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Chapter 9Punishment and Sentencing
Learning Objectives
Outline the historical development of punishment
List the major goals of contemporary sentencing
Distinguish among general and specific deterrence, incapacitation, and retribution
Compare rehabilitation with just deserts
Identify various sentencing models
Learning objectives
Explain how sentences are imposed
Summarize factors associated with sentencing decisions
List the arguments for and against capital punishment
Be familiar with the legal issues associated with capital punishment
The History of Punishment
The punishment and correction of criminals has changed considerably through the ages reflecting:
Custom
Economic conditions
Religious and political ideals
The History of Punishment
Early Greece and Rome Banishment or exile was most common
Middle Ages Little governmental control
Feudal period Emphasis of criminal law was on maintaining
public order
Punishments increased in severity Torture, execution, banishment, mutilation,
branding, and flogging used on a range of offenses
Retribution more important than deterrence
The History of Punishment
Public Work and Transportation to Colonies:
Sixteenth Century - the rise of the city and overseas colonization provided tremendous markets for manufactured goods and spurned a need for labor
Offenders were made to do hard labor for their crimes
“Poor laws” replaced torture
Workhouses were born in England
Convicts transported overseas
The History of Punishment
The Rise of the Prison:
Late 18th century crime rates rose significantly – a return to physical punishment and increased use of death penalty (350 crimes punishable by death)
Jails and workhouses held petty offenders
Hard core prisoners held in abandoned ships in England
Penitentiaries replaced physical punishment in England and America
The Goals of Modern Sentencing
The Goals of Modern Sentencing
Deterrence:
General Deterrence
Punishing the offender convinces potential offenders not to commit crimes
The more certain and severe the punishment, the greater the deterrent effect
Specific Deterrence
The punishment is greater than the benefits
Deters that particular individual from committing a subsequent offense
The Goals of Modern Sentencing
Incapacitation:
Criminals will not be able to repeat their criminal acts while they are under state control
The evidence supporting or negating incapacitation is mixed
The Goals of Modern Sentencing
Retribution/Just Desert: The essential purpose of the criminal process is
to punish offenders-fairly and justly-in a manner that is proportionate to the gravity of their crimes
Sentence should be clear and certain
Rehabilitation: Based upon the need to treat criminal offenders
Society has failed the offender – therefore the justice system is obligated to help and not simply punish
Offenders can be reformed
The Goals of Modern Sentencing
Equity/Restitution:
Convicted criminals should pay back:
Their victims
Justice system costs
Society for the disruption they caused
Repayment to society and the victims by the offender
Sentencing Models
States penalize their convicted offenders in different ways:
Indeterminate sentences
Determinate sentences
Mandatory sentences
Sentencing Models
Indeterminate Sentences:
Most widely used sentencing model in the United States
Based on a treatment philosophy which must fit the needs of the offender
Specify minimum and maximum terms
Can earn time off for good behavior
Sentencing Models
Determinate Sentences:
Prompted by dissatisfaction with disparity and uncertainty of indeterminate sentencing
Utilizes sentencing guidelines:
Recommended sentences are based upon the seriousness of the offense and the background of the offender
Future of guidelines in question
Sentencing Models
Mandatory Sentences:
Limits judicial discretion and gets tough on crime
May exclude probation or parole
May use minimum or maximum terms but most require a fixed prison sentence
Have increased the prison populations significantly
Three-strikes laws - provides lengthy prison terms for three felony convictions
Sentencing Models
Truth In Sentencing:
Require offenders to serve a substantial portion of their prison sentence behind bars
The act requires an offender serve at least 85 percent of the prison sentence in order to qualify for funding
Parole eligibility and good-time credits are restricted or eliminated
Imposing the Sentence
Pre-Sentence Investigation Report:
Most judges consider pre-sentence investigation reports by the probation department
This report is a social and personal history, as well as an evaluation of the defendant’s chances for rehabilitation within the community
Imposing the Sentence
Concurrent vs. Consecutive Sentences:
Concurrent sentences
Serves sentences for two or more crimes at the same time
Consecutive sentences
Sentences for two or more criminal acts are served one after the other
Effects of good time can shorten sentences
Consecutive vs. Concurrent Sentences
Imposing the Sentence
The Effect of Good Time:
When judges sentence offenders, they consider the effect that the amount of time off for good behavior
Good time rates range from 10-15 days per month
Some correctional authorities grant earned sentence reductions to inmates who participate in treatment programs
Imposing the Sentence
How Are People Sentenced?:
The most recent survey found that one million adults are convicted of felonies each year
70 % of all felons convicted in state courts are sentenced to a period of confinement
40 % to state prisons
30 % to local jails
Remaining sentenced to probation with no jail or prison
Imposing the Sentence
What Factors Affect Sentencing?: Severity of the offense Offender’s prior criminal record Violence involved Weapons involved Financially motivated Social class Gender Age Race Victim characteristics
Lengths of Felony Sentences Imposed By State Courts
Capital Punishment
The most severe sentence in the United States
More than 14,500 confirmed executions in America since 1608
Arguments for and against the death penalty
Sentence by Prior Record
Capital Punishment
Arguments for the Death Penalty:
Incapacitation
Deterrence
Morally Correct
Proportional to the Crime
Reflects public opinion
Unlikely Chances of Error
Capital Punishment
Arguments Against the Death Penalty: Possibility of Error Unfair use of Discretion Misplaced Vengeance Weak Public Support No Hope of Rehabilitation Race, Gender, and other Bias Causes More Crime than it Deters Cruel and Inhuman Expensive Morally Wrong
Capital Punishment
Legal Issues in Capital Punishment: Furman v. Georgia
The Court objected to arbitrary and capricious application
Gregg v. Georgia Consider aggravating and mitigating circumstances
Ring v. Arizona Jury must impose sentence
Atkins v. Virginia May not execute mentally ill
Roper v. Simmons Must be 18 years old to be executed
Executions 1930-Present
Death Penalty and Non-Death Penalty States with Executions since 1976