Sentencing and Corrections

Judges Options

Suspended Sentence: Sentence is given but is not imposed until the defendant messes up again (arrested or violates probation)

Probation: Defendant is released under the supervision of a probation officer for a specific time period under specific conditions.

House Arrest: Defendant can not leave home unless going to work, school or the doctor.

Fine: Defendant pays the government a set amount of money

Restitution: Defendant must pay back or make up for whatever loss or injury felt by the victim

Work Release: Defendant may work but must return to jail at night or on the weekends

Imprisonment: A period of time in jail Definite: The Judge gives a specific amount of

time to be servedIndeterminate: No specific time is given only a minimum or maximum

Purpose of Punishment

Retribution- “an eye for an eye” – no longer the point of law

Deterrence- discourage person from committing another crime, act as an example for others

Rehabilitation- helping the convicted person change their behavior in order to become a useful member of society.

Incapacitation- convicted and separated from the community, keeping the community safe

Parole

• The judge may decide at sentencing that parole is never allowed otherwise the convicted may apply for parole at different times during their incarceration period.

• Granting parole allows the convicted out of jail under very strict circumstances.

• If any of the terms of parole are violated the convicted is sent back to jail

Capital Punishment

The Death Penalty has a long history in the U.S. As early as 1630 it was used.

During the 1970’s states had to rethink their death penalty laws because most gave too much discretion to the jury.

http://www.deathpenaltyinfo.org/states-and-without-death-penaltyLook at case study