and Sentencing

1

• Chapter 11
• Punishment and Sentencing

2
Learning Outcomes

• LO1 List and contrast the four basic
  philosophical reasons for sentencing criminals
• LO2 Contrast indeterminate sentencing with
  determinate sentencing
• LO3 List the six forms of punishment
• LO4 Explain some of the reasons why sentencing
  reform has occurred.
• LO5 Outline the Supreme Court rulings on capital
  punishment that led to the bifurcated process for
  death penalty sentencing

3
List and contrast the four basic philosophical
reasons for sentencing criminals.
4
Learning Outcome 1

• Philosophical Reasons for Sentencing
• Retribution
• Deterrence
• General and Specific
• Incapacitation
• Rehabilitation

5
Learning Outcome 1

• Restorative Justice
• Provides victims with
• An opportunity to participate in the process
• Material reparations
• An apology
• Attempts to repair damage that a crime does to
  the victim.

6
CAREERPREP

• Mediation Specialist
• Job Description
• Complement the standard adjudication of a crime
  by acting as a third party facilitator between
  the victim and the offender. Help resolve their
  conflicts through a face-to-face discussion of
  the criminal act.
• Encourage the increased presence of re storative
  justice in the criminal justice system.
• What Kind of Training Is Required?
• No formal licensing or certification process
  exists for mediators. Rather, training is
  available through independent mediation programs
  and mediation organizations. Some colleges and
  universities offer advanced degrees in conflict
  management and dispute resolution.
• Skills required include the ability to
  communicate, negotiate, solve problems, and
  analyze difficult situations. Successful
  mediators are also highly intuitive and able to
  meet clients emotional needs during difficult
  times.
• Annual Salary Range?
• 28,000102,200
• For additional information, visit www.voma.org.

7
Contrast determinate and indeterminate
sentencing.
8
Learning Outcome 2

• Legislative sentencing authority
• Indeterminate sentencing
• Set a minimum and maximum sentence, within which
  a judge prescribes a particular term .
• Parole board decides when the offender is
  released.
• Parole and the Parole Board
• Determinate sentencing

9
Learning Outcome 2

• Legislative sentencing authority
• Determinate sentencing
• Offender serves the exact amount of time of the
  sentence

10
Learning Outcome 2

• In reality, the actual sentence does not reflect
  the actual amount of time spend in jail.
• Parole boards
• good time
• In response to public concerns, some states
  passed a truth-in-sentencing law.

11
Learning Outcome 2

• Legislative sentencing authority
• Determinate sentencing
• Offender serves the exact amount of time of the
  sentence

12
Learning Outcome 2

• Judicial sentencing authority
• Judges bear most of the responsibility for
  choosing sentences.
• Determinate sentencing is a direct encroachment
  on the power of judges to make sentence
  decisions.

13
(No Transcript)
14
Learning Outcome 2

• Judges Role in Sentencing
• During pretrial, judge is passive and reactive.
• In traditional sentencing hearing, judge has
  ultimate authority of the state.
• Judicial discretion
• Judge should be given leeway in determining
  punishments that fit the crime and the criminal.

15
List the six forms of punishment.
16
Learning Outcome 3

• Forms of Punishment
• Capital punishment
• Imprisonment
• Probation
• Fines
• Restitution and community service
• Restorative justice

17
Learning Outcome 3

• The Sentencing Process
• The presentence investigative report.
• The Jury
• The jury, not the judge, decides where a convict
  eligible for death penalty will be executed.

18
Learning Outcome 3

• Factors of sentencing
• Seriousness of the crime
• Mitigating and aggravating circumstances

19
Explain some of the reasons why sentencing reform
has occurred.
20
Learning Outcome 4

• Sentencing Disparity
• Those who commit similar crimes should
• receive similar punishments.
• Disparity occurs when
• Criminals receive similar sentences for different
  crimes of unequal seriousness.
• Criminals receive different sentences for similar
  crimes.
• Mitigating or aggravating circumstances have a
  disproportionate effect on sentences.

21
Learning Outcome 4

• Sentencing Discrimination
• When the sentence is influenced by race,
• gender, economic status, or some other
• factor not related to the crime.

22
Learning Outcome 4

• Sentencing Guidelines
• Require judges to dispense legislatively
  determined sentences.
• Federal sentencing guidelines Sentencing Reform
  Act (1984)
• Judicial Departure
• Both federal and state guidelines give judges a
  limited amount of discretion.

23
Learning Outcome 4

• Mandatory Sentencing Guidelines
• Habitual offender laws
• Three-strikes in court
• Rummel v. Estelle (1980)
• Lockyer v. Andrade (2003)

24
Learning Outcome 4

• Victim Impact Evidence
• Victims given the opportunity to testify during
  sentencing about their sufferings.
• Victim Impact Statements
• In almost all instances, the goal is to increase
  the harshness of the sentence.

25
CAREERPREP

• National Victim Advocate
• Job Description
• Provide direct support, advocacy, and short-term
  crisis counseling to crime victims.
• Act as a liaison between victims or witnesses and
  district attorneys or law enforcement, and
  provide court support for victims.
• What Kind of Training Is Required?
• A bachelors degree in criminal justice, social
  work/psychology, or a related field.
• A minimum of two years experience in the
  criminal justice system, one year of which should
  have involved direct services with victims.
• Annual Salary Range?
• 29,00044,000
• For additional information, visit
  www.ncvc.org/ncvc/Main.aspx.

26
Outline the Supreme Court rulings on capital
punishment that led to the bifurcated process for
death penalty sentencing.
27
Learning Outcome 5

• 3,300 inmates are currently on death row.
• Rate of executions peaked in 1999, but still
  higher than at any time in the past 60 years.
• Methods include hanging, the electric chair,
  firing squad, the gas chamber, and lethal
  injection.

28
(No Transcript)
29
(No Transcript)
30
Learning Outcome 5

• The Death Penalty and the Supreme Court
• Weems v. United States (1910)
• Three precedents on sentencing
• Cruel and unusual punishment is defined by the
  changing norms and standards of society and is
  not based on historical interpretations.
• Courts may decide whether a punishment is
  unnecessarily cruel with regard to physical pain.
  
• Courts may decide whether a punishment is
  unnecessarily cruel with regard to psychological
  pain.

31
Learning Outcome 5

• The Death Penalty and the Supreme Court
• Furman v. Georgia (1972)
• The death sentence is so arbitrary, that its
  like being struck by lightning.

32
Learning Outcome 5

• The Death Penalty and the Supreme Court
• Gregg v. Georgia (1976)
• Court ruled in favor of bifurcated process.
• Jury first determines guilt or innocence of
  accused.
• Jury then reconvenes to decide on death sentence
  for guilty

33
Learning Outcome 5

• Mitigating Circumstances
• Insanity
• Mentally Handicapped
• Atkins v. Virginia (2002)
• Age
• Roper v. Simmons (2005)