schmalleger ch09 lecture

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



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



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



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




IncapacitationIncapacitation

• Separates offenders from the community to reduce opportunities for further criminality

• Incapacitation requires only restraint, not punishment.



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





• 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.





• 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



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



RestorationRestoration

• Restoration A goal of criminal sentencing that

attempts to make the victim "whole" again




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.



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





• 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.





• Consecutive Sentence Served one after the other

• Concurrent Sentence Two or more sentences served at the

same time





• 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



Structured SentencingStructured Sentencing

• Critics of indeterminate model called for the recognition of three fundamental sentencing principles Proportionality Equity Social debt





• Structured sentencing A model of criminal punishment that

includes determinate and commission-created presumptive sentencing schemes• Typically relying on a quantitative scoring

instrument





• 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





• 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





• Presumptive sentencing Developed by a sentencing commission

rather than state legislature• Explicit and highly structured



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




• Aggravating Circumstances Circumstances relating to the

commission of a crime that make it more grave than the average instance of that crime





• Mitigating Circumstances Circumstances relating to the

commission of a crime that may be considered to reduce the blameworthiness of the offender



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





• 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





• Specified a sentencing range from which judges had to choose

• Departures were generally expected only in the presence of aggravating or mitigating circumstances.





• 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.





• 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)



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.



Mandatory SentencingMandatory Sentencing

• Mandatory sentencing A structured sentencing scheme that

allows no leeway in the nature of the sentence imposed




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



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.




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.



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.



The Presentence InvestigationThe Presentence Investigation

• Presentence investigation (PSI) The examination of a convicted

offender's background prior to sentencing





• 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





• 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)



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.





• Violent Crime Control and Law Enforcement Act of 1994





• 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



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.




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.



Sentencing RationalesSentencing Rationales

• Fines• Probation• Imprisonment• Death



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.



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



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



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.




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.



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.




Justification for Capital PunishmentJustification for Capital Punishment

• Three retentionist arguments Just deserts Revenge Protection



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.




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

schmalleger ch09 lecture

Education

criminal offenders

pearson education

goal of criminal sentencing

criminal perpetrator

model of criminal sentencing

model of sentencing

edition sentencing

goal of incapacitation