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Sentencing notes

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Sentencing notes

  1. 1. Sentencing notes<br />Goals and Issues<br />
  2. 2. Goals of Sentencing<br />1. DETERRENCE—the punishment will deter others from committing such a crime. <br /> (MAKING AN EXAMPLE OF SOMEONE)<br />2. INCAPACITATION—punishment will reduce the individual’s opportunity to commit future crime.<br /> (LOCK THEM UP AND THROW AWAY THE KEY)<br />
  3. 3. Goals of Sentencing cont.<br />3. REHABILITATION—treat the individual and eliminate the underlying causes of crime. Includes classes, vocational training, and substance abuse treatment.<br />4. RETRIBUTION—Punish criminals in a manner proportionate to the severity of their crime. This will discourage vigilantism. (MAKE THEM PAY) <br />
  4. 4. Goals of Sentencing cont.<br />5. RESTITUTION/RESTORATION—Repay the victims and society for costs, and apologize for misdeeds.<br />
  5. 5. Race and Sentencing<br />A disproportionate number of minorities are in state prisons and on death row.<br />1. Bias in drug laws<br />Ex. Crack vs. Cocaine<br />2. Bias in victim-offender status<br />Minorities who kill whites are more likely to get the death penalty than minorities who kill other minorities.<br />3. Bias in probation<br />Where there is little bias in sentencing, there is still bias in granting probation.<br />
  6. 6. Race and Sentencing cont.<br />What can be done to address disparities?<br />1. Mandatory Sentencing laws<br />2. Judges appointed for lifetime may be more objective than those who are elected.<br />
  7. 7. Three Strikes Laws<br />Also called “habitual offender laws”<br />About half of states have them; California’s (1994) is the most prominent<br />Helps keep violent offenders off the street<br />Non-violent offenders may be sent to prison for life for a minor felony<br />Very costly—is costing CA about $6 B per year in extra prison costs.<br />

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