This document discusses various topics related to criminal sentencing, including the main goals of sentencing (retribution, deterrence, incapacitation, rehabilitation), different sentencing models (determinate vs. indeterminate sentences), appropriate models for different crimes, constitutional protections for defendants, the death penalty debate, and the role of victims. It provides details on sentencing guidelines, capital punishment statutes and Supreme Court rulings, arguments for and against the death penalty from a Christian perspective, and considerations regarding fairness and victims' rights in sentencing.

1. 4 main sentencing goals (retribution, deterrence, incapacitation,
Compare and contrast the 4 main sentencing goals (retribution, deterrence, incapacitation,
rehabilitation). Discuss the advantages and weaknesses of each goal. Would different
sentencing models (indeterminate sentence, determinate sentence, consecutive &
concurrent sentences) be appropriate for different crimes? Why or why not? Considering
the goals of sentencing, what sentencing model would you attach for violent crimes?
Property crimes? Drug crimes? Review the video titled “Defendants’ Rights, Sentencing and
Punishment, Capital Punishment found in this module’s Learn section. From a Christian
viewpoint, present at least 2 arguments for the preservation of the death penalty and at
least 2 arguments for the abolishment of the death penalty. Our several constitutional
amendments that protect offended to right the 8th Amendment provides many defendants
the option of being released from jail as they await trial defendants can post bail to ensure
their appearance the 8th Amendment protects defendants against excessive bail but this
protection only extends to federal cases if states want to eradicate bill altogether they can
do so however some states have instituted the right to bail in their own state constitutions
the 8th Amendment also pretext defendants against cruel and unusual punishment the
Constitution also safeguards individuals against illegal detainment it writ of habeas corpus
is a written judicial order that requires that inmates case be reviewed in court to determine
if the inmate is being held unconstitutionally this writ was established to keep the
government from the detaining and punishing people illegally Hippias corpus cases take
place in state and federal courts without juries the objective here is to ensure that people
are not being detained for lengthy amounts of time without a trial there are various goals
and models of sentencing once a defendant is sentenced their offense may be retribution of
whereby the goal is to punish the offender for the crime a 2nd goal might be to deter the
offender from committing future crimes the goal of incapacitation aims to lock and offender
up so that they can’t actually offend in the future. Rehabilitation However aims at getting
the offender to learn specific skills so that they are less likely to re-offend in the future
judges are responsible for handing down sentences determinant sentences identify a
specific period of time in which the offender must serve indeterminate sentences identify a
specific time range that the individual will serve based upon their behavior while
incarcerated in some instances the law will set a minimum sentence that must be imposed
for a specific crime these are known as statutory minimum instances whereby defendants
Arca. Victims of more than one crime they may be handed down consecutive sentences or
concurrent sentences consecutive sentences require that one sentence must be served for

2. the entire time before the next sentence begins concurrent sentences permit defendants to
serve more than one sentence at once concurrent sentences will have the offender spending
less time in prison preventive detention laws address repeat offenders who have been
previously convicted of prior crimes have been will offender laws and 3 strikes and you’re
out laws are examples of these preventative detention laws capital punishment remains a
highly debated topic in corrections and sentencing practices currently the federal
government u.s. military and the majority of states have capital punishment statutes in
special circumstances like victim torture killing for financial gain except make qualify a
defendant being charged with a capital crime interesting really most individuals who are
placed on death row will never be executed in Wilkerson versus Utah an 878 the Supreme
Court said that it was not cruel and unusual punishment to be killed by firing squad in in
regular Kemel or in $890.00 the Supreme Court said it was constitutional to electrocute
inmates on death row. It was not actually until the 1970 s. did the Supreme Court rule
against any state for the administration of capital punishment in 1972 the Supreme Court
got rid of both state and federal capital punishment at that time this decision was in
response to firm versus George in 1982 Consequently the sentences of 600 condemned
inmates at that time were commuted to life in prison and Greg versus Georgia in 1986 the
United States Supreme Court said that states could read draft specific laws to determine
how the death penalty would be administered Why why because the Supreme Court never
ruled that the death penalty in of itself was on sconce to Szell and firm in versus Georgia in
1902 what was regarded as unconstitutional where the laws that were in place that
determine eligibility for capital punishment make less likely versus Kemp $987.00 brought
into question the elements of racial discrimination and capital punishment the court of held
that partitioner would have to prove that they personally had been subjected to racial
discrimination in order to determine whether or not equal protection rights were violated
there are many controversies surrounding capital punishment one such controversy is
whether or not capital punishment actually serves as an effective deterrent some research
finds that capital punishment does not deter crime other research purports that capital
punishment specifically the act of execution results in fewer homicides in general capital
punishment has been losing favor since the late 1990 s. much of this disdain is attributed to
the death penalty being unfairly applied capital punishment data continues to show African-
Americans been disproportionately represented on death row Furthermore research finds
that individuals of any race who decide to murder a white person are more likely to receive
the death penalty than victims of other races there also seems to be disparity in socio
economic status. Of capital punishment defendants there are economic class differences
with respect to the application of the death penalty as well research finds that if a victim
was of higher socioeconomic status the defendant would be more likely to receive a death
penalty conviction then if the victim was of a lower socioeconomic background the cost of
capital punishment is certainly of concern it is actually more expensive to execute an
individual than it is to pay for life imprisonment there are a number of states that are
considering abolishing the death penalty in large part for the high costs but also because of
the extent of wrongful convictions this brings into question whether or not the death
penalty represents morality and justice we will discuss this question further in a moment

3. the victims and their experiences ought to be an important consideration in the criminal
justice system the victims serve as witnesses however victims generally feel that they
should have the opportunity to play a much more critical role than just serving as witnesses
victims do however have the opportunity to provide victim impact statements the victim
impact statement is generally included in the pre-sentence investigation report the pre-
sentence investigation report is a document that provides background information and
history about the victim the p.s.r. can also include the victim’s impact statement victim
impact statements are not without controversy victim impact statements allow the judge
and the jury to hear about the harms and experiences of the victim Some find that victim
impact statements will create unfair treatment towards defendants the constitutionality of
victim impact statements were upheld by the United States Supreme Court in 1901 as such
victims still have the ability to make statements during the sentencing hearing about their
experiences capital punishment is very controversial and scripture emphasizes the God for
hidden murder no way a covenant implies that there is a need. Create a jurisdiction of
power capable of ensuring that justice is protected in cases of capital punishment the
jurisdiction of the state was founded with Noah with the institution of capital punishment
no as the head of his family was also a nuclear magistrate in the post do movie and world
the state does not need to be a nation but is the jurisdiction within it and smaller groups
and scripture the avenger of blood is merely the aggrieved who rightly performs the
execution as an agent of the court the state and the land this becomes clear when one
notices that Scripture says when he the avenger of blood meets him the murderer to
execute him that it means after a trial such as proven from verse numbers 35 verse 12 they
the cities of refuge will be places of refuge from the Avenger so that a person accused of
murder may not die before he stands trial before the assembly and by verse 30 but no one is
to put to death on testimony of only one witness the Bible says in Deuteronomy 906 then
Jance by the avenger of the blood before this is rage and he would be guilty of bloodshed.
The point then is that the Bible makes provision for capital punishment but only with a fair
trial that assumes that racism is not a factor in evidence is gathered and presented in a
sound in just a matter the verses discussed above reference 1st Genesis 96 since this
provision of capital punishment was found in God’s covenant with Noah we can infer that it
is still relevant today because it’s not merely limited to Mosaic Law and code on the other
hand the verses we discussed above from the books of numbers in Deuteronomy are
certainly part of Mosaic Law but they are useful for giving us guidelines to ensure just
process at the same time we do not subscribe to other verses and was a law which speaks to
capital punishment for lesser offenses such as the practice of witchcraft because those
penalties were specifically limited to Mosaic Law and conclusion assuming this
interpretation of scripture is accurate no one should enjoy the idea of capital punishment
just like none of us should enjoy the prospect of war sometimes taking the lives of other800
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