PUNISH E       M NTAnd sentencing
   List and contrast the four basic philosophical    reasons for sentencing criminals.
   Retribution – the philosophy that those who commit    criminal acts should be punished based on the severity of    the...
   Contrast indeterminate with determinate    sentencing.
   Indeterminate                Determinate    Sentencing – a practice       Sentencing – a practice    in which the sen...
   Explain why there is a difference between a    sentence imposed by a judge and the actual    sentence served by the pr...
   “Good time” - reduction in time served by prisoners    based on good behavior, conformity to rules, and other    posit...
   List the six forms of punishment.
Forms of Punishment:   Capital punishment   Imprisonment   Probation   Fines   Restitution and community service   R...
   State who has input into the sentencing decision    and list the factors that determine a sentence.
The Sentencing Process:   The presentence investigative report.   Recommendations from the prosecutor and    defense att...
Factors of sentencing:   Seriousness of the crime   Aggravating and mitigating circumstances   Judicial philosophy
   Explain some of the reasons why sentencing    reform has occurred.
Sentencing Disparity:   SentencingThose who commit        Discrimination:similar crimes should   When the sentence isrecei...
Three ways disparity occurs:   Offenders receive similar sentences for different    crimes of unequal seriousness   Offe...
Sentencing Discrimination:   The “Punishment Penalty”    ◦ Rates of imprisonment rise significantly for those who are    ...
 Sentencing      Guidelines    ◦ State Sentencing Guidelines    ◦ Federal Sentencing Guidelines    ◦ Judicial Departures...
   Methods of Execution   The Death Penalty and the Supreme Court    ◦ Weems v. United States (1910)    ◦ Furman v. Geor...
   Identify the two stages that make up the bifurcated    process of death penalty sentencing.
The Bifurcated Process:   Furman v. Georgia (1972)   Court Approval   The Jury’s Role   Mitigating Circumstances    ◦ ...
   Describe the main issues of the death penalty    debate.
   Questions:    ◦ Do you believe lethal injection should be considered      cruel and unusual punishment?    ◦ Do you be...
   Deterrence – does it deter crime?   Fallibility – does the system make mistakes?   Arbitrariness – is it arbitrary?
   The Immediate Future of the Death Penalty    ◦ Reasons for the Decline in Executions    ◦ Continued Support for the De...
   Questions:    ◦ Should an individual be executed if there is DNA      evidence that could be tested, but has not been ...
Chapter9
Chapter9
Chapter9
Chapter9
Chapter9
Chapter9
Chapter9
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Chapter9

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Chapter9

  1. 1. PUNISH E M NTAnd sentencing
  2. 2.  List and contrast the four basic philosophical reasons for sentencing criminals.
  3. 3.  Retribution – the philosophy that those who commit criminal acts should be punished based on the severity of the crime Incapacitation – a strategy for preventing crime be detaining wrongdoers in prison Deterrence – preventing crime through the threat of punishment Rehabilitation – providing wrongdoers the resources they need to eliminate criminality from their behavioral pattern
  4. 4.  Contrast indeterminate with determinate sentencing.
  5. 5.  Indeterminate  Determinate Sentencing – a practice Sentencing – a practice in which the sentence in which the period of of a convicted person incarceration for identifies a minimum specific crimes is fixed and maximum time to by a sentencing be served, rather than authority and cannot be a specific time to be reduced by judges or served. other corrections officials.
  6. 6.  Explain why there is a difference between a sentence imposed by a judge and the actual sentence served by the prisoner.
  7. 7.  “Good time” - reduction in time served by prisoners based on good behavior, conformity to rules, and other positive actions. Truth-in-sentencing law – a legislative attempt to ensure that convicts will serve approximately the terms to which they were initially sentenced. Judicial Sentencing Authority Administrative Sentencing Authority
  8. 8.  List the six forms of punishment.
  9. 9. Forms of Punishment: Capital punishment Imprisonment Probation Fines Restitution and community service Restorative justice
  10. 10.  State who has input into the sentencing decision and list the factors that determine a sentence.
  11. 11. The Sentencing Process: The presentence investigative report. Recommendations from the prosecutor and defense attorney. The role of the jury in capital cases.
  12. 12. Factors of sentencing: Seriousness of the crime Aggravating and mitigating circumstances Judicial philosophy
  13. 13.  Explain some of the reasons why sentencing reform has occurred.
  14. 14. Sentencing Disparity: SentencingThose who commit Discrimination:similar crimes should When the sentence isreceive similar influence by race,punishments. gender, economic status, or some other factor not related to the crime.
  15. 15. Three ways disparity occurs: Offenders receive similar sentences for different crimes of unequal seriousness Offenders receive different sentences for unequal crimes Mitigating or aggravating circumstances have a disproportionate effect on sentencing
  16. 16. Sentencing Discrimination: The “Punishment Penalty” ◦ Rates of imprisonment rise significantly for those who are young, minority, and unemployed. Women and Sentencing ◦ Women convicted of crimes are less likely to go to prison than their male counterparts.
  17. 17.  Sentencing Guidelines ◦ State Sentencing Guidelines ◦ Federal Sentencing Guidelines ◦ Judicial Departures Mandatory Sentencing Guidelines ◦ Habitual Offender Laws ◦ “Three Strikes” in Court
  18. 18.  Methods of Execution The Death Penalty and the Supreme Court ◦ Weems v. United States (1910) ◦ Furman v. Georgia (1972) Reforming the Death Penalty
  19. 19.  Identify the two stages that make up the bifurcated process of death penalty sentencing.
  20. 20. The Bifurcated Process: Furman v. Georgia (1972) Court Approval The Jury’s Role Mitigating Circumstances ◦ Insanity ◦ Mentally Handicapped ◦ Age
  21. 21.  Describe the main issues of the death penalty debate.
  22. 22.  Questions: ◦ Do you believe lethal injection should be considered cruel and unusual punishment? ◦ Do you believe that methods that were one day considered acceptable (such as the firing squad) are cruel and unusual?
  23. 23.  Deterrence – does it deter crime? Fallibility – does the system make mistakes? Arbitrariness – is it arbitrary?
  24. 24.  The Immediate Future of the Death Penalty ◦ Reasons for the Decline in Executions ◦ Continued Support for the Death Penalty
  25. 25.  Questions: ◦ Should an individual be executed if there is DNA evidence that could be tested, but has not been tested? ◦ Should an individual be eligible for capital punishment if there is the absence of DNA evidence?

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