Chapter 9a

SOC 3880
Intro to Criminal Justice
mbritz@clemson.edu
Criminal Justice
CHAPTER 9
TRIALS AND
SENTENCING

© 2013 by Pearson Higher Education, Inc
Upper Saddle River, New Jersey 07458 • All Rights Reserved
9.1
9.2
9.3
9.4
9.5 Summarize the different types of sentences.
Describe the criminal trial process.
Describe the different sentencing philosophies.
Define terms related to pretrial activities and the criminal trial.
Explain the nature of a criminal trial.
CHAPTER OBJECTIVES

9.6
9.7
9.8
9.9
9.10
Explain the purpose of presentence investigations.
Describe various alternative sentences and fines.
Outline the history of capital punishment.
Outline facts about and the arguments for and against capital
punishment.
Summarize the factors that affect sentencing decisions.
9.11 Define terms related to sentencing.
CHAPTER OBJECTIVES

Explain the nature of a criminal trial.
Learning Objectives
After this lecture, you should be able to complete the following Learning Outcomes
9.1

Describe the criminal trial process.
Learning Objectives
9.2

Guilty
Not Guilty
Nolo
Contendere
Inform
Suspect of
Specific
Charges
Allow
Defendant to
Enter a Plea
9.2

Upper Saddle River, New Jersey 07458 • All Rights Reserved8
9.2
Trial Initiation
(speedy trial
requirements)
Jury Selection
(use of
challenges)
Opening
Statements
1. Prosecution
2. Defense
Presentation
of Evidence
1. Prosecution
2. Defense
Verdicts
Jury
Deliberation
Judge's
Charge
to the Jury
Closing
Arguments
(order may vary)

9.2
Jury Selection

9.2

9.2
Judges Decide Which Evidence
Can Be Presented to the Jury

9.2

9.2
After Closing Arguments, the Judge
Charges the Jury to:

9.2
Deliberations
Unanimous
Verdict
Hung Juries

Define terms related to pretrial
activities and the criminal trial.
Learning Objectives
9.3

Describe the different sentencing
philosophies.
Learning Objectives
9.4

9.4
Sentencing Philosophies
Retribution Rehabilitation Deterrence Incapacitation Restoration

The Act of Taking Revenge
on a Perpetrator
20
9.4

9.4
Criminals Can be "Cured" of Their
Problems and Criminality and Can
Be Returned to Society

9.4
Seeks to Inhibit Criminal Behavior by
Fear of Punishment

9.4
The Only Way to Prevent Criminals
from Reoffending Is to Remove
Them from Society

9.4
Attempts to Make the Victim
"Whole Again," to Address Damage to
the Victim and Community

Summarize the different types of
sentences.
Learning Objectives
9.5

9.5
Indeterminate
Sentences
Determinate
Sentences
Presumptive
Sentencing
Mandatory
Sentencing
Truth in
Sentencing

Explain the purpose of presentence
investigations.
Learning Objectives
9.6

Presentence
Investigation
Report
9.6

9.6
Information in a Presentence Report

Describe various alternative
sentences and fines.
Learning Objectives
9.7

Outline the history of capital
punishment.
Learning Objectives
9.8

9.8
French
Revolution
Dark Ages
Greek and
Roman
Societies
Biblical
Israel

Capital
Punishment
Death
Penalty
33
9.8

Outline facts about and the
arguments for and against capital
punishment.
Learning Objectives
9.9

9.9
Arguments
for Retention
Arguments
for Abolition

Summarize the factors that affect
sentencing decisions.
Learning Objectives
9.10

9.10
Aggravating
Circumstances
Mitigating
Circumstances

Define terms related to sentencing.
Learning Objectives
9.11

9.1
9.2
When a trial takes place, it begins with the selection of a jury, usually
consisting of twelve members. After a jury has been selected, the
prosecution and defense counsel make opening statements. The body
of the trial consists of the presentation of the prosecutor's evidence and
the statements of witnesses, followed by the presentation of the case for
the defense. When all the evidence has been presented, the
prosecution and defense make their final arguments to the jury. This
stage is followed by the judge's instruction to the jury. In order for a
defendant to be found guilty, the jury must agree unanimously that guilt
has been proved beyond a reasonable doubt.
The trial is the centerpiece of the adjudication process; and this is true
even though, as you have seen, most cases are decided without one.
Trials serve an educational purpose, helping both jurors and the public
understand how the balance is struck between protection of the
community and protection of the rights of the individual. The detailed
procedures of a criminal trial are designed to ensure that this balance is
reached in every case.
CHAPTER SUMMARY

9.3
9.4
9.5
Types of sentences: Determinate sentencing, indeterminate sentencing,
presumptive sentencing, mandatory sentencing, and truth-in sentencing.
Sentencing philosophies: Retribution, incapacitation, deterrence,
rehabilitation, restoration.
See page 310 for Key Terms.
9.6
A presentence report is written by a probation officer after an
investigation of the offender's background; the report is designed to help
the judge decide on an appropriate sentence.
CHAPTER SUMMARY

9.7
9.8
9.9
Depending on the range of alternatives provided by law, a judge usually
can fine an offender or impose a sentence of probation, incarceration, or
restitution.
By 2010 a total of thirty-six states, as well as the federal government, had
enacted capital punishment laws in accordance with the guidelines set
forth by the U.S. Supreme Court. A total of 3,173 people are now under
sentence of death and awaiting execution, reflecting an upward trend
that began in 1977 after the Supreme Court's ruling in Gregg v. Georgia,
which specifically stated that capital punishment was not inherently
cruel and unusual. Half of the prisoners on death row are in only four
states: California, Texas, Florida, and Pennsylvania.
Some supporters of the death penalty believe that it is a necessary
punishment as retribution for the life unlawfully taken. Another common
argument in support of capital punishment is that the death penalty will
prevent crime by deterring future murders. Some death penalty
proponents argue that execution is less costly to the state than life
imprisonment, but studies show that this is not the case. Supporters of
capital punishment contend that innocent persons are rarely executed,
but studies have found numerous cases of erroneous convictions in death
penalty cases.
CHAPTER SUMMARY

9.10
A Presentence Investigation Report has the following information:
Personal information about the offender and his/her background
Detailed description of the offense and its circumstances
A description of the offender's criminal record
Family information and current family status
Education history
Employment and military history
Health history and status (including drug history)
Financial status
Mental health status
Sentencing recommendation made by the probation officer
9.11 See page 310 for Key Terms.
CHAPTER SUMMARY

Chapter 9a

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Chapter 9a