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0138020272 ppt09 0138020272 ppt09 Presentation Transcript

  • Criminal Justice: A Brief Introduction Ninth Edition By Frank SchmallegerPearson Education, Inc.
  • Criminal Justice: A Brief Introduction Ninth Edition By Frank Schmalleger Chapter 9 SentencingPearson Education, Inc.
  • The Philosophy and Goals of Criminal Sentencing • Traditional sentencing options have included imprisonment, fines, probation, and death • Five goals – Retribution – Incapacitation – Deterrence • General deterrence • Specific deterrence – Rehabilitation – RestorationCriminal Justice: A Brief Introduction, 9/e 3 Copyright © 2012, 2010, 2008, 2006, 2004, 2002, 1999, 1997, 1994 by Pearson Education, Inc.Frank Schmalleger Upper Saddle River, New Jersey 07458 • All rights reserved
  • Retribution • Retribution – The act of taking revenge on a criminal perpetrator – The earliest-known rationale for punishment – Corresponds to the model of sentencing called just deserts – Just Deserts • A model of criminal sentencing that holds that criminal offenders deserve the punishment they receive • Primary sentencing tool of the just deserts model is imprisonmentCriminal Justice: A Brief Introduction, 9/e 4 Copyright © 2012, 2010, 2008, 2006, 2004, 2002, 1999, 1997, 1994 by Pearson Education, Inc.Frank Schmalleger Upper Saddle River, New Jersey 07458 • All rights reserved
  • Incapacitation • Incapacitation – 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 – Separate offenders from the community to reduce opportunities for further criminality – Incapacitation requires only restraint, not punishmentCriminal Justice: A Brief Introduction, 9/e 5 Copyright © 2012, 2010, 2008, 2006, 2004, 2002, 1999, 1997, 1994 by Pearson Education, Inc.Frank Schmalleger Upper Saddle River, New Jersey 07458 • All rights reserved
  • Deterrence • Deterrence – A goal of criminal sentencing that seeks to inhibit criminal behavior through the fear of punishment – Overall goal is crime prevention • Specific deterrence – A goal of criminal sentencing that seeks to prevent a particular offender from engaging in repeat criminality – Reduce the likelihood of recidivismCriminal Justice: A Brief Introduction, 9/e 6 Copyright © 2012, 2010, 2008, 2006, 2004, 2002, 1999, 1997, 1994 by Pearson Education, Inc.Frank Schmalleger Upper Saddle River, New Jersey 07458 • All rights reserved
  • Deterrence • 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 • 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 crimesCriminal Justice: A Brief Introduction, 9/e 7 Copyright © 2012, 2010, 2008, 2006, 2004, 2002, 1999, 1997, 1994 by Pearson Education, Inc.Frank Schmalleger Upper Saddle River, New Jersey 07458 • All rights reserved
  • Rehabilitation • 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 • With as many as 90% of former convicted offenders returning to crime following release from a prison-based treatment program, incapacitation grew more appealingCriminal Justice: A Brief Introduction, 9/e 8 Copyright © 2012, 2010, 2008, 2006, 2004, 2002, 1999, 1997, 1994 by Pearson Education, Inc.Frank Schmalleger Upper Saddle River, New Jersey 07458 • All rights reserved
  • Restoration • Restoration – A goal of criminal sentencing that attempts to make the victim “whole again” • Restorative Justice (RJ) – A sentencing model that builds on restitution and community participation in an attempt to make the victim “whole again” – Community-focused – Primary goal of improving the quality of life for all members of the communityCriminal Justice: A Brief Introduction, 9/e 9 Copyright © 2012, 2010, 2008, 2006, 2004, 2002, 1999, 1997, 1994 by Pearson Education, Inc.Frank Schmalleger Upper Saddle River, New Jersey 07458 • All rights reserved
  • Indeterminate Sentencing • Explanation of 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 • Consecutive Sentence – Served one after the otherCriminal Justice: A Brief Introduction, 9/e 10 Copyright © 2012, 2010, 2008, 2006, 2004, 2002, 1999, 1997, 1994 by Pearson Education, Inc.Frank Schmalleger Upper Saddle River, New Jersey 07458 • All rights reserved
  • Indeterminate Sentencing • Concurrent Sentence – Two or more sentences served at the same time • Indeterminate model created to take into consideration differences in the degree of guilt • Inmate’s behavior while incarcerated is the primary determinant of the amount of time servedCriminal Justice: A Brief Introduction, 9/e 11 Copyright © 2012, 2010, 2008, 2006, 2004, 2002, 1999, 1997, 1994 by Pearson Education, Inc.Frank Schmalleger Upper Saddle River, New Jersey 07458 • All rights reserved
  • Critiques of Indeterminate Sentencing • Since the 1970s, the model has been criticized for contributing to inequality in sentencing • Also criticized for perpetuating a system under which offenders might be sentenced more on the basis of personal and social characteristics than on culpability • Tends to produce dishonesty in sentencingCriminal Justice: A Brief Introduction, 9/e 12 Copyright © 2012, 2010, 2008, 2006, 2004, 2002, 1999, 1997, 1994 by Pearson Education, Inc.Frank Schmalleger Upper Saddle River, New Jersey 07458 • All rights reserved
  • Critiques of Indeterminate Sentencing • Gain Time – The amount of time deducted from time to be served in prison on a given sentence as a consequence of participation in special projects or programs • Good Time – The amount of time deducted from time to be served in prison on a given sentence as a consequence of good behaviorCriminal Justice: A Brief Introduction, 9/e 13 Copyright © 2012, 2010, 2008, 2006, 2004, 2002, 1999, 1997, 1994 by Pearson Education, Inc.Frank Schmalleger Upper Saddle River, New Jersey 07458 • All rights reserved
  • Structured Sentencing • Critics of indeterminate model called for the recognition of three fundamental sentencing principles – Proportionality – Equity – Social debt • Proportionality – Severity of sanctions should bear a direct relationship to the seriousness of the crime committedCriminal Justice: A Brief Introduction, 9/e 14 Copyright © 2012, 2010, 2008, 2006, 2004, 2002, 1999, 1997, 1994 by Pearson Education, Inc.Frank Schmalleger Upper Saddle River, New Jersey 07458 • All rights reserved
  • Structured Sentencing • Equity – Similar crimes should be punished with the same degree of severity, regardless of the social or personal characteristics of the offenders • Social Debt – An offender’s criminal history should be objectively be taken into account in sentencing decisionsCriminal Justice: A Brief Introduction, 9/e 15 Copyright © 2012, 2010, 2008, 2006, 2004, 2002, 1999, 1997, 1994 by Pearson Education, Inc.Frank Schmalleger Upper Saddle River, New Jersey 07458 • All rights reserved
  • Structured Sentencing • Structured Sentencing – A model of criminal punishment that includes determinate and commission-created presumptive sentencing schemes • 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 specify an anticipated release dateCriminal Justice: A Brief Introduction, 9/e 16 Copyright © 2012, 2010, 2008, 2006, 2004, 2002, 1999, 1997, 1994 by Pearson Education, Inc.Frank Schmalleger Upper Saddle River, New Jersey 07458 • All rights reserved
  • Structured Sentencing • Voluntary/Advisory Sentencing Guidelines – 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 • Presumptive Sentencing – Developed by a sentencing commission rather than state legislature – Explicit and highly structuredCriminal Justice: A Brief Introduction, 9/e 17 Copyright © 2012, 2010, 2008, 2006, 2004, 2002, 1999, 1997, 1994 by Pearson Education, Inc.Frank Schmalleger Upper Saddle River, New Jersey 07458 • All rights reserved
  • Structured Sentencing – Typically relying on a quantitative scoring instrument – Not voluntary/advisory in that judges had to adhere to the sentencing system or provide a written rationale for departing from itCriminal Justice: A Brief Introduction, 9/e 18 Copyright © 2012, 2010, 2008, 2006, 2004, 2002, 1999, 1997, 1994 by Pearson Education, Inc.Frank Schmalleger Upper Saddle River, New Jersey 07458 • All rights reserved
  • 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 offenderCriminal Justice: A Brief Introduction, 9/e 19 Copyright © 2012, 2010, 2008, 2006, 2004, 2002, 1999, 1997, 1994 by Pearson Education, Inc.Frank Schmalleger Upper Saddle River, New Jersey 07458 • All rights reserved
  • Federal Sentencing Guidelines • Comprehensive Crime Control Act (1984) – Addressed the issue of Truth In Sentencing • 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 – 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 • Mistretta v. U. S. (1989)Criminal Justice: A Brief Introduction, 9/e 20 Copyright © 2012, 2010, 2008, 2006, 2004, 2002, 1999, 1997, 1994 by Pearson Education, Inc.Frank Schmalleger Upper Saddle River, New Jersey 07458 • All rights reserved
  • Federal Guideline Provisions • 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 containing 43 rows, each corresponding to one offense level – Defendants may move into the highest criminal history category by virtue of being designated a career offenderCriminal Justice: A Brief Introduction, 9/e 21 Copyright © 2012, 2010, 2008, 2006, 2004, 2002, 1999, 1997, 1994 by Pearson Education, Inc.Frank Schmalleger Upper Saddle River, New Jersey 07458 • All rights reserved
  • Plea Bargaining under the Guidelines • It 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)Criminal Justice: A Brief Introduction, 9/e 22 Copyright © 2012, 2010, 2008, 2006, 2004, 2002, 1999, 1997, 1994 by Pearson Education, Inc.Frank Schmalleger Upper Saddle River, New Jersey 07458 • All rights reserved
  • The Legal Environment of Structured Sentencing • Apprendi v. New Jersey (2000) • U. S. v. O’Brien (2010) • Blakely v. Washington (2004) • Cunningham v. California (2007) • U. S. v. Booker (2005) • U. S. v. Fanfan (2005) • Rita v. U. S. (2007) • Oregon v. Ice (2009) • Gall v. U. S. (2007)Criminal Justice: A Brief Introduction, 9/e 23 Copyright © 2012, 2010, 2008, 2006, 2004, 2002, 1999, 1997, 1994 by Pearson Education, Inc.Frank Schmalleger Upper Saddle River, New Jersey 07458 • All rights reserved
  • Three Strikes Laws • About half of the states have passed three-strike legislation • Questions remain about the effectiveness of three-strikes legislationCriminal Justice: A Brief Introduction, 9/e 24 Copyright © 2012, 2010, 2008, 2006, 2004, 2002, 1999, 1997, 1994 by Pearson Education, Inc.Frank Schmalleger Upper Saddle River, New Jersey 07458 • All rights reserved
  • Mandatory Sentencing • Mandatory Sentencing – A structured sentencing scheme that allows no leeway in the nature of the sentence imposed • 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 judgmentCriminal Justice: A Brief Introduction, 9/e 25 Copyright © 2012, 2010, 2008, 2006, 2004, 2002, 1999, 1997, 1994 by Pearson Education, Inc.Frank Schmalleger Upper Saddle River, New Jersey 07458 • All rights reserved
  • The Presentence Investigation • Presentence Investigation (PSI) – The examination of a convicted offender’s background prior to sentencing • One of three forms – A detailed written report on the defendant’s personal and criminal history – An abbreviated written report summarizing the information – Verbal report to the courtCriminal Justice: A Brief Introduction, 9/e 26 Copyright © 2012, 2010, 2008, 2006, 2004, 2002, 1999, 1997, 1994 by Pearson Education, Inc.Frank Schmalleger Upper Saddle River, New Jersey 07458 • All rights reserved
  • The Victim – Forgotten No Longer • Sentencing process now frequently includes consideration of the needs of victims and survivors • No victims’ rights amendment to the federal Constitution – More than 30 states have passed their own victims’ rights amendments • Violent Crime Control and Law Enforcement Act of 1994Criminal Justice: A Brief Introduction, 9/e 27 Copyright © 2012, 2010, 2008, 2006, 2004, 2002, 1999, 1997, 1994 by Pearson Education, Inc.Frank Schmalleger Upper Saddle River, New Jersey 07458 • All rights reserved
  • The 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 paymentsCriminal Justice: A Brief Introduction, 9/e 28 Copyright © 2012, 2010, 2008, 2006, 2004, 2002, 1999, 1997, 1994 by Pearson Education, Inc.Frank Schmalleger Upper Saddle River, New Jersey 07458 • All rights reserved
  • Victim-Impact Statements • Victim-Impact Statements • An in-court statement made by the victim or survivors, 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 – Little effect because judges and other officials “have established ways of making decisions which do not call for explicit information about the impact”Criminal Justice: A Brief Introduction, 9/e 29 Copyright © 2012, 2010, 2008, 2006, 2004, 2002, 1999, 1997, 1994 by Pearson Education, Inc.Frank Schmalleger Upper Saddle River, New Jersey 07458 • All rights reserved
  • Sentencing Practices • State courts convicted 1,132,000 felons in 2006 – About 41% were sentenced to active prison terms – 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 offensesCriminal Justice: A Brief Introduction, 9/e 30 Copyright © 2012, 2010, 2008, 2006, 2004, 2002, 1999, 1997, 1994 by Pearson Education, Inc.Frank Schmalleger Upper Saddle River, New Jersey 07458 • All rights reserved
  • Fines • 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 systemCriminal Justice: A Brief Introduction, 9/e 31 Copyright © 2012, 2010, 2008, 2006, 2004, 2002, 1999, 1997, 1994 by Pearson Education, Inc.Frank Schmalleger Upper Saddle River, New Jersey 07458 • All rights reserved
  • Habeas Corpus Review • Writ of Habeas Corpus – A writ that directs the person detaining a prisoner to bring him or her before a judicial officer to determine the lawfulness of the imprisonment • McCleskey v. Zant (1991) • Schlup v. Delo (1995) • Felker v. Turpin (1996) • Elledge v. Florida (1998)Criminal Justice: A Brief Introduction, 9/e 32 Copyright © 2012, 2010, 2008, 2006, 2004, 2002, 1999, 1997, 1994 by Pearson Education, Inc.Frank Schmalleger Upper Saddle River, New Jersey 07458 • All rights reserved
  • The Courts and the Death Penalty • Wilkerson v. Utah (1878) • In re Kemmler (1890) • Furman v. Georgia (1972) • Gregg v. Georgia (1976) • Apprendi v. New Jersey (2000) • Ring v. Arizona (2002) • Poyner v. Murray (1993) • Campbell v. Wood (1994) • Baze v. Rees (2008)Criminal Justice: A Brief Introduction, 9/e 33 Copyright © 2012, 2010, 2008, 2006, 2004, 2002, 1999, 1997, 1994 by Pearson Education, Inc.Frank Schmalleger Upper Saddle River, New Jersey 07458 • All rights reserved