Chapter 11SENTENCING AND SANCTIONS

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Purpose of Criminal Sanctions

Criminal Sanctions – A penalty imposed for violating accepted social norms. A sanction may be civil or criminal in nature. Criminal sanctions are either fine, imprisonment, or both.

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Philosophies of Punishment

1. Deterrence

2. Incapacitation3. Retribution4. Rehabilitation5. Restorative Justice

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Philosophies of Punishment

1. Deterrence – to prevent future crime. A painful experience should deter recurring behavior.

Corporal Punishment (inflicting pain) Public Punishment Sterilization

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Would deterrence work on him?

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Philosophies of Punishment

2. Incapacitation – remove from society so criminals are prevented from committing other crimes

Banishment Transportation (Convicts moved

somewhere else) Prison

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Philosophies of Punishment

3. Retribution – punishment because they deserve it. Many cases in a similar fashion to the crime committed.

“an eye for an eye” Death penalty – (Controversial)

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Philosophies of Punishment

4. Rehabilitation – “cure” the offender of criminal behavior

Psychology, medicinal/drug treatment, self-esteem counseling, education

Focus on juvenile crime

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Philosophies of Punishment

5. Restorative Justice – rehabilitating the victim to address the damage done Restitution Community Service Mediation between victims and

criminals

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Sentencing

• The jury determines guilt but the judge sets the punishment.

• Except in capital cases…. where a jury is used in several states.

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Sentencing

All criminal laws passed by state legislature of U.S. Congress must specify a range of punishments a judge can impose.

Misdemeanor – maximum sentence cannot exceed one year

Felony – maximum sentence of life

On average it takes over a year from verdict to sentencing!!!!!

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Sentencing

Pre-sentence Investigation Report – to help judge decide best sentence Previous crimes and convictions

considered Employment, family, and reputation

considered Guilt, remorse, and cooperation Victim impact statement allowed

sometimes

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Look at the example 14

Austin Myers - Ohio

https://www.youtube.com/watch?v=Iykahf4Php0

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https://www.youtube.com/watch?v=Mu2hq9C6vZQ

https://www.youtube.com/watch?v=CLJQPF6UcyU

Death Penalty – To be or not to be?

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Informal Debate

Go to the criminal justice class page.

Open the document titled “Death Penalty Discussion Worksheet”

Email me when finished.

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