CHAPTER 9 Sentencing IntroductionJames Q. Wilson: “wicked people exist”Set them apart through imprisonment Thomas Hobbes: “in revenge and punishments men ought not to look at the greatness of evil past, but at the greatness of the good to follow”Sentencing should deter offenders Goals of SentencingMany reasons for imposing sanctions, may be contradictoryRetributionDeterrenceIncapacitationRehabilitationRestoration Reasons not mutually exclusive, often overlap RetributionReflects society’s moral outrage at or disapproval of a crime Focus on crime, not individual Sentence proportionate to crime; balance harm caused by offender DeterrencePeople are rational beings with free will who prefer pleasure over painPeople weigh the benefits and cost of future actions before deciding to actChoose crime when benefits exceed costs Types of deterrenceSpecific deterrence: aimed at individual offendersGeneral deterrence: aimed at potential offenders IncapacitationRemoval of offenders from the community through imprisonment or banishment Form of specific deterrence; prevents offenders from committing future crimes Selective incapacitation; focus on high-rate and dangerous career criminals RehabilitationReforming an offender to become a productive member of society through treatment, education, or counseling Dominant philosophy during period of 1940s through the 1970s Identify causes of criminality, determine treatment likely to prevent reoffending ProportionalityFairness: making the punishment fit the crime Ultimate determination of proportionality made by Supreme Court Types of SentencesPrimarily linked to particular offenses Specified by state and federal criminal codes Judges have wide range of sentencing options Intermediate SentencesIntermittent incarceration Intense probation supervision FinesCommunity service Restitution Forfeiture Indeterminate Prison SentencesEstablishes minimum and maximum number of years to be served Actual time for release determined by a parole board Determinate or Structured Prison SentencesFixed terms of imprisonment Emerged as a result of the sentencing reform movement in the 1970s GoalsEliminate sentencing disparitiesCreate system of uniform sentencesRedistribute time served in prison Presumptive SentencingRange of minimum and maximum terms of incarceration Judge determines specific number of years served within range May depart from presumptive sentence if aggravating or mitigating factors exist Sentencing GuidelinesLimit judge’s discretion to impose disparate sentences for similar offenders Deemphasize rehabilitation as a primary goal in sentencing Guidelines direct judge to determine sentence by weighing offender’s criminal history against severity of current offense Mandatory SentencesRequire imprisonment of offenders who are convicted of certain types of serious crimes Mandatory minimum sentences established enhanced prison terms for particular crimes Habitual Offender Statute.

1. CHAPTER 9
Sentencing
IntroductionJames Q. Wilson: “wicked people exist”Set them
apart through imprisonment
Thomas Hobbes: “in revenge and punishments men ought not to
look at the greatness of evil past, but at the greatness of the
good to follow”Sentencing should deter offenders
Goals of SentencingMany reasons for imposing sanctions, may
be
contradictoryRetributionDeterrenceIncapacitationRehabilitation
Restoration
Reasons not mutually exclusive, often overlap
RetributionReflects society’s moral outrage at or disapproval of
a crime
Focus on crime, not individual
Sentence proportionate to crime; balance harm caused by
offender

2. DeterrencePeople are rational beings with free will who prefer
pleasure over painPeople weigh the benefits and cost of future
actions before deciding to actChoose crime when benefits
exceed costs
Types of deterrenceSpecific deterrence: aimed at individual
offendersGeneral deterrence: aimed at potential offenders
IncapacitationRemoval of offenders from the community
through imprisonment or banishment
Form of specific deterrence; prevents offenders from
committing future crimes
Selective incapacitation; focus on high-rate and dangerous
career criminals
RehabilitationReforming an offender to become a productive
member of society through treatment, education, or counseling
Dominant philosophy during period of 1940s through the 1970s
Identify causes of criminality, determine treatment likely to
prevent reoffending
ProportionalityFairness: making the punishment fit the crime
Ultimate determination of proportionality made by Supreme
Court
Types of SentencesPrimarily linked to particular offenses
Specified by state and federal criminal codes
Judges have wide range of sentencing options

3. Intermediate SentencesIntermittent incarceration
Intense probation supervision
FinesCommunity service
Restitution
Forfeiture
Indeterminate Prison SentencesEstablishes minimum and
maximum number of years to be served
Actual time for release determined by a parole board
Determinate or Structured Prison SentencesFixed terms of
imprisonment
Emerged as a result of the sentencing reform movement in the
1970s
GoalsEliminate sentencing disparitiesCreate system of uniform
sentencesRedistribute time served in prison
Presumptive SentencingRange of minimum and maximum terms
of incarceration
Judge determines specific number of years served within range
May depart from presumptive sentence if aggravating or
mitigating factors exist
Sentencing GuidelinesLimit judge’s discretion to impose
disparate sentences for similar offenders
Deemphasize rehabilitation as a primary goal in sentencing

4. Guidelines direct judge to determine sentence by weighing
offender’s criminal history against severity of current offense
Mandatory SentencesRequire imprisonment of offenders who
are convicted of certain types of serious crimes
Mandatory minimum sentences established enhanced prison
terms for particular crimes
Habitual Offender StatutesThree-strikes laws
Require longer sentences for offenders convicted of a third
violent felony
Unintended consequencesPositive association with homicide
ratesDisproportionately harsh effects on African Americans
Truth in SentencingRequire that offenders and especially
violent offenders serve at least 85% of their sentences
Establish closer correspondence between judicially imposed
sentences and actual time served in prison
Concurrent and Consecutive SentencesConcurrent
sentencesMultiple sentences served at the same time
Consecutive sentencesMultiple sentences served one after
another
Arriving at an Appropriate SentenceSentencing a difficult
decision for judges

5. Consider three interrelated questionsWhat are the appropriate
goals of sentencing and how should they be weighed?How can
sentencing goals be achieved under the circumstances of the
case?What specific sentence is justified given facts of the case?
The Presentence Investigation Report (PSI)Widely believed to
be the cornerstone of sentencing decisions
Comprehensive report on offender background, offense, other
relevant information
Helps the court understand the nature of the crime within the
context of the offender’s life
Based on interviews with offender, family members, employers,
friends, police reports, victim statements
The Sentencing HearingFelony sentencing takes place at
sentencing hearing
Offender may deny, explain, add to information in PSI report
Prosecutor may make sentence recommendations
Bifurcated trial required in sentencing of offenders convicted of
capital crimes
Role of the Victim in SentencingVictims permitted to submit
victim impact statements (VIS); oral or written
Justifications for VIS at sentencing
Criticisms of VIS
Disparity and Discrimination in SentencingDeterminate
sentencing reduces sentencing disparity but does not eliminate

6. it
Sentencing disparities occur when similar cases are sentenced
differently
Sentencing discrimination exists when illegitimate morally
objectionable or extralegal factors are taken into account in the
sentencing decisions
Disparity and Discrimination in SentencingRace/ethnicity:
African Americans disproportionately receive prison sentences
Gender: Women find increasing leniency at all stages of system
Socioeconomic status: Poor defendants less able to post bail,
may lead to disadvantage at sentencing
Age: Research mixed, but recent study found no significant
relationship between offender age and length of sentence
Capital PunishmentBetween 1977 and 2014, more than 1,394
executions in the United States
Average of 38 executions each year
Peaked in 1999, when 98 persons were executed
Number of Persons Executed in the United States, 1977–2014
Source: Snell, T. (2014). Capital punishment, 2014—Statistical
tables. Washington, DC: U.S. Department of State.
Supreme Court DecisionsFurman v. Georgia (1972)
McCleskey v. Kemp (1972)
Gregg v. Georgia (1976)
Coker v. Georgia (1977)

7. Kennedy v. Louisiana (2008)
Supreme Court DecisionsPerry v. Lynaugh (1989)
Stanford v. Kentucky (1989)
Payne v. Tennessee (1991)
Atkins v. Virginia (2002)
Roper v. Simmons (2005)
The Death Penalty Today36 states, federal government have
statutes authorizing death penalty
Since 1977, executions carried out in 34 states65% in Florida,
Missouri, Oklahoma, Texas, VirginiaMore than 1/3 in Texas
Majority of prisoners under sentence of death in 2013 were
white, never married, had less than high school education,
overwhelmingly male
Methods of ExecutionMethods used in United StatesLethal
injectionElectrocutionLethal gasHangingFiring squad
Lethal injection primary/exclusive method in 36 states
Arguments for Capital PunishmentLargely focused on deterrent
impact
Another justification rests on the principle of retribution
Broad public support for death penalty persists in United States
Arguments Against Capital PunishmentDiscrimination in

8. application
Brutalizing effect on society
Criminal justice system not infallible; possibility of death-row
inmate being innocent exists
Grounds for Appellate Review of SentenceSentence violates
Eighth Amendment
Sentence is disproportionate
Abuse of discretionary power
Fell outside statutory sentence guidelines
Imposed by a court not having jurisdiction authority
The Appeal ProcessPostconviction appealsNotice of appeal must
be filed 30 to 90 days following convictionAll death penalty
sentences required to undergo automatic appellate review
Today, after exhausting state appeals, most prisoners are
allowed only one appeal in federal courts
Topic: Sentencing
Learning Objectives
· Know the goals and objectives of sentencing.
· Understand the concept of proportionality in sentencing and
describe how the Supreme Court has applied this concept in its
review of sentencing cases.
· Identify the various types of sentences, including
intermediate, indeterminate, determinate, and mandatory
sentences, and elucidate the reasons behind “get tough” reforms
such as habitual offender statutes.

9. · Be aware of the process of arriving at a sentence and the
potential problems of disparities and discrimination in
sentencing.
· Describe the current status of the death penalty, the Supreme
Court’s rulings on capital punishment, and the arguments put
forth in support of and against the death penalty.
· Grasp the process for appellate review of sentences.
1. Explain the goals of sentencing.
2. Using examples, describe the types of sentencing.
3. What steps can courts take to make sure sentencing is free of
discrimination and disparate treatment?