0131389033 ppt08

CJ 2011James A. Fagin

Pearson Education, Inc © 2010

Chapter 8:Sentencing


© 2011 Pearson Higher Education,Upper Saddle River, NJ 07458. • All Rights

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After completion of this chapter, students should be able to:

Describe the various purposes of criminal sanctions

Understand the insanity defense Describe the purpose of a presentence investigation report

Detail differences between determinate and indeterminate sentencing models

Explain how civil rights challenges have affected the death penalty



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There are various different reason for punishment

People have many conflicting opinions as to the purpose of punishment

Over a million sentences are handed down by judges annually

This criminal justice system does not reflect a consistent approach to sentencing



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1. Deterrence2. Incapacitation3. Retribution4. Rehabilitation5. Restorative Justice



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Punishment should prevent the criminal from reoffendingEffective with law-abiding citizensCorporal PunishmentSpecific DeterrenceGeneral DeterrenceSterilization



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The only way to prevent criminals from reoffending is to remove them permanently from society

Banishment Transportation Imprisonment

‘warehousing’ or ‘lock and feed’



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Criminals should be punished because they deserve it‘Just desserts’‘Get-tough’ era of sentencing19th and 20th century prison officials favored harsh prison conditionsThe public expects prisoners to be punished



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Criminals can be “cured” of their problems and criminality to be returned to society

Views criminality as a disease to be cured

Most believe this is not working given a high recidivism

WarehousingMost rehabilitation today focuses on juveniles



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Focuses more on victims rather than the offenders. Rehabilitation is often criticized for forgetting the victim

Offender should be made to provide some contribution to the community

Sentences require restitution to the victim

Community service imposed in about 5% of all cases



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Court arranges for defendant to be examined by a mental health professional prior to trial

As an ‘expert witness’ the mental health professional can testify during trial

Jury must decide if defendant’s mental condition meets the standard for insanity



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Insanity Defense Reform Act of 1984 Defendant must undergo a ‘civil commitment examination’

Determines whether defendant should be released or confined to an institution

State Courts ‘Guilty but mentally ill’ Jury can find defendant mentally ill, but still commit to a state prison



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Information gathered about a convicted person

Used by the judge to determine the best sentence

Gathered by probation or parole officer to include: employment history family relations reputation in community prior convictions



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Victims can influence the judge’s sentencing

Civil Rights advocates consider the statements to be prejudicial and biased

Supporters argue that the harm and suffering of a victim is an appropriate factor for determining the sentence



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There are two models that govern the practice of sentencing by judges:

1. Indeterminate sentencing2. Determinate)sentencing



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Sentence may range from 1 to 20 years

Gives judge more latitude and flexibility

Prisoner’s behavior and progress toward rehabilitation affect release date



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Offender is sentenced to a fixed term of incarceration

Also called ‘flat sentences’ or ‘fixed sentences’

Proponents claim this sentencing format eliminates discrimination in sentencing



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A strict application of full sentences

Favored by public who believe offenders get off ‘too easy’

Sentencing not left to the judge’s discretion

For example, if the law calls for 2 year sentence for a crime involving a firearm, defendant must serve the 2 years



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Punishes repeat offenders more severely

Three strikes-and-out law originated in California

Critics believe this creates situations where offenders are receiving disproportionately long prison terms for minor felonies



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Early parole is not an option

Requires the court to disclose the actual prison time that the offender will serve

Some states require the offender to serve at least 85% of their sentence before eligible for release



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Capital punishment is an ongoing controversy in America’s history

Abolitionists believe capital punishment to be ineffective as a crime deterrent

Abolitionists also believe government does not have the right to take a human life



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Furman v. Georgia (1972) U.S. Supreme Court suspended the death penalty

Gregg v. Georgia (1976) U.S. Supreme Court allowed use of death penalty through ‘bifurcated trail’ process



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Innocent parties convicted

Official misconduct and error

Racial bias

Past exonerations through DNA evidence

0131389033 ppt08

News & Politics

Transcript of 0131389033 ppt08