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Ppt chapter 3

  1. 1. Chapter 3 Sentencing: To Punish or to Reform?McGraw-Hill/Irwin © 2013 McGraw-Hill Companies. All Rights Reserved.
  2. 2. Key Terms Sentencing: Imposition of a criminal sanction by a sentencing authority, such as a judge Sentence: The penalty a court imposes on a person convicted of a crime 3-2
  3. 3. Philosophy of Criminal Sentencing John Conrad: “The punishment of the criminal is the collective reaction of the community to the wrong that has been done. It is the offender’s lot to be punished.” Social Order: The smooth functioning of social institutions, the existence of positive and productive relations among individual members of society, and the orderly functioning of society as a whole. 3-3
  4. 4. Sentencing Goals Revenge: Punishment is equated with vengeance. Retribution: Paying back the victim for what the offender has done.  Associated with “an eye for an eye” Just Desert: Punishment deserved.  Criminal offenders are morally blameworthy and are therefore deserving of punishment. 3-4
  5. 5. Sentencing Goals - Continued Deterrence: The discouragement or prevention of crimes through the fear of punishment.  Specific deterrence: the deterrence of the individual being punished from committing additional crimes.  General deterrence: the use of the example of individual punishment to dissuade others from committing crimes. 3-5
  6. 6. Sentencing Goals - Continued Incapacitation: The use of imprisonment or other means to reduce an offender’s capability to commit future offenses. 3-6
  7. 7. Sentencing Goals - Continued  Rehabilitation or reformation: the changing of criminal lifestyles into law- abiding ones by “correcting” the behavior of offenders through treatment, education, and training.  Reintegration: the process of making the offender a productive member of the community. 3-7
  8. 8. Sentencing Goals - Continued Restoration: the process of returning to their previous condition all those involved in or affected by crime.  Includes victims, offenders, and society.  Restorative justice: A systematic response to wrongdoing that emphasizes healing the wounds of victims, offenders, and communities caused or revealed by crime. 3-8
  9. 9. Sentencing Goals - Continued Victim Impact Statement: A description of the harm and suffering that a crime has caused victims and survivors. Advocates of restorative justice believe not only that the victim should be restored by the justice process but also that the offender and society should participate in the restoration process. 3-9
  10. 10. Sentencing Options Fines or other monetary sanctions Probation Alternative or intermediate sanctions Incarceration Death Penalty 3-10
  11. 11. Restitution Payments made by a criminal offender to his or her victim (or the court which then turns them over to the victim) as compensation for the harm caused by the offense. 3-11
  12. 12. Types of Sentences Mandatory Sentence: sentences required by law under certain circumstances. Consecutive Sentences: sentences served one after the other. Concurrent Sentences: sentences served simultaneously. 3-12
  13. 13. Sentencing Models Flat Sentences: specify a given amount of time to be served in custody.  Allows little or no variation from the time specified  Common in the 19th Century Indeterminate Sentence: specifies a fixed minimum and a maximum length. (e.g. 5 to 15)  The parole board determines the actual time of release.  Good time: the amount of time prison authorities deduct from a sentence for good behavior or other reasons. Determinate Sentence: specifies a fixed term of incarceration.  Can be reduced by good time 3-13
  14. 14. Sentencing Models – Continued  Guideline Sentencing  Voluntary/Advisory Sentencing Guidelines: recommended sentencing policies that are not required by law  Presumptive Sentencing Guidelines  Federal Sentencing Guidelines  The legal environment and sentencing guidelines (next slide) 3-14
  15. 15. The Legal Environment and Sentencing Guidelines Nichols v. U.S. United States v. Watts Edwards v. U.S. U.S. v. Cotton Apprendi v. New Jersey Blakely v. Washington U.S. v. Booker and U.S. v. Fanfan 3-15
  16. 16. Sentencing Models – Continued  Mandatory Minimum Sentencing: The imposition of sentences required by statute for those convicted of a particular crime or a particular crime under special circumstances (e.g., robbery with a firearm or selling drugs to a minor within 1,000 feet of a school), or for those with a particular type of criminal history. 3-16
  17. 17. Sentencing Enhancement Habitual Offender Statute  A law that (1) allows a person’s criminal history to be considered at sentencing or (2) makes it possible for a person convicted of a given offense and previously convicted of another specified offense to receive a more severe penalty than that for the current offense alone. Three-Strikes Laws  Ewing v. California 3-17
  18. 18. Three Strike Laws During the 1990s, 26 states and the federal government enacted new habitual offenders’ laws that fell into the three- strike category. Rationale behind the laws were mandatory sentences have two goals – deterrence and incapacitation. 3-18
  19. 19. Issues in Sentencing Proportionality: the severity of punishment should match the seriousness of the crime. Equity: similar crimes and similar offenders should be treated alike. Social Debt: the severity of punishment should take into account the offender’s prior criminal behavior. Racial and Ethnic Disparities: Legislation and Sentencing Truth in Sentencing: Requires offenders to serve a substantial portion of their sentence. 3-19
  20. 20. Broader Issues Guideline-based determinate sentencing and restorative justice appear to be inherently at odds with each other. A hybrid system of “restorative sentencing guidelines” has been suggested to resolve the problem. Under the hybrid system the guidelines would not apply to lower severity offenders. 3-20