Chapter 11 Punishment and Sentencing

1. Chapter 11 Punishment and Sentencing

2. Learning Outcomes LO1: List and contrast the four basic philosophical reasons for sentencing criminals LO2: Contrast indeterminate sentencing with determinate sentencing LO3: List the six forms of punishment LO4: Explain some of the reasons why sentencing reform has occurred. LO5: Outline the Supreme Court rulings on capital punishment that led to the bifurcated process for death penalty sentencing

3. List and contrast the four basic philosophical reasons for sentencing criminals.

4. Learning Outcome 1 Philosophical Reasons for Sentencing: • Retribution • Deterrence • General and Specific • Incapacitation • Rehabilitation

5. Learning Outcome 1 • Restorative Justice • Provides victims with: • An opportunity to participate in the process • Material reparations • An apology • Attempts to repair damage that a crime does to the victim.

6. CAREERPREP Mediation Specialist Job Description: • Complement the standard adjudication of a crime by acting as a third party facilitator between the victim and the offender. Help resolve their conflicts through a face-to-face discussion of the criminal act. • Encourage the increased presence of re storative justice in the criminal justice system. What Kind of Training Is Required? • No formal licensing or certification process exists for mediators. Rather, training is available through independent mediation programs and mediation organizations. Some colleges and universities offer advanced degrees in conflict management and dispute resolution. • Skills required include the ability to communicate, negotiate, solve problems, and analyze difficult situations. Successful mediators are also highly intuitive and able to meet clients’ emotional needs during difficult times. Annual Salary Range? $28,000–$102,200 For additional information, visit: www.voma.org.

7. Contrast determinate and indeterminate sentencing.

8. Learning Outcome 2 • Legislative sentencing authority • Indeterminate sentencing • Set a minimum and maximum sentence, within which a judge prescribes a particular term . • Parole board decides when the offender is released. • Parole and the Parole Board • Determinate sentencing

9. Learning Outcome 2 • Legislative sentencing authority • Determinate sentencing • Offender serves the exact amount of time of the sentence

10. Learning Outcome 2 In reality, the actual sentence does not reflect the actual amount of time spend in jail. • Parole boards • “good time” In response to public concerns, some states passed a truth-in-sentencing law.

11. Learning Outcome 2 • Legislative sentencing authority • Determinate sentencing • Offender serves the exact amount of time of the sentence

12. Learning Outcome 2 Judicial sentencing authority • Judges bear most of the responsibility for choosing sentences. • Determinate sentencing is a direct encroachment on the power of judges to make sentence decisions.

14. Learning Outcome 2 Judge’s Role in Sentencing • During pretrial, judge is passive and reactive. • In traditional sentencing hearing, judge has ultimate authority of the state. • Judicial discretion • Judge should be given leeway in determining punishments that fit the crime and the criminal.

15. List the six forms of punishment.

16. Learning Outcome 3 Forms of Punishment: • Capital punishment • Imprisonment • Probation • Fines • Restitution and community service • Restorative justice

17. Learning Outcome 3 The Sentencing Process: • The presentence investigative report. • The Jury • The jury, not the judge, decides where a convict eligible for death penalty will be executed.

18. Learning Outcome 3 Factors of sentencing: • Seriousness of the crime • Mitigating and aggravating circumstances

19. Explain some of the reasons why sentencing reform has occurred.

20. Sentencing Disparity: Those who commit similar crimes should receive similar punishments. Disparity occurs when: Criminals receive similar sentences for different crimes of unequal seriousness. Criminals receive different sentences for similar crimes. Mitigating or aggravating circumstances have a disproportionate effect on sentences. Learning Outcome 4

21. Sentencing Discrimination: When the sentence is influenced by race, gender, economic status, or some other factor not related to the crime. Learning Outcome 4

22. Learning Outcome 4 Sentencing Guidelines: • Require judges to dispense legislatively determined sentences. • Federal sentencing guidelines – Sentencing Reform Act (1984) • Judicial Departure • Both federal and state guidelines give judges a limited amount of discretion.

23. Learning Outcome 4 Mandatory Sentencing Guidelines: • Habitual offender laws • “Three-strikes” in court • Rummel v. Estelle (1980) • Lockyer v. Andrade (2003)

24. Learning Outcome 4 Victim Impact Evidence • Victims given the opportunity to testify during sentencing about their sufferings. • Victim Impact Statements • In almost all instances, the goal is to increase the harshness of the sentence.

25. CAREERPREP National Victim Advocate Job Description: • Provide direct support, advocacy, and short-term crisis counseling to crime victims. • Act as a liaison between victims or witnesses and district attorneys or law enforcement, and provide court support for victims. What Kind of Training Is Required? • A bachelor’s degree in criminal justice, social work/psychology, or a related field. • A minimum of two years’ experience in the criminal justice system, one year of which should have involved direct services with victims. Annual Salary Range? $29,000–$44,000 For additional information, visit: www.ncvc.org/ncvc/Main.aspx.

26. Outline the Supreme Court rulings on capital punishment that led to the bifurcated process for death penalty sentencing.

27. Learning Outcome 5 • 3,300 inmates are currently on death row. • Rate of executions peaked in 1999, but still higher than at any time in the past 60 years. • Methods include hanging, the electric chair, firing squad, the gas chamber, and lethal injection.

30. Learning Outcome 5 The Death Penalty and the Supreme Court: • Weems v. United States (1910) • Three precedents on sentencing • Cruel and unusual punishment is defined by the changing norms and standards of society and is not based on historical interpretations. • Courts may decide whether a punishment is unnecessarily cruel with regard to physical pain. • Courts may decide whether a punishment is unnecessarily cruel with regard to psychological pain.

31. Learning Outcome 5 The Death Penalty and the Supreme Court: • Furman v. Georgia (1972) • The death sentence is so arbitrary, that it’s like being struck by lightning.

32. Learning Outcome 5 The Death Penalty and the Supreme Court: • Gregg v. Georgia (1976) • Court ruled in favor of bifurcated process. • Jury first determines guilt or innocence of accused. • Jury then reconvenes to decide on death sentence for guilty

33. Learning Outcome 5 Mitigating Circumstances • Insanity • Mentally Handicapped • Atkins v. Virginia (2002) • Age • Roper v. Simmons (2005)