2. The Goals of Punishment
General deterrence
Incapacitation
Specific deterrence
Retribution/Just desert
Rehabilitation
Equity/restitution
Restoration
3. The Goals of Punishment
General Deterrence
People should be punished to set an example
for others
Punishment should be certain, swift and
severe
… but not be so harsh as to seem
disproportionate or unfair
4. The Goals of Punishment
Incapacitation
Preventing crime by keeping offenders
under state control
Evidence is mixed
Other factors that have an influence on
crime rates:
Population makeup
Police effectiveness
Drug use
The economy
5. The Goals of Punishment
Specific Deterrence
The experience of suffering punishment
should inhibit future law violations
To convince offenders that the pains of
punishment are greater than the potential
benefits of their crimes
Mixed results in the research regarding
effectiveness
6. The Goals of Punishment
Retribution/Just Desert
The punishment should fit the crime
Those who violate the rights of others
deserve to be punished
7. The Goals of
Punishment
Rehabilitation
The justice system is obligated to help
these unfortunate people, and not simply
punish them for their misdeeds
Proper treatment will prevent future
crimes
8. The Goals of
Punishment
Equity/Restitution
The action or practice of awarding each person
his/her just due
Seeks to compensate individual victims and the
general society for their losses due to crime
We generally handle this in civil court.
We generally don’t have offenders pay victims in
cases other than property or financial crimes.
9. The Goal of Punishment
Restoration
Defendants may be asked to confront their
behavior, the damage they caused the
victim, and the shame they brought to
their family, friends, and community
we do this with victim impact panels
11. Imposing the Sentence
Concurrent Sentences
Served at the same time
Consecutive Sentences
Served one after the other
The Effect of Good Time
Reduction in sentence for good behavior
State Prison
6 months off and day for day good time
Local Jail
Day for day good time
13. Sentencing Models
Indeterminate Sentences
Offenders are placed in confinement only
until they are rehabilitated, and then
released on parole
Example: Your sentenced to 5-10 years for
Burglary. You may get out after 5 years but
also might serve up to 10…
Determinate Sentences
A fixed term of years to be served by the
offender sentenced to prison for a particular
crime
Example: You sentenced to a fixed 10 years
14. Sentencing Models
Sentencing Guidelines
Regulate the length of determinate sentences
Curb judicial discretion
Created by sentencing commissions
The Sentencing Grid
Prior record
Current offense
16. Sentencing Models
Mandatory Sentences
Fixed prison sentence for certain crimes
Chronic recidivists
Limits judicial discretion
17. Sentencing Models
Three Strikes Laws
Long prison sentences for any person
convicted of three felony offenses
Legal controls
Truth in Sentencing
Require offenders serve a substantial
amount of sentence
Elimination or reduction of parole and
good time
18. How People Are Sentenced
What Factors Affect Sentencing?
The severity of the offense
The offender’s prior criminal record
Whether the offender used violence
Whether the offender used weapons
Whether the crime was committed for money
Basically everything affects the sentence……
19. Capital Punishment
The Current Numbers
Yearly Executions
DNA Video
Arguments For & Against
20. Capital Punishment
More than 14,500 confirmed
executions have been carried out
since 1608
Today there are more than 3200 people on
death row
In recent years the Supreme Court has
limited the death penalty to first-degree
murder, and only with aggravating
circumstances
23. Video: Discussion
Questions
Discuss the application of
DNA evidence to the death
penalty?
Should the death penalty be
a possible sentence even in
the absence of DNA
evidence? Why or why not?
24. Capital Punishment
Arguments for the Death Penalty
Incapacitation
Deterrence
Morally correct
Proportional to the crime
Reflects public opinion
Unlikely chance of error
25. Capital Punishment
Arguments against the Death Penalty
Possibility of error
Unfair use of discretion
Misplaced vengeance
Weak public support
Little deterrent effect
No hope of rehabilitation
Race, gender, and other bias
Causes more crime than it deters
It is brutal
It is expensive
Morally wrong
26. Capital Punishment
Several prominent cases have created
our current understanding of capital
punishment:
Furman v. Georgia
Gregg v. Georgia
Ring v. Arizona
Atkins v. Virginia
Roper v. Simmons
Kennedy v. Louisiana
Baze v. Rees
Michael Mele, escorted here in handcuffs, was booked on murder charges in the death of Laura Garza. Mele, who had several sex-offense convictions in New York, pleaded not guilty in the killing of Garza, an aspiring dancer who vanished two years before after leaving a New York City nightclub with Mele.
Learning Objectives Two & Three
Learning Objectives Two & Three
Learning Objective Two
Learning Objectives Two, Three & Four
Learning Objectives Two & Four
Learning Objective Two - Tony Alamo, founder of Tony Alamo Christian Ministries, is seen leaving a federal courthouse shortly after his restitution hearing in downtown Texarkana, Arkansas, on January 13, 2010. U.S. District Judge Harry Barnes, of the Western District of Arkansas, awarded $500,000 to each of five child-abuse victims for their suffering. A year earlier, Alamo was found guilty on 10 federal counts of child abuse after an investigation turned up evidence of polygamy, underage marriage, and physical and sexual abuse on his 15-acre compound in northeast Texas.
Michael Mele, escorted here in handcuffs, was booked on murder charges in the death of Laura Garza. Mele, who had several sex-offense convictions in New York, pleaded not guilty in the killing of Garza, an aspiring dancer who vanished two years before after leaving a New York City nightclub with Mele.
Learning Objective Five
Figure 11.1 Consecutive vs. Concurrent Sentences
Learning Objective Six
Learning Objective Six
Figure 11.2 Minnesota Sentencing Guidelines Grid
Learning Objective Six
Learning Objective Six
Learning Objective Seven
Michael Mele, escorted here in handcuffs, was booked on murder charges in the death of Laura Garza. Mele, who had several sex-offense convictions in New York, pleaded not guilty in the killing of Garza, an aspiring dancer who vanished two years before after leaving a New York City nightclub with Mele.
Figure 11.4 Yearly Executions in the United States
Learning Objectives Eight and Nine - Defense lawyer Kevin Spellacy checks the reaction of Denny Obermiller to hearing a sentence of death pronounced by a three-judge panel in his sentencing on February 25, 2011. Obermiller pleaded guilty to multiple counts of aggravated murder, kidnapping, rape, and other crimes.
