This document provides an overview of different approaches to sentencing in the criminal justice system, including retribution, incapacitation, deterrence, rehabilitation, and restorative justice. It also discusses types of sentencing such as indeterminate sentencing, structured sentencing, and mandatory minimums. Alternative sentencing options and the role of victims in the sentencing process are also covered briefly.

1. Criminal JusticeCriminal Justice
A Brief IntroductionA Brief Introduction
CHAPTER
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ELEVENTH EDITION
Sentencing
9

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Frank Schmalleger
RetributionRetribution
• The act of taking revenge on a criminal
perpetrator
• The earliest-known rationale for
punishment
• Corresponds to the model of sentencing
called just deserts
continued on next slide

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RetributionRetribution
• Just deserts
 A model of criminal sentencing that
holds that criminal offenders deserve
the punishment they receive. The
primary sentencing tool of the just
deserts model is imprisonment

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IncapacitationIncapacitation
• The use of imprisonment or other
means to reduce the likelihood that an
offender will commit future offenses
• Seeks to protect innocent members of
society
continued on next slide

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IncapacitationIncapacitation
• Separates offenders from the
community to reduce opportunities for
further criminality
• Incapacitation requires only restraint,
not punishment.

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DeterrenceDeterrence
• General Deterrence
 A goal of criminal sentencing that seeks
to prevent others from committing
crimes similar to the one for which a
particular offender is being sentenced by
making an example of the person
sentenced
• Overall goal is crime prevention
continued on next slide

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DeterrenceDeterrence
• Deterrence is compatible with the goal
of incapacitation.
• Retribution is oriented toward the past;
deterrence is a strategy for the future
and aims to prevent new crimes.
continued on next slide

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DeterrenceDeterrence
• Specific Deterrence
 A goal of criminal sentencing that seeks
to prevent a particular offender from
engaging in repeat criminality
 Aims to reduce the likelihood of
recidivism

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RehabilitationRehabilitation
• Rehabilitation
 The attempt to reform a criminal
offender
• Seeks to bring about fundamental
changes in offenders and their behavior
• Fell victim in the 1970s to the nothing-
works doctrine

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RestorationRestoration
• Restoration
 A goal of criminal sentencing that
attempts to make the victim "whole"
again
continued on next slide

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RestorationRestoration
• Restorative justice
 A sentencing model that builds on
restitution and community participation
in an attempt to make amends to the
victim
• Community-focused
• Primary goal is improving the quality of
life for all members of the community.

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Indeterminate SentencingIndeterminate Sentencing
• Indeterminate sentencing
 A model of criminal punishment that
encourages rehabilitation through the
use of general and relatively unspecific
sentences
• Relies heavily on judges' discretion to
choose among types of sanctions and to
set upper and lower limits on the length
of prison stays
continued on next slide

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Indeterminate SentencingIndeterminate Sentencing
• The indeterminate model was created
to take into consideration differences in
the degree of guilt.
• The inmate's behavior while
incarcerated is the primary determinant
of the amount of time served.
continued on next slide

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Indeterminate SentencingIndeterminate Sentencing
• Consecutive Sentence
 Served one after the other
• Concurrent Sentence
 Two or more sentences served at the
same time
continued on next slide

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Indeterminate SentencingIndeterminate Sentencing
• Gain Time
 The amount of time deducted from
prison time on a given sentence as a
consequence of participation in special
projects or programs
• Good Time
 The amount of time deducted from
prison time on a given sentence as a
consequence of good behavior

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Structured SentencingStructured Sentencing
• Critics of indeterminate model called for
the recognition of three fundamental
sentencing principles
 Proportionality
 Equity
 Social debt
continued on next slide

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Structured SentencingStructured Sentencing
• Structured sentencing
 A model of criminal punishment that
includes determinate and commission-
created presumptive sentencing
schemes
• Typically relying on a quantitative scoring
instrument
continued on next slide

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Structured SentencingStructured Sentencing
• Structured sentencing
 A model of criminal punishment that
includes determinate and commission-
created presumptive sentencing
schemes
• Not voluntary/advisory in that judges
had to adhere to the sentencing system
or provide a written rationale for
departing from it
continued on next slide

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Structured SentencingStructured Sentencing
• Determinate sentencing
 A model of criminal punishment in which
an offender is given a fixed term of
imprisonment that may be reduced by
good time or gain time
• Also specifies an anticipated release date
continued on next slide

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Structured SentencingStructured Sentencing
• Presumptive sentencing
 Developed by a sentencing commission
rather than state legislature
• Explicit and highly structured

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Voluntary/Advisory SentencingVoluntary/Advisory Sentencing
GuidelinesGuidelines
• Recommended sentencing policies that
are not required by law
• Usually based on past sentencing
practices
• Serve as guides to judges
• A form of structured sentencing

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Structured SentencingStructured Sentencing
• Aggravating Circumstances
 Circumstances relating to the
commission of a crime that make it
more grave than the average instance
of that crime
continued on next slide

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Structured SentencingStructured Sentencing
• Mitigating Circumstances
 Circumstances relating to the
commission of a crime that may be
considered to reduce the
blameworthiness of the offender

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Federal Sentencing GuidelinesFederal Sentencing Guidelines
• Comprehensive Crime Control Act
(1984)
 A close correspondence between the
sentence imposed on an offender and
the time actually served in prison
 Nearly eliminated good-time credits and
began the process of both phasing out
federal parole and eliminating the U. S.
Parole Commission
continued on next slide

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Federal Sentencing GuidelinesFederal Sentencing Guidelines
• Comprehensive Crime Control Act
(1984)
 Funds available for states that adopt
truth-in-sentencing laws and are able to
guarantee that certain violent offenders
will serve 85% of their sentences
continued on next slide

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Federal Sentencing GuidelinesFederal Sentencing Guidelines
• Specified a sentencing range from
which judges had to choose
• Departures were generally expected
only in the presence of aggravating or
mitigating circumstances.
continued on next slide

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Federal Sentencing GuidelinesFederal Sentencing Guidelines
• Federal sentencing guidelines are built
around a table, with each row
corresponding to one offense level.
 Defendants may move into the highest
criminal history category by virtue of
being designated a career offender.
continued on next slide

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Federal Sentencing GuidelinesFederal Sentencing Guidelines
• Plea bargaining under the Federal
Sentencing Guidelines required that the
agreement:
 Be fully disclosed in the record of the
court.
 Detail the actual conduct of the offense.
• Melendez v. U.S. (1996)

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Three Strikes LawsThree Strikes Laws
• A 2012 review of three-strikes
legislation found that 16 states recently
modified these laws in response to
difficult economic conditions.
 About half of the states have passed
three-strikes legislation.
 Questions remain about the
effectiveness of three-strikes legislation.

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Mandatory SentencingMandatory Sentencing
• Mandatory sentencing
 A structured sentencing scheme that
allows no leeway in the nature of the
sentence imposed
continued on next slide

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Mandatory SentencingMandatory Sentencing
• Diversion
 The official suspension of criminal or
juvenile proceedings against an alleged
offender at any point after a recorded
justice system intake, but before the
entering of a judgment

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Innovations in SentencingInnovations in Sentencing
• Alternative Sentencing Options
 With an ever-growing number of cases,
innovative judges in certain jurisdictions
are using discretionary sentencing to
impose truly unique punishments.
continued on next slide

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Innovations in SentencingInnovations in Sentencing
• We are facing prison overcrowding,
high incarceration costs, and the public
is calling for retribution.
• Other judges have used shaming
strategies to deter wrongdoers.

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Alternative SentencingAlternative Sentencing
• The use of
 Court-ordered community service, Home
detention, day reporting, drug
treatment, psychological counseling,
victim-offender programming, intensive
supervision
 …in lieu of other, more traditional
sanctions, such as imprisonment and
fines.

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The Presentence InvestigationThe Presentence Investigation
• Presentence investigation (PSI)
 The examination of a convicted
offender's background prior to
sentencing
continued on next slide

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The Presentence InvestigationThe Presentence Investigation
• The presentence investigation report
can take one of three forms:
 A detailed written report on the
defendant's personal and criminal
history
 An abbreviated written report
summarizing the information
 A verbal report to the court
continued on next slide

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The Presentence InvestigationThe Presentence Investigation
• Sources of information for the
presentence investigation/report
 Federal Bureau of Investigation's
National Crime Information Center
(NCIC)
 Individual jurisdictions' records
 The defendant (whose information
should be corroborated with other
sources)

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The Victim – Forgotten No LongerThe Victim – Forgotten No Longer
• The sentencing process now frequently
includes consideration of the needs of
victims and survivors.
• There is no victims' rights amendment
to the federal Constitution.
 However, more than 30 states have
passed their own victims' rights
amendments.
continued on next slide

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The Victim – Forgotten No LongerThe Victim – Forgotten No Longer
• Violent Crime Control and Law
Enforcement Act of 1994
continued on next slide

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The Victim – Forgotten No LongerThe Victim – Forgotten No Longer
• Much of the philosophical basis of
today's victims' movement can be
found in the restorative justice model.
• In 2001, the USA PATRIOT Act
amended the Victims of Crime Act of
1984.
 Made victims of terrorism (and their
families) eligible for victims'
compensation payments

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Victim Impact StatementsVictim Impact Statements
• An in-court statement made by the
victim or survivor to sentencing
authorities, seeking to make an
informed sentencing decision
• One study of the efficacy of victim-
impact statements found that
sentencing decisions are rarely affected
by them.
continued on next slide

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Victim Impact StatementsVictim Impact Statements
• They have little effect because judges
and other officials have established
ways of making decisions which do not
require explicit information about the
impact.

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Sentencing RationalesSentencing Rationales
• Fines
• Probation
• Imprisonment
• Death

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Sentencing PracticesSentencing Practices
• State courts convicted 1,132,000 felons
in 2006.
 28% received jail sentences involving
less than one year's confinement.
 27% were sentenced to probation with
no jail or prison time to serve.
 The largest offense category for which
state felons were sent to prison was
drug offenses.

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FinesFines
• One of the oldest forms of punishment
• Often imposed for relatively minor law
violations
• Most likely to be imposed where the
offender has both a clean record and
the ability to pay
• Day-fine system

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Habeas Corpus ReviewHabeas Corpus Review
• Writ of Habeas Corpus
 Directs the person detaining a prisoner
to bring him or her before a judicial
officer to determine the lawfulness of
the imprisonment

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The Death Penalty and theThe Death Penalty and the
InnocentInnocent
• A 2000 study examined 4,578 death-
penalty cases in state and federal
courts from 1973 to 1995.
• The appellate courts overturned the
convictions or reduced the sentence in
68% of the cases examined.
continued on next slide

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The Death Penalty and theThe Death Penalty and the
InnocentInnocent
• In 82% of the successful appeals,
defendants were found to be deserving
of a lesser sentence, and convictions
were overturned in 7% of such appeals.

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Justification for CapitalJustification for Capital
PunishmentPunishment
• 'Cold-blooded murder' justifies a
sentence of death.
• Justifications for the death penalty are
collectively referred as the retentionist
position.
continued on next slide

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Justification for CapitalJustification for Capital
PunishmentPunishment
• Three retentionist arguments
 Just deserts
 Revenge
 Protection

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The Future of the Death PenaltyThe Future of the Death Penalty
• A 2010 national poll of 1,500 registered
voters conducted for the Death Penalty
Information Center showed growing
support for alternatives to the death
penalty, compared with previous polls.
 61% of the majority said they would
choose a punishment other than capital
punishment for murder.
continued on next slide

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The Future of the Death PenaltyThe Future of the Death Penalty
• A 2010 national poll of 1,500 registered
voters conducted for the Death Penalty
Information Center showed growing
support for alternatives to the death
penalty, compared with previous polls.
 52% life without possibility of parole
 9% life with the possibility of parole