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Punishment and Sentencing. Punishment Background and goals Forms of sanction Incarceration Intermediate Probation Death. Sentencing Administrative context Influences on judges Presentence report Sentencing guidelines Equity and sentencing. History of Punishment. Goals of Punishment.
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Punishment and Sentencing • Punishment • Background and goals • Forms of sanction • Incarceration • Intermediate • Probation • Death • Sentencing • Administrative context • Influences on judges • Presentence report • Sentencing guidelines • Equity and sentencing
Goals of Punishment Retribution Deterrence Incapacitation Rehabilitation
Incarceration • Most visible • Less than 30% • Deterrent value • costs
Determinate vs. Indeterminate • Determinate or fixed sentencing.Fixing of specific penalties by legislatures according to the seriousness of the offense. • Indeterminatesentencing.Sentencing that is determined by judges and corrections authorities according to individual offenders.
Mandatory Sentencing A sentence determined by statutes and requiring that a certain penalty be imposed and carried out for convicted offenders who meet certain criteria.
Intermediate Sanctions • Types • Usually combined • Costs
Probation • Most used • Tied to threat of incarceration • Less violent offenders • Shock probation
Death Penalty • Use • Death Penalty and the Constitution • Continuing controversy
Death Penalty and the Constitution • Furman v. Ga. (1972) • Gregg v. Ga. (1976) • McCleskey v. Ga. (1987) • Minors • Retarded Eighth Amendment
Sentencing: Administrative Context • Misdemeanor Courts - Assembly line - Assumptions - Psychic costs Felony Courts and judicial discretion
Influences on Judges’ Sentencing Decisions Ideology Administrative pressures Public opinion Background Presentence Report
Equity and Sentencing • Concerns • Studies • Difficulties in evaluating differences