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Criminal TrialCriminal TrialPunishment and SentencingPunishment and Sentencing
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Criminal TrialCriminal TrialPunishment and SentencingPunishment and Sentencing
The trial stage of justice is one of the cornerstones of American freedom.
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Criminal TrialCriminal Trial
How do we insure defendants a fair trial?– Constitutional Rights
Right to Confront Witnesses Right to a Jury Trial Right to Counsel Right to Speedy Trial
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Criminal TrialCriminal Trial
Constitutional Rights– Right to Confront Witnesses
Sixth Amendment guarantee Right to confront adverse witnesses
– Why is this significant?
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Criminal TrialCriminal Trial
Constitutional Rights– Right to a Jury Trial
Sixth Amendment guarantee
Unanimous Verdict Usually Required in Criminal Trials
– Federal criminal trials– All but two states criminal trials
Sixth Amendment does not require unanimous verdict
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Criminal TrialCriminal Trial
Constitutional Rights– Right to Counsel
Sixth Amendment guarantee Indigent defendants guaranteed counsel if there is a
possibility of incarceration
Applies to adults and juveniles
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Criminal TrialCriminal Trial
Constitutional Rights– Fair Trial
Fifth Amendment guarantee
– What constitutes a fair trial?
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Criminal TrialCriminal Trial
Constitutional Rights– Public Trial
First Amendment guarantee The public and the press have right to attend trials
– Richmond Newspapers vs Commonwealth of VA (1980)
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Criminal TrialCriminal Trial
The Process– Jury Selection (maybe)– Trial– Verdict– Sentence– Appeal (maybe)
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Criminal TrialCriminal Trial
Sentencing: Important Terminology– Suspended Sentence– Indeterminate Sentence– Imposition of Sentence Suspended– Split Sentence
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Criminal TrialCriminal Trial
Sentencing Terminology– Suspended Sentence
A punishment imposed and suspended on the condition(s) that an offender abide by agreed upon rules.
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Criminal TrialCriminal Trial
Sentencing Terminology– Indeterminate Sentence
A punishment imposed with an open-ended timeframe within which a judge can impose any or all of the statutory maximum sentence for a violation of agreed upon terms.
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Criminal TrialCriminal Trial
Sentencing Terminology– Imposition of Sentence Suspended
A punishment imposed with an specific timeframe within which a judge can impose any or all of the statutory maximum sentence for a violation of agreed upon terms.
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Criminal TrialCriminal Trial
Sentencing Terminology– Beyond A Reasonable Doubt
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Civil TrialCivil Trial
Sentencing Terminology– Preponderance of Evidence
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Punishment and SentencingPunishment and Sentencing
Criminal punishment is complex and controversial.
Controversy over punishment involves its nature and extent:• Is it discriminatory? (Race, Gender, Class)• Is it applied equitably in similar situations?• Is prison imposed too often?
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Punishment and SentencingPunishment and Sentencing
What is punishment?
What is criminal sentencing intended to accomplish?
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Punishment and SentencingPunishment and Sentencing
What is the popular perception of punishment in America?
Does imprisonment reduce crime? Does imprisonment reduce crime better than probation? Is is possible that prison contributes to increased crime?
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Punishment and SentencingPunishment and Sentencing
If prison is no more effective than probation at reducing crime, and prison costs 13 to 18 times more than probation, why is prison used so much?
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Punishment and SentencingPunishment and Sentencing
General Deterrence
Specific Deterrence
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Punishment and SentencingPunishment and Sentencing
Incapacitation
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Punishment and SentencingPunishment and Sentencing
Retribution
Just Desert– The view that criminals deserve punishment in proportion to
the seriousness of their crime
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Punishment and SentencingPunishment and Sentencing
Rehabilitation
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Punishment and SentencingPunishment and Sentencing
Equity
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Punishment and SentencingPunishment and Sentencing
Sentencing authority may be exercised by:– Judge– Jury– Mandated By Statute
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Punishment and SentencingPunishment and Sentencing
Consecutive Sentence
Concurrent Sentence
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Punishment and SentencingPunishment and Sentencing
Determinate Sentence is characterized by
Indeterminate Sentence is characterized by
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Punishment and SentencingPunishment and Sentencing
Good Time – Is associated with Indeterminate Sentencing
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Punishment and SentencingPunishment and Sentencing
What really works in reducing crime?– Arrest and Punishment
– Leniency
– Probation
– Substance Abuse TX
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Punishment and SentencingPunishment and Sentencing Sentencing Guidelines
– Specify criminal sentences based on crime seriousness and offender background
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Punishment and SentencingPunishment and Sentencing Sentencing Patterns
– Criminal sentences are decreasing in the average
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Punishment and SentencingPunishment and Sentencing Capital Punishment
– 38 states and the federal government impose the death penalty– Lethal injection most common method– Demographics
More than half the world’s countries abolished the death penalty In 1999: 85% of known executions took place in 5 countries
– China, Iran, Saudi Arabia, Democratic Republic of Congo, USA
– International human rights treaties prohibit child executions Some countries still execute children (under age 18)
– Iran, Nigeria, Pakistan, Saudi Arabia, Yemen, USA– Since 1990: Highest Number USA
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Punishment and SentencingPunishment and Sentencing Capital Punishment
– Is there racial bias imposing the death penalty?
– Is the death penalty cost effective?
– Does the death penalty deter crime?
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Punishment and SentencingPunishment and Sentencing Capital Punishment
– Brutalization Effect The belief that capital punishment creates an atmosphere of brutality,
reinforces the view that violence is an appropriate response to provocation, and encourages rather than deters criminal violence
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Punishment and SentencingPunishment and Sentencing Race and Sentencing
– Is criminal sentencing racially biased?
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Punishment and SentencingPunishment and Sentencing
End of Quiz #3 Material
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Read assignments.Participate in class discussions.Review notes weekly.