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Criminal JusticeCriminal JusticeA Brief IntroductionA Brief Introduction
CHAPTER
Copyright © 2016, 2014, 2012 by Pearson Education, Inc.All Rights Reserved
Criminal Justice: A Brief Introduction, 11eFrank Schmalleger
ELEVENTH EDITION
Sentencing
9
Copyright © 2016, 2014, 2012 by Pearson Education, Inc.All Rights Reserved
Criminal Justice: A Brief Introduction, 11eFrank Schmalleger
RetributionRetribution
• The act of taking revenge on a criminal perpetrator
• The earliest-known rationale for punishment
• Corresponds to the model of sentencing called just deserts
continued on next slide
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Criminal Justice: A Brief Introduction, 11eFrank Schmalleger
RetributionRetribution
• Just deserts A model of criminal sentencing that
holds that criminal offenders deserve the punishment they receive. The primary sentencing tool of the just deserts model is imprisonment
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Criminal Justice: A Brief Introduction, 11eFrank Schmalleger
IncapacitationIncapacitation
• The use of imprisonment or other means to reduce the likelihood that an offender will commit future offenses
• Seeks to protect innocent members of society
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Criminal Justice: A Brief Introduction, 11eFrank Schmalleger
IncapacitationIncapacitation
• Separates offenders from the community to reduce opportunities for further criminality
• Incapacitation requires only restraint, not punishment.
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Criminal Justice: A Brief Introduction, 11eFrank Schmalleger
DeterrenceDeterrence
• General Deterrence A goal of criminal sentencing that seeks
to prevent others from committing crimes similar to the one for which a particular offender is being sentenced by making an example of the person sentenced
• Overall goal is crime prevention
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Criminal Justice: A Brief Introduction, 11eFrank Schmalleger
DeterrenceDeterrence
• Deterrence is compatible with the goal of incapacitation.
• Retribution is oriented toward the past; deterrence is a strategy for the future and aims to prevent new crimes.
continued on next slide
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Criminal Justice: A Brief Introduction, 11eFrank Schmalleger
DeterrenceDeterrence
• Specific Deterrence A goal of criminal sentencing that seeks
to prevent a particular offender from engaging in repeat criminality
Aims to reduce the likelihood of recidivism
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Criminal Justice: A Brief Introduction, 11eFrank Schmalleger
RehabilitationRehabilitation
• Rehabilitation The attempt to reform a criminal
offender• Seeks to bring about fundamental
changes in offenders and their behavior• Fell victim in the 1970s to the nothing-
works doctrine
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Criminal Justice: A Brief Introduction, 11eFrank Schmalleger
RestorationRestoration
• Restoration A goal of criminal sentencing that
attempts to make the victim "whole" again
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Criminal Justice: A Brief Introduction, 11eFrank Schmalleger
RestorationRestoration
• Restorative justice A sentencing model that builds on
restitution and community participation in an attempt to make amends to the victim• Community-focused• Primary goal is improving the quality of
life for all members of the community.
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Criminal Justice: A Brief Introduction, 11eFrank Schmalleger
Indeterminate SentencingIndeterminate Sentencing
• Indeterminate sentencing A model of criminal punishment that
encourages rehabilitation through the use of general and relatively unspecific sentences• Relies heavily on judges' discretion to
choose among types of sanctions and to set upper and lower limits on the length of prison stays
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Criminal Justice: A Brief Introduction, 11eFrank Schmalleger
Indeterminate SentencingIndeterminate Sentencing
• The indeterminate model was created to take into consideration differences in the degree of guilt.
• The inmate's behavior while incarcerated is the primary determinant of the amount of time served.
continued on next slide
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Criminal Justice: A Brief Introduction, 11eFrank Schmalleger
Indeterminate SentencingIndeterminate Sentencing
• Consecutive Sentence Served one after the other
• Concurrent Sentence Two or more sentences served at the
same time
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Criminal Justice: A Brief Introduction, 11eFrank Schmalleger
Indeterminate SentencingIndeterminate Sentencing
• Gain Time The amount of time deducted from
prison time on a given sentence as a consequence of participation in special projects or programs
• Good Time The amount of time deducted from
prison time on a given sentence as a consequence of good behavior
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Criminal Justice: A Brief Introduction, 11eFrank Schmalleger
Structured SentencingStructured Sentencing
• Critics of indeterminate model called for the recognition of three fundamental sentencing principles Proportionality Equity Social debt
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Criminal Justice: A Brief Introduction, 11eFrank Schmalleger
Structured SentencingStructured Sentencing
• Structured sentencing A model of criminal punishment that
includes determinate and commission-created presumptive sentencing schemes• Typically relying on a quantitative scoring
instrument
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Criminal Justice: A Brief Introduction, 11eFrank Schmalleger
Structured SentencingStructured Sentencing
• Structured sentencing A model of criminal punishment that
includes determinate and commission-created presumptive sentencing schemes• Not voluntary/advisory in that judges had
to adhere to the sentencing system or provide a written rationale for departing from it
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Criminal Justice: A Brief Introduction, 11eFrank Schmalleger
Structured SentencingStructured Sentencing
• Determinate sentencing A model of criminal punishment in which
an offender is given a fixed term of imprisonment that may be reduced by good time or gain time• Also specifies an anticipated release date
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Criminal Justice: A Brief Introduction, 11eFrank Schmalleger
Structured SentencingStructured Sentencing
• Presumptive sentencing Developed by a sentencing commission
rather than state legislature• Explicit and highly structured
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Criminal Justice: A Brief Introduction, 11eFrank Schmalleger
Voluntary/Advisory Sentencing Voluntary/Advisory Sentencing GuidelinesGuidelines
• Recommended sentencing policies that are not required by law
• Usually based on past sentencing practices
• Serve as guides to judges• A form of structured sentencing
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Criminal Justice: A Brief Introduction, 11eFrank Schmalleger
Structured SentencingStructured Sentencing
• Aggravating Circumstances Circumstances relating to the
commission of a crime that make it more grave than the average instance of that crime
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Criminal Justice: A Brief Introduction, 11eFrank Schmalleger
Structured SentencingStructured Sentencing
• Mitigating Circumstances Circumstances relating to the
commission of a crime that may be considered to reduce the blameworthiness of the offender
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Criminal Justice: A Brief Introduction, 11eFrank Schmalleger
Federal Sentencing GuidelinesFederal Sentencing Guidelines
• Comprehensive Crime Control Act (1984) A close correspondence between the
sentence imposed on an offender and the time actually served in prison
Nearly eliminated good-time credits and began the process of both phasing out federal parole and eliminating the U. S. Parole Commission
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Criminal Justice: A Brief Introduction, 11eFrank Schmalleger
Federal Sentencing GuidelinesFederal Sentencing Guidelines
• Comprehensive Crime Control Act (1984) Funds available for states that adopt
truth-in-sentencing laws and are able to guarantee that certain violent offenders will serve 85% of their sentences
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Criminal Justice: A Brief Introduction, 11eFrank Schmalleger
Federal Sentencing GuidelinesFederal Sentencing Guidelines
• Specified a sentencing range from which judges had to choose
• Departures were generally expected only in the presence of aggravating or mitigating circumstances.
continued on next slide
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Criminal Justice: A Brief Introduction, 11eFrank Schmalleger
Federal Sentencing GuidelinesFederal Sentencing Guidelines
• Federal sentencing guidelines are built around a table, with each row corresponding to one offense level. Defendants may move into the highest
criminal history category by virtue of being designated a career offender.
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Criminal Justice: A Brief Introduction, 11eFrank Schmalleger
Federal Sentencing GuidelinesFederal Sentencing Guidelines
• Plea bargaining under the Federal Sentencing Guidelines required that the agreement: Be fully disclosed in the record of the
court. Detail the actual conduct of the offense.
• Melendez v. U.S. (1996)
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Criminal Justice: A Brief Introduction, 11eFrank Schmalleger
Three Strikes LawsThree Strikes Laws
• A 2012 review of three-strikes legislation found that 16 states recently modified these laws in response to difficult economic conditions. About half of the states have passed
three-strikes legislation. Questions remain about the
effectiveness of three-strikes legislation.
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Mandatory SentencingMandatory Sentencing
• Mandatory sentencing A structured sentencing scheme that
allows no leeway in the nature of the sentence imposed
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Mandatory SentencingMandatory Sentencing
• Diversion The official suspension of criminal or
juvenile proceedings against an alleged offender at any point after a recorded justice system intake, but before the entering of a judgment
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Innovations in SentencingInnovations in Sentencing
• Alternative Sentencing Options With an ever-growing number of cases,
innovative judges in certain jurisdictions are using discretionary sentencing to impose truly unique punishments.
continued on next slide
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Criminal Justice: A Brief Introduction, 11eFrank Schmalleger
Innovations in SentencingInnovations in Sentencing
• We are facing prison overcrowding, high incarceration costs, and the public is calling for retribution.
• Other judges have used shaming strategies to deter wrongdoers.
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Criminal Justice: A Brief Introduction, 11eFrank Schmalleger
Alternative SentencingAlternative Sentencing
• The use of Court-ordered community service, Home
detention, day reporting, drug treatment, psychological counseling, victim-offender programming, intensive supervision
…in lieu of other, more traditional sanctions, such as imprisonment and fines.
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Criminal Justice: A Brief Introduction, 11eFrank Schmalleger
The Presentence InvestigationThe Presentence Investigation
• Presentence investigation (PSI) The examination of a convicted
offender's background prior to sentencing
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The Presentence InvestigationThe Presentence Investigation
• The presentence investigation report can take one of three forms: A detailed written report on the
defendant's personal and criminal history
An abbreviated written report summarizing the information
A verbal report to the court
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The Presentence InvestigationThe Presentence Investigation
• Sources of information for the presentence investigation/report Federal Bureau of Investigation's
National Crime Information Center (NCIC)
Individual jurisdictions' records The defendant (whose information
should be corroborated with other sources)
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The Victim – Forgotten No LongerThe Victim – Forgotten No Longer
• The sentencing process now frequently includes consideration of the needs of victims and survivors.
• There is no victims' rights amendment to the federal Constitution. However, more than 30 states have
passed their own victims' rights amendments.
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The Victim – Forgotten No LongerThe Victim – Forgotten No Longer
• Violent Crime Control and Law Enforcement Act of 1994
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Criminal Justice: A Brief Introduction, 11eFrank Schmalleger
The Victim – Forgotten No LongerThe Victim – Forgotten No Longer
• Much of the philosophical basis of today's victims' movement can be found in the restorative justice model.
• In 2001, the USA PATRIOT Act amended the Victims of Crime Act of 1984. Made victims of terrorism (and their
families) eligible for victims' compensation payments
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Criminal Justice: A Brief Introduction, 11eFrank Schmalleger
Victim Impact StatementsVictim Impact Statements
• An in-court statement made by the victim or survivor to sentencing authorities, seeking to make an informed sentencing decision
• One study of the efficacy of victim-impact statements found that sentencing decisions are rarely affected by them.
continued on next slide
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Criminal Justice: A Brief Introduction, 11eFrank Schmalleger
Victim Impact StatementsVictim Impact Statements
• They have little effect because judges and other officials have established ways of making decisions which do not require explicit information about the impact.
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Criminal Justice: A Brief Introduction, 11eFrank Schmalleger
Sentencing RationalesSentencing Rationales
• Fines• Probation• Imprisonment• Death
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Criminal Justice: A Brief Introduction, 11eFrank Schmalleger
Sentencing PracticesSentencing Practices
• State courts convicted 1,132,000 felons in 2006. 28% received jail sentences involving
less than one year's confinement. 27% were sentenced to probation with
no jail or prison time to serve. The largest offense category for which
state felons were sent to prison was drug offenses.
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Criminal Justice: A Brief Introduction, 11eFrank Schmalleger
FinesFines
• One of the oldest forms of punishment• Often imposed for relatively minor law
violations• Most likely to be imposed where the
offender has both a clean record and the ability to pay
• Day-fine system
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Criminal Justice: A Brief Introduction, 11eFrank Schmalleger
Habeas Corpus ReviewHabeas Corpus Review
• Writ of Habeas Corpus Directs the person detaining a prisoner
to bring him or her before a judicial officer to determine the lawfulness of the imprisonment
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Criminal Justice: A Brief Introduction, 11eFrank Schmalleger
The Death Penalty and the The Death Penalty and the InnocentInnocent
• A 2000 study examined 4,578 death-penalty cases in state and federal courts from 1973 to 1995.
• The appellate courts overturned the convictions or reduced the sentence in 68% of the cases examined.
continued on next slide
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Criminal Justice: A Brief Introduction, 11eFrank Schmalleger
The Death Penalty and the The Death Penalty and the InnocentInnocent
• In 82% of the successful appeals, defendants were found to be deserving of a lesser sentence, and convictions were overturned in 7% of such appeals.
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Criminal Justice: A Brief Introduction, 11eFrank Schmalleger
Justification for Capital PunishmentJustification for Capital Punishment
• 'Cold-blooded murder' justifies a sentence of death.
• Justifications for the death penalty are collectively referred as the retentionist position.
continued on next slide
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Criminal Justice: A Brief Introduction, 11eFrank Schmalleger
Justification for Capital PunishmentJustification for Capital Punishment
• Three retentionist arguments Just deserts Revenge Protection
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Criminal Justice: A Brief Introduction, 11eFrank Schmalleger
The Future of the Death PenaltyThe Future of the Death Penalty
• A 2010 national poll of 1,500 registered voters conducted for the Death Penalty Information Center showed growing support for alternatives to the death penalty, compared with previous polls. 61% of the majority said they would
choose a punishment other than capital punishment for murder.
continued on next slide
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Criminal Justice: A Brief Introduction, 11eFrank Schmalleger
The Future of the Death PenaltyThe Future of the Death Penalty
• A 2010 national poll of 1,500 registered voters conducted for the Death Penalty Information Center showed growing support for alternatives to the death penalty, compared with previous polls. 52% life without possibility of parole 9% life with the possibility of parole
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