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Sentencing

Sentencing. Suspended Sentence. Sentence is given but does not have to be served at the time it was imposed. HOWEVER, defendant may have to serve the time later if he/she… is rearrested on another charge violates condition of probation. Probation.

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Sentencing

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  1. Sentencing

  2. Suspended Sentence • Sentence is given but does not have to be served at the time it was imposed. • HOWEVER, defendant may have to serve the time later if he/she… • is rearrested on another charge • violates condition of probation

  3. Probation • Defendant is released to the supervision of a probation officer • Certain conditions apply. • Getting a job • Staying drug-free • Not traveling outside of area during probation

  4. Home Confinement • Defendant is sentenced to serve the term at home • Can only leave home for essential purposes • Work • School • Doctor’s appointment • Defendant sometimes required to wear electronic monitoring device

  5. Fine • Defendant must pay the gov’t an amount of money determined by the court • Ex: Traffic violations

  6. Restitution • Defendant required to pay back or make up for losses or injuries caused to the victim of crime

  7. Work Release • Defendant is allowed to work in the community but must return to prison at night or on weekends.

  8. Imprisonment • Defendant is sentenced to a term in jail or prison • Can be definite • Ex: 2 years • Can be indefinite (listed at minimum and maximum term) • Ex: Not less than 3 years nor more than 10 years

  9. Capital Punishment • Defendant is sentenced to die for his/her crime. • Available in some states, but not others • Reserved for most heinous of crimes • 2-Part Trial • One decides guilt or innocence. The other decides whether the death penalty is appropriate • Aggravating and mitigating circumstances considered

  10. Purposes of Punishment • Retribution • “An eye for an eye…” • Revenge • Deterrence • Discourages others from committing the crime in the future • Rehabilitation • Helping convicted change their behavior so they can lead useful and productive lives after release • Incapacitation • Separating criminals from the rest of society

  11. Parole • Release of a convicted person before his or her entire sentence has been served • May be available… • after serving a minimum sentence • after serving a percentage of a sentence • Parole boards • 7 million people current out on parole • 3% of all U.S. adults

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